HomeMy WebLinkAboutApplication DPDATE:
Preliminary
Final
Amended or Changed
FIRST AMENDMENT
DEVELOPMENT PLAN
·
APPLICATION (Amendment)
FEE: $750.00 plus $100.00 per acre
DOCKET NO. 04050028 DP/ADLS
Public Heating Required
Received By/Date
Checked By
Name of
Project:
West Carmel Marketplace
Project
Ad&ess:
9901 Michigan Road
Legal
Description: (To be typewritten on separate sheet and attached)
Name of
Applicant:
Duke Construction, Limited Partnership, by Mary_ E. Sola&
Ad&ess: Bingham McHale LLP, 10 W. Market St., 2700 Market Tower, Indianapolis, Indiana, 46204
Contact Person:
Mary_ E. Sola&, attomey, Bingham McHale LLP
Gregory J. Ewing, AICP, Bingham McHale LLP
Telephone: 635-8900
Telephone: 686-5228
Fax No. 236-9907
Name of
Landowners:
421 Realty Co., Russell P. Wurster, Hams FLP, Oscar T. Hams Jr., Juanita Chisler
Plot Size: 40.778 acres
Zoning Classifications: B-2, B-3, US Highway 421-Michigan Road
Comdor Overlay
Present Use
of Property:
Undeveloped
Proposed Use
of Property:
Retail commercial multi-tenet building complex
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NOTE:
This application must be filed in duplicate and accompanied by: a) Two (2) copies of the
development plan which the applicant will be responsible for distribution among TAC
members; b) All necessary supporting materials.
Signed:
The undersigned agrees that any construction, reconstruction, enlargement, relocation or
alteration of structures, or any change in the use of land or structures requested by this
application will comply with and conform to all applicable laws of the State of Indiana
and the zoning ordinance of Carmel, Indiana, adopted under the authority of Acts of
1979, Public Law 178, Sec. 1, et. seq., General Assembly of the State of Indiana, and all
Acts amendatory thereto.
Owner Agent
Mary_ E. Solada
(Typed) (Typed)
STATE OF INDIANA
SS:
County of
Before me the undersigned, a Notary Public for
(co ofr .en
County, State of Indiana, personally appeared~1 o~u~, · ~f .~~~~'~--
(~~' ofp~-2on)
an~lla.ck~owledged t~'exe~ution~f the forego~ ~. insmanent this
~eX day of,,._-~[~/~2.,,~~ , 20 C>~. I
My Commission Expires:
(N (P tedor
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FINDINGS OF FACT FORM FOR
DEVEI~OPMENT PLAN CONSIDERATION
Carmel Plan Commission
Carmel, Indiana
DOCKET NO. 04050028 DP/ADLS
NAME OF PROJECT: West Cannel Marketplace
PETITIONER' Duke Construction, Limited Partnership, by Mary E. Solada
Based upon all the evidence presented by the Petitioner and upon the
Department Report of the Department of Community Services,
dated ., we determine that the Development Plan complies with the
Standards set forth in the Carmel/Clay Zoning Ordinance.
We hereby approve the Development Plan as submitted with the following
specific conditions as agreed to by the petitioner.
Condition 1.
Condition 2.
We hereby disaporove of the Development Plan as submitted for the
following reasons:
o
,
,
DATED THIS DAY OF , 2004.
Commission Member
EXHIBIT A
PAGE 1 OF 2
A LAND BOUNDARY DESCRIPTION OF
WEST CARMEL MARKETPLACE
9901 NORTH MICHIGAN ROAD
CARMEL~ INDIANA
AUGUST 26, 2004
A part of Section 7, Township 17 North, Range 3 East, Hamilton County, Indiana,
described as follows: Commencing at the northeast comer of the Southeast Quarter of said
Section 7; thence South 88 degrees 44 minutes 27 seconds West 1,106.46 feet along the north line
of said Southeast Quarter to the POINT OF BEGINNING of this description: thence South 00
degrees 37 minutes 40 seconds East 1,255.30 feet; thence South 88 degrees 40 minutes 49
seconds West 1,137.71 feet; thence North 20 degrees 56 minutes 37 seconds West 298.97 feet;
thence South 69 degrees 03 minutes 23 seconds West 274.51 feet to the easterly right-of-way line
of U.S. Highway 421; thence along said easterly right-of-way line the following five (5) courses'
1) North 21 degrees 11 minutes 28 seconds West 342.02 feet; 2) North 21 degrees 54 minutes 26
seconds West 262.49 feet; 3) North 25 degrees 57 minutes 17 seconds West 98.77 feet; 4) North
21 degrees 11 minutes 28 seconds West 337.18 feet; 5) Northerly 100.38 feet along an arc to the
right and having a radius of 14,646.15 feet and subtended by a long chord having a bearing of
North 21 degrees 09 minutes 53 seconds West and a length of 100.38 feet to the south boundary
line of the land described in the deed to Porter Shank II, LLC, as recorded in Instrument Number
99-9904943 in the Office of the Recorder of Hamilton County, Indiana; thence North 88 degrees
53 minutes 19 seconds East 339.82 feet along said south boundary line of Porter Shank land to
the southeast comer of said Porter Shank land; thence North 00 degrees 25 minutes 52 seconds
West 289.00 feet along the east boundary line of said Porter Shank land to the northeast comer of
the land described in the deed to Checker Oil Company of Indiana, Inc., as recorded in Book 316,
page 97 in said Recorder's office; thence South 88 degrees 53 minutes 19 seconds West 435.74
feet along the north boundary line of said Checker Oil land to the northwest comer of Block F of
West Carmel Center, as described in Plat Cabinet 3, slide 163 in said Recorder's office; thence
along the northerly boundary line of said Block F the following five (5) courses' 1) North 24
degrees 01 minute 45 seconds East 47.14 feet; 2) North 69 degrees 08 minutes 38 seconds East
137.09 feet; 3) North 53 degrees 53 minutes 18 seconds East 354.21 feet to a point on the east
line of the Northwest Quarter of said Section 7, said line also being the west line of the Northeast
Quarter of said Section 7; 4) continuing North 53 degrees 53 minutes 18 seconds East 501.96
feet; 5) South 81 degrees 06 minutes 37 seconds East 49.50 feet to the westerly right-of-way line
of Commerce Drive; thence along said westerly right-of-way line the following three (3) courses:
1) South 36 degrees 06 minutes 42 seconds East 78.27 feet; 2) Southeasterly, and Southerly
214.62 feet along an arc to the right and having a radius of 705.00 feet and subtended by a long
chord having a bearing of South 27 degrees 23 minutes 26 seconds East and a length of 213.79
feet; 3) South 18 degrees 40 minutes 10 seconds East 632.03 feet to a point on the south line of
said Northeast Quarter, said line also being the north line of the Southeast Quarter of said Section
7; thence North 88 degrees 44 minutes 27 seconds East 773.40 feet along said north line to the
POINT OF BEGINNING and containing 59.557 acres, more or less.
EXHIBIT A
PAGE 1 OF 2
H:kDell D DrivekDuke-Carmel-DP-ADLS-vARLegal.doc
Prepared by Woolpert LLP
9/3/04 10:36 AM
EXHIBIT A
PAGE 2 OF 2
A LAND BOUNDARY DESCRIPTION OF
WEST CARMEL MARKETPLACE
9901 NORTH MICHIGAN ROAD
CARMEL, INDIANA
AUGUST 26, 2004
EXCEPTING therefrom the following described land:
A part of the Southeast Quarter of Section 7, Township 17 North, Range 3 East, Hamilton
County, Indiana, described as follows' Commencing at the northeast comer of said quarter
section; thence South 88 degrees 44 minutes 27 seconds West along the north line of said quarter
section 1,106.46 feet; thence South 00 degrees 37 minutes 40 seconds East 1,255.30 feet; thence
South 88 degrees 40 minutes 49 seconds West 1,095.24 feet; thence North 20 degrees 56 minutes
37 seconds West 35.09 feet to the POINT OF BEGINNING of this description: thence continuing
North 20 degrees 56 minutes 37 seconds West 963.15 feet; thence North 24 degrees 03 minutes
23 seconds East 35.36 feet; thence North 69 degrees 03 minutes 23 seconds East 689.36 feet;
thence South 70 degrees 37 minutes 35 seconds East 38.64 feet; thence Southeasterly 83.71 feet
along an arc to the left and having a radius of 195.00 feet and subtended by a long chord having a
bearing of South 46 degrees 48 minutes 28 seconds East and a length of 83.06 feet; thence South
59 degrees 06 minutes 19 seconds East 101.28 feet; thence Southeasterly, and Southerly 70.25
feet along an arc to the right and having a radius of 105.00 feet and subtended by a long chord
having a bearing of South 39 degrees 56 minutes 20 seconds East and a length of 68.95 feet;
thence South 20 degrees 46 minutes 21 seconds East 561.52 feet; thence South 29 degrees 45
minutes 55 seconds West 290.49 feet; thence South 69 degrees 13 minutes 38 seconds West
638.59 feet to the point of beginning and containing 18.779 acres, more or less.
CONTAINING after said exception 40.778 acres, more or less.
EXHIBIT A
PAGE 2 OF 2
H:kDell D DrivekDuke-Carmel-DP-ADLS-vARLegal.doc
Prepared by Woolpert LLP
9/3/04 10:36 AM
EXHIBIT A
PAGE 1 OF 2
A LAND BOUNDARY DESCRIPTION OF
WALNUT CREEK MARKETPLACE
APPROXIMATELY 9700 NORTH MICI-IIGAN ROAD
CARMEL, INDIANA
MAY 11, 2004
A part of Section 7, Township 17 North, Range 3 East, Hamilton County, Indiana,
described as follows' Commencing at the northeast comer of the Southeast Quarter of
said section; thence South 88 degrees 44 minutes 27 seconds West along the north line of
said Southeast Quarter 1,106.46 feet to the POINT OF BEGINNING of this description:
thence South 00 degrees 37 minutes 40 seconds East 1,255.30 feet; thence South 88
degrees 40 minutes 49 seconds West 1,137.71 feet; thence North 20 degrees 56 minutes
37 seconds West 298.97 feet; thence South 69 degrees 03 minutes 23 seconds West
274.51 feet to the easterly right-of-way line of U.S. 421; thence along said easterly right-
of-way line the following seven (7) courses: (1) North 21 degrees 11 minutes 28 seconds
West 342.02 feet; (2) North 21 degrees 54 minutes 26 seconds West 262.49 feet; (3)
North 25 degrees 57 minutes 17 seconds West 98.77 feet; (4) North 21 degrees 11
minutes 28 seconds West 337.18 feet; (5) Northerly 100.74 feet along an arc to the right
and having a radius of 14,646.15 feet and subtended by a long chord having a bearing of
North 21 degrees 09 minutes 50 seconds West and a length of 100.74 feet; (6) North 88
degrees 56 minutes 44 seconds East 8.71 feet; (7) Northerly 111.09 feet along an arc to
the fight and having a radius of 228,358.92 feet and subtended by a long chord having a
bearing of North 21 degrees 09 minutes 09 seconds West and a length of 111.09 feet;
thence North 88 degrees 56 minutes 44 seconds East 301.04 feet; thence North 20
degrees 56 minutes 37 seconds West 196.23 feet; thence South 88 degrees 53 minutes 19
seconds West 297.48 feet to the easterly right-of-way line of U.S. 421; thence North 24
degrees 01 minute 45 seconds East along said easterly right-of-way line 47.14 feet to the
southerly right-of-way line of Retail Parkway; thence along said southerly right-of-way
line the following two (2) courses: (1) North 69 degrees 08 minutes 38 seconds East
137.09 feet; (2) North 53 degrees 53 minutes 17 seconds East 856.17 feet to the westerly
right-of-way line of Commerce Drive; thence along said westerly right-of-way the
following four (4) courses: (1) South 81 degrees 06 minutes 37 seconds East 49.50 feet;
(2) South 36 degrees 06 minutes 42 seconds East 78.27 feet; (3) Southeasterly, and
Southerly 214.62 feet along an arc to the right and having a radius of 705.00 feet and
subtended by a long chord having a bearing of South 27 degrees 23 minutes 26 seconds
East and a length of 213.79 feet; (4) South 18 degrees 40 minutes 10 seconds East 632.03
feet to the south line of the Northeast Quarter of said Section 7; thence North 88 degrees
EXHIBIT A
PAGE 1 OF 2
G:~ID~j ects\61287\Cadd\Survey\61287overall_des~.doe
Prepared by Woolpert LLP
-5/11/04 1:38 PM
EXHIBIT A
PAGE 2 OF 2
A LAND BOUNDARY DESCRIPTION OF
WALNUT CREEK MARKETPLACE
A.PPRO~TELY 9700 NORTH MICHIGAN ROAD
CARMEL, INDIANA
MAY 11,2004
44 minutes 27 seconds East along said south line 773.40 feet to the POINT OF
BEGINNING and containing 60.839 acres, more or less.
EXCEPTING therefrom the following described land:
A part of the Southeast Quarter of Section 7, Township 17 North, Range 3 East,
Hamilton County, Indiana, described as follows: Commencing at the northeast comer of
said quarter section; thence South 88 degrees 44 minutes 27 seconds West along the north
line of said quarter section 1,106.46 feet; thence South 00 degrees 37 minutes 40 secOnds
East 1,255.30 feet; thence South 88 degrees 40 minutes 49 seconds West 1,095.24 feet;
thence North 20 degrees 56 minutes 37 seconds West 35.09 feet to the POINT OF
BEGINNING of this description: thence North 20 degrees 56 minutes 37 seconds West
988.15 feet; thence North 69 degrees 03 minutes 23 seconds East 726.45 feet; thence
Easterly, and Southeasterly 20.73 feet along an arc to the right and having a radius of
15.00 feet and subtended by a long chord having a bearing of South 71 degrees 21
minutes 27 seconds East and a length of 19.12 feet; thence Southeasterly 96.80 feet along
an arc to the left and having a radius of 195.00 feet and subtended by a long chord having
a bearing of South 44 degrees 53 minutes 05 seconds East and a length of 95.80 feet;
thence South 59 degrees 06 minutes 19 seconds East 107.92 feet; thence Southeasterly
40.76 feet along an arc to the fight and having a radius of 105.00 feet and subtended by a
long chord having a bearing of South 47 degrees 59 minutes 05 seconds East and a length
of 40.50 feet; thence South 20 degrees 46 minutes 21 seconds East 585.42 feet; thence
South 29 degrees 45 minutes 55 seconds West 290.49 feet; thence South 69 degrees 13
minutes 38 seconds West 638.59 feet to the POINT OF BEGINNING and containing
18.794 acres, more or less.
CONTAINING after said exception 42.045 acres, more or less.
EXHIBIT A
PAGE 2 OF 2
G:\SD~Projects\61287\Cadd~SU~\61287overall_desc.doe
Prepared by Woolpert LLP
5/11/04 1:38 PM
Babbitt, Pamela A
From:
Sent:
To:
Cc:
Subject:
Butler, Angelina V
Thursday, June 24, 2004 9:31 AM
Babbitt, Pamela A
Dobosiewicz, Jon C; Hollibaugh, Mike P
FW: Docket No. Assignment: (DP/ADLS) Walnut Creek Marketplace (#04050028 DP/ADLS)
Pam:
Please forward the petitioner this revised fee sheet. A fee for Traffic Study Review has been added ($1500).
Thank you.
..... Original Hessage .....
From: Butler, Angelina V
Sent: Tuesday, Hay 18, 2004 12:51 PM
To: Babbitt, Pamela A
Cc: Morrissey, Phyllis G; Pattyn, Dawn E; Tingley, Connie S; Hollibaugh, Hike P; Keeling, Adrienne M; Kendall, .]eft A; Brewer, Scott I;
Hancock, Ramona B; Dobosiewicz, .]on C; Stahl, Gayle H; Pohlman, .]esse H; Brennan, Kevin S
Subject: Docket No. Assignment: (DP/ADLS) Walnut Creek Harketplace (#04050028 DP/ADLS)
Pam,
Please print and fax this e-mail to the petitioner identified below and update the file. I have issued the necessary Docket
Number for (DP/ADLS) Walnut Creek Marketplace. It will be the following:
Docket No. 04050028 DP/ADLS
Traffic Study Review Fee
$750 + $750 + $100'42 acres =$5,700
$1500.00
Total Fee: $ 7~200.00
Docket No. 04050028 DP/ADLS: Walnut Creek Marketplace
Development Plan and ADLS
The applicant proposes a retail center.
The site is located northeast of 99th Street and Michigan Rd/US 421.
The site is zoned B-3/Business and B-2/Business within the US Highway 421 Overlay.
Filed by Mary Solada of Bingham McHale for Duke Realty.
Petitioner, please note the following:
1. This Item has been placed on the June 16 agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Friday, June 25. Published notice is required
within the Indianapolis Star.
3. Proof of Notice will need to be received by this Department no later than Noon, Friday, July 16. Failure to
submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary
Ramona Hancock no later than NOON, Friday, July 9. Failure to submit Informational Packets by this time will result in
the tabling of the petition to the Tuesday, August 17, agenda of the Plan Commission.
5. The Item will appear on the July 20, 2004 agenda of the Plan Commission under (Public Hearings).
6. The Item will also appear on the Tuesday, August 3 agenda of the Plan Commission Special Studies
Committee.
PETITIONER: refer to your instruction sheet for more detail.
Please contact Ms. Solada at 635-8900 (Fax: 236-9907) with this information. Once the file is updated please return it to
Jon's office. ~,\"L~
Thank you,
Angie