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Home My WebLink AboutCorrespondence BOSE McIaNNEY & EVANS LLP ATTORNEYS AT LAW Ms. Angelina Conn Planning Administrator Department of Community Services City of Carmel One Civic Square, 3rd Floor Carmel, IN 46032 September 15, 2008 Re: l800West 106th Street Partners; LtC Case No. 08060014PP Joseph D. Calderon Meridian Corporate Plaza Two 301 Pennsylvania Parkway, Suite 300 Indianapolis, IN 46280 Direct Dial (317) 684.5331 Direct Fax (317) 223-0331 E-Mail: jCalderon@boselawcom Dear Angie: Please allow this letterto be considered a request by 1800 106th Street Partners, LLC (the "Petitioner") to withdraw its Petition for Primary Plat Approval, due to' outside circumstances that were only recently disclosed to Petitioner. The withdrawal is necessary due to the fact that it does not appear that these circumstances can be changed anytime soon. As a part of Petitioner's request to withdraw, since the circumstances arose due to no fault of Petitioner, Petitioner would respectfully request a refund of all filing fees that it has paid to the City of Carmel in conjunction with the Primary Plat Approval Petition. If you would like, we would be happy to make this request to the Plan Commission in person. Thank you for understanding Petitioner's position and, if there is anything else you need as pan of the withdrawal request, please do not hesitate to contact me. cc: Mr. Mark Zukennan Mr. Mike Hollibaugh John Molitor, Esq. 12070S1 I.DOC Indianapolis Cannel Cheslerlon Very truly yours, West Lafayette Raleigh, NC Wasflington, DC Page 1 of 1 Conn, Angelina V From: Conn, Angelina V Sent: Monday, September 15, 2008 10:59 AM To: Coy, Sue E Cc: Hollibaugh, Mike P; jmolitor@prodigy.net; Tingley, Connie S Subject: 1800 West primary plat - fee refund request Hi Sue- . I know we do not usually do this, but the applicant of this petition is requesting a refund of $1,089.00 because they had to withdraw their primary plat petition, due to noJault of their own. Please let me know what I need to do to get them the refund check. The applicant is: 1800 West 106th Street Partners, LLG. Their attorney is: Joseph D. Calderon, Bose McKinney & Evans LLP, E-mail: JCalderon@boselaw.com , Direct phone: 317-684-5331. Thank you, Angie 9/15/2008 Page 1 of 1 Conn, Angelina V From: Calderon, Joseph Dcalderon@boselaw.com] Sent: Tuesday, August 19, 2008 1 :52 PM To: Conn, Angelina V Cc: Mark Zukerman; Jeffrey Cohen; Welch, Katherine; johnrmolitor@prodigy.net Subject: 1800 West (08060014 PP) Hi Angie, this email will confirm our request on behalf of the Petitioner to continue the above referenced Primary Plat hearing until next month, or the September 16th Plan commission meeting. We hope to engage in discussions with the appropriate persons to resolve the current dilemma concerning the application of the NOAX Settlement Agreement concerning the "West Clay" Annexation Ordinance in the very near future. We understand that you will present this request to the Plan Commission tonight, and we will not have to attend. Please call me if you need a representative of the Petitioner to be there tonight. Thank you, Joe. BOSE McKINNEY & EVANS .IULP Joseph D. Calderon E-mail: ~.Q.i1!q.r;!LqJ1@bQ~~.!9w..(;.<;!m Direct phone: 317-684-5331 Direct fax: 317~223-0331 www.boselaw.col11 /(rT~Fl Nf:i)'S; AT LAW 301 Pennsylvania Parkway I Suite 300 I Indianapolis, Indiana 46280 Main phone: 317-684-5300 I Main fax: 317-684-5316 This message is from the law firm Bose McKinney & Evans LLP. This message and any attachments may contain legally privileged or confidential information, arid are intended only for the individual or entity identified above as the addressee. If you are not ~he addressee, or if this message has been addressed to you in error, you are not authorized to read, copy, or distribute this message and any attachments, and we ask that you please delete this message and attachments (including all copies) and notify the sender byretiJrn e-mail or by phone at 317 -684-5000. Delivery of this message and any attachments to any person other than the intended recipient(s) is not intended in any way to waive confidentiality or a privilege. All personal messages express views only of the sf?nder, which are not to be attributed to Bose McKinney & Evans LLP, and may not be copied or distributed without this statement 8/1912008 Page 1 of 1 Conn, Angelina V From: John Molitor Omolitor@prodigy.net] Sent: Tuesday, August 19, 2008 10:57 AM To: Conn, Angelina V Cc: Hollibaugh, Mike P Subject: RE: noax agreement (C-263) & 1800 West Plat Angie - J've discussed this matter at length with both Carol'Schleif and Joe Calderon. I assume that you heard from Joe already that his clients are requesting that the proposal be tabled for now. I don't think that the agreemerit was inteilded to apply to minor plats. However, the NOAX group (including Carol) may take the position that the City has violated the annexation ordinance if the Plan Commission approves this minor plat. Bottom line for the Plan Commission: The Commission would not want to take any action that might cause the City's annexation agreement with the southwest Clay group to become unraveled. Therefore, the Commission should table this matter indefinitely, possibly until after the 2011 municipal ejection. John -----Original Message--m From: Conn, Angelina V [mailto:Aconn@carmel.in:gov] Sent: August 14., 2008 4:57 PM To: John Molitor . Subject: FW: noax agreement (C~263) & 1800 W~st Plat Hi john: Do you think this agreement applies to this proposed plat? See item 1. 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 ~'~~'-_-'-~'.,~--'''-'~ "--~.-.,;=.-.~_=_'C='...."""'C';'_,""~_'C'::"7'C",,..,,....='-.'"""~"~c',",c""'"-",=-:=.-:~:~-';"H':''''':''~,~"~.'~~~~,~""""",~""",;~,,,, . From: Conn, Angelina V Sent: Thursday, August 14, 2008 12:37 PM To: 'Calderon, Joseph' Subject: noax agreement (C-263) & 1800 West Plat Hi, Joe - Carol brought this to my attention. Sorry it is so late in the process. I was not aware there was a size restriction imposed as part of the annexation settlement agreement. Please read item i of the attached ordinance. Let me know your thoughts on this and how you would like to proceed with the 1800 West primary plat application. 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 8/19/2008 Page 1 of 1 Conn, Angelina V From: Brewer, Scott I Sent: Monday, August 18, 20084:15 PM To: Conn, Angelina V Subject: FW: lot split at 1800 W. 106th 'ST Joe Calderon called from Bose McKinney and wanted to know about the landscaping requirement for 1800 West. I left him a message that since they were basically just dividing the one lot into two, we would hold 26.01 to be sufficient in that the existing vegetation would suffice since they didn't appear to be doing any large scale construction activity. 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 From: Mindham/ Daren. Sent: Monday, August 18/ 2008 2:51 PM To: Brewer, . Scott I Subject: lot split at 1800 W. 106th 51 I Joe from Bose et allawyers wants to know if there are any landscape requirements for Doc. # 08060014. They are splitting a lot in half. He wants a call back at either 684-5331 or 294-0857 Daren Mindham Urban Fore~ter. City of Carmel Department of Community Services 317-571~2283 8/18/2008 HAMILTON COUNTY HIGHWAY DEPARTMENT August 12 2008 Mr. Lance Ferrell Banning Engineering . 853 Columbia Road, Suite 101 Plainfield, IN 46168 RE: 1800 WEST Revised Primary Plat N of 106th Street / E of Towne Road Clay Township Dear Mr. Ferrell: This Jetter serves to acknowledge receipt of a :revised Primary Plat received 08/11/08 for review. After reviewing the revised Plat the Highway Department has the following comments: 1. OK. 2. OK. 3. Include, on the secondary plat, the Instrument Number for the Sanitary Easement that crosses the property. 4. Additional comments may be needed at a later date. If you have any questions or comments concerning this letter, please feel free to contact me at anytime. Sincerely, David E. Lucas Staff Engineer DL:dl 08-12-08.a cc: Carmel T AC members G:IUSERSldeIISubdivisionsIClayI1800wesI8-12-08 ]700 South lOin Street Noblcsville, In. 46060 www.co.hamilton.in.us Office (317) 773-7770 Fax (3]7) 776-9814 ~'Your Project is Our Priority" DELIVERY TRANSMITTAL DATE: 8- 7 -08 JOB NO.: 07238 x Mail Fed Ex Customer Pick-up Delivered By: TO: Angie Conn, Planning Administrator City of Carmel Dept. of Community Services 1 Civic Square, 3rd Floor Cam1el, IN 46032 317-571-2417 PROJECT: 1800 West SUBMITTED: 1) 2 - Primary Plats (for your use) 2) 3) 4) COMMENTS: IF THERE ARE ANY QUESTIONS REGARDING THIS TRANSMITTAL; PLEASE GIVE ME A CALL AT 707-3745. THANK YOu. Brian Wagner Banning Engineering, P.C. . 853 Columbia Road, Suite 101 . Plainfield, IN 46168 Phone: (317) 707-3700 D Fax: (317) 707-3800 ~ E-mail: banning@BanningEngineering.com HAMILTON COUNTY HIGHWAY DEPARTMENT July 1, 2008 Mr. Lance Ferrell Banning Engineering 853 Columbia Road, Suite 101 Plainfield, IN 46168 RE: 1800 WEST Primary Plat N of 106th Street! E of Towne Road Clay Township Dear Mr. Ferrell: This letter serves to acknowledge receipt of a Primary Plat received 06/19/08 for review. After reviewing the Primary Plat the Highway Department has the following comments: 1. An Application for Project Review must be completed and the appropriate review fees paid prior to any approvals from this office. The application is available on the County Website. 2. Provide a 50' half Right-of-Way from the centerline of 1 061h Street per the Hamilton County Thoroughfare Plan dated 4/26/07. 3. Include the Instrument Number for the Sanitary Easement that crosses the property. 4. Additional comments may be needed at a later date. If you have any questions or comments concerning this letter, please feel free to contact me at anytime. Sincerely, David E. Lucas Staff Engineer DL:dl 06-01-08.a cc: Carmel T AC members G:\USERSldel\Subdivisions\Clayl 1800west. 7-1-08 1700 Suuth lOth Street Noblesville, In. 46060 www.co.hrtmilton.in.us Office (317) 773-7770 Fax (317) 776-9814 ~~AlNING-- ~~~EERING "Your Project is Our Priority" DELIVERY TRANSMITTAL DATE: 06/18/08 TO: JOB NO.: 07238 Mail X Fed Ex 2-Day PROJECT: "1800 "Vest" SUBMITTED: 1) One (1) Primary Plat 2) One (1) Area Map 3) 4) COMMENTS Regards, Lance Ferrell Please call (317) 707 371 2 ,vith any questions pertaining to tbis transmittal. Thank you. Banning Engineering, P.C. . 853 Columbia Road, Suite 101 . Plainfield, IN 46168 Phone: (317) 707-3700 . Fax: (317) 707-3800 . E-mail: banning@BanningEngineering.com