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PETITION TO CHANGE THE OFFICIAL ZONING MAP
INCORPORATED BY REFERENCE INTO THE CARMEL /CLAY ZONING
ORDINANCE
6
O Q ED ti
(REZONE APPLICATION)
$500 plus $25.00 per acre 19 t Date: February 18, 1999 i FEB
Docket No:
Name of Owners: Lenna Ransburg and John T. and Edith L. Kirk, husband and wife
Address of Owners: Lenna Ransburg John T. and Edith L. Kirk
616 Ransburg Drive South 12345 Old Meridian Street
Carmel, IN 46032 Carmel, IN 46032
Record of Ownership: Ransburg: Instrument No. 9404957 Purchase Date: 12/31/93
Kirk: Instrument No. 9620311 Purchase Date: 5/13/96
Legal Description: Lot 13 in R.A. Franke's Subdivision in Hamilton County, Indiana as per
the plat thereof, recorded in Deed Book 128, page 197, in the Office of the
Recorder of Hamilton County, Indiana.
ALSO
The South half of the Southeast Quarter of section twenty -six (26)
Township eighteen (18) North, Range three (3) East.
Common Address of Property Involved (or General Description in no Address Exists):
Approximately 23 acres of real estate located southeast of and adjacent to Old Meridian Street,
and north of West Carmel Drive. The property involved is almost directly across Old Meridian
Street from the Meijers Store, north of Arbors of Carmel Apartments and west of Twin Lakes
Apartments.
Proposed Zoning Change: From an R -3 District and R -1 District to a Planned Unit
Development District, for the property shown outlined in red on the map attached hereto, which
is made a part of this petition.
Statement of compliance with the Camel /Clay Comprehensive Plan:
The requested rezoning to a Planned Unit Development District will permit the construction of a
mixed use project consisting primarily of upscale multi- family residences, incorporating
"traditional neighborhood" design concepts. Some retail uses along with associated amenities
will also be included. This mixed -use community is consistent with surrounding uses and the
Carmel /Clay Comprehensive Plan.
AFFIDAVIT
I, being duly sworn, depose and say that I am the owner of Fifty Percent (50 or more of the
property involved in this application and that the foregoing signatures, statements, and answers
herein contained and the information herewith submitted are in all respects true and correct to the
best of my knowledge and belief.
Name: Lenna Ransburg 4
Address: 616 Ransburg Drive South
Carmel, IN 46032
The applicant, correspondent, or agent (if different from owner or owners)
Bradley B. Chambers, President
Name: Buckingham Properties, Inc.
Address: 333 N. Pennsylvania Street
10"' Floor
Indianapolis, IN 46204
Telephone: (317) 974 -1234
STATE OF INDIANA
SS:
COUNTY OF
Before me the undersigned, a Notary Public, in and for the said County and State,
personally appeared Lenna Ransburg and acknowledged the execution of the foregoing
instrument this /r 'day of February, 1999.
4 Signature
rn SPiaJy
Printed Notary Public
Yi
My Commission Expires: County of Residence:
4 2, 2000 14,2
STATE OF INDIANA
SS:
COUNTY OF ea,u- ?1
Before me the undersigned, a Notary Public, in and for the said County and State,
personally appeared Bradley B. Chambers, the President of Buckingham Properties, Inc., an
Indiana corporation, and acknowledged the execution of the foregoing instrument this /1 day
of February, 1999.
Signature
illf(c-4 speetiK
Printed Notary Publi
a r
My Commission Expires: County of Residence:
ktra (2 2
440090.1
1
AMENDMENT TO
PETITION TO CHANGE THE OFFICIAL ZONING AP ca(i) s\O
INCORPORATED BY REFERENCE INTO THE CARMEL /CI;AY ZONINGc
ORDINANCE D
(REZONE APPLICATION)
Date: March 19, 1999
Docket No:
The Petition to Change the Official Zoning Map Incorporated by Reference into the
Carmel/Clay Zoning Ordinance is hereby amended to add 5.4 additional acres of real
estate as follows:
Name of Owner of Additional Real Estate: John T. Kirk, individually
Address of Owner of Additional Property: John T. Kirk
12345 Old Meridian Street
Carmel, IN 46032
Record of Ownership Of Additional Property: Deed Book 327, Page 859
Purchase Date:
Legal Description of Additional Property: A part of the West Half of the Southeast
Quarter of Section 26, Township 18 North, Range 3 East, described as follows:
All the part lying East of the Center line of U.S. State Road 31 more particularly described as
follows: Begin at a stone marked X at the Southeast corner of the West Half of the Southeast
corner of Section 26, Township 18 North, Range 3 East; thence North on the East line of said
West Half 816.7 feet to the center of U.S. State Road 31; thence on center of said road 1016.6
feet to the intersection of the South line of said Southeast Quarter; thence East on said South line
589.5 feet to the place of beginning.
General Description of Property: Approximately 5.4 acres of real estate located southeast of
and adjacent to Old Meridian Street. The additional property is a triangular shaped parcel
located west of and adjacent to the original property described in the original Petition.
Proposed Zoning Change for Additional Property: From a B -1 District to a Planned Unit
Development District.
The original Petition was signed by Lenna Ransburg, who still constitutes the owner of Fifty
Percent (50 or more of the property involved with this application, as amended.
I, being duly sworn, depose and say that the forgoing statements and answers herein contained
and the information herewith submitted are in all respects true and correct to the best of my
knowledge and belief.
Michael R. Speedy, a ir 'zed l nt
Buckingham Properties, Inc.
333 N. Pennsylvania Street
10 Floor
Indianapolis, IN 46204
(317) 974 -1234
STATE OF INDIANA
SS:
COUNTY OF m( r ok.
Before me the undersigned, a Notary Public, in and for the said County and State,
personally appeared Michael R. Speedy, and acknowledged the execution of the foregoing
instrument this ci day of March, 1999.
Signature
s Th .^e L. lax ..,us0'c■
Printed Notary Public
My Commission Expires: County of Residence:
440090.1
0 -25 9. 05:46PM FROM BUCKINGHAM TO 95735385 P007 /009
e
4 V o
PETITION TO VACATE PART OF
P A P1..AT
DO JD
Date: u
Docket No:
Name of Ow iers: John T. and Edith L. Kirk, husband and wif@
Address of s wners: John T. and Edith L. Kirk
12345 Old Meridian Street
Carmel, IN 46CM
Record of 0 ership: ant No. 9620311 Purchase Date: 5/13/94
Legal Descri Won; Lot 13 in R.A. Franke's Subdivision in Hamilton County, Tndiana as per
the plat thereof, recorded in Deed Book 128, page 197, in the Office of the
Recorder of Hamilton County, Indiana (the "Land
Type of Vac tion: The Owners of the Land request that the Carmel /Clay Plan Commission
vacate the Plat of R.A. Franke's Subdivision, which plat is recorded in
Deed Book 128, page 197, in the Office of the Recorder of Hamilton
County, Indiana, as it pertains to the Land, including all setbacks and
easements created thereby.
Reasons For and Circumstances Prompting the Request: The approximately 2.9 acre Land
which is the •ubject of this Petition is also the subject of a rezoning application which has been
filed with the Carmel/Clay Plan Commission. The requested rezoning is from R -1 to Planned
Unit Developnent District to permit the construction of a mixed -use project consisting primarily
of upscale m lti- family residences, incorporating "traditional neighborhood" design concepts.
Some retail u .es along with associated amenities is also proposed. This mixed -use community is
consistent wi h surrounding uses and the Carmel /Clay Comprehensive Plan. Without the
requested va.ation of the land from the R.A. Franke Subdivision, the 8' utility easement and one
hundred (1001 foot building setback line created by the Plat of R.A. Franke Subdivision would
prevent the d .velopment of the land as contemplated in the rezoning request.
Name and A (dress of Each Owner of Land in the Plat: The name and address of each owner
of land in. the Plat of R.A. Franke's Subdivision is provided on Exhibit A attached hereto an
incorporated lercin by reference.
02 25 99 05:46PM FROM BUCKINGHAM TO 95735385 P008/009
ID 1
AFFIDAVIT
We, being du y sworn, depose and say that we are the owner of One Hundred Percent (100 the
property invo ved in this application and that the foregoing signatures, statements, and answers
herein contai ed and the information herewith submitted are in all respects true and correct to the
best of my owledge and belief.
Naune:
Address: .12345 Old Meridian Street
Carmee 4460332
Name: Edith L Kirk
Address: 12345 0.1d Meridian Street
Cjumel,IN 46032
The applicani. correspondent, or agent (if different from owner or owners)
Wadley 13. Chambers, President
Name: Buckingham Properties, Inc,
Address: 333 N. Pennsylvania Street
li?
dian- polis. IN 46204
Telephone: (3 17 974 -1234
STATE O,F 1 DIANA
SS:
COUNTY 0
Befor me the undersigned, a Notary Public, in and for the said County and State,
personally ap:leared John T. Kirk and Edith L. I irk, husband and wife, and acknowledged the
execution of he foregoing instrument this day of 1999.
Oar"
Sig ..tune INDA L WARNER
m e
PUBLIC STATE OF INDIANA
HAMILTON COUN'ry
MY COMMISSION EXP. APR. 1, r Q p
Printed Notary Publi
My Commis: ion Expires: County of Residence:
EXHIBIT A
LIST OF NAMES AND ADDRESSES OF OWNERS
OF LOTS IN PLAT
Name Address Lot
Robert S. and Mary K. Price 5 Forest Bay Lane Part of Lot 1
Cicero, IN 46034
Estridge Investment Co., LLP 1041 W. Main Street Part of Lot 1
Carmel, IN 46032
Adept Corporation 1211 N. Westshore Boulevard Part of Lot 1,
#204 Lot 2, Part of
Tampa, FL 33607 Lot 3, Part of
Lot 4, Part of
Lot 5
Dieter Puska 12901 Old Meridian Street Part of Lots
Carmel, IN 46032 3, 4, 5
Flanner Buchanan, Inc. 25 SW Fall Creek Boulevard Lot 6, Lot 7
Indianapolis, IN 46208
Carmel Clay Schools 5201 E. 131st Street Part of Lot 8
Carmel, IN 46033
Harry T. Ford, Jr. 12863 N. Meridian Street Part of Lot 8
Carmel, IN 46032
Robert R. and Shirley S. Matchett 12779 N. Meridian Street Lot 9
Carmel, IN 46032
M F Properties 13405 Cherry Tree Road Lots 10, 11,
Carmel, IN 46033 and 12
John T. and Edith L. Kirk 12345 N. Meridian Street Lot 13
Carmel, IN 46032
Celana Morrow Roth 12780 N. Meridian Street Lot 14
Carmel, IN 46032
James A. Jr. and Suzanne M. 12774 Old Meridian Street Lot 15
Canull Carmel, IN 46032
452158.1
Comments regarding the revised Providence at Old Meridian Ordinance (Draft #2):
1. Page 4: The definition of Design Vocabulary states that architectural style,
materials /colors, landscape and streetscape trees will be those shown on the
Commercial/Retail Design Guidelines prepared by Looney Ricks Kiss. Although
some text is included within this document, it primarily relies on the pictures to
convey the message. This makes the design vocabulary hard to enforce and very
subjective and vague.
Another problem is that if these are the standards used then the proposed
site plan does not match the stated guidelines. The guidelines show street front
retail while the plan does not. It also displays that parking should be to the rear of
buildings, while it is to the front of some buildings. The retail /commercial area
along Old Meridian does not follow these standards.
2. Page 8: The recreational space definition states that recreational facilities may
constitute open space. These facilities are not in line with other definitions of
recreational space used and are private facilities. They do not provide any public
"green" area which is usually the goal of Open Space.
3. Page 11: (Sections 4.3.2, 4.3.3., 4.3.4) The word "material" added may prohibit
the opposition by the Plan Commission of modifications for visual or aesthetic
reasons, which may not have a "materially" adverse impact.
4. Page 12: Use (n) which is a business /commercial school does not seem
appropriate for this area where small eclectic businesses are desired. Page 14:
Use (cccc) which is a school seems inappropriate for the same reason.
5. Page 15: (Section 6.1) This sentence does not express a complete thought.
6. Page 15: (Section 6.1.3) Shouldn't all lighting have a maximum illumination at
the property line?
7. Page 18: (Section 9.4) Does this statement leave it up to individual property
owners whether the street will be private?
8. Page 18: (Section 10.1) The of Open Space is still not included. If this is not
in the approved Ordinance, then it could later be filled in as only 1 -2
9. Page 18: (Section 11.1) The last sentence of this section also does not have the
filled in and the word "Lot" beginning this sentence should be "Not
10. Page 21: (Section 13.9) This provision only gives the City 12 months to build
the proposed road to the north of the development and south of Odom Woods.
This does not seem like ample time considering the Task Force is still in the
meeting stage.
11. Page 22: (Section 14.2) The last sentence of this section is striked although it is
in line with the Old Meridian Task Force recommendations, as I understand them.
12. Page 23: (Section 14.7) This section references the "Design Vocabulary" which
is vague and subjective as mentioned before.
13. Page 24: (Section 16) This section references the "Design Vocabulary" which is
vague and subjective as mentioned before.
14. Page 33: (Section 19.1.1) This section does not have the date of the plan
included. Although currently the plan is in preliminary stages, it is important that
this be filled in and that the Commission approve such plan.
15. Page 34: (Section 19.1.4) This section states that if the Meijer's property
develops with retail or commercial buildings which front Old Meridian than part
of the Primary Area, for which a Final Development Plan has not been submitted,
will also be redesigned to front Old Meridian. This seems like a "we won't do it
unless they do it" attitude and seems somewhat confusing.
16. Page 34: (Section 19.2.1) The last sentence of this paragraph still contains the
statement that no secondary review will be conducted. The Ordinance later goes
into the Preliminary and Final Development Plan Process. The before mentioned
statement seems to conflict with the latter.
17. Page 37: (Section 19.2.3) The second to the last sentence of this section reads
"and all other applicable ordinances, statues, and regulations... In this case, I
believe the word "statues" should read "statutes