HomeMy WebLinkAboutCorrespondence
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NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
~
RECEIVED
MAR 2 I ~r)')H
DOCS
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINA VER
LAWRENCE 1. KEMPER
JOHN B. FLATT
FREDRIC LAWRENCE
DA VID J. LICHTENBERGER
of cOllnsel
JANE B. MERRILL
3105 EAST 9l:lTH STREET
SUITE 170
INDIANAPOLIS, IN 46280
317-l:;44-0106
FAX: 317-1\46-1\782
www.nHaw.com
March 21, 2008
VIA HAND DELIVERY
Angie Conn
City of Carmel
Department of Community Services
RE: Clm'ian Health Partners and Velocity Sports Performance
Amended ADLS Approval Docket No. 08020004
Aprill, 2008 Special Studies Committee Meeting
Brochure Submittal
Dear Angie -
Enclosed please find eight (8) informational brochures for the above matter to be
distributed to the Special Studies Committee members, Please be sure that this matter is placed
on the Special Studies Committee Agenda for tbe April 1 sl meeting, Also, please note that since
this matter is a amendment of a previously obtained ADLS request, it only requires approval of
the Special Studies Committee.
Thanks for your assistance in this matter and contact me with any questions.
Very truly yours,
NE~~KENBERGER, P,c.
Ja~~er
Page 1 of3
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Conn, Angelina V
From: Jim Shinaver [JimS@NF-LAW.COM]
Sent: Wednesday, March 19, 2008 3:24 PM
To: Conn, Angelina V
Cc: Holmes, Christine B; Boone, Rachel M.; mpowell@velocitysp.com; Wininger, Lynn E; Chad Smith
Subject: RE: Clarian Health PartnersNelocity Sports - March 24th BZA Brochures for Hearing Officer
Angie -
Thanks for your message below. I was not aware of the 20 foot drainage easement parallel to Chase Court. I will
explain to my clients the process for appearing before the Board of Public Works for a Consent to Encroach. After the
BZA meeting, I will also contact Gary Duncan in the Department of Engineering to review this matter with him.
Also, I will remind my client and the sign contractor to be sure to locate the ground sign at least 5 feet from the road
right of way adjacent to Chase Court.
Thanks again for your message. jim
Jim Shinaver
Nelson & Frankenberger
3105 E. 98th Street, Suite 170
Indianapolis, In. 46280
317 -844-0106
lim.~.@nf:!gItLG_Q.1JJ
This E-mail message and its attachments (iEany) are intended solely for the use oftlle addressee hereof In
addition, this message and the attachments (if any) may contain information that is confidential, privileged and
exempt from disclosure under applicable law. If you arc not the intended recipient of this message, you are
prohibited from reading, disclosing, reproducing, distributing, disseminating or otherwise using his
transmission. Delivery oftbis message to any person other than the intended recipient is not intended to waive
any right or privilege. If you have received this message in error, please promptly notify the sender by reply E-
mail and immediately delete this message from your system.
From: Conn, Angelina V [mailto:Aconn@carmel.in.gov]
Sent: Wednesday, March 19, 2008 12:40 PM
To: Jim Shinaver
Cc: Holmesr Christine B; Boone, Rachel M.
Subject: RE: Clarian Health PartnersjVelocity Sports - March 24th BZA Brochures for Hearing Officer
Hi Jim - Rachel is out of the office this week, and I am reviewing the file. Did you know that there is a 20-ft wide drainage and utility easement that runs
along the front of lot 5, parallel to Chase Court. If not dbne already. you will need a 'consent 10 encroach' approval from the Board of Public works to
locate that sign in the easement. Please contact Gary Duncan or dick hill in the engineering office for more info at317-571-2441.
Also, please make sure thai the ground sign is sel back at least 5-ft from the road right of way.
Thanks.
Angie Conn, Planning Administrator
Dept. of Community Services - Planning & Zoning
1 Civic Square, 3rd Floor
City of Carmel, IN 46032
p.317-571-2417 f.317-571-2426
aconn@carmel.in.gov
3/1912008
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Conn, Angelina V
From:
Sent:
To:
Cc:
Subj~ct:
Brewer, Scott I
Friday, March 07, 2008 10:39 AM
Duncan, Gary R
Conn, Angelina V; Donahue-Wold, Alexia K
RE: Holiday Inn at Pro-Med Lane
Gary:
Thank you for these comments. The only current plans I have seen lately have been the
landscape plans by "Remenschneider and Assoc." plus their tree preservation plan.
I have called Mr. DeBoy and asked him to send me a copy of the construction plans you are
reviewing so I can look at them myself and see your comments. He said they would be here
this afternoon. Thanks again Gary!
Scott Brewer, City Forester
Environmental Planner, DOCS
City of Carmel,
One Civic Square
Carmel, IN 46032
PH: 317-571-2478
FAX: 317-571-2426
Urban Forestry is the center of sustainability for municipalities -----Original
Message-----
From: Duncan, Gary R
Sent: Friday, March 07, 2008 8:44 AM
To: Brewer, Scott I
Subject: Holiday Inn at Pro-Ned Lane
Scott,
I wanted to summarize some previous comments that I made for this project that DeBoy has
indicated that they will resolve with you.
1. Sheet C3.0. Will grading along the property line kill the trees on the adjacent
property? Justus is indicating removali but what if that project is not realized?
2. Sheet C9.0. Please confirm with Urban Forester if tree removal and protection note 5 is
acceptable 3. Sheet C3.0 of 18. will grading in the vicinity of the trees in the southeast
corner kill the trees?
4. Sheet C4.0 of 18. The existing trees in the southeast corner of the site are not
representative of the existing on~site conditions.
5. Sheet Cl.O of 18. The tree preservation area along Pro-Ned Lane does not contain many
trees (if any at all).
Gary
Gary R Duncan Jr., P.E.
Assistant City Engineer
City of Carmel
Department of Engineering
One Civic Square
Carmel, Indiana 46032
(317) 571-2441
( 3 1 7 ) 571 - 2 4 3 9 ( fax )
gduncan@carmel.in.gov
1
Page 1 of I
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Boone, Rachel M.
From: Jim Shinaver [JimS@NF-LAW.COM]
Sent: Wednesday, February 20, 2008 11 :13 AM
To: Holmes, Christine B; Conn, Angelina V; Boone, Rachel M.
Subject: ClarianNelocity Sports Sign Variance (Docket No. 0802007V and 08020004 ADLS AMend)
Attachments: "FAX200802201111.PDF"
Good morning all -
Attached is a rendering depicting how the proposed sign for the above matter will be constructed. Please note
the "copy" on the attached sign is not for this project. This rendering is only intended to show the building
materials and how the sign will be constructed. Please contact me with any questions. jim
Jim Shinaver
Nelson & Frankenberger
3105 E. 98th Street, Suite 170
Indianapolis, In. 46280
317 -844-0106
jims@nf-Iaw.com
This E-mail message and its attachments (if any) are intended solely for the use of the addressee hereof.
In addition, this message and the attachments (if any) may contain information that is confidential,
privileged and exempt from disclosure under applicable law. If you are not the intended recipient of this
message, you are prohibited from reading, disclosing, reproducing, distributing, disseminating or
otherwise using his transmission. Deli very of this message to any person other than the intended
recipient is not intended to waive any right or privilege. If you have received this message in enor,
please promptly notify the sender by reply E-mail and immediately delete this message from your
system.
From: fax@nf-Iaw.com [mailto:fax@nf-Iaw.com]
Sent: Wednesday, February 20, 2008 11: 11 AM
To: Jim Shinaver
Subject: From rr3178468782"(rrNELSON FRANKENBERGERrr)(Fax Message N0.3775)
2120/2008
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Boone, Rachel M;
From: Jim Shinaver [JimS@NF-LAW.COM]
Sent: Tuesday, February 19, 2008 11 :21 AM
To: Holmes, Christine B; Conn, Angelina V; Boone, Rachel M.
Cc: Charlie Frankenberger
Subject: Cornerstone - Penn Medical Plaza Signage
Attachments: "FAX2008021911 02.PDF"
Christine. Angie and Rachel -
I believe Charlie may have spoken to Christine about the wall sign sizes the day we filed the zoning
applications (2/8/08) for the above referenced matter,
When Charlie and his client originally met with your office, the client was proposing four (4) wall signs and each
would be about 18 314 square feel in size. Since 75 square feet of lotal wall signage was permitted, the logic was
that the 4 wall signs combined would equal the total permitted size (18 3/4 X 4 = 75 square feet).
Just prior to filing, the client realized that the 183/4 square foot wall signs would be very small signs and would
not be very visible to passing vehicles. Thus, the plans we filed for the wall signs showed larger wall signs _
however, they were too large (about 36 square feet in size).
Attached to this message are the revised renderings of the wall signs that depict the size our client would
prefer, which is 25 square feet for each wall sign. These 25 square foot wall signs are slightly larger than the 18
3/4 square foot signs, but should be easier to identify than the smaller signs. These 25 square foot wall signs
would be approximately 25 square feet more than what would be permitted for wall signage (75 square feet vs.
100 square feet).
I just wanted to clarify the size of these wall signs. Please contact me with any questions. Jim
Jim Shinaver
Nelson & Frankenberger
3105 E. 98th Street, Suite 170
Indianapolis, In. 46280
317 -844-0106
jlm$@Qf-.I"LllllcGQf11
This E-mail message and its attachments (if any) are intended solely for the use of the addressee hereof. In
addition, this message and the attachments (if any) may contain information that is confidential, privileged and
exempt from disclosure under applicable law. If you are not the intended recipient of this message, you are
prohibited from reading, disclosing, reproducing, distributing, disseminating or otherwise using his transmission.
Delivery of this message to any person other than the intended recipient is not intended to waive any right or
privilege. If you have received this message in error, please promptly notify the sender by reply E-mail and
immediately delete this message from your system.
~C~_~_-'::'=-~C'~"""'"'~~"__~___'_"'~".~'''"~~:--'.~.'--~~''-.~
2/19/2008
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Page lof2
Conn, Angelina V
From: Conn, Angelina V
Sent: Tuesday, February 19, 2008 9:42 AM
To: 'Jim Shinaver'
Cc: Charlie Frankenberger; Boone, Rachel M.; Holmes, Christine B; Hancock, Ramona B; Tingley, Connie S
Subject: RE: Clarian Health/Sports Velocity - BlA and Plan Commission Schedules
Hi, Jim - we can go ahead and move your adls amendment item to the April 1 pc committee meeting. No problem. The
adls amendment fee and Info packets for the committee meeting will be due march 21.
Angie Conn, Planning Administrator
Dept. of Community Services - Planning & Zoning
1 Civic Square, 3rd Floor
City of'Carmel, IN 46032
p.317-571-2417 f.317-571-2426
aconn@carmel.in.gov
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From: Jim Shinaver [mailto:JimS@NF-LAW.COM]
Sent: Tuesday, February 19,20089:19 AM
To: Boone, Rachel M.; Conn, Angelina V; Holmes, Christine B; Hancock, Ramona B; Tingley, Connie S
Cc: Charlie Frankenberger
.subject: Clarian Health/Sports Velocity - BZA and Plan Commission Schedules
Good morning everyone -
Attached you will find a zoning schedule that I prepared for the above matter and the docket sheet assignment
emails for these matters.
I noticed that the docket sheet assignments listed the Plan Commission's Special Studies Committee hearing for March
4th and the BlA hearing was listed for March 24th.
Since we need the variance in order to have the sign, I thought we should probably appear first before the BlA on
March 24th and then go to the Special Studies Committee on April 1 s1. If you agree, please email me back. However.
if you want us to go to the Special Studies Committee before we go to the BlA, we can do that - just let me know. Thanks
and please contact me with any questions. jim
Jim Shinaver
Nelson & Frankenberger
3105 E. 98th Street, Suite 170
Indianapolis, In, 46280
317 -844-0106
iirns@nf-Iaw.com
This E-mail message and its attachments (if any) are intended solely for the use of the addressee hereof. In addition, this
message and the attachments (if any) may contain information that is confidential, privileged and exempt from disclosure
under applicable law. If you are not the intended recipient of this message, you are prohibited from reading, disclosing,
reproducing, distributing, disseminating or otherwise using his transmission. Delivery of this message to any person other
than the intended recipient is not intended to waive any right or privilege. If you have received this message in error,
please promptly notify the sender by reply E-mail and immediately delete this message from your system.
From: fax@nf-Iaw.com [mailto:fax@nf-Iaw.com]
Sent: Tuesday, February 19,2008 9:04 AM
To: Jim Shinaver
2/19/2008
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Department of Community Services
One Civic Square' Carmel, IN 46032
Phone: 317-571-2417' Fax: 317-571-2426
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City of Carmel
One Civic Square
Carmel, IN 46032
317-571-241 Tfax 317-571-2426
Invoice No.
106
INVOICE !!!!!!!!!
Customer
Name Clarian Health / Velocity Sports Signage
Address 1402 Chase Ct.
City Carmel State IN ZIP 46032
Phone
Date
Order No.
Rep
FOB
2/13/2008
Qty Description Unit Price TOTAL
1 ADLS Amendment application fee $285.00 $285.00
1 Fee per sign $57.00 $57.00
Please return one copy with payment.
Please make check payable to:
City of Carmel
and mail to the attention:
City of Carmel, DOCS
Orre Civic Square -,
Carmel, IN 46032
Total $342.00
Payment Details "\ $0.00
0 Cash
0 Check
IOffice Use Only
City of Carmel, Department of Community Services
..........
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from: Boone, RachelM. [mailtU'?One@carmeLin.gov]U"I/at/!toVVlf\1{9j1'"&>\.1
Sent: Wednesday, February 13,' 8 4:2.0 PM .
To: Blanchard, Jim E; Brennan, Kevin 5; Brewer, Scott I; Conn, Angelina V; Coy, Sue E; DeVore, Laura B;
Hancock, Ramona Bi Hollibaugh, Mike P; Holmes, Christine Bi Keeling, Adrienne Mi Littlejohn, David Wi Stewart,
Lisa M; Tingley, Connie S
Cc: Charlie Frankenberger
SUbject: Docket No. Assignment: (ADLS Amend) Clarian HealthlVelocity Sports - Signage (tf08020004 ADLS
Amend)
I have notified the petitioner that I have issued the necessary Docket Number for (ADLS Amend) Clarian
HealthNelocity Sports - Signage. It is the following:
Docket No. 08020004 ADLS Amend: Clarian HealthNelocity Sports - Signage
ADLS Application Fee: $285.00
$55.50 per sign 1)1- $5hl!!' ?
Total Fee: l ~ $342.00~ ~
Docket No. 08020004. ADLS Amend:. Clarian H. ealthNelocity SP07rts - Sign ( e
The applicant seeks approval for 1 new ground sign.
The site is located at 1402 Chase Ct. It is zoned M-3.
Filed by Charlie Frankenberger of Nelson and Frankenberger.
Petitioner, please note the following:
1. This Item will not be on an agenda of the Technical Advisory ommittee.
2 ~ailed and Published Public Notice does not need to occur.
3, Proof of Notice is not needed.
4. The Filing Fee and Eight (8) InformatiO!)paCl(e~muslJ -e-dejiy~red to Plan Commission Secretary,
Ramona Hancock, no later than 12;00 PM, Friday, febtuary 22,20~. If filing fee and matenals are not
delivered by this time, this application will be continue/to the April 1 ,to 8 meeting
5. This Item will appear on the Tuesday, M~,_2.Q08 agenda of the Plan ommission Special Studies
Committee at 6:00 pm in the Cit~ucus Rooms, Second Floor.
PETITIONER: refer to your instruction sh~.lor mare detail
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Page 2 of2
Mr. FranKenberger can be contacted at 317-844-0106.
R~BOOY\.e'
Sign Permit Specialist
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
317.571.2417
317.571.2426 fax .
htto:llwww.ci.carmel. in. us/services/communilvservice.html
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ZONING SCHED U LE
2/8 - Deadline to tile Plan Commission nod BZA Applications
2/26 - Noon deadline for Shinaver to submit notice La paper for BZA hearing
2/28 - Shinaver mail notice by certified mail and post sign on propeny for BZA;
paper publishes notice for BlA
3/14 - Noon Shinaver submit informational brochures and proofs of notice with Staff
tor BlA hearing
3/21 - Noon Shinaver submit informational brochures to Staff tor Plan Commission
sse hearing
3/24 - 5:30 pm BZA hearing (public hearing)
4/1 - Gpm Plan Commission sse hearing
From: Boone, Rachel MUilto:rboone@carmel.,n.gov] U ~-z.A;-. -
Sent: Wednesday, February 13{ 2008 3:31 PM ___
To: Blanchardl Jim E; Brennan, Kevin S; Brewer, Scott I; Conn, Angelina V; Coy, Sue E; DeVore, laura B;
Hancock{ Ramona B; Hollibaugh, Mike P; Holmes, Christine B; Keeling, Adrienne M; littlejohn, David W; Stewart,
Lisa M; Tingley, Connie S
Cc: Charlie Frankenberger
Subject: Docket No. Assignment: (V) Clarian HealthfVelocity Sports - Signage (#08020007 V)
I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for (V) Clarian
HealthNelocity Sports - Signage. It will be the following:
Docket No. 08020007 V
C\i1A Total Fee:
$572.50
$572.50 ~
(V) Clarian HealthNelocity Sports - Signage
The applicant seeks the following development standards variance approval:
Docket No. 08020007 V Section 25.07.02-10 (b) Number of signs
The site is located at 1402 Chase Ct. and is zoned M-3 - Manufacturing park district for unified preplanned
manufacturing and other compatible land uses within a park like setting, up to 20% residentiaL Filed by Charlie
Frankenberger of Nelson and Frankenberger.
-
Petitioner, please note the following:
1. This Item will not be on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later lhan Thursday, February 28. Published
notice is required within the Indianapolis Star. Note: the placement of a public hearing sign on the property
is also required by the BZA Rules of Procedure, Article VI, Section 6 (see attached pdf).
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, March 14.
Failure to submit Proof of Notice by this time will result in the tabling of Ihe petition.
4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley
no later than NOON. Friday, March 14. Failure to submit Informational Packets by this time will result in the
automatic tabling of the petition to the April 28 apenda of the BZA
5. This Item will appear on the March 24, 2008 agenda or the Hearing Officer or the Board of Zoning
Appeals under Public Hearings. ""--
6. The petitioner will need to provide a fully filled-out Findings-<Jf-Fact sheet for each petition the night of
the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date
(Sheet 7).8allot sheets must be collated.
7.) PETITIONER: refer to your instruction sheet for more details.
Mr. Frankenberger can be contacted at 317-844-0106.
Qwartment's Review Comments: petitioner. please complete the following:
1.) Make sure the pUblic notice meeting time to the newspaper and neighbors reads 5:30 PM. It is suggested to
send the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317-444-
7163 or email: publicnotices@indystar.com).
2.) Please make checks payable to the City of Carmel.
3.) Please provide filled out and notarized placement of public notice sign affidavit.
4.) Please provide the Adjacent Property Owners list and proof of notice from the Indy Star.
Thank you.
7<..~130-0-ne~
Sign Permit Specialist
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
317.571.2417
317.571.2426 fax
h 1tp.://www.cl.carmel.in.us/services/communitvservice.html
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NELSON
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FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
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JAlV1ES J. NELSON
CHARLES D. FIV\NKENI3ERGER
JAMES E. SH1NA VER
LAWRENCE J. KEMPER
JOHN R. HAlT
FREDRIC LAWRENCE
DA V 10 J. LICHTENBERGER
of counsel
JANE B. MERRILL
3105 EAST 93TH STREET
SUITE 170
INDIANAPOLIS, IN 46230
317-844-0106
FAX: 317-846-S7li2
www.nf-Iaw.col11
February 8, 2008
VIA HAND DELIVERY
Christine Barton-Holmes
Angie Conn
City of Carmel
Department of Community Services
RE: Clarian Health Partners - Ve10city Spotts Performance Building
Applications l' OJ Variances and Amended ADLS Approval for Signage
Dear Christine and Angie -
Enclosed please find the following:
1. Two (2) copies of a Variance Appllcation for Signage;
2. Two (2) copies of an Amended ALDS Application for Signage;
3. A copy of the tax card and zoning map; and,
4. Copies of all plans and drawings regarding the signage proposals for this project.
Since this project has already undergone ALDS approval, our understanding is that the revised
sign package would only require Amended ADLS approval through the Special Studies
Committee. Further, our understanding is that we wouLd fIrst appear before the BZA to secure
all the sign variance and the BZA Commitment amendment and, then we would appear before
the Special Studies Committee for ADLS Amendment approvaL. In the next few days, I will
email to you my understanding of the upcoming zoning schedule for this matter.
Nelson & Frankenberger
February 8, 2008
Page 2 of2
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As usual, thank you for your assistance and please do not hesitate to contact me if you have any
questions.
Very truly yours,
FRANKENBERGER, P.c.
]a. e . . Sbinaver
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