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~~~~~ ~A~l~~ol V 1
October 30, 2008
Neighborhood rezoned despite some protest
Br Melanie A Hnves
melnni e. d. ha ves @ ind vstar. cam
A handful of North Meridian Heights residents lost their fight to keep a developer from rezoning their
homes.
The Carmel City Council voted 6-0 last week to rezone the entire neighborhood on the north side of
131st Street between U.S. 31 and Old Meridian Street, from residential to commercial.
A majority of residents have signed contracts to sell their homes to Browning Associates. Several
others, however, were not interested in selling and did not want to be rezoned.
The neighborhood, which includes 46 lots, is adjacent to a 20-acre property that Browning is
developing as the $20-million Meridian & Main commercial project.
James Browning, vice president of real estate development for Browning, said residents who do not
want to sell can remain in their homes but he still wanted to rezone the neighborhood.
A few residents have been very vocal about not wanting to be rezoned, and have spoken at City
Council and Plan Commission meetings. Some even held a peaceful protest outside City Hall.
Council member Joe Griffiths offered an amendment to the ordinance to include rezoning conditions
that would protect the rights and lifestyle of residents wishing to remain in their homes. The council
voted unanimously in favor of it.
The conditions are:
» In order to demolish buildings or cut down trees, Browning will have to submit a tree inventory and
preservation plan that complies with Carmel city ordinances.
» Homes that are purchased by Browning and vacated by May 15 will be demolished by June 15.
Homes purchased after May 15 will be demolished within 30 days after being vacated.
» Private security, contracted by Browning, will conduct periodic inspections of the premises while
vacant homes wait to be demolished.
» Demolition of residences will only be permitted from 8 a.m. to 5 p.m. Monday through Friday.
Page 1 of 1
htro://www.indvstar.com/apps/pbcs.dlUarticle?AID=/2008 1 0 3 0/LOCALO 1 0 1/8 1 0300346/ l 150/L.... 10/30/2008
John R. Molitor
Attorney at Law (317) 843-551 I
9465 Counselors Row, Suite 200 Fax (317) 843-1543
Indianapolis, IN 46240-6150 e-mail jmolitor@prodigy.net
MEMORANDUM
TO: Kevin Rider
Member, Land Use and Annexation Committee
FROM: John R. Molitor {~. , 1n A
Counsel to the Carmel Plan Commission ~ ~ ~
DATE: October 8, 2008
RE: North Meridian Heights Rezone (Plan Commission Docket 08060017 Z)
As you requested, I am listing answers to several key questions that have been asked regarding
the proposed rezone ordinance and its effect on existing residents of the North Meridian Heights
neighborhood:
1. What is the current status of the homes in the neighborhood?
This neighborhood is now in the S-2 Residence zoning district, but the 47 residential lots in
the neighborhood also lie within the U.S. Highway 31 Corridor Overlay Zone, which
excludes single-family and multi-family residential uses. Thus, the residences on these lots
are already "legal nonconforming uses" as defined in our Zoning Ordinance. That is to say,
they conformed to applicable provisions of the Zoning Ordinance before the 31 Overlay
Zone was created; however, they do not conform to all Zoning Ordinance provisions that are
now in effect.
2. Since these homes are already legal, nonconforming uses, what rights do their owners
have now under our Zoning Ordinance?
Our Ordinance basically has "grandfathered" all of these existing residences. The first
sentence of Chapter 28, which governs nonconforming uses, says, "A legal nonconforming
use may be continued, although such use does not conform to all the provisions of this
Ordinance, as hereinafrer provided...."
Memo to Kevin Rider
October 8, 2008
Page 2 oj2
3. Do homeowners lose any of their rights if their land is rezoned from the S-2 Residence
district to the B-6 Business district, as proposed by Docket 08060017 Z?
No. In fact, our Zoning Ordinance provides additional protection to homeowners whose land
is rezoned from Residence to Business districts. The third sentence of Chapter 28 says,
"Existing residences in the various Business and Industrial districts may be structurally
altered and expanded." There is no similar provision that protects homeowners whose land is
in the S-2 district.
4. If a fire or other disaster destroys a homeowner's residence, do they have the right to
rebuild?
Definitely, but only if the home is rezoned to the B-6 district. Section 28.07 of our Ordinance
says, "Nothing in this Ordinance shall prevent the restoration of a building or structure
destroyed less than forty percent (40%) of its square footage at the time of such
destruction...." So, if a fire left only 60% of a home in the S ~ district standing, then the
owner might have to obtain a variance from the Board of Zoning Appeals in order to restore
the structure. But any existing residence rezoned to the B-6 district would automatically be
entitled to be rebuilt after a fire (see answer 3 above).
cc: Mike Hollibaugh, Director
Department of Community Services
Message
Conn, Angelina V
From: Kilmer, Roger A. [Roger.KilmerC~?bakerd.com]
Sent: Tuesday, October 07, 2008 3:39 PM
To: Conn, Angelina V
Cc: Brewer, Scott I
Subject: RE: north meridian height rezone -tree preservation plan
Angie,
Page 1 of 2
I don't believe that they have discussed this since the September Plan Commission Hearing, and I
have not heard from Scott. I know that Jamie Browning is prepared to agree to the following
commitment: No building or tree clearing shall occur prior to the submission of a tree preservation
plan which is in compliance with the Carmel City Ordinances.
Please let me know if you have any questions. Thanks.
Roger A. Kilmer
Land Use Consultant
T: 317.569.4891 ~ F: 317.569.4800
BAKER & DANIELS LLP
WWW.BAKERDANIELS.COM
600 E. 96TH STREET, SUITE 600 ~ INDIANAPOLIS, IN 46240
-----Original Message-----
From: Conn, Angelina V [mailto:Aconn@carmel.in.gov]
Sent: Tuesday, October 07, 2008 2:54 PM
To: Kilmer, Roger A.
Subject: north meridian height rezone -tree preservation plan
Hi Roger - do you know if Jamie Browning and Scott brewer met to discuss the tree preservation plan for this
site?... It is a topic of discussion for Thursday night's city council LUAC meeting. and I just want to be prepared. I
also have an email into Scott.
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.aov
~j Plcasc consider fhc cncixonmui[ bcfoxc painting dus c-mail
ATTENTION:
To ensure compliance with applicable Internal Revenue Service Regulations,
we inform you that any tax advice contained in this electronic message was
not intended or written to be used, and cannot be used, for the purpose of
avoiding penalties under the Internal Revenue Code.
10/7/2008
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Thursday, September 11, 2008 2:31 PM
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SeptemUer 23, 2008
Dear City Council members,
First I would like to thank the Zoning Commission for the time spent addressing the North.
Meridian Heights re-zoning issues at their last meeting. It certainly felt like our concerns were
being heard.
As the petition was amended, I had not realized we would be able to speak and so I write this to
express our on-going concerns.
We currently are S-2 in the US 31 overlay and my understanding from last meeting is itjust
doesn't get better than that!
During the hearings regarding the 31 and Main, Mr. Browning was told to work with the City
Forester and all the other agencies as he has been told with this upcoming re-zone. Contrary to
that request Mr. Browning cleared over 8 acres of mature wooded Land adjacent to the west of
us. This was done over a week's time with machinery working late into the night (past my child's
bed time). Despite frequent calls from us to the Forester and the Zoning office nothing was
done. As a result of the clearing being too close and too deep, tree roots were cut and not only
are homeowner's trees dying but some of Mr. Browning's within his 25 foot ".buffer". I stood with
the staff of St. Christopher's church as they cried for the loss and they like Mr. Browning a lot.
Now clearly this damage is already done and what can be done I do not know. Mayor Brainard
made a public statement last Tuesday that this was an intimidation act that some developers use
and that clearing all the land with no regard for possible tree salvage and no site plan just to
intimidate us was "just wrong".
So my question toward the future is: What happens to our rights when Mr. Browning clears a lot
between our homes? Currently of the 9 to 11 non -selling homes (depending on who you speak
with) of the actual North Meridian Heights 46 lots -the largest open space between remaining
homes is 2 lots. Will the City Council insure that the demolition will not encroach on our homes
and trees? Since the lots are too small for building anything what will theCouncil have Mr.
Browning do with these spaces?
If you have any doubt as to my statement/ concerns, please drive to the end of Lynne Drive and
look at the dying trees. Oddly enough the trees that remained unharmed are the ones adjacent to
selling homeowners. You can google map my address or look at the oriel photos in the docket to
see the destroyed woods.
Again, I thank you for your time and help.
Judy Stamper
1307 Lynne Drive
Carmel, IN 46032
Judy M. Stamper
HeoltliWorks ' '
Ph 317- 818- 0096
fx 317- 848 -2011'.
Message
Conn, Angelina V
From: Brewer, Scott I
Sent: Tuesday, September 16, 2008 5:15 PM
To: 'Jamie Browning'
Cc: Conn, Angelina V
Subject: RE: meridian heights rezone, tree preservation
Dear Jamie:
Page 1 of 5
I have talked with Angie about what view of the Department should take. I am not positive at this point which buffer you
are talking about that would be provided for in the Ordinance. I agree that an inventory should be agreed on at this time,
but I think there has to be a commitment to a level of preservation. Without the inventory being done at this point, you are
afraid you will tie your own hands if you commit to too much before it is known what is worth preserving. I understand
that, but at the same time once we let it go, it's gone quickly and forever - at least for 30 or 40 years. The City suffers for
it, for the lost benefits.
It does not appear that many trees to be preserved would fall into traditional setback areas of a business zoned plat. I
would say that an inventory would tell us more about how to best "divide" the parcel for tree preservation, but if you need
a number to arrive at a compromise, I would propose 45% to 50% total caliper inches in DBH. That would allow designers
to be enormously tlexible in how to best utilize the natural resources of this parcel, and hopefully in the same effort save
your company money in the construction and maintenance, especially in areas like water quality and storm water Best
Management Practices. It might even provide some marketability for the site for LEED aspects.
9/ 16/2008
/l.
Page 1 of 3
Hancock, Ramona B
From: Hancock, Ramona B '
Sent: Tuesday, September 16, 2008 3:33 PM
To: Hancock, Ramona B
Subject: FW: Please reconsider this for tonight's meeting!
From: Alene Johnson [mailto:Alene@barleans.com]
Sent: Tuesday, September 16, 2008 2:08 PM
To: Hancock, Ramona B
Subject: FW: Please reconsider this for tonight's meeting!
Hello Ramona, .
1 would appreciate it if you eould ~plcase forward the following email to those ou the planning committee before
tonight's meeting.
Thank you.
Alcne,fohnson
I am not a citizen of Carmel, but 1 un respectfully asking that you reconsider the rezoning-it is
important that these homes by zoned residential and have all Che rights of a S-? zoning.
Please reconsider---do not let these citizens fall prey to what has happened to so many others all across our
country.
Sincerely.
Alene Johnson
Subject: North Meridian Heights re-zoning
Dear City Council,
I imagine you have heard more than you ever thought concerning the rezoning of my and some of my neighbor's
that do not want to sel I OR be zoned B-6. I write you one more time before the meeting on September ~ 6~h to
look at these pictures and respect our wishes to not be included in the rezoning. There are minimum 11 homes
that have not signed with Mr. Browning and our quality of life will change dramatically if this is allowed.
In Saturday's Carmel Star interview, Mr Browning stated, "If they in fact choose to stay in their homes as
residents, it doesn't affect them in any way, shape, or form".
Can you honestly look at these photos and agree with that statement?
No buffer area.
No ability to get a building permit in the future.
None of the amenities and securities afforded to us as S-2 Residential.
We have great support from the media and public. I sincerely hope we may have yours also
9/ 16/2008
Please do not let this happen to my home.
I thank you for your time,
Judy
HELP STOP
FORCED RE-ZONING
for CARMEL
NORTH MERIDIAN HEIGHTS RESIDENTS!
9/16/2008
Page 2 of 3
B-6 Zoning Next to S-2 HOMES in Carmel
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B-6 Zoning Next to B-6 Zoned HOME in Carmel
The City of Carmel says this RE-ZONING will NOT AFFECT our WAY of LIFE!
We Say "NO THANKS" and there is "NO REASON to DO THIS" !!!
PLEASE FORWARD THIS WITH A NOTE TO THE CARMEL CITY COUNCIL AND
MAYOR ASKING THAT WE KEEP OUR HOMES. WWW.CARMEL.IN.GOV
RESIDENTS OPPOSED TO FORCED RE-ZONING
Judy M. Stamper
HealthWorks
Ph 317-818-0096
fx 317-848-2011
Page 3 of 3
9/16/2008
Conn, Angelina V
From: Jamie Browning [JBrowning@browninginv.com]
Sent: Saturday, September 13, 2008 12:27 PM
To: Conn, Angelina V
Cc: 'Kilmer, Roger A.'; 'Hardin, Steven D.'
Subject: FW: Purchase Offer
Angie, could you put this email string in the Meridian Heights file. I wanted to be sure
that the DCS was aware that Browning attempted to meet with the neighbors who wanted to
remain in the development. This was a request in the Staff report
James W. Browning
Vice President-Real Estate Development
6100 W. 96th Street
Indianapolis, IN 46278
317-344-7328
-----Original Message-----
From: Jamie Browning -
Sent: Tuesday, July 29, 2008 10:26 AM
To: 'HealthWOrks'
Subject: RE: Purchase Offer
Perhaps it would make the most sense to meet with you and Howard as the HOA reps. Mr.
Spicklemire, Mr. Palmer and Ms. Duncan have declined our offer and may want to attend as
interested parties.-I have never been able to communicate with Mr. Hamilton, who also may
have an interest.
James W. Browning
Vice President-Real Estate Development
6100 W. 96th Street
Indianapolis, IN 46278
317-344-7328
-----Original Message----.-
From: Healthworks [mailto:healthworks@indy.rr.com]
Sent: Monday, July 28, 2008 4:48 PM
To: Jamie Browning
Subject: RE: Purchase Offer
My apologies. I did not take the wording literally. You will have to provide a list of
owners as I only have first-hand knowledge of a few that are making plans to move. And I
do not know for certain all of the owners that are not willing to sell. Only a few do I
know and I will not presume to know other's business. Send me a list and I will do what I
can to facilitate a meeting.
Judy M. Stamper -
Healthworks
Ph 317-818-0096
fx 317-848-2011
En Lak Esh -
ancient Mayan: You are the other me"
Click image to enlarge, see prices, then order.
-----Original Message-----
From: Jamie Browning [mailto:JBrowningC~b rowninginv.com]
Sent: Monday, July 28, 2008 2:57 PM
To: 'he althworks@indy.rr.com'
Subject: Re: Purchase Offer
1
I believe I said to invite those who will abut our development if our re zoning petition
is accepted. In other words, those who do not want to sell.
The idea is to try and work through any conflicting issues in anticipation of a public
hearing. The Planning Department encourages this type of
dialogue to try avoid elongating a public hearing with issues which could
be agreed upon by the parties beforehand. I did not see any reason to involve those who
intend to move.
----- Original Message -----
From: HealthWOrks <healthworks@indy.rr.com>
To: Jamie Browning
Sent: Mon Jul 28 14:37:07 2008
Subject: RE: Purchase Offer
Jamie, I am confused. Your email on the 21st
nice space for Aug. 7th at 6pm.
Is this now a separate meeting and canyou tell
specifically?
asked for all homeowners and I reserved a
me who you want to attend more
Thanks, Judy
Judy M. Stamper
Healthworks
Ph 317-818-0096
fx 317-848-2011
En Lak Esh -
ancient Mayan: " You are the other me"
<http://www.carryabigsticker.com/coexist.htm>
From: Jamie Browning [mailto:JBrowning@browninginv.com]
Sent: Monday, July 28, 2008 8:12 AM
To: 'HealthWOrks'
Subject: RE: Purchase Offer
I want to be sure that this meeting is specific to those homeowners on or near Lynn Drive
who chooses to decline offer to purchase the home. I would like to discuss our development
plan and access to those remaining home sites.
James W. Browning
Vice President-Real Estate Development
6100 W. 96th Street
Indianapolis, IN 46278
317-344-7328
From: HealthWOrks [mailto:healthworks@indy.rr.com]
Sent: Saturday, July 26, 2008 12:21 PM
To: Jamie Browning
Subject: RE: Purchase Offer
Jamie, I just got back from a trip and think I have the meeting narrowed down so we can
contact homeowners on monday~with the location.
Will let you know.
Save the date, August 7, thursday 6pm
thanks
Judy M. Stamper
HealthWOrks
Ph 317-818-0096
2
fx 317-848-2011
En Lak Esh -
ancient Mayan: " You are the other me"
<http://www.carryabigsticker.com/coexist.htm>
From: Jamie Browning [mailto:JBrowning~browninginv.com]
Sent: Monday, July 21, 2008 10:13 AM
To: 'HealthWOrks'
Subject: Purchase Offer
I received a market analysis of your home from Beverly Fast-Sinclair. Are you interested
in receiving a formal agreement from us, or were you simply trying to understand where the
value would end up?
James W. Browning
Vice President-Real Estate Development
6100 W. 96th Street
Indianapolis, IN 46278
317-344-7328
3
Message
Conn, Angelina V
From: Jamie Browning [JBrowningQbrowninginv.com]
Sent: Saturday, September 13, 2008 12:14 PM
To: Brewer, Scott I; Conn, Angelina V; 'Kilmer, Roger A.'
Cc: Hollibaugh, Mike P; Holmes, Christine B; 'Hardin, Steven D.'
Subject: RE: meridian heights rezone, tree preservation
Scott, you are correct there is confusion between the 2 projects.
Page 1 of 3
I would propose that we agree to your request to preserve the buffer as provided for in the ordinance. I would like to also
propose that I provide you with a tree inventory including the interior trees as part of my Development Plan approval
rather than the ADLS plan. I would like to agree on the tree preservation plan at that time rather than now. This is simply
because I do not have any factual information such as an inventory at this juncture, so I really can not give an educated
answer.
Please let me know if this is acceptable
James W. Browning
Vice President-Real Estate Development
6t00 W. 96th Street
Indianapolis, IN 46278
317-344-7328
From: Brewer, Scott I [mailto:SBrewer@carmel.in.gov]
Sent: Friday, September 12, 2008 3:10 PM
To: Conn, Angelina V; Kilmer, Roger A.
Cc: Hollibaugh, Mike P; Holmes, Christine B; Jamie Browning; Hardin, Steven D.
Subject: RE: meridian heights rezone, tree preservation
Dear Roger:
I think we are talking about two very different issues here, albeit at adjacent properties and both concerning trees. Jamie
Browning and I did have a conversation recently after a Plan Commission meeting concerning tree removal on his current
project on Meridian and Main and the bufferyard being provided by St Christopher's Church. I believe that Jamie had
been within his legal rights on his project, the problem was that the engineering firm working for the Church was still
showing woods (that were no longer there) as a bufferyard on land that was not now in their control.
My point with the rezone of the Meridian Heights Subdivision is that your client should be aware of the request of a tree
inventory upfront so that everyone is prepared. There is no other way that I know to truly value the resource for your
client or for the City (and it's citizens) than to do a tree inventory. This will tell everyone what is there, what is worth
preserving or mitigating, and what is not. It will also give the engineers a good idea of amount of pervious surface area
that will have to be figured for storm water drainage and water quality BMPs.
With a residential subdivision zoning there is an ordinance in place to cover open space and woodland preservation, but
in a switch to a business zoning or PUD there is currently no safeguards to protect these resources. When a rezone of
this size is submitted, the trees must be looked at before hand to find the value and protect the resource. I apologize if it
appeared like I was changing my position.
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
9/15/2008
Page 1 of 1
Conn, Angelina V
From: Conn, Angelina V
Sent: Friday, September 12, 2008 1:56 PM
To: 'Jamie Browning'; 'Hardin, Steven D.'
Cc: 'Kilmer, Roger A.'; Hollibaugh, Mike P; Brewer, Scott I; Holmes, Christine B
Subject: meridian heights rezone, tree preservation
To all
The City Forester strongly suggests that there should be a tree inventory to show what trees will be lost, preserved, and
mitigated if your rezone request is approved. We must realize that these mature trees are an amenity to the future
proposed development, as well as the City as a whole. When you compare the site as it is today to what it will become,
we will be losing a lot of trees and pervious surface. Scott suggests that tree preservation should be at least 50% of the
total number of trees existing on site today and preserving 70% of the trees that are 9-inches DBH or greater within the
required buffer yards.
Please let me know if this can be committed to, as it will be presented to the Commission on Tuesday evening as a
condition of approval.
Thanks, and have a great weekend,
Angie Conn, Planning Administrator
Dept. of Community Services -Planning & Zoning
1 Civic Square, 3rd Floor
City of Carmel, IN 46032
p. 317-5714417 f. 317-571-2426
aconn Qcarmerin.gov
9/12/2008
Message
Conn, Angelina V
Page 1 of 1
From: Kilmer, Roger A. [Roger.KilmerC~bakerd.com]
Sent: Tuesday, August 19, 2008 4:32 PM
To: Conn, Angelina V
Cc: Hardin, Steven D.
Subject: North Meridian Heights -Consent Map
Attachments: Consent Map.pdf
Angie,
Attached is a map of the lots within the North Meridian Heights Subdivision. The lots highlighted in
yellow are within the Subdivision and have provided consent to Browning Associates, LLC for the
rezoning. The area outlined and cross-hatched in orange is additional property outside of the
Subdivision which is owned by the Bryant family who has also provided consent to Browning to be
included in the rezoning. For those lots not in yellow or orange, Browning is still negotiating with
those owners.
We will be filing an amended legal description to incorporate the Bryant property into the rezoning
application. With this amended legal description, we recognize that we will need to re-notice and re-
publish the Legal Notice. Our intent at tonight's public hearing is to have the public testimony remain
open and ask the Plan Commission to refer the application on to the Special Studies Committee for
review. When the application is returned to the Plan Commission, testimony for the amended legal
description could be heard resulting in the public hearing for the entire area.
Please let me know if you have any questions. Thanks for your help on this matter.
Roger A. Kilmer
Land Use Consultant
T: 317.569.4891 ~ F: 317.569.4800
BAKER & DANIELS LLP
WWW.BAKERDANIELS.COM
600 E. 96TH STREET, SUITE 600 ~ INDIANAPOLIS, IN 46240
ATTENTION:
To ensure compliance with applicable Internal Revenue Service Regulations,
we inform you that any tax advice contained in this electronic message was
not intended or written to be used, and cannot be used, for the purpose of
avoiding penalties under the Internal Revenue Code.
This message and all its attachments are PRIVATE and may contain
information that is CONFIDENTIAL and PRIVILEGED.
If you received this message in error, please notify the sender by reply
e-mail and delete the message immediately.
8/ 19/2008
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Message
Conn, Angelina V
From: Kilmer, Roger A. [Roger.Kilmer@bakerd.com]
Sent: Wednesday, July 09, 2008 3:24 PM
To: Conn, Angelina V
Subject: RE: Docket No. Assignment: (Z) North Meridian Heights Rezone (#08060017 Z)
Page 1 of 3
Attachments: North Meridian Heights Adjoiner List.PDF; Rezoning Application Packet.PDF; North Meridian Heights -
Section 1 -Recorded Plat.pdf; North Meridian Heights -Section 2 -Recorded Plat.pdf; TAC Cover
Letter.pdf
Angie,
Attached are the following documents in response to your DOCS review comments below:
1. PDF of the rezoning application and all filed supporting documents.
2. PDF of the existing plats (Sections 1 & 2) of North Meridian Heights.
3. PDF of the list of adjacent land owners to be notified of the public hearing.
4. PDF of the TAC cover letter.
Conceptual site plans are being developed and will be provided as soon as available. We may have
additional information to present at the TAC meeting on July 16, 2008. Thank you for your assistance
with this matter.
Roger A. Kilmer
Land Use Consultant
T: 317.569.4891 ~ F: 317.569.4800
BAKER & DANIELS LLP
WWW,_BAKERDANI ELS.COM.
600 E. 96TH STREET, SUITE 600 ~ INDIANAPOLIS, IN 46240
-----Original Message-----
From: Conn, Angelina V [mailto:Aconn@carmel.in.gov]
Sent: Monday, June 30, 2008 3:26 PM
To: Stewart, Lisa M; Kilmer, Roger A.; Hardin, Steven D.; Scimia, Joseph M.
Cc: Coy, Sue E; Hollibaugh, Mike P; Keeling, Adrienne M; Brewer, Scott I; Hancock, Ramona B; Brennan, Kevin S;
Littlejohn, David W; DeVore, Laura B; Lillard, Sarah N; Holmes, Christine B; jmolitor@prodigy.net; Boone, Rachel
M.; Tingley, Connie S; Duncan, Gary R; Redden, Nick; Weddington, Trudy A.; John Molitor
Subject: Docket No. Assignment: (Z) North Meridian Heights Rezone (#08060017 Z)
I have issued the necessary Docket Number for (Z) North Meridian Heights Rezone. It will be the following:
Docket No. 08060017 Z: North Meridian Heights Rezone
The applicant seeks approval to rezone approximately 21.9 acres from the S-2/Residence to B-6/Business zoning
classification,
within the US 31 Overlay. The site is located at 131 s~ St. and Catherine Dr, east of US 31.
Filed by Steve Hardin of Baker & Daniels, LLC for Browning Associates, LLC.
Rezone A lication Fee: $ 825.00
$114.50 er acre x 21.9: $2,507.55
Total Fee: $3 332.55
Petitioner, please note the following:
7/9/2008
BAKER~~DANlELS
EST 1863
ROGER A NILMER
Lantl Use Consultant
Direr[ 317.669.4691
roger.kilmer®ba kerd.com
June 20. 2008
i
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~~~ ~ _~~:
Re: Rezoning of North Meridian Heights Residential Subdivision
North side of 131st Street, east ofU.S. 31
Dear Member of the Carmel Technical Advisory Committee:
BAKER & DANIELS LLP
600 East 96th Street, Suite 600
Indianapolis. Intliana 4640
Tel 317.669.9600 Fax 317.669.4800
www. bakertlan iels.com
Enclosed is a copy of the Rezoning Application with related information filed on
behalf of Browning Associates, LLC, for the rezoning of the residential development North
Meridian Heights Subdivision (Sections I and 2. The request is to rezone the property from
S-2/[JS 31 Overlay to the B-6/IJS 31 Overlay classification. This project is tentatively scheduled
for your review at the July 16, 2008 Carmel TAC Meeting.
If you have any questions regarding the proposed project or require additional
information, please contact me directly at (317) 569-4891.
Sincerely,
~CLI+c1L ~ , ~I UAt$---
Roger A. Kilmer
Enclosures
BDDBOI 5306312v1