HomeMy WebLinkAbout201 Pennsylvania Pkwy ltrJune 6. 2012
Ms. Powell:
One Civic Square
City of Carmel
Dawna Hoesli Powell, RPA, CCIM
Regional Vice President Asset Management Healthcare Trust of America, Inc.
201 N. Pennsylvania Parkway, Suite 201
Indianapolis. IN 46280
Original Via Mail
Via Entail: DawnaPowell @htareit.com
Re: INDOT's off ramp widening project with removal of tree buffer site zoning compliance for Methodist
Medical Plaza North, at 201 N. Pennsylvania Pkwy.
This letter will address your concern about the property becoming noncompliant due to INDOT's road widening
project slated for the off ramp as part of the "Major Moves" project. which includes the removal of the trees/
bufferyard along the southwest side of your parcel.
As Chris Clements of your office explained via email on June 1, 2012, a part of the "Major Moves" project will be
acquiring 0.484 acres of property that is owned by Health Trust of America (HTA) and listed as G &E Healthcare
REIT Medical Portfolio 3, LLC, located at 201 N. Pennsylvania Pkwy.
The attached documents that Chris sent me show that the State has offered to purchase a portion of your property
that, in summary, is a small strip of land that separates the new off ramp from the building and contains a tree line
that serves as natural and visual break.
Several of the attached documents that Chris also sent me show the layout of the project and the land that is
impacted by the acquisition. The area between where the two lines along the south and southwest border that are
labeled ROW and LA ROW, is the area of land being acquired by the state. The width of the land is very small,
approximately 40 feet at its widest point. and it runs from the southeast corner to the southwest border. Once this
acquisition takes place, the tree line will be taken out as part of this project.
Usually, a bufferyard that contains trees and shrubs is required around the perimeter of a property that lies within
the Meridian Street/US Highway 31 Overlay Zone, per Zoning Ordinance Chapter 23B.10.
It looks like after INDOT is done with their project, then your site will become Legally Non Conforming (or
Grandfathered) in regards to the hufferyards along that southwest property line (as it relates to Chapter 28:
Nonconforming Uses Exemptions of the Carmel Zoning Ordinance), and if you are comfortable with that
status, then great! No further action is required. However; if you ever want to be Legally Conforming, for
refinancing or other purposes, then you can seek Board of Zoning Appeals (BZA) variance approval. and our
Dept. would be supportive of that request, of course! We would also send you the route of the BZA Hearing
Officer, which has a shorter timeline and a lesser filing fee ($617.50, instead of $1,177). But, you would still have
Carmel. IN 46032 317 -571 -2417
City of Carmel
to do the regular public notice process with certified mailings. a public notice ad in the paper. and posting a public
notice sign on your property. which can add up to be around $200 after all is said and done.
Also. if it is possible to plant some additional trees elsewhere on site, to help mitigate the effrct of the loss of trees
on the site, then our Department would he very supportive of that. You can work with the City Forester. Daren
Mindham. should you choose to do that. He can be contacted through our office.
Regards.
Ce9i
Angelina Conn. Planning Administrator
0: 317 571 -2417
F: 317- 571 -2426
E: aconn @carmel.in.gov
W: www.carmeldocs.com
CC: File Docket Nos. 06100008 TAC and 69 -93 DP /ADLS
Chris Clements via email: ChrisClements @htarcit.com
One Civic Square
Filename: 201 pennsylvania pkwy 1 -465 offramp project.doc
Carmel. IN 46032 317 -571 -2417
EXHIBIT "A"
PROJECT: 0710215
CODE: 5315
PARCEL NO.: 10 Fee Simple with Partial Limitation of Access
(WL -2)
Tax ID No.: 2 9- 13 -11- 418- 001.105 -018
Sheet 1 of 2
A part of the Southeast Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana,
and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of
Way Parcel Plat, marked Exhibit "B described as follows: Commencing at the northeast corner of said
quarter section; thence South 0 degrees 01 minute 12 seconds East 783.52 feet along the east line of said
section; thence North 90 degrees 00 minutes 00 seconds West 43.00 feet to the west boundary of College
Avenue; thence South 0 degrees 01 minute 13 seconds East 546.05 feet along said boundary to the northern
boundary of I -465; thence South 89 degrees 17 minutes 37 seconds West 141.17 feet along said boundary;
thence North 86 degrees 18 minutes 10 seconds West 178.87 feet along said boundary; thence North 85 degrees
43 minutes 34 seconds West 183.87 feet along said boundary; thence South 89 degrees 29 minutes 13 seconds
West 200.00 feet along said boundary; thence South 85 degrees 28 minutes 58 seconds West 501.22 feet along
said boundary; thence South 89 degrees 29 minutes 13 seconds West 432.60 feet along said boundary; thence
North 86 degrees 36 minutes 25 seconds West 200.48 feet along said boundary; thence North 90 degrees 00
minutes 00 seconds West 111.10 feet along said boundary to the southeast corner of said grantor's land and the
point of beginning of this description: thence continuing North 90 degrees 00 minutes 00 seconds West 38.89
feet (35.85 feet by Instrument 2008035224) along said boundary; thence North 84 degrees 03 minutes 46
seconds West 207.10 feet (206.49 feet by Instrument 2008035224) along said boundary; thence North 71
degrees 11 minutes 39 seconds West 182.07 feet (180.69 feet by Instrument 2008035224) along said boundary;
thence North 55 degrees i 4 minutes 26 seconds West 273.18 feet (271.60 feet by Instrument 2008035224)
along said boundary; thence North 16 degrees 31 minutes 15 seconds West 119.49 feet along said boundary to
the northwest corner of said grantor's land; thence South 23 degrees 44 minutes 35 seconds East 114.22 feet to
point "10036" on said plat; thence South 56 degrees 26 minutes 17 seconds East 221.59 feet to point "10037"
on said plat; thence South 63 degrees 56 minutes 53 seconds East 55.90 feet to point "10038" on said plat;
thence South 87 degrees 36 minutes 33 seconds East 138.18 feet to point "10039" on said plat; thence South 36
degrees 03 minutes 03 seconds East 68.82 feet to point "10040" on said plat; thence North 89 degrees 29
minutes 13 seconds East 187.00 feet to point "9060" on said plat; thence South 75 degrees 31 minutes 05
PROJECT:
CODE:
PARCEL NO.:
EXHIBIT "A"
0710215
5315
10 Fee Simple with Partial Limitation of Access
This description was prepared for the
Indiana Department of Transportation, by Fred L. Benge, Indiana
Registered Land Surve or, Licese Number LS80040408,
on the day of 2011
Sheet 2 of 2
seconds East 29.44 feet to the east line of said grantor's land; thence South 1 degree 19 minutes 47 seconds East
31.73 feet along said line to the point of beginning and containing 0.484 acres, more or less.
TOGETHER with the permanent extinguishment of all rights and easements of ingress and egress to, from, and
across the limited access facility (to be known as U.S. 31 and as Project 0710215), to and from the grantors'
abutting lands, along the lines described as follows: Beginning at the southern end of the northern 15.57 feet of
the 31.73 -foot course described above; thence North 75 degrees 32 minutes 37 seconds West 31.71 feet to point
"9061" on said plat; thence South 89 degrees 29 minutes 13 seconds West 192.75 feet to point "10041" on said
plat; thence North 36 degrees 03 minutes 03 seconds West 69.29 feet to point "10042" on said plat; thence
North 87 degrees 36 minutes 33 seconds West 134.08 feet to point "10043" on said plat; thence North 63
degrees 56 minutes 53 seconds West 60.22 feet to point "10044" on said plat: thence North 56 degrees 25
minutes 34 seconds West 226.86 feet and terminating at the northwestern end of the 273.18 -foot course
described above designated as point "10009. This restriction shall be a covenant running with the land and shall
be binding on all successors in title to the said abutting lands.
Fred L. Benge
EXHIBIT "A"
PROJECT: 0710215
CODE: 5315
PARCEL NO.: 10A- Leasehold Interest with Partial Limitation of Access
(QCD -3)
Tax ID No.: 29- 13 -11- 418 001.105 -018
Sheet 1 of 2
A part of the Southeast Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana,
and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of
Way Parcel Plat, marked Exhibit "B described as follows: Commencing at the northeast comer of said
quarter section; thence South 0 degrees 01 minute 12 seconds East 783.52 feet along the east line of said
section; thence North 90 degrees 00 minutes 00 seconds West 43.00 feet to the west boundary of College
Avenue; thence South 0 degrees 01 minute 13 seconds East 546.05 feet along said boundary to the northern
boundary of I -465; thence South 89 degrees 17 minutes 37 seconds West 141.17 feet along said boundary;
thence North 86 degrees 18 minutes 10 seconds West 178.87 feet along said boundary; thence North 85 degrees
43 minutes 34 seconds West 183.87 feet along said boundary; thence South 89 degrees 29 minutes 13 seconds
West 200.00 feet along said boundary; thence South 85 degrees 28 minutes 58 seconds West 501.22 feet along
said boundary; thence South 89 degrees 29 minutes 13 seconds West 432.60 feet along said boundary;
North 86 degrees 36 minutes 25 seconds West 200.48 feet along said boundary; thence North 90 degrees 00 thence
minutes 00 seconds West 111.10 feet along said boundary to the southeast corner of said grantor's land and the
point of beginning of this description: thence continuing North 90 degrees 00 minutes 00 seconds West 38.89
feet (35.85 feet by Instrument 2008035224) along said boundary; thence North 84 degrees 03 minutes 46
seconds West 207.10 feet (206.49 feet by Instrument 2008035224) along said boundary; thence North 71
degrees 11 minutes 39 seconds West 182.07 feet (180.69 feet by Instrument 2008035224) along said boundary;
thence North 55 degrees 14 minutes 26 seconds West 273.18 feet (271.60 feet by Instrument 2008035224)
along said boundary; thence North 16 degrees 31 minutes 15 seconds West 119.49 feet along said boundary to
the northwest corner of said grantor's land; thence South 23 degrees 44 minutes 35 seconds East 114.22 feet to
point "10036" on said plat; thence South 56 degrees 26 minutes 17 seconds East 221.59 feet to point "10037"
on said plat; thence South 63 degrees 56 minutes 53 seconds East 55.90 feet to point "10038" on said plat;
thence South 87 degrees 36 minutes 33 seconds East 138.18 feet to point "10039" on said plat; thence South 36
degrees 03 minutes 03 seconds East 68.82 feet to point "10040" on said plat; thence North 89 degrees 29
minutes 13 seconds East 187.00 feet to point "9060" on said plat; thence South 75 degrees 31 minutes 05
EXHIBIT "A"
PROJECT: 0710215
CODE: 5315
PARCEL NO.: 10A- Leasehold Interest with Partial Limitation of Access
seconds East 29.44 feet to the east line of said grantor's land; thence South 1 degree 19 minutes 47 seconds East
31.73 feet along said line to the point of beginning and containing 0.484 acres, more or less.
TOGETHER with the permanent extinguishment of all rights and easements of ingress and egress to, from, and
across the limited access facility (to be known as U.S. 31 and as Project 0710215), to and from the grantors'
abutting lands, along the lines described as follows: Beginning at the southern end of the northern 15.57 feet of
the 31.73 -foot course described above; thence North 75 degrees 32 minutes 37 seconds West 31.71 feet to point
"9061" on said plat; thence South 89 degrees 29 minutes 13 seconds West 192.75 feet to point "10041" on said
plat; thence North 36 degrees 03 minutes 03 seconds West 69.29 feet to point "10042" on said plat; thence
North 87 degrees 36 minutes 33 seconds West 134.08 feet to point "10043" on said plat; thence North 63
degrees 56 minutes 53 seconds West 60.22 feet to point "10044" on said plat; thence North 56 degrees 25
minutes 34 seconds West 226.86 feet and terminating at the northwestern end of the 273.18 -foot course
described above designated as point "10009. This restriction shall be a covenant running with the land and shall
be binding on all successors in title to the said abutting lands.
This description was prepared for the
Indiana Department of Transportation, by Fred L. Benge, Indiana
RegistercdIAnd Surveyor, License Number LS80040408,
on the _‘'t" day of f 4Fer2011
Sheet 2 of 2
ants
4
s Sn,, 08
1 ST F
Fred L. Benge