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Conn, An~elina V From: Sent: To: Cc: Subject: Conn, Angelina V Friday, July 15, 2005 10:32 AM 'larry@nf-law.com' Griffin, Matt L; Hollibaugh, Mike P West Carmel Center Office park, Ph 1 Larry: the Department has read the 1990 commitments you provided referring to the West Carmel Center Subdivision and has determined that the US 421 Overlay requirements are to be applied to all blocks and lots within this subdivision. Sincerely, Angle Conn Planning Administrator Division of Planning & Zoning Department of Community Services City of Carmel One Civic Square Carmel, ]:N 46032 p 3].7.571.2417 f 317.57::[.2426 www,carmel.in.gov aconn@carmel.in.gov ~JUL. 15. 2005 IO.08AM FRANKENBERGER NO. 9682 P, 1 NELSON & FRANKENBERGER A PROFESSIONAL CORPOR.ATION ATTORI'~YS AT LAW JAMES J, NELSON CHAP&Z;S D. FRANKENBERGER JAMES E. SHINAVER LAWRENCE J. KEMPER JOHN B, FLATT FREDERIC LAW~d~NCE DAVID J. LICHTENBERGER OF COUNSBI, JANE B. MERRILL FAX TRANSMISSION COVER SHEET Date: July 15, 2005 To: Angle Corm Fax: 571-2426 From; Lawrence J. Kemper Pages: 4 (including cover sheet) Phone: 317/844-0106 3105 EAST 9$TH STREET SUITE 170 INDIANAPOLIS, INDIANA 46280 317-84443106 FAX; 317-g46-$792 FAX: 317/571-5176 ~w,nf-law.com Notes: Coastal Partners, LLC Please feel free to call with any questions. Thank you. Thank you. ************************************************************** The information contained m this facsimile message is intended only for the use of the individual or entity named above. If the reader or recipient of this message is not the intended recipient or an employee or agent of the intended recipient who is re~ons/ble for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by telepl~one (collect) and return the original message to us at the above indicated address via the U.S. Postal Service, Receipt by anyone other than the intended recipient is not a waiver of an attorney-client or work product privilege. 1 l:\Caley\F~x Cover L~I~am\FAX I.[JK. doc JUL. 15., .2005 tlO'08AMRH uBN. FRANKENBERGER, Nu. 9682 In accordance wi~ Indiana Code Section 36-7-4-613, the undersi~nedr Shady Brook DeveIopme~t Co., a partnership Estate located in ~amilto~ County, In4~ana (hereafter th~ "Real Estate"), makes the followin9 CO~IT~TS concerning the-us~ (hereafter "Commisaio~") a~ f~r good and valuable the receipt of Which i~ hereby ~oknowledg~d commits to the of real es=ate abutting the Real ~state as follows: ~n of Real Est~te~ See ~hibi~-'K~nd'B"(R~al ~s~ate). 2. Docket No.~ 75-89-Z 3. ~tatemeDt of Co~itments~ Wh~I~Y ~ith~n or ou~id~ of such ~one~ b. The real estaba described on'Bxh£bit B~1 and B-2 hereto shall be d~veloped eno used solely for the following uses: general office, office builai~g and profemsio~al o£~ic~, a~ such terms are define~ in The gonin~ ordinance of the City of Carmel, Indiana as of the date hereto. c. Ownor commi%~ that ~he buil4imFm to be const£ucted on the real estate 4~scribed on Exhibit B-1 hereto shall not exceed the lesser of one (1) ~tory in height or thirty-five (3~) feet in height. ~. owne'r uo~mits that the buildin~ %o be co~structed on the real e~tate described o~ Exhibit B-2 hereto shall not exceed the lesser of two (2) stories in height or forty-five (45) feet in height. e. Owner commits that any buildin~ conscr~cted on the real ~state described on E~hibi~ B-1 her~o ~h~ll b~ ~et back not th~n sixty (60) feet from the western~os~ property line of the adjoining real estate 4e~cribed on ~xhtbit C hur~o. ?, 2 JUL, 15, 200?- IO:09AM u NI FRANKENBERGERN I u, 9682 P, 3 Reclaiming P£ocesses'involving materials and/or chemicals welfare of the general public as determined by. the State of Single family residences; Junk and salvage yar~s: MobiI~ home Carnivals~ circuses and fairs; 0utdo~r theatre~ an~ ' Penal/corr~¢tional institution. i. Owner com~/t~ that the provisions of the Zonin~ ~hall exuded ~5 feet in height. 4, Bin~n S~cce~s ~ 'These Com~ltmeat~ are person acquiring an inter,st in the Real Estate, unless modSf~ed or terminated by the Commission. These Commitments may be at a ~ublfc h~aring after notice as provide~ by the rules of the Commi~sion, eKuept that a modification or termination of the ~mmitments contained in paragraphs 3(b) through 3(~) inclusive shall first reg~ire the written consent of the owner of the real ~stats described on Exhibit C. ~' ~ The commitments ~nta~ned h~in shall be effective upon the a~option of an ordinance by the Carmel City C ounc~l cha~ging the ~sni~g cla~sificatlOn of the Real Estate Cla~sification to the B-3 Business District Classification on Exhibit "B" fr~m the ~-1 Residence District Classification to ~-~e B-5 ~usiness District Classificatioa. Dire~tor o~ Community Development or ~he Secretary 6f ~h~ Carmel Flan Commission t~ r~cord these commitr~en%s in the Office of the Recorder of ~amilton County¢ InOiana, upon the granting of the approvals referred ~o in paragraph 5 above. 7~ E~forcemen%: These commitments shall run with the land and may a. the Carmel Plan Commission; %he-C~ty ~f Carmel, Indiana; or, any owner of real estate which abuts the Estate. JUL, 15, 2005: IO'09AM '~r' u~!NE! ©N FRANKENBERGEb^ ,~,~, =,, =,~ ~'~,'~ 9682 ) SSt COUNTY OF HAMIL~0N ) The ~ndarsigned, a N~ary Public in and for Said County ann state, acknowledges the e~ecu~io~ of the foragoing by John C. Stark~ G~n~ral ~artnef of Shady B~ook Development Co , an Indiana general partnerzhip. This in~trumamt pr~paced by: James J~ Nelso~ NE~ON & ~RANKENB~RG~R, 3021 ~. 98%h ~tree~ ~20, Indianapolis, 462~0. V NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SttlNAVER LAWRENCE J. KEMPER JOHN B. FLATT FREDRIC LAWRENCE DAVID J. LICHTENBERGER OF COU~NSEL JANE B. MERRILL VIA HAND DELIVERY Angie Conn Carmel Dept. of Community Services One Civic Square Carmel, IN 46032 July 15, 2005 Re: Dear Angie: Coastal Partners, LLC - Docket No. 05060016 V Docket No. 05060017 V Enclosed are (i) 10 informational brochures to be distributed to the Board of Zoning Appeals for the hearing scheduled to be held on July 25, 2005 and (ii) a filing fee check in the amount of $1,442.00. Should you have any questions or comments, please call. I appreciate your help. Very truly yours, NELSON & FRANKENBERGER Lawre~er LJI<2/jlw Enclosures H:\JanetX, Coastal Partners\Conn bro Itr 071505.doc From: Sent: To: Cc: Subject: Conn, Angelina V Wednesday, June 15, 2005 2:41 PM Tingley, Connie S; 'mjett@amercons.com' Morrissey, Phyllis G; Hollibaugh, Mike P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Brennan, Kevin S; Griffin, Matt L; Littlejohn, David W; Wold, Alexia K Docket No. Assignment: (V) West Carmel Center Office Park, Ph I (West Carmel Center, BIk E) (#05060016-17 V) Connie: Please print and fax this e-mail to the petitioner identified below and update the file. I have issued the necessary Docket Numbers for (V) West Carmel Center Office Park, Ph i (West Carmel Center, BIk £). They will be the following: Docket No. 05060016 V $978.50 Docket No. 05060017 V $463.50 Total Fee: $1,442.00 WeSt carmel Center Office Park, Ph I (west Carmel Center, BIk E) The applicant seeks the following development standards variance approvals: Docket No; 05060016 V Chapter 23C. 10 bufferyard requirements Docket N°: 05060017 ¥ Chapter 23C.09.D facade offset The site is located southeast of Commerce Dr. and Carwinion Way. The site is zoned B,5/Business. Filed by Mike jett of American Consulting, Inc. for Coastal Partners, L.LC. Petitioner, please note the following: 1. This Item has already been on an agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than Thursday, June 30, 2005. Published notice is required w/thin the Indianapolis Star. 3. The Proof of Notice will need to be received by this Department no later than NOON, Friday, July 22, 2004. Failure to subrnit Proof of Notice by this time will result in the tabling of the petition. 4. The Filing Fee and Nine (9)!ntbrmational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON, Friday, July 15, 2005. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the Monday, August 22, 2005 agenda of the BZA. 5. This Item will appear on the July 25, 2005 agenda of the Board of Zoning Appeals under Public Hearings. 6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheets for each petition the night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot sheets must be collated. 7.) PETITIONER: refer to your instruction sheet for more details. Petitioner: 1.) Please provide a fully filled out and notarized application (8 pages). 2.) ShOw the meeting time as 6 pm in the Public notice. 3.) Provide a planting and bufferyard width comparison/chart of what is required vs. what you are propOsing. 4.) Please provide up-to-date elevations and site plans. Please contact Mr. Jett at 547-5580 (fax: 543-0270 or e-mail: m~amercons.com) with this information. Once the file is updated please return it to my office. Thank you, Angie Corm, Angelina V From: Sent: To: Cc: Subject: Conn, Angelina V Wednesday, June 15, 2005 2:41 PM Tingley, Connie S; 'mjett@amercons.com' Morrissey, PhylliS G; Hollibaugh, Mike P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Brennan, Kevin S; Griffin, Matt L; Littlejohn, David W; Wold, Alexia K Docket No. Assignment: (V) WeSt Carmel Center Office Park, Ph I (West Carmel Center, BIk E) (#05060016-17 V) Connie: Please Print and fax this e-mail to the petitioner identified below and update the file. I have issued the necessary Docket Numbers for (V) WeSt Carmel Center Office Park, Ph I (WeSt Carmel Center, BIk E). They will be the folloxving: Docket No. 05060016 V $978.50 Docket No. 05060017 V $463.50 Total Fee: $1,442.00 West Carmel center Office Park, Ph I (West Carmel center, BIk E) The applicant seeks the following development standards variance approvals: Docket No. 05060016 V Chapter 23C. 10 bufferyard requirements Docket No. 05060017 V Chapter 23C.09.D facade offset The site is located Southeast of Commerce Dr: and Carwinion Way. The site is zoned B-5/Business. Filed by Mike Jett of American Consulting, Inc. for. Coastal Partners, LLC. Petitioner, please note the following: 1. This Item has already been on an agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than Thursday, June 30, 2005. Published notice is required within the Indianapolis Star. 3. The Proof of Notice will need to be received by this Department no later than NOON, Friday, July 22, 2004. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Conrfie Tingley no later than NOON, Friday~ July 15, 2005. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the Monday, August 22, 2005 agenda of the BZA. 5. This Item will appear on the July' 25, 2005 agenda of the Board of Zoning Appeals under Public Hearings. 6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheets for each petition the night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot sheets must be collated. 7.) PETITIONER: refer to your instruction sheet for more details. petitioner: 1.) Please provide a fully filled out and notarized application (8 pages). 2.) Show the meeting time as 6 pm in the public notice. 3.) Provide a planting and bufferyard width comparison/chart of what is required vs. what you are proposing. 4.) Please provide up-to-date elevations and site plans. Please contact Mr. Jett at 547-5580 (fax: 543-0270 or e-mail: mjett~amercons.com) with this information. Once the file is updated please return it to my office. Thank you, Angie conn, Angelina V From: Sent: To: Subject: West Carmel Office Park Block E 106th and M~ DP/ADLS contact Brett Baumgarten 916-773-0700 916-773-0788 bbaumgarten@coastalpartners.net Babbitt, Pamela A Friday, April 22, 2005 1:37 PM Adrienne Keeling; Brewer, Scott I; Conn, Angelina V; Dobosiewicz, Jon C; Griffin, Matt; Hollibaugh, Mike P; Mindham, Daren duplicate