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HomeMy WebLinkAboutPublic NoticeNOTICE OF PUBLIC HEARING BEFORE THE CARMEL PLAN COMMISSION Docket Nos. 10020013 DP Amend/ADLS Amend 1 10020014ZW i Notice is hereby given that the Carmel Plan i Commission meeting on April 20, 2010 at 6:00 p.m. in the City {call Council Chambers: 1 Civic 1 Square, Carmel, Indiana 46032, will hold a Public Hearing upon a Develop- ment Plan Amend /ADIS Amend and 'a Zoning Waiver in order to expand an existing building. The applications are identified as follows: Docket No.10020013 DP 1 Amend /ADLS Amend: Hamilton Crossing West, 1 BIdg.5-ITTBuildingExpan- sion Docket No.10020014 ZW: Chapter 23B.08.03.A.1: Building Height and No. of Floors The real estate affected by said applications is le- I ally described in Exhibit= 7.:A= attached- hefeto. The petitions and -plans may be viewed at the City of Carmel Department of Community Services, One Civic Square Carmel, In- i.diana, 46032. All inter ested persons'desiring to present their views on the above applications, either in writing or ver- bally, will be given an op- portunity to be heard at the above mentioned time and place, or may file written comments with the Department •of:i Community Services prior to the hearing. The hearing may be contin ued from time to time as 1 may be found necessary. Paul G. Reis; Attorney for ITT Educational Services, 1 Inc. Krieg DeVault LLP, ,12800. North Meridian Street Suite 300 Carmel, IN 460`32,(317)238 -6293. EXHIBIT A A part of the Southwest Quarter of Section 26, Township 18 North, Range 3 East, Clay Town- ship, Hamilton County, In- 1 diana, more particularly, t described as follows: PUBLISHER'S AFFIDAVIT State of Indiana SS: 4 MARION County RECEIVED APR 1 6 2010 Personally appeared before me, a notary public in and for said county and state, DOCS the undersigned Kerry Dodson who, being duly sworn, says that SHE is clerk of the INDIANAPOLIS NEWSPAPERS a DAILY STAR newspaper of general circulation printed and published in the English language in the city of INDIANAPOLIS in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly published in said paper for 1 time(s), between the dates of: 03/26/2010 and 03/26/2010 Subscribed and sworn to before me on My commission expires: Clerk Title 0 /2010 A i�'�_ '1�Iy �`rl'�6llli►.ir NOTARY PUBLIC Notary Pub SEAL STATE OF iNUMANA MY COMMISSION 'F_XPiRES February 28, 2016 Commencing at the northwest corner of said Southwest Quarter said corner being 2666.19 feet, South 88 degrees 42 min- utes 47 seconds West of a 1/2" rebar found at the northeast corner of said Southwest Quarter; thence North 88 degrees 42 minutes 47 seconds East along the north line. of said Southwest Quar ',ter, 1074.52 feet; thence I 'South 01 degrees-17 min ..utes 13. seconds East 75.00 feet to the POINT OF BEGINNING of this de- scription; the, following three (3) -calls being on and along the proposed 131st Streetaright -of -way line: 1) thence 'North 88 degrees; 42 minutes 47. seconds'East, 145.13 feet ;2) thence. South .81•de "grees 40'minutes 05 sec -*rinds East,.355.55 feet; 3) thence South 88' degrees !.53 minutes '41 seconds I ',East,.; 140.42 feet to the proposed U.S. Highway 31 right -of -way; the follow- ing five (5) calls being on and along said proposed right -of- way: -1), thence 1 South 15 degrees 59 min- I utes 46 seconds East;, 47.76 feet; '2) thence'. ±•South 03 degrees 16 min- utes 25 seconds East,/ 237.45 feet; 3) thence: South 06 degrees 34 min utes 00 seconds East,.. 257.79 feet;; 4) thence South .18 seco ds 34.94 feet 5) thence southerly, 111.17" feet along an. arc to the right and having a radius of 564.44 feet, subtended by,l I bea bearing of South 0 4de onds East and length of 110.99 feet to a point on the northern line of the Hamilton Crossing Build ing 4 parcel; thence North 90 degrees.00 minutes 00. seconds West, 453.32 feet :along said northern line) to the eastern right -of- way line of Hamilton Crossing.. __...Boulevard; thence along the.eastern and northeastern right- of -way of said Hamilton Crossing Boulevard the following two courses: 1) l North 0O degrees 25.min- utes 34 seconds West, 113.45 feet; 2) northerly and northwesterly, 135.15 .feet-along -pan arc to 'the left having a radius of 1 207.00 feet, subtended by a long chord having a bearing of North 19 de grees 07 minutes 48 sec- onds West and a length of 132.76 feet to. southeast- erly line of the Hamilton Crossing Owner's Associ- ation parcel as recorded in Instrument Number, 200300042396 in the of- fice' of the Recorder of Hamilton County; the rnext two (2) call being along 'the southeastern .boundary of said parcel: 1) North' 22 degrees 20. I minutes 41 seconds East,', I9.97 feet; 2) thence North 43 degrees 27 min- utes 50 seconds East,; 335.56 feet, to the north- eastern line of said Ham ilton Crossing Owner's Association parcel the next seven (7) calls being on and along the north- easterly lines of the Ham- ilton Crossing Owners Association parcels as re- corded. in Instrument Numbers 200300042396 and 20030042395 and the northeasterly boundary of the Building '6 parcel; 1) thence North 46 de- onds 46 eminutes feet, 2) thence northwesterly, 164.16 feet Jong an arc to the left ar,i having a radius of 327.0E.eet, sub- '.nd a l ho ot crd hateving ed by a earmg•O. hoot_ 61 degrees 09 minUe 28; seconds West anc_ a length of .162.44 feet;,. thence North 07 degret 18 minutes 17 seconds' East 1022 feet; 4)thence I North 82 degrees 41 min- utes 30 seconds West, 174.69 feet; 5) thence I South 06 degrees 31 min- utes +26 seconds West, 9.43 feet; 6) thence West- I erly, 13.9 feet along an arc to left.and having subtended f by. -a lon chord having a bearmg of North 89 degrees 47 min- ute ence ,i 08 seconds West degrees and onth of 13.19'feet; 7) f 44 minutes s 1 3 35 'seconds West, 80.02 feet; thence North 01 degrees 17 min- utes 13 seconds West 9.37 feet to the POINT OF BEGINNING, containing 6.168 acres more or less. (S 3/26/10 5627853) April 16, 2010 I<RIEG I :EVAULTM Ramona Hancock, Secretary Carmel Plan Commission One Civic Square, Third Floor Carmel, IN 46032 Dear Ramona: Enclosure KD_2690480_1 DOC Re: Affidavit of Notice and Proof of Publication ITT Educational Services Docket Nos. 10020013DP Amend/ADLS Amend and 10020014 ZW Best Regards, WWW. KRI EGDEVAU LT.COM Paul G. Reis Direct Dial: (317) 238 -6293 E -mail: preis @kdlegal.com I am enclosing our Affidavit of Notice of Public Hearing and Publisher's Affidavit in connection with the above referenced matter. To the extent you need any additional information concerning public notice, please do not hesitate to contact me. 12800 NORTH MERIDIAN STREET, SUITE 300, CARMEL, IN 46032 -5406 T 317.566.1 1 10 F 317.636.1507 Tr 111 MERITAS LAW FIRMS WORLDWIDE I, Paul G. Reis, do hereby certify that: (1) notice of public hearing of the Carmel Plan Commission to consider Docket Numbers 10020013 DP Amend /ADLS Amend and 10020014 ZW, was registered and mailed at least twenty -five (25) days prior to the date of the public hearing to the adjacent property owners listed on Exhibit "A" attached hereto and made a part hereof; and (2) placement of the public notice sign was placed upon the subject property at least twenty -five (25) days prior to the date of the public hearing. STATE OF INDIANA SS: COUNTY OF HAMILTON The undersigned, having been duly sworn, upon oath says that the above information is true and correct as he is informed and believes. April, 2010. My Commission Expires: Resident of KD_2690248_1. DOC PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING CARMEL PLAN COMMISSION Subscribed and sworn to before me, a Notary Public in and for said County and State, this /f0 day of Notary ublic Notary ublic Printed Sig County, Indiana ofk LINDA A. MATTHEWS Marion County My Commission Expires August 1, 2015 RECEIVED APR 162010 Docs 2. Article Number 111 1 11 11111 11 11111 1 111 7160 3901 9845 6550 1428 4. Restricted Delivery? (Extra Fee) 3. Service Type CERTIFIED MAIL 1. Article Addressed to: 16- 09- 26- 00 -00- 016.0 Capital Group Companies, Inc. 3500 Wiseman Blvd San Antonio TX 78251 .4 1 1 1( PS Form 3811;Jarivar9 2005 Yes A. Received (Please Print Clearly) fi f? C. Signature X Domestic.Return Receipt' D. Is delivery address different from item 1? RYES: enter delivery address below: Keference In]ormaiton ITTE -30 Kevin G. Buchheit 8. Date of Delivery Agent Addresse Yes No 2. Article Number 1 11 1 I0I 11 11 1 7160 3901 9845 6550 1411 3. Service Type CERTIFIED MAIL 111 1 4. Restricted Delivery? (Extra Fee) Yes 1. Article Addressed to: 16- 09- 26- 00 -00- 016.001 16- 09- 26- 00 -00- 017.003 16- 09- 26- 00 -00- 017.006 Duke Realty Ltd Ptn P 0 Box 40509 Indianapolis IN 46240 COMPLETE THIS SECTIQr -QN DELIVERY A. Receive C. Signature PS Form 3811,Jarivary' 2005 y j Domestic Return Receipt (Pleas Prin leanly) 4 B. Date of Delivery Agent Address' D. Is delivery address different frdm /ite`m.1? j� Yes If YES, enter delivery' address below: CJ X Reference Information ITTE -30 Kevin G. Buchheit 010? 9 abi 2. Article Number 1 1 01 101 II 1 111 7160 3901 9845'6550 1404 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) 1 IYes 1. Article Addressed to: 16- 09- 26- 00 -00- 016.003 Meridian Hotel Partners LLC 9904 North by Northeast Blvd Fishers IN 46038 111 PS Form'3811, Januaryi2005 kk 1 Domestic Return Receipt I 1 i +.1 t COMPLETE THIS "SECTION ON- DELIVERY B A. Received C. S re by ITTE -30 (Please Print Clearly) Date of Delivery Agent Address, D. delivery address different from item 1? Yes If YES, enter delivery address below: No Reference Information Kevin G. Buchheit 2. Article Number 1 111 11 1111 u 11 Service Type CERTIFIED MAIL 7160 3901 9845 6550 1398 •`testricted Delivery? (Extra Fee) 1 IYes `Article Addressed to: 0;6-09-26-00-00-016.004 Capital Bank Trust Company .3500 Wisman Blvd San Antonio TX 78251 PS For 38 JanuarA2005 1 Domestic Return Receipt COMPLETE THIS SECTION DELIVERY A. Received by (Please Print Clearly) C. Signature X Blew ITTE -30 D. Is delivery address different from ite If YES, enter delivery address below: tteference Information Kevin G. Buchheit B. Date of Delivery h)1Ic Agent Addressee Yes No Article Numoef' 1 1 11 1111 1. Article Addressed to: 11 11 1 3. Service Type CERTIFIED MAIL 11 11 1 7160 3901 9845 6550 1381 4. Restricted Delivery? (Extra Fee) 1Yes 16- 09- 26- 00 -00- 016.211 16- 09- 26- 00 -00- 017.007 16-09-26-00-00-017.008 16- 09- 26- 00 -00- 017.106 Hamilton Crossing Owners Association Inc P 0 Box 40509 Indianapolis IN 46240 i PS Forrn1381 J tt t t 1; anuaryi2005 j t 1 1 i 1 1 Domestic Return Receipt t it 1t 1 1 'COMPLETE. THIS SECTIONFON "DELIVERY A. Received Please riot early) C. Signature X D. Is delivery address di ferent+from item 1? If YES, enter delivery addressgelow: 6. Date of Delivery l 1,Agent n 7 bE Address vesv No 0IQZ Reference 1nformar'ion ",9. ITTE -30 Kevin G. Buchheit i2;. ,krlicie Number 1 i 1 11 1111 1. Article Addressed to: 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) 1 16-09-26-00-00-016.301 :16-,09,26-00-00-016.401 Duke Realty Limited Partnership P 0 Box 40509 Indianapolis IN 46240 iii 1 7160 3901 9845 6550 1374 Yes C. Signature PS Form 3811; January 2005: Domestic Return Receipt COMPLETET SECTION ON A. Received (Please Prin �lea1y) D. Is delivertVaddress different from,Item 1? Yes If YES, enter deli address"below Q 3 iS No ITTE -30 Keterence; information co, Kevin G. Buchheit t B. Date of Delivery Address EXHIBIT A LIST OF ADJACENT PROPERTY OWNERS HAMILTON COUNTY AUDITOR I, DAWN COVERDALE, AUDITOR OF HAMILTON COUNTY, INDIANA, CERTIFY MY OFFICE HAS SEARCHED OUR RECORDS AND BASED ON THAT SEARCH, IT APPEARS THAT THE PROPERTY OWNERS IN EXHIBIT A ATTACHED HERETO ARE THE PROPERTY OWNERS THAT ARE TWO PROPERTIES OR 660' FROM THE REAL ESTATE MARKED AS SUBJECT PROPERTY. THIS DOCUMENT DOES NOT CERTIFY THAT THE ATTACHED LIST OF PROPERTY OWNERS IS ACCURATE OR INCLUDES ALL PROPERTY OWNERS ENTITLED TO NOTICE PURSUANT TO LOCAL ORDINANCE. ANY PERSON SEEKING A MORE ACCURATE SEARCH OF THE REAL ESTATE RECORDS OF THE COUNTY SHOULD SEEK THE OPINION OF A TITLE INSURANCE COMPANY. DAWN COVERDALE, HAMILTON COUNTY AUDITOR DATED: S at,tig e k, Pursuant to the provisions of Indiana Code 5- 14- 3- 3 -(e), no person other than those authorized by the County may reproduce, grant access, deliver, or sell any information obtained from any department or office of the County to any other person, partnership, or corporation. in addition, any person who receives information from the County shall not be permitted to use any mailing lists, addresses, or data bases for the purpose of selling, advertising, or soliciting the purchase of merchandise, goods, services, or to sell, loan, give away, or otherwise deliver the information obtained by the request to any other person. +:::+x+r�a .waxeca...v..�evmiw,:auz�...> �x�a:_a..u.sae:�•vsrzxmarm..,:: ,�.�:..M.a,�.:v,r,_. �rw=aa;,r.,w -..s. smear. n.,. a, xar-:: ..s+.,ehra..•wpm,z�•�.,a%a -..K, aye+ s r. .a.w:P.,•.rrv..a,..•.,twmv Wednesday February 10, 2010 Pogo/ of 1 HAMILTON COUNTY NOTIFICATION LIST PREPARED BY THE HAMILTON COUNTY AUDITORS OFFICE, DIVISION OF TAX MAPPING PLEASE NOTIFY THE FOLL O WING PERSONS 16-09-26-00-00-016.201 ITT Educational Services Inc 13000 Meridian St N Carmel 16-09-26-00-00-016,000 Capital Group Companies Inc 3500 Wiseman Blvd San Antonio TX 16- 09- 26 -00 -00 -016.001 Duke Realty Ltd Ptn P O Box 40509 Indianapolis IN 16 -09- 26 -00 -00- 016.003 Meridian Hotel Partners LLC 9904 North by Northeast Blvd Fishers I N 16-09-26-00-00-016.004 Capital Bank Trust Company 3500 Wlsman Blvd San Antonio TX Subject IN 46032 Neighbor 78251 Neighbor 46240 Neighbor 46038 Neighbor 78251 Wednesday, February 10, 2010 Page 1 of 3 RECEIVED GEIVED 4p 16 ?01 DOSS. 16- 09- 26 -00 -00- 016.211 Hamilton Crossing Owners Association Inc P 0 Box 40509 Indianapolis IN 16 -09- 26.00 -00 016.301 Duke Realty Limited Partnership P 0 Box 40509 Indianapolis IN 16 -09- 26 -00 -00- 016.401 Duke Realty Limited Partnership P 0 Box 40509 Indianapolis IN 16- 09- 26 -00 -00 -017.003 Duke Realty Ltd Ptn P 0 Box 40509 Indianapolis IN 16 -09- 26 -00 -00- 017.006 Duke Realty Ltd Ptn P 0 Box 40509 Indianapolis IN 16 -09- 26 -00 -00 -017.007 Hamilton Crossing Owners Association Inc P 0 Box 40509 Indianapolis IN Neighbor 46240 Neighbor 46240 Neighbor 46240 Neighbor 46240 Neighbor 46240 Neighbor 46240 Wednesday, February 10, 2010 Page 2 of 3 16-09- 26- 00 -00. 017.008 Hamilton Crossing Owners Association Inc P O Box 40509 Indianapolis IN 16 -09- 26-00 -00 017.106 Hamilton Crossing Owners Association Inc P O Box 40509 Indianapolis IN 16- 09- 26 -00 -00- 017.206 ITT Educational Services Inc 13000 Meridian St N Carmel Neighbor 46240 Neighbor 46240 Neighbor IN 46032 Wed February 10, 2010 Page 3 of 3