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HomeMy WebLinkAboutApplication 5-20-11Applicant: Attorney: Planning /Design Consultant: Engineer /Surveyor: Traffic Consultant: APPLICATION CONTACT INFORMATION Silvara Real Estate Company, LLC Otto N. Frenzel IV 56 North Main Street, Zionsville, IN 46077 telephone. (317) 733 -3411 Republic Development LLC Rick Arnos, President Larry Moon, Executive Vice President Doug Wagner, Director Residential Development 13578 East 131st Street, Suite 200 Fishers, Indiana 46037 telephone. (317) 770 -1818 fax. (317) 770 -1819 Baker Daniels, LLP Steven D. Hardin, Esq. Jesse M. Pohlman, Land Use Consultant 600 East 96 Street, Suite 600, Indianapolis, IN 46240 telephone. (317) 569 -9600 fax. (317) 569 -4800 Design Studios West, Inc. Donald Brandes, Jr., ASLA, RLA Mark Nemger, AICP, RLA, LEED AP 1475 Lawrence Street, Suite 100, Denver, CO 80202 telephone. (303) 623 -3465 fax. (303) 623 -3758 Stoeppelwerth Associates, Inc. Curtis Huff, PLS Dennis Olmstead, PLS 7965 East 106 Street, Fishers, IN 46038 telephone. (317) 570 -3403 fax. (317) 849 -5942 A F Engineering Co., LLC Steven Fehribach, P.E. 8365 Keystone Crossing, Suite 201, Indianapolis, IN 46240 telephone. (317) 202 -0864 fax. (317) 202 -0908 alea 06/15/1992 Z66T /ST /90 L86T /8Z /L0 12/18/1984 ti861/81/ZL 12/18/1984 12/18/1984 12/18/1984 12/18/1984 07/07/1997 866T /OT /Z0 TOOZ /TE /SO Z96T /8Z /ZT T96T/ZL /S0 05/12/1961 05/31/2001 0862 /ZT /Z0 T96T/LZ /Z0 LS61/E0/90 06/04/1968 12/17/1993 02/10/1994 6002/EZ/60 6002/EZ/60 Deed Instrument 8ILZZ Z6 92 -22718 87 -27886 D.B. 346, PG. 520 D.B. 346, PG. 520 D.B. 346, PG. 520 D.B. 346, PG. 520 D.B. 346, PG. 520 D.B. 346, PG. 520 ti6ZLZ L6 98 -6365 through 98 -6384 2001 -31575 D.B. 178, PG. 120 D.B. 168, PG. 448 D.B. 168, PG. 448 1LSTE D.B. 319, PG. 50 D.B. 167, PG. 570 D.B. 151, PG. 576 ESZ 'Dd 'OZZ '9'0 93 -62634 94 -07077 80995 600Z 2009 -56608 Owner of Record Billy Creek Associates, LLC Billy Creek Associates, LLC Elizabeth Frenzel Casalini Billy Creek Associates, LLC 011 'salelaossd )laaJD A1119 Billy Creek Associates, LLC Billy Creek Associates, LLC Billy Creek Associates, LLC Billy Creek Associates, LLC Billy Creek Associates, LLC Billy Creek Associates, LLC Otto N. Frenzel IV Susan M. Frenzel Eleanor Frenzel Bookwalter JalleMloo8 •3 Jouea13 Eleanor F. Bookwalter Billy Creek Associates, LLC Eleanor Frenzel Bookwalter Eleanor Frenzel Bookwalter JalIeMro9 Iazuaa3 aoueal3 JalIeMro9 Iazuaa3 Joueal3 JalleMro9 Iazuaa3 Joueal3 Eleanor Frenzel Bookwalter JalleMloo9 Iazuaa3 Jouea13 Eleanor Frenzel Bookwalter Parcel Number 17 09 34 00 00 019.000 17- 09- 34- 00 -00- 021.000 17- 09- 34- 00 -00- 018.101 17- 09- 34- 00 -00- 018.001 17- 09- 34- 00 -00- 017.000 17- 09- 34- 00 -00- 016.000 17- 09- 34- 00 -00- 003.000 17 09 34 00 00 002.000 17 09 34 00 00 033.000 17 09 34 00 00 032.000 17- 09- 34- 00 -00- 018.000 17- 09- 34- 00 -00- 018.002 17- 09- 34- 00 -00- 004.000 000' S 00 00 00 tiE 60 L Z 17- 09- 34- 00 -00- 005.001 17- 09- 34- 00 -00- 015.000 17- 09- 34- 00 -00- 016.001 17- 09- 34- 00 -00- 014.000 17- 09- 34- 00 -00- 013.000 17- 09- 34- 00 -00- 006.000 17- 09- 34- 00 -00- 008.000 17- 09- 34- 00 -00- 008.001 17- 09- 34- 00 -00- 011.000 17- 09- 34- 00 -00- 010.001 RECORD OF OWNERSHIP INFORMATION (SEE ATTACHED CONSENTS) Silvara Planned Unit Development District Statement of compliance with the Carmel /Clay Comprehensive Plan Silvara embodies the City's planning goals and objectives as set forth in the Carmel Clay Comprehensive Plan (the "C3 Plan The C3 Plan provides that "[a]s the City develops, urbanizes, and redevelops, more and more detailed planning is expected to be necessary. This plan establishes a framework for subsequent, more focused planning efforts." (C3 Plan, p. 6.) Silvara is a unique property in that, at three hundred (300) acres, it is one of the few remaining large properties within the community and functions as an "in -fill" site to the existing, surrounding developments. As a result, an opportunity exists to truly apply the policies and objectives of the C3 Plan and implement a thoughtful, site specific design program that is sensitive to the existing development and that creates a high quality, walkable and pedestrian- scaled development. The C3 Plan provides that "[e]ach development proposal should be reviewed in consideration of all sections of the C3 Plan in addition to site features, context, design standards, and development standards." (C3 Plan, p. 44.) The C3 Plan also sets forth a series of community -wide and district- specific policies and objectives that guide planning decisions. Below please find a summary of how Silvara's site features, context, design standards, and development standards embody the C3 Plan's policies and objectives. Policy 1: Manage Community Form. As described in the C3 Plan: "The purpose of managing form is to achieve a superior quality built and natural environment in which people reside, work, and recreate. Managing community form is the combination of land use planning, transportation planning, urban design, influencing transitions, and place making Managing community form is a departure from purely land use based regulations that encourage segregation and challenge the community's ability to establish essential connectivity. This model is more permissive of mixed -use nodes and requires greater sensitivity to transitions between differing land classifications." (C3 Plan, 17. Policy Objectives: Recognize each planning district's uniqueness. Silvara is a unique 300 -acre property located at a major intersection (116 Street Springmill Road) near US 31 and surrounded by a variety of land uses including major commercial development and a variety of residential developments. The property contains significant natural areas (i.e., the Williams Creek riparian corridor and several mature woodlands). These natural areas provide not only community amenities, but also establish natural and appropriate transitions both internally and externally to Silvara. 2IPage Apply the C3 Plan's content to development proposals. The proposed Silvara PUD District Ordinance adopts architectural, design and development standards that enhance and achieve the policies and objectives of the C3 Plan. Be sensitive to connectivity and transitions between adjacent areas. Connectivity. In addition to a significant internal system of sidewalks, trails and paths, Silvara also is proposed to integrate approximately 6,800 feet of perimeter side paths and an approximately 4,000 foot off street trail that will connect residences to each other, open spaces, daily goods and services as well as enhance the overall connectivity of the existing developments in the surrounding area, including a pedestrian, bicycle and vehicular connection across Williams Creek that connects Clay Center Road to Spring Mill Road. A highlight of this connectivity is Silvara's incorporation of the C3 Plan's east /west off street trail (the "Off- Street Trail that will serve not only as a recreational and fitness opportunity, but also a potential commuting route from Clay Center Road to Spring Mill Road. As shown on the Bicycle and Pedestrian Facility Plan (C3 Plan, p. 75), this nearly 4,000 -foot long trail is anticipated to connect the residences west of Silvara near Ditch Road to the employment and service corridors of US 31 east to Pennsylvania Street. Silvara also will provide an east /west vehicular connection between Clay Center Road and Spring Mill Road via the crossing of Williams Creek. Transitions. As proposed, Silvara integrates multiple design principles for appropriate transitions in height, building orientation, character, land use and density. These principles result in natural occurring transitions that utilize the Williams Creek riparian corridor and compliment the surrounding developments. Strongly promote mixed -use in areas suitable for commercial development. Silvara is located near a highly traveled intersection, along two of the City's major thoroughfares and in close proximity to the US 31 corridor. A crucial, yet basic, component for a sustainable mixed -used neighborhood is that it should include three basic parts: A mix of housing types and densities; Close proximity of daily goods and services; and Open space access by walking (5 minute or 1 /4 mile walk or less). As proposed by the Silvara PUD District Ordinance, Silvara incorporates all of these elements in an appropriate scale and proportion to create a development that is walkable and pedestrian- scaled. Encourage quality landscaping along perimeter roads and larger open spaces. Silvara is proposed to include over ninety (90) acres of open space, waterways and mature woodlands. In addition, quality landscaping will be featured along Silvara's perimeter thoroughfares and will be complimented by the proposed side paths, sidewalks and trails. Silvara 1 Carmel /Clay Comprehensive Plan Policy 2: Be a Leading Edge City. As described in the C3 Plan: The expression "Leading Edge City" is applied to communities that have broad name recognition, notable culture, a positive image, diversity in housing, broad range of employment, business vitality, strong architectural presence and character, sense of place, environmental awareness, effective public transportation, and most importantly a desirable quality of life. (C3 Plan, p. 17.) Policy Objectives: Enhance community quality of life by encouraging high quality gathering places and trails connecting people to these places. The Silvara PUD District Ordinance adopts a vision and standards that will create a high quality built environment for gathering spaces and for trails that connect people to these places throughout the development. Encourage more diversity in housing types to better meet the needs of older residents and appeal to younger and more diverse employees working in Carmel. Although a large portion of Silvara reflects "Indiana's traditional residential form of single family detached homes" (C3 Plan, p. 17), Silvara's proposed design also seeks to offer homes for the empty- nester and active adult residents through the incorporation of both detached and attached housing types, both owner occupied and for lease. The vast majority of Silvara's detached residential areas east of Williams Creek and along Spring Mill Road is planned for empty- nesters. The Village Neighborhood, primarily planned to offer for -lease housing options, is envisioned to include a mix of building types (e.g., apartments, townhouses, cottage homes) that will cater to both young professionals and empty- nesters. Adopt residential architecture standards to ensure compatibility and high quality. The proposed Silvara PUD District Ordinance adopts compatible and high quality design standards for all of the proposed uses to create and support a sustainable mixed -use neighborhood. Enhance a bicycle- and pedestrian- connected community. The proposed Silvara PUD District Ordinance adopts standards that will greatly enhance the bicycle- and pedestrian connectivity of this area of the community by incorporating side paths, sidewalks and the Off Street Trail that connect both internally and externally to Silvara. Strive to enhance means for efficient east /west cross community travel. As proposed, Silvara will provide an east /west vehicular, bike and pedestrian connection across Williams Creek from Clay Center Road to Spring Mill Road, which also includes the incorporation of the Off Street Trail. 31Page Policy 3: Perpetuate Economic Vitality. As described in the C3 Plan: Wage Vitality is defined in many ways, including job growth, quantity of jobs, quality of jobs, proliferation of commerce, entrepreneurship, investment in property, redevelopment, length of commitment, and degree of risk being taken. Carmel has strong economic vitality today, and furthering that trend is of great interest and importance. This section addresses the objectives that Carmel will utilize to perpetuate economic vitality. (C3 Plan, p. 18.) Policy Objectives: Further the "Carmel" brand as a great place to live, work and raise a family and encourage mixed -use developments where appropriate. Silvara is a proposed $250 million mixed -use development that offers a high quality design with a variety of desirable and sustainable uses that will positively enhance the community and serve as an asset to the community for both attracting and retaining quality employers and businesses. Policy 4: Be a City of Neighborhoods. As described in the C3 Plan: Neighborhoods are an essential component of community which helps build and/or reinforce the fabric of a city. Traditionally, neighborhoods were not recognized by each individual development's name as they are now. Rather, neighborhoods were determined by major physical boundaries; included a mix of housing styles; and were within walking distance to neighborhood service centers, schools, and parks which gave neighborhoods identity. This document encourages planning for neighborhoods, in the traditional sense, and also protects these neighborhoods. (C3 Plan, p. 19.) Policy Objectives: Encourage the principles of traditional neighborhood design principals. Silvara is not just another subdivision, but rather a neighborhood that includes a mix of housing styles, amenities and a neighborhood support center. The design and connectivity of the amenities and the Village Center, in conjunction with the diversity and mix of housing, will contribute to a sustainable neighborhood where young professionals, families and empty- nesters can all thrive and socially interact. Conduct planning in greater detail in critical subareas and corridors to better address transitions, connectivity, and development form. Silvara is a unique 300 -acre property located at one of the most important and desirable locations in the City. The PUD process offers a unique opportunity to master plan in great detail this large property and to create a site specific design program that is sensitive to the existing and future development surrounding it. Policy Obiectives: Silvara 1 Carmel /Clay Comprehensive Plan Establish and promote neighborhood identities based on physical boundaries rather than by each development's name Silvara is bound by three thoroughfares (116 Street, Spring Mill Road and Clay Center Road) and includes several riparian corridors and mature woodlands that define the boundaries of Silvara. These boundaries, in conjunction with Silvara's proposed quality and character, will generate a distinct identity for Silvara within the community as something other than "just another subdivision." Encourage informal gathering places and neighborhood support centers as building blocks for neighborhoods so that every trip to the store is not a mandatory drive in a car. Residents should be able to access daily goods and services by walking or bicycling, thereby having the opportunity to conserve energy, improve health, and rotect the environment. The City should embark on a "corner store" initiative to define the best locations and distribution of neighborhood support centers. Silvara incorporates side paths, sidewalks and the Off Street Trail that connect both internally and externally to Silvara. This network connects Silvara residents and the nearby residential areas to the Village Center, thereby creating convenient and easy access to daily goods and services by walking and bicycling. In addition, Silvara will include gathering places throughout the development to create opportunities for social interaction by creating nodes for gathering and interaction. These spaces will be diverse and include various open spaces and pocket parks, as well as the built environment for the Village Center that will enliven the public outdoor spaces. Encourage neighborhood support centers that provide amenities and land uses that enhance quality of life and convenience and that respect nearby residences with quality architecture, landscaping, and appropriate transitions. The C3 Plan provides that neighborhood service nodes are intended to integrate "localized amenities" and "neighborhood- serving commercial" at an intensity not to exceed 80,000 square feet. (C3 Plan, p. 36.) As proposed, Silvara's Village Center will not exceed 80,000 square feet and as illustrated by the proposed Silvara PUD District Ordinance and its related exhibits, the Village Center is proposed as a high quality neighborhood amenity that incorporates all of the appropriate transitional and scaling principles that seamlessly integrates it into the neighborhood. Policy 5: Be an Adaptable City. As described in the C3 Plan: Being an adaptable city is critical in the evolution of a community. Too many communities do not adapt to local, regional, and national influences and suffer from the lack of flexibility. (C3 Plan, p. 19.) 51Page Actively plan and implement a system of branch trails to enhance the Monon Greenway. In addition to a significant internal system of sidewalks, trails and paths, Silvara also is proposed to integrate approximately 6,800 feet of perimeter side paths and the approximately 4,000 foot Off Street Trail that will connect residences to each other, open spaces, daily goods and services as well as enhance the overall connectivity of the existing developments in the surrounding area, including a pedestrian, bicycle and vehicular connection across Williams Creek that connects Clay Center Road to Spring Mill Road. These improvements will enhance and further the City's system of branch trails. Policy 6: Inspire Community Character. As described in the C3 Plan: Wage Periodically review and revise the Land Classification Plan Map to adapt to changes in the built environment, evolutions in community values, changes in community policies, and to respond to critical corridor and subarea plans. Silvara is located on the northwest corner of 116 Street and Spring Mill Road surrounded by existing development. The 116 Street, US 31 and Illinois Street corridors continue to evolve and developments are either existing or proposed on the other corners of the intersection of 116th Street and Spring Mill Road. In this context, Silvara is truly an "in -fill" development and as such, warrants special review and consideration in this context. Silvara presents an opportunity to truly apply the policies and objectives of the C3 Plan and implement a thoughtful, site specific design program that compliments these evolving land use patterns. Continue to recognize, plan, and update critical corridors and subareas. At 300 -acres in size and as in -fill site, Silvara supports a rezoning process to holistically recognize and plan for appropriate architectural and development standards that will enhance and implement the policies and objectives of the C3 Plan. As proposed, the Silvara PUD District Ordinance addresses transitions, connectivity and development by adopting site specific architectural and development standards that enhance and achieve the policies and objectives of the C3 Plan. Community character is a reflection of the qualities and features of a neighborhood, district, or the entire community that distinguish it from other areas. Community character is desired and often helps build local pride, encourages investment, and improves quality of life. (C3 Plan, p. 20.) Policy Objectives: Discourage homogeneous development and corporate brand prototypical architecture. Architectural standards should require unique and appropriate designs fitting Carmel's character goals. As a mixed -use development, Silvara inherently will include an eclectic mix of buildings and uses that will be visually diverse and interesting. In addition, the Silvara 1 Carmel /Clay Comprehensive Plan proposed Silvara PUD District Ordinance adopts architectural and design standards that will be aesthetically appealing and contextually appropriate to fit within the character of the surrounding community. Promote a unique community with unique neighborhoods and subareas. Silvara is not just another subdivision, but rather a unique neighborhood with a foundation based in its natural character. Silvara proposes to preserve and enhance the substantial natural areas on the property, which will dictate the lifestyle and high quality of Silvara. Silvara is not rigidly designed, but rather planned and well- thought out with the natural areas as a focus of the development that will also include a mix of housing styles and other amenities. Together, these elements will result in a unique and vibrant neighborhood. Encourage high quality and well designed landscaping to help beautify the City and promote healthful environments. Silvara is proposed to include over ninety (90) acres of open space, waterways and mature woodlands that will include both improved and unimproved areas. In addition, the proposed Silvara PUD District Ordinance adopts substantial landscaping standards that include street trees, perimeter and buffer yard landscaping and lot and foundation landscaping. Promote the planting and care of canopy trees throughout Carmel. Silvara is proposed to include over ninety (90) acres of open space including waterways and mature woodlands that will include both natural and designed open space areas. In addition, the proposed Silvara PUD District Ordinance adopts substantial landscaping standards that include street trees, perimeter and buffer yard landscaping and lot and foundation landscaping. Enable healthy choices through the use of innovative design and planning Silvara is proposed to integrate side paths, sidewalks and off street trails that will connect residences to each other, open spaces, daily goods and services as well as enhance the overall connectivity of the existing developments. This pedestrian and bicycle network will enable and encourage the healthy choices of both recreation and the use of these trails for utilitarian trips as an alternative to utilizing vehicles for local amenities and services. Reinforce rural character including tree lines, fence rows, barns, pockets of open space, and preservation of wood lots. Silvara is proposed to include over ninety (90) acres of open space including waterways, mature woodlands and tree lines and pocket parks. The design and location of open space will compliment the proposed uses. 71Page Policy 7: Inspire Environmental Awareness. As described in the C3 Plan: 8IPage Being environmentally aware includes understanding the benefits of protecting natural areas, emphasizing use of native plant material into the urban environment, reducing energy consumption, encouraging energy and natural resource conservation, and utilizing "green" building materials to lessen our impact on the environment. C3 Plan, p. 20. Policy Objectives: Strive to protect woodlots, wetlands, and other valuable natural features. These features contribute to the district's rural character, but they also provide habitat for plants, birds, and other animals. Silvara is proposed to include over ninety (90) acres of open space including waterways, mature woodlands and tree lines and pocket parks. The design and location of open space will compliment the proposed uses. Encourage the use of durable materials and construction methods that prolong the life of buildings. The proposed Silvara PUD District Ordinance adopts compatible and high quality design standards for all of the proposed uses to create and support a sustainable neighborhood. Continue to protect regional surface and ground water sources to ensure safe drinking water for Carmel and adjacent municipalities. Silvara includes the William Creek riparian corridor which will be preserved and protected. Additionally, Silvara will meet or exceed all applicable ordinances pertaining to stormwater quality designs and best management practices. Reduce heat island effect by preservation of Carmel's urban forest. Silvara is proposed to include over ninety (90) acres of open space including waterways, mature woodlands and tree lines and pocket parks. The design and location of open space will compliment the proposed uses. Reduce unnecessary removal of trees on lots, encourage preservation of mature trees, and require replacement of trees that have to be removed for development. Silvara is proposed to include over ninety (90) acres of open space including waterways, mature woodlands and tree lines and pocket parks. The design and location of open space will compliment the proposed uses. Promote the movement toward sustainable development and architecture. Encourage land developments and building designs that use or reuse land responsibly by discouraging patterns of sprawl. Silvara is a unique neighborhood with a foundation based in its natural character. Silvara proposes to preserve and enhance the substantial natural areas on the property, which will dictate the lifestyle and high quality of Silvara. Together Silvara 1 Carmel /Clay Comprehensive Plan with the mixed uses that will make Silvara a vibrant neighborhood, these elements will create a sustainable neighborhood that will be an asset to the community. Policy 8: Inspire Healthful Living. As described in the C3 Plan: Inspiring healthful living is a response to the obesity rate in Indiana and the Midwest, and also recognizes increases in cancer rates, lung diseases, heart disease, and stress related disorders. (C3 Plan, p. 21.) Policy Objectives: Strive to provide multiple types of facilities for exercise, opportunities to immerse oneself into nature, sport facilities and leagues, access to recreation programs, access to health education programs, and encouragement to succeed in one's personal health goals. Silvara is proposed to integrate side paths, sidewalks and the Off Street Trail that will not only connect residences to each other, open spaces, daily goods and services, but serve as a recreational and fitness opportunity. This pedestrian and bicycle network will be intertwined with over ninety (90) acres of open space that will include both natural spaces as well as designed recreational spaces. Encourage mixed -use, compact development making it easier for people to walk or ride their bicycles. This will provide a healthy lifestyle by providing the option for exercise in people's daily routines. Silvara is a proposed neighborhood that includes a mix of housing styles as well as amenities that are either integrated into Silvara or are within walking distance to Silvara by the integrated side paths, sidewalks and Off Street Trail. This pedestrian and bicycle network will enable and encourage the healthy choices of both recreation and the use of these trails for utilitarian trips as an alternative to utilizing vehicles for local amenities and services. In summary, Silvara embodies the essence of the C3 Plan. This rezoning request provides an opportunity for a more focused planning effort for this 300 -acre in -fill site. As proposed, Silvara applies the policies and objectives of the C3 Plan and implements a thoughtful, site specific design program that is sensitive to the existing development and that creates a high quality, walkable and pedestrian- scaled development. 91Page The undersigned, Eleanor Frenzel Bookwalter, being the owner of a portion of the property located north of 116 Street, between Spring Mill Road and Clay Center Road, and more particularly described in the attached Exhibit A (the "Real Estate hereby authorizes BAKER DANIELS, LLP and SILVARA REAL ESTATE COMPANY, LLC to file all necessary petitions involving the Real Estate for a change of zoning approval to allow for a mixed -use planned unit development and any other associated plan approval(s) pertaining to the aforementioned property with the City of Carmel, Hamilton County, Indiana and /or any other relevant government entity. Property Owner Signature Property Owner Signature Eleanor Frenzel Bookwalter Property Owner (printed) Property Owner (printed) Owner Property Owner Title 0"1/n 1/ Date Date BAKER DAN TELS OF TARY PUBLIC State of Indiana, County of Ebb SS: Subscribed and Sworn before me this day of( 2011. Printed Name of Notary Public cf-A4 t 6 Qaq.- My Commission Expires PROPERTY OWNER CONSENT FORM Property Owner Title 1 F`• PEGGY PFAU Marion County e� ,:,F1 My Commission Expires January 2017 The undersigned, Billy Creek Associates, LLC, being the owner of a portion of the property located north of 116 Street, between Spring Mill Road and Clay Center Road, and more particularly described in the attached Exhibit A (the "Real Estate hereby authorizes BAKER DANIELS, LLP and SILVARA REAL ESTATE COMPANY, LLC to file all necessary petitions involving the Real Estate for a change of zoning approval to allow for a mixed -use planned unit development and any other associated plan approval(s) pertaining to the aforementioned property with the City of Carmel, Hamilton County, Indiana and /or any other relevant government entity. dazo(- „a77.4(1 Property Owner Signature Billy Creek Associates, LLC by Eleanor F. Bookwalter Property Owner (printed) its Managing Member Property Owner Title o 7 os 1/ Date BAKER DAN TELS PROPERTY OWNER CONSENT FORM SIGN U' OF TARY PUBLIC State of Indiana, County of iC/").2 SS: Subscribed and Sworn before me this ,6 day of 2011. Printed Name of Notary Public My Commission Expires 4cv PEGGY PFAU Marion County My Commission Expires January 15, 2017 The undersigned, Otto N. Frenzel IV and Susan M. Frenzel, being the owner of a portion of the property located north of 116 Street, between Spring Mill Road and Clay Center Road, and more particularly described in the attached Exhibit A (the "Real Estate hereby authorizes BAKER DANIELS, LLP and SILVARA REAL ESTATE COMPANY, LLC to file all necessary petitions involving the Real Estate for a change of zoning approval to allow for a mixed -use planned unit development and any other associated plan approval(s) pertaining to the aforementioned property with the G Carmel, County, Indiana and /or any other relevant government entity. Property Owner Sign re Property Owner Signature Otto N. Frenzel IV BAKER DAN 1ELS Property Owner (printed) Property Owner (printed) Owner Owner Property Owner Title 5 Ir Date 11t, I .1►�i SIGNATU PROPERTY OWNER CONSENT FORM F NOTARY PUBLIC Printed Name of Notary Public E' it k �1 P Susan M. Frenzel Property Owner Title Date State of Indiana, County of SS: Subscribed and Sworn before me this I 1 day of Mc 2011. My Commission Expires au n e D AIY EMILY M DESPOT Notary Pablic• Seal Sim d Mama w Conr+waion Expires Jon 30, 2018 The undersigned, Elizabeth Frenzel Casalini, being the owner of a portion of the property located north of 116 Street, between Spring Mill Road and Clay Center Road, and more particularly described in the attached Exhibit A (the "Real Estate hereby authorizes BAKER DANIELS, LLP and SILVARA REAL ESTATE COMPANY, LLC to file all necessary petitions involving the Real Estate for a change of zoning approval to allow for a mixed -use planned unit development and any other associated plan approval(s) pertaining to the aforementioned property with the City of Carmel, Hamilton County, Indiana and /or any other relevant government entity. Pro Owner Signatu Elizabeth Frenzel Casalini Property Owner (printed) Owner Property Owner Title Date Date SIGNAT BAKER ¼1DAN TELS PROPERTY OWNER CONSENT FORM OF NOTARY PUBLIC Printed Name of Notary Public My Commission Expires 1,,i }7e i Jab Property Owner Signature Property Owner (printed) Property Owner Title State of Indiana, County of othrtes SS: Subscribed and Sworn before me this day of AKCAI, 201 1. Em Es PuT EMILY Y DESPOT tt.rry Punk- Sul Stab of emu. w Commi.t.n Egin. Jun ED. 201$ EXHIBIT A Silvara Zoning Description A part of Section 34, Township 18 North, Range 3 East, of the Second Principle Meridian, Clay Township, Hamilton County, Indiana, being more partieularly described as follows: Beginning at the Southeast corner of the Southeast Quarter of said Section; thence South 89 degrees 37 minutes 51 seconds West along the South line of said Quarter Section a distance of 443.45 feet to the Southwest corner of the East ten (10) acres of the South sixty (60) acres of said Southeast Quarter Seetion; thence North 00 degrees 20 minuses 13 seconds East along the West tine of said East ten (10) aeres a distance of 417.00 feet to a South line of the real estate described Instrument Number 92 -22718 of the Office of the Recorder, Hamilton County, Indiana: thence along the bounds of said real estate by the next four (4) courses; 1) South 89 degrees 37 minutes 50 seconds West 189.22 feet; 2) South 00 degrees 04 minutes 34 seconds West 416.98 feet to the South line of said Southeast Quarter Section; 3) South 89 degrees 37 minutes 50 seconds West along said South line 440.00 feet; 4) North 00 degrees 20 minutes 13 seconds East parallel with the East line of said Southeast Quarter Seetion a distance of 990.97 feet to the South line of the North one hundred (100) acres of said Southeast Quarter Section; thenee South 89 degrees 31 minutes 47 seconds West along said South line 1,589.00 feet to the West line of said Southeast Quarter Section; thence North 00 degrees 27 minutes 00 seconds East along said West line 191.57 feel to the Southeast comer of the real estate described in Instrument Number 97 -27194 in said Recorder's Office; thence along the bounds of said real estate by the next four (4) Bourses; 1) North 89 degrees 51 minutes 49 seconds West 369.72 feet; 2) North 00 degrees 27 minutes 00 seconds East parallel with the East line of Southwest Quarter of said Section a distance of 645.34 feet; 3) South 89 degrees 33 minutes 54 seconds West parallel with the North line of said Southwest Quarter Section a distance of 456.04 feet; 4) North 00 degrees 27 minutes 00 seconds East parallel with the East line of said Southwest Quarter Section a distance of 765.33 feet to the South line of the North two rods (33 feel) off of the North end of the East Half of said Southwest Quarter Seetion; thenee South 89 degrees 33 minutes 54 seconds West along said South line 497.18 feet to the West line of the East Half of said Southwest Quarter Section; thence North 00 degrees 23 minutes 36 seconds East along said West line 33.00 feet to the Southwest corner of the Southeast Quarter of the Northwest Quarter of said Section; thenee North 00 degrees 20 minutes 44 seconds East along said West line of said Quarter Quarter Section a distance of 1,314.57 feet to the Northwest corner of said Quarter Quarter Section; thenee North 89 degrees 33 minutes 14 seconds East along the North line of said Quarter- Quarter Section a distance of 1,323.71 feet to the Northwest corner of the Southwest Quarter of the Northeast Quarter of said Section; thence North 89 degrees 30 minutes 51 seconds East along the North line of said Quarter Quarter Section a distance of 719.16 feet to the Southwest corner of the real estate described in Deed Book 220, Page 253 in said Recorder's Office; thence along the bounds of said real estate by the next two (2) courses; 1) thence North 00 degrees 17 minutes 00 seconds East parallel with the East line of Northwest Quarter of said Northeast Quarter Section a distance of 494.50 feet; 2) North 89 degrees 30 minutes 51 seconds East parallel with the South line of the Northwest Quarter of said Northeast Quarter Section a distance of 607.00 feet to the West line of the Northeast Quarter of said Northeast Quarter Section; thence North 00 degrees 17 minutes 00 seconds East along said West line 721.85 feet to the Southwest confer of the real estate described in Instrument Number 92 -26837 in said Recorder's Office; thence along the bounds of said real estate by the next two (2) courses; 1) North 89 degrees 32 minutes 59 seconds East parallel with the North line of Quarter- Quarter Section a distance of 218.17 feet; 2) North 00 degrees 17 minutes 00 seconds East parallel with the West line of said Quarter Quarter Section a distanee of 100.00 fect to the North line of said Quarter Quarter Section; thenee North 89 degrees 32 minutes 59 seconds East along said North line 381.23 feet to a Northeast corner of the real estate described in Instrument Number 94 -7077 in said Recorder's Office; thence along the bounds of said real estate by the next three (3) courses; 1) South 00 degrees 13 minutes 14 seconds West parallel with the East line of said Quarter Quarter Section a distance of 300.00 feet; 2) North 89 degrees 32 minutes 59 seconds East parallel with the North line of said Quarter Quarter Section a distanee of 439.00 feet; 3) South 00 degrees 13 ininutes 14 seconds West parallel with the East line of said Quarter Quarter Section a distance of 153.49 feet to the Northwest corner of the real estate described in Instrument Nuinber 2009 -56608 in said Recorder's Office; thenee along the bounds of said real estate by the next two (2) courses; 1) thenee North 64 degrees 56 minutes 13 seconds East 111.85 feet; 2) North 83 degrees 45 minutes 53 seconds East 187.03 feet to the East line of said Northeast Quarter Section; thence South 00 degrees 13 ininutes 14 seconds West along said East litre 2,242.97 feet to the Northeast corner of the Southeast Quarter of said Section; thence South 00 degrees 20 minutes 13 seconds West along the East line of said Southeast Quarter Section a distance of 2,631.74 feet to the place of beginning, containing 304.395 acres, more or less, subject to all legal highways, rights -of -ways, easements, and restrictions of record. This description has been prepared for the use in a zoning application and is based upon a preliminary ALTA /ACSM Land Title Survey performed by Stoeppelwerih Associates, Inc., Job Number 60160DSW and dated June 17, 2010. This description should only be used for the purposed it was intended for. JESSE M. POHLMAN Direct 317.569.4836 Fax (317) 237 -8476 jesse.pohlman@bakerd.com May 20, 2011 VIA ELECTRONIC MAIL VIA HAND DELIVERY Re: Carmel TAC Agenda Item I Silvara Planned Unit Development District Dear TAC Member: On behalf of Silvara Real Estate Company, LLC, we filed a rezone application for a mixed -use development to be known as "Silvara Silvara includes approximately 300 -acres located on the northwest corner of 116 Street and Spring Mill Road. Enclosed please find for your review in advance of the June 15 Carmel Technical Advisory Committee meeting the following documents: Hardcopies of these materials are being provided to you if the Department of Community of Services has identified "paper" as your plan submittal preference, so if you did not receive hardcopies of these materials, but wish to, then please do not hesitate to contact me and I will be happy to provide those to you. If you have any questions or comments in advance of the TAC meeting regarding this proposal, then please do not hesitate to contact me or another member of the development team. Otherwise, thank you for your time and we look forward to your comments. Respectfully, sse M. Pohlman Land Use Consultant Enclosures BAKERrhDAN1ELS EST. 1863 BAKER DANIELS LLP 600 East 96th Street, Suite 600 Indianapolis. Indiana 46240 Tel 317.569.9600 Fax 317.569.4800 www.bakerdaniels.com Aerial location exhibit of the property; Development team contact information; and Proposed PUD District Ordinance (includes the proposed development and design standards, conceptual plans and illustrative character exhibits).