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Home My WebLink AboutCorrespondence ~ - .~ u u NELSON & FRANKENBERGER JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SI-UNA VER I.A WRENCE 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 www.nf-Iaw.com FREDRIC LAWRENCE DAVLD J. LICHTENBERGER JESSICA S OWENS Of Counsel JANE B. MERRILL July 11, 2008 ~ $' ~~~. .th-/ ~12~ <:I) VC~ tb Via Hand Delivery to: \ \ \ "' ", ............. :....... Angie Conn Christine Bmion-Holmes City of Carmel Dept. of Community Services One Civic Square CalTIlel, IN 46032 RE: Old Meridian, LLC - Old Meridia11 Plaza Amend Building #2 - Amended Plat Application, Zoning Waiver Application and Variance Application Dear Angie and Christine: The Old Meridian Plaza project was originally filed by Keystone Group, LLC as the contract purchaser of the property. The actual entity that purchased the property was Old Meridian, LLC. I wanted to update you as to this change. In any event, per our recent discussions, our client is seeking various approvals related to the second building that will be located on the eastern portion of the site. We will begin referring to this as "Building #2". While we previously submitted applications fOf DP and ADLS approval for Building #2, due to the desire to create two (2) lots on the overall site, the plans have slightly changed from the original submittal. To this end, enclosed please find: 1. An original and one (1) copy of an Amended Plat Application; 2. An original and one (I) copy of a Zoning Waiver Application; 3. An original and one (I) copy of a Developmental Standards Variance Application regarding certain variances that are required for Building #2; and, 4. The associated plans and drawings related to the above referenced applications. i. .... u u Please note I have attemptcd to identify all known variances. However, if aftcr you review the enclosed plans and drawings you determine that other variances are req uired, please advise me so that I can prepare additional Findings of Fact. Also, at this time, I have prepared a general Finding of Fact for the Variance application. I will be sure to include in the infoTInational brochurcs to the BZA separate Findings of Fact for all indentified variances for Building #2. Based on our discussions, my understanding is that the Plan Commission will review the Amended Plat application, the previously submitted ADLS application and the Zoning Waiver application at their August 19t11 meeting. Also, it is my understanding is that the Board of Zoning Appeals will review the Variance applications at their August " 5th . ,;., meetmg. Please assign docket numbers to these applications and provide me the filing fees for each. As ahvays, thank you for your help and please contact me with any questions. Very truly yours, NELSON & FRANKENBERGER ()~ Charles D. Frankenberger CDFfbjt Enclosure 1-1 :'IEcck)'\ZOllillg & J{eat E~t.ale M(lller~\KcYSlOnc GHlll[1\L1r 10 A COIIJII162UU!:l.dcx: u u Page 1 of 4 ? ... Conn, Angelina V From: John Molitor Umolitor@prodigy.net] Sent: Monday, July 07, 2008 11 :48 AM To: Conn, Angelina V Cc: 'Ersal Ozdemir'; Hollibaugh, Mike P; 'Fetahagic, Alen'; 'Charlie Frankenberger' Subject: RE: old meridian plaza, building 2- plat I agree - both the PP Amend and the accompanying subdivision waiver applications will require public notice and a public hearing before the Plan Commission (in August). I seriously doubt that anyone will want to speak at the public hearing, but we will need to conduct it anyway. John -----Original Message----- From: Conn, Angelina V [mailto:Aconn@carmel.in,gov] Sent: July 7,2008 11:23 AM To: jmolitor@prodigy.net Cc: Ersal Ozdemir; Hollibaugh, Mike P; Fetahagic, Alen; Charlie Frankenberger Subject: RE: old meridian plaza, building 2 - plat John: Yes, that would be great if you could contact the school's att.orney about this. And yes. We can accept the pp amend application. But this will require public notice (due by July 25) and a public hearing, whereas the adls (with no DP) does not require public notice. Thanks, Angie Conn, Planning Administrator Dept. of Community Services - Planning & Zoning 1 Civic Square, 3rd Floor City of Carmel, IN 45032 p.317-571-2417 f.317-571-2426 aconn@carmel.in.gov From: John Molitor [inailto:jmolitor@prodigy.net] Sent: Monday, July 07,2008 11:18 AM To: Conn, Angelina V Cc: 'Ersal Ozdemir'; Hollibaugh, Mike P; 'Fetahagic, Alen'; 'Charlie Frankenberger' Subject: RE: old meridian plaza, building 2 - plat Angie - This is just to confirm that Charlie and I discussed this rnatter by telephone this morning. I am essentially in agreement with Charlie's suggestion (see his thought #1 , below) that they can supplement the file with an application for a primary plat amendment and subdivision waiver - allowing the primary plat amendment and subdivision waiver to be presented to the Plan Commission in August along with the DP!ADLS application. This procedure would not conflict with the approval that was previously given this development by the BZA. Regarding Charlie's comment aboufthe parcel owned by the school district (thought #2, below), I agree with your earlier observation that it is a big mess. However, I don't think that it is the responsibility of Charlie's client to clean up the mess (he did not illegally split the lot, assuming that the split was illegal). In my opinion, we should advise the school officials of the situation so that they can understand that they will need to partially vacate lot 8 if they ever want to develop this parcel - or, for that matter, if they want to include it in a future development proposal involving the contiguous 20-acre parcel that fronts on Guilford Road. If you want, I can communicate with Ann O'Hara, the schools' attorney, about this issue, since I am already in communication with her on another pending matter. John 7/1512008 o o Page 2 of 4 -----Original Message----- I From: Charlie Frankenberger [mailto:chalie@NF-LAW,COM] Sent: June 25, 2008 4:47 PM To: Conn, Angelina V . Cc: Ersal Ozdemir; John Molitor; Hollibaugh,] Mike P; Fetahagic, Alen Subject: RE: old meridian plaza, building 2 T plat Hi Angie, A couple of thoughts: , 1--0n June 20 we filed our DP/ADLS application which, at the time, we thought was all we needed from PC. Please let me know if we can supplemeht the file with the an application for primary plat amend. There is ample time to effect the required public notice and, in this way, we. can still present everything to the PC in August and avoid the loss of a mo~th. 2--The school owns not only part of lot 8, buttalso the contiguous 20 acre to the east, all of which has frontage on Guilford, providing access. Perhpps the school could later partially vacate lot 8. We would have no objection to this; however, if we try to do all of this in connection with the pending request, we will be substantially delayed. Please let know your though'ts. Thanks! Charles D. Franken berger . NELSON & FRANKENBERGER, PC 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 317-844-0106 Voice 317-345-3021 Cell 317-846-8782 Fax I From: Conn, Angelina V [mailto:Aconn@carr\1el.in.gov] Sent: Wednesday, June 25, 2008 2: 51 PM To: Charlie Frankenberger , Cc: Ersal Ozdemir; John Molitor; Hollibaugh, 'MiKe P Subject: RE: old meridian plaza, building 2 J plat Hi, Charlie - the primary plat amenqment wo~ld require a public hearing in front of the plan commission. The secondary plat would be administrative. ' If the future back parcel is accessed. by an eJsement within the plat and does not have its own public streetfrontage, then a subdivision waiver is r~quired. And, while we are at it, we might want to rectify the nonconformity issue with the part of lot 8 that is just east of this development and is owned by thlschool (I think), and is currently a land-locked parcel. Technically it is still part of lot 8 and lot Bwas"illegally split in two several times, to make several different tax parcels. See attached original plat. It is jLi~t a big mess. 7/15/2008 Page 3 of 4 .. o Right-click here to download pictures. To help protect your privacy, Outlook prevented automatic download of this picture from the Internet. That is why a plat vacation might benefit all of the property owners. John Molitor might be able to offer the best remedy for this situation.... 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@carrnel.in.gov From: Charlie Frankenberger [mailto:chalie@NF-LAW.COM] Sent: Wednesday, June 25, 2008 1:17 PM To: Conn, Angelina V Cc: Ersal Ozdemir; John Molitor; Hollibaugh, Mike P Subject: RE: old meridian plaza, building 2 - plat Thanks Angie, Please let me know if the amended primary plat (and the associated secondary plat) are administrative (like the replat) and do not, therefore, require a hearing before the PC. In this regard, really nothing has changed. Please also confirm that no waivers or variances are 'required by reason of the access thru an easement of the eastern most lot. Thanks. Charles D. Frankenberger NELSON & FRANKENBERGER, PC 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 317-844-0106 Voice 317-345-3021 Cell 317-846-8782 Fax From: Conn, Angelina V [mailto:Aconn@carmel.in.gov) Sent: Wednesday, June 25, 2008 12:17 PM To: Charlie Frankenberger; Charlie Frankenberger Cc: Ersal Ozdemir; John Molitor; Hollibaugh, Mike P Subject: old meridian plaza, building 2 - plat Hi, Charlie - In your June 20 memo, you mentioned something about splitting the current parcel and then 7/1512008 o 0 Page4of4 acce$sing the back building with and easem~nt, which will be owned by a different property owner. Tfiis cannot be done, because this property is cuntently a platted lot and you have a replat application on file. You will have to do a primary plat amendme~t & secondary plat and that will have to comply with the subdivision control ordinance standards. Or, you can do a plat vacation. I just wanted to let you know. 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.317-5.71-2426 aconn@carmel.in.gov 7/1512008 Page 1 of3 Conn, Angelina V From: John Molitor Umolitor@prodigy.net] Sent: Monday, July 07, 2008 11: 18 AM To: Conn, Angelina V Cc: 'Ersal Ozdemir'; Hollibaugh, Mike P; 'Fetahagic, Alen'; 'Charlie Frankenberger' Subject: RE: old meridian plaza, building 2 - plat Angie - This is just to confirm that Charlie and J discussed this matter by telephone this morning. I am essentially in agreement with Charlie's suggestion (see his thought #1 , below) that they can supplement the file with an application for a primary plat amendment and subdivision waiver - allowing the primary plat amendment and subdivision waiver to be presented to the Plan Commission in August along with the DP/ADLS application. This procedure would not conflict with the approval that was previously given this development by the BZA. Regarding Charlie's comment about the parcel owned by the school district (thought #2, below), I agree with your earlier observation that it is a big mess. However, I don't think that it is the responsibility of Charlie's client to clean up the mess (he did not illegally split the lot, assuming that the split was illegal). In my opinion, we should advise the school officials of the situation so that they can understand that they will need to partially vacate lot 8 if they ever want to develop this parcel - or, for that matter, if they want to include it in a future development proposal involving the contiguous 20-acre parcel that fronts on Guilford Road. If you want, I can communicate with Ann O'Hara, the schools' attorney, about this issue, since I am already in communication with her on another pending matter. John -----Original Message----- From: Charlie Frankenberger [mailto:chalie@NF-LAW.COM] Sent: June 25, 20084:47 PM To: Conn, Angelina V Cc: Ersal Ozdemir; John Molitor; Hollibaugh, Mike P; Fetahagic, Alen Subject: RE: old meridian plaza, building 2 - plat Hi Angie, A couple of thoughts: 1-"On June 20 we filed our DP/ADLS application which, at the time, we thought was all we needed from PC. Please let me know if we can supplement the file with the an application for primary plat amend. There is ample time to effect the required public notice and, in this way, we can still present everything to the PC in August and avoid the loss of a month. 2"- The school owns not only part of lot 8, but also the contiguous 20 acre to the east, all of which has frontage on Guilford, providing access. Perhaps the school could later partially vacate lot 8. We would have no objection to this; however, if we try to do all of this in connection with the pending request, we will be substantially delayed. Please let know your thoughts. Thanks! Charles D. Frankenberger NELSON & FRANKENBERGER, PC 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 317-844-0106 Voice 317-345-3021 Cell 317-846-8782 Fax 717/2008