Loading...
HomeMy WebLinkAboutCorrespondence Conn, Angelina V From: John Molitor [jmolitor @prodigy.net] Sent: Thursday, March 22, 2012 11:22 AM To: Judy Hester; Stephen R. Buschmann; Tingley, Connie S; Ochs, Timothy Cc: Conn, Angelina V; Hollibaugh, Mike P Subject: Re: Carmel BZA -Traditions on the Monon proceedings Everyone -- Based on my reading of the Board's temporary Rule 13 and prior discussions with the Board members, I would concur that Steve's understanding (below) is correct. Moreover, I do think that it's appropriate for Judy now to be preparing stipulations of the "issues/facts" that the parties may agree upon. However, I don't believe that the Board members are expecting that the stipulations will be submitted to them at or before Monday's meeting. My preference would be for the parties to be able to agree on any stipulations within 7 to 10 days AFTER Monday's meeting, after which each party would prepare its proposed findings on disputed matters for submission to the Board. The Board probably will want all proposed findings and conclusions to be submitted to me no less than 10 days before the April meeting (it is scheduled for Monday, April 23). Subject to temporary Rule 13 and any motions that may be made at the March meeting, then, this is how I am expecting the schedule to look: a. Completion of the previously scheduled parts of the public hearing March 26 b. Board to approve a continuance of the hearing to the April meeting March 26 c. Parties to agree on stipulations regarding any undisputed issues or facts April 2 - 5 d. Parties to submit proposed findings of fact and conclusions of law April 13 e. Board counsel to submit outline of contested issues/facts for decision April 18 f. Public hearing closed, and motion for disposition made by a member April 23 g. Board discussion of each contested issue/fact (may include oral argument) April 23 h. Preliminary vote on each contested issue/fact (including conditions) April 23 i. Final vote on the motion for disposition (subject to further continuance) April 23 j. Delegation to Board counsel of the authority to prepare written findings April 23 k. Filing of the decision and findings of fact in the Board's office April 30 John Molitor Counsel to the Carmel Board of Zoning Appeals From: Judy Hester <jhester @brazillhester.com> To: Stephen R. Buschmann <buschmann @indiana-attorneys.com>; 'Tingley, Connie S" <CTingley @carmel.in.gov>; "Ochs, Timothy" <Timothy.Ochs @icemiller.com> Cc: "Conn, Angelina V" <Aconn @carmel.in.gov>; "Hollibaugh, Mike P" <MHollibaugh @carmel.in.gov>; John Molitor <jmolitor @ prodigy.net> Sent: Wednesday, March 21, 2012 6:14 PM Subject: RE: BZA That is my understanding as well. Thank you, Steve. I am preparing stipulations of the issues/facts that the parties agree upon for you and Tim to review before Monday. I look forward to talking with you then. Judy Judy G. Hester, Esq. BRAZILL I NESTER PC Conn, Angelina V From: Conn, Angelina V Sent: Wednesday, February 22, 2012 3:07 PM To: 'Carol Seifert' Subject: RE: Determination Letter -Traditions on the Monon Hi, Carol- The director's determination letter will be added to these online file folders within the hour. You can access the scanned in BZA appeal file contents online at: httb://cocdocs.ci.carmel.in.us/Weblink/0/fol/752729/Rowl.aspx (for the HOA, homeowners association, appeal) Once you get to a specific document,you can print to .PDF. Also, here is the appeal file for Pulte: http://cocdocs.ci.carmel.in.us/Weblink/0/fol/557051/Rowl.aspx Thanks, Angie Conn, Planning Administrator City of Carmel Planning &Zoning Division Dept. of Community Services 1 Civic Square, 3rd Flr. Carmel, IN 46032 0: 317-571-2417 I F: 317-571-2426 I E: aconn©carmel.in.gov Check out our new website: www.carmeldocs.com Please consider the environment before printing this e-mail From: Carol Seifert [mailto:niteowlk att.net] Sent: Wednesday, February 22, 2012 2:57 PM To: Conn, Angelina V Subject: Determination Letter Thanks for speaking with me on the phone. Please send me a copy of the Determination Letter. Carol Seifert niteowll @att.net Thank you! • 1 MEMORANDUM TO: Members, Cannel Board of Zoning Appeals FROM: John Molitor Counsel to the BZA DATE: January 24, 2012 RE: Docket Numbers 11110010 A and 11110011 A (Traditions on the Monon) —Recommended Suspension of Procedural Rules Members of the Board Mr. Hollibaugh, Ms. Conn, and I met in a pre-hearing conference on January 3, 2012, with the respective attorneys for the petitioners in the above dockets; both of these appeals relate to the Director's interpretation of various provisions of the City's Planned Unit Development district ordinance that governs the Traditions on the Monon development. All parties were able to reach consensus as to proposed recommendations as to how the Board should handle, procedurally, these two appeals. Both of them are now scheduled to be heard during the Board's regular meeting of February 27, 2012. In order to provide for a full and fair hearing of both of these appeals, I am recommending that the Board suspend Article VII, Section 13 of its Rules of Procedure (which provides the normal procedure to be followed for the holding of a public hearing)and instead provide for the following procedure in lieu thereof. Section 13 (Temporary). The procedure to be followed for the holding of public hearings on Docket Numbers 11110010 A (the "Homeowners Appeal") and 11110011 A (the "Pulte Appeal") shall be as follows: (1) The Board shall conduct a joint hearing on both appeals at its regular meeting of February 27, 2012. Not later than February 1, 2012, the respective attorneys for the petitioners shall exchange lists of their spokespersons and any witnesses to be called during the hearing, which shall include the general nature of their expected testimony. (2) The Chairperson shall officially open the public hearing. A total of approximately three (3) hours and forty-five (45) minutes shall be allotted for the entire public hearing. During the hearing, the Chairperson may limit the length of time all persons may speak or request that repetitious statements by different speakers be avoided in order to reasonably limit the length of the hearing. (3) The public hearing shall be divided into six (6) segments of approximately thirty- five (35) minutes each, to cover the following topics in the following order— (A) Banked Parking; (B) Streets and Curbs; (C) Landscaping and Grounds; (D) Landscape Audit; (E) Irrigation System; and (F) Miscellaneous. (4) The petitioners in the Homeowners Appeal shall make their presentation first in respect to Topics A, C, and F listed above. The petitioner in the Pulte Appeal shall make its presentation first in respect to Topics B, D, and E listed above. The Chairperson shall 1 allow not more than fifteen (15) minutes for each of these six (6)presentations. (5) The petitioner in the Pulte Appeal shall make its presentation second in respect to Topics A, C, and F listed above. The petitioners in the Homeowners Appeal shall make their presentation second in respect to Topics B, D, and E listed above. The Chairperson shall allow not more than fifteen (15) minutes for each of these six (6) presentations. (6) The respondent in both appeals is the Director of the Department of Community Services (the "Administrator"). The Administrator or his authorized representatives will be heard third in respect to each of the Topics listed above. The Chairperson shall allow not more than five (5) minutes for each of the Administrator's responses (if any). (7) If, at the conclusion of the presentations and responses (if any) in respect to Topic F, there are additional statements and/or letters from the public in support of or in opposition to either of the appeals, the Chairperson shall allow not more than fifteen (15) minutes for all such statements and/or letters to be presented. (8) During the public hearing, the parties shall have an opportunity promptly to cross-examine any expert witnesses called by the petitioners concerning their respective appeals. The time consumed by any cross-examination of witnesses shall not be deducted from the time allowed by the Chairperson for any party's presentation or response. (9) During the public hearing, the BZA members shall have an opportunity to question the petitioners concerning their respective appeals. As deemed necessary, members may also ask for clarification of points made by witnesses or the public, or may request a legal opinion from the BZA's counsel regarding any aspect of the appeals. (10) The Chairperson shall ask if the BZA is ready to proceed to a vote and close the public hearing. If the members are not ready to proceed to a vote, the Chairperson shall then ask if the hearing should be continued to a future date. If the hearing is continued to a future date, the Chairperson may request that either or both petitioners prepare and submit proposed findings of fact for the members to consider. (11) At the conclusion of the hearing, a member of the BZA may make an appropriate motion for disposition of either or both appeals, which must then be seconded by another member. Any conditions regarding the upholding or denial of an appeal must be so stated in the motion. (12) Further discussion may be called for by the BZA. Any amendments to a pending motion must be made, seconded, discussed and voted on, and the question shall then be put to the BZA. (13) Pursuant to Article VIII, Section 5 of the BZA's Rules of Procedure, the BZA may adopt written findings of fact as submitted by either petitioner or by any interested party, with or without modifications, specifications, or limitations, or the BZA may delegate to its counsel the authority to prepare written findings. cc: Stephen Buschmann, Esq., Counsel for the Homeowners Timothy Ochs,Esq., Counsel for Pulte Douglas Haney, Esq., City Attorney 2 Conn, Angelina V From: John Molitor [jmolitor@prodigy.net] Sent: Friday, December 30, 2011 10:05 AM To: Stephen Buschmann; timothy.ochs @icemiller.com Cc: Hollibaugh, Mike P; Conn, Angelina V; Haney, Douglas C Subject: Pre-hearing conference - Traditions on the Monon appeals Pursuant to Article VI, Section 7 of the Rules of Procedure of the Carmel Board of Zoning Appeals, this is to formally notify you of the scheduling of a pre-hearing conference regarding Docket Numbers 11110010 A (HOA appeal) and 11110011 A (Pulte appeal) for Tuesday, January 3, 2012, at 2:00 PM in the Department of Community Services conference room on the 3rd floor of Carmel City Hall. Both of these matters are currently scheduled to be on the agenda for the BZA's regular meeting of Monday, February 27, 2012, at 6:00 PM in the City Council chamber. As provided by Article VI, Section 7, the purpose of the conference will be to consider, for both of these agenda items: 1. the simplification of the issues; 2. the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof; 3. a limitation of the number of expert witnesses; 4. an exchange of names and witnesses to be called during the hearing and the general nature of their expected testimony; 5. the desirability of using one or more types of alternative dispute resolution before the hearing is held; and 6. such other matters as may expedite the disposition of the agenda item[s]. As you know, the DOCS Director, Mike Hollibaugh, is essentially the respondent in both of these administrative appeals. Therefore, the BZA has directed that I conduct the pre-hearing conference, treating him as a participating party and not as the Board's staff. Please note that Mr. Hollibaugh is entitled to be represented by separate counsel at both the pre-hearing conference and the hearings before the BZA. My sole client will be the Board itself(not the Director nor the Department). In accordance with Article VI, Section 7, each attorney attending this conference should completely familiarize himself or herself with all aspects of each pending item in advance of the conference and be prepared to enter into stipulations with reference to as many facts and issues and exhibits as possible -- including the likelihood that the BZA's Rules of Procedure will need to be modified or suspended for these pending hearings. The BZA has agreed to discuss the procedural issues regarding these appeals at its next scheduled meeting on Tuesday, January 24, 2012, when the Board members will also be prepared to consider any rule suspensions that may be indicated as a result of our discussions at the pre-hearing conference. Also, if it becomes necessary or advisable, an additional pre-hearing conference may be scheduled after the BZA's January 24 meeting. Finally, Article VI, Section 7 further provides that "[i]f, following the pre-hearing conference or during the hearing, counsel discovers additional exhibits or the names of additional witnesses, the same information required to be disclosed at the conference shall be immediately furnished opposing counsel. The original of any such disclosure shall immediately be filed with the Administrator and shall indicate the date it was furnished opposing counsel." For purposes of this Rule provision, please treat me as the "Administrator" instead of Mr. Hollibaugh (who should be treated as a party). Don't hesitate to call me directly if you have any questions about this conference. 1 John Molitor Counsel to the Carmel Board of Zoning Appeals John R. Molitor Attorney At Law 9465 Counselors Row, Suite 200 Indianapolis, IN 46240 ph: (317)843-5511 fax: (317)805-4723 e-mail: imolitor @prodigy.net 2 Conn, Angelina V From: Conn, Angelina V Sent: Tuesday, December 27, 2011 11:06 AM To: 'Stephen R. Buschmann' Cc: Donahue-Wold, Alexia K Subject: RE: (A)Traditions on the Monon - HOA Appeal (#11110010 A) Attachments: Z-464-04 Traditions on the Monon PUD.pdf; Traditions on the Monon PC info packet.pdf Good morning, Steve- Attached is the signed PUD ordinance and a 2005 plan commission info packet.Also,additional info from related files can be viewed on Laser Fiche online,with the following website links: Council Ordinance Z-464-04: http://cocdocs.ci.carmel.in.us/weblink/0/doc/202210/Pagel.aspx PC docket no 04070034 Z: http://cocdocs.ci.carmel.in.us/weblink/Browse.aspx?dbid=0&startid=453048&row=1 PC docket no 05010045 dp/adls: http://cocdocs.ci.carmel.in.us/weblink/Browse.aspx?dbid=0&startid=453048&row=1 PC docket no 05010044 SP: http://cocdocs.ci.carmel.in.us/weblink/Browse.aspx?dbid=0&startid=453048&row=1 PC docket no 05110036 SP/replat: (not yet scanned) PC docket no 07010024 SP/replat: http://cocdocs.ci.carmel.in.us/weblink/Browse.aspx?dbid=0&startid=453048&row=1 PC docket no 10010003 SP/replat: http://cocdocs.ci.carmel.in.us/web link/0/fol/453048/Rowl.aspx And once you get to a specific document,you can print to .pdf with the print icon.Or,you can fill out a Request for Info form for staff to pull the files and you can get paper copies from us for the cost of copies.The Request for Info form is online at: http://www.carmel.in.gov/modules/showdocument.aspx?documentid=851 Angie Conn, Planning Administrator City of Carmel Planning &Zoning Division Dept. of Community Services 1 Civic Square, 3rd FIr. Carmel, IN 46032 0: 317-571-2417 I F: 317-571-2426 I E: aconn @carmel.in.gov Check out our new website: www.carmeldocs.com Please consider the environment before printing this e-mail From: Stephen R. Buschmann [mailto:buschmann @Indiana-attorneys.com] Sent: Friday, December 23, 2011 3:03 PM To: Conn, Angelina V Subject: RE: Docket No. Assignments: (A) Traditions on the Monon - HOA Appeal (#11110010 A) Angie We will be representing the Traditions on Monon - HOA on the above referenced appeal. In order to help expedite our appeal, could you please send us a copy of the PUD Ordinance adopted by the City Council for the Traditions on Monon and,to the extent referenced in the Ordinance,the commitments to the PUD. Thank you. Steve Buschmann 1 Conn, Angelina V From: Conn, Angelina V Sent: Tuesday, December 13, 2011 9:17 AM To: 'Robert Potokar'; 'Tom Sharp' Cc: Hollibaugh, Mike P; tsharp @indy.rr.com Subject: RE: your HOA's Traditions on the Monon appeal application Attachments: Pulte appeal submittal 11-17-2011.pdt Here you go. Attached is what we have so far. This will also be posted online in a few weeks. -Angie Conn, Planning Administrator From: 'Robert Potokar' imailto:rpotokar@rpmanufacturind.netl Sent: Monday, December 12, 2011 5:43 PM To: Conn, Angelina V; 'Tom Sharp' Cc: Hollibaugh, Mike P; tsharp@indy.rr.com Subject: RE: your HOA's Traditions on the Monon appeal application Mike, Angie- Did Pulte appeal the City's determination letter? If they did can we get a copy as agreed in our last meeting with the two of you? Bob Potokar President Traditions on the Monon HOA Original Message From: "Conn Angelina V" <Aconn @carmel.in.Pov> To: "Tom Sharp" <thomasosharp @email.com> Cc: "Hollibaugh Mike P" <MHollibaugh @carmel.in.gov>, "Molitor John R" <jmolitor @carmel.in.gov>, <tsharp @indy.rr.com>, "Potokar Robert" <rpotokar @steelparts.com> Sent: Mon, 12 Dec 2011 13:10:48 -0500 Subject: RE: your HOA's Traditions on the Monon appeal application Okay, Tom— 1 Conn, Angelina V From: Conn, Angelina V Sent: Monday, December 12, 2011 1:11 PM To: 'Tom Sharp' Cc: Hollibaugh, Mike P; Molitor,John R; tsharp@indy.rr.com; 'Potokar, Robert' Subject: RE:your HOA's Traditions on the Monon appeal application Okay,Tom— it looks like we will now just place the Appeals on the regularly scheduled BZA meeting agenda for Feb. 27,2012. Your docket no. is 11110010 A. Stay tuned for more info about a pre-conference hearing and other deadlines for info packets. -Angie Conn, Planning Administrator From: Tom Sharp fmailto:thomasosharp @cimail.com] Sent: Thursday, December 01, 2011 10:43 AM To: Conn, Angelina V; tsharp@indv.rr.com; 'Potokar, Robert' Cc: Hollibaugh, Mike P; Molitor, John R Subject: RE: your HOA's Traditions on the Monon appeal application Angie, May we request another meeting date. I am out of the country until Feb 10th. Thank you. From: Conn, Angelina V [mailto:Aconn@carmel.in.govl Sent: Thursday, December 01, 2011 10:24 AM To: tsharp@indy.rr.com; Potokar, Robert Cc: Hollibaugh, Mike P; Molitor, John R Subject: your HOA's Traditions on the Monon appeal application Good morning, Gentlemen— a special BZA meeting will be held on Monday,January 30, 2012 at 6:00pm, in order to have a public hearing for the two appeals. DOCS will do the public notice; You will not need to do the public notice. Your docket no. is 11110010 A. Stay tuned for more info about a pre-conference hearing and other deadlines for info packets. Sincerely, Angie Conn, Planning Administrator City of Carmel Planning &Zoning Division Dept. of Community Services (DOCS) 1 Civic Square, 3rd Hr. Carmel, IN 46032 0: 317-571-2417 I F: 317-571-2426 I E: aconn©carmel.in.gov Check out our new website: www.carmeldocs.com Please consider the environment before printing this e-mail 1 Conn, Angelina V From: Conn, Angelina V Sent: Thursday, December 01, 2011 10:24 AM To: 'tsharp @indy.rr.com'; 'Potokar, Robert' Cc: Hollibaugh, Mike P; Molitor,John R Subject: your HOA's Traditions on the Monon appeal application Good morning, Gentlemen— a special BZA meeting will be held on Monday,January 30, 2012 at 6:00pm, in order to have a public hearing for the two appeals. DOCS will do the public notice; You will not need to do the public notice. Your docket no. is 11110010 A. Stay tuned for more info about a pre-conference hearing and other deadlines for info packets. Sincerely, Angie Conn, Planning Administrator City of Carmel Planning &Zoning Division • Dept. of Community Services (DOCS) 1 Civic Square, 3rd Flr. Carmel, IN 46032 0: 317-571-2417 I F: 317-571-2426 I E: aconn @carmel.in.gov Check out our new website: www.carmeldocs.com Please consider the environment before printing this e-mail 1 Conn, Angelina V From: Conn, Angelina V Sent: Tuesday, November 15, 2011 2:48 PM To: Hollibaugh, Mike P Cc: 'John Molitor'; Haney, Douglas C; Brainard, James C Subject: Traditions on the Monon HOA's Appeal Attachments: HOA appeal submittal 11-15-2011.pdf Mike— The Traditions on the Monon homeowner association's BZA Appeal Application is attached, regarding their appeal to your Oct. 18 determination letter. Now,just waiting for Pulte's Appeal Application.... Angie Conn, Planning Administrator City of Carmel Planning &Zoning Division Dept. of Community Services 1 Civic Square, 3rd Flr. Carmel, IN 46032 0: 317-571-2417 I F: 317-571-2426 I E: aconn@icarmel.in.gov Check out our new website: www.carmeldocs.com Please consider the environment before printing this e-mail 1