HomeMy WebLinkAboutApplicationREZONE/PUD APPLICATION
PETITION TO CHANGE THE OFFICIAL ZONING MAP
INCORPORATED BY REFERENCE INTO THE CARMEL /CLAY ZONING ORDINANCE
FEES: Rezone = $905.50 plus $125 per acre (PUD = $2,938, plus $125 per acre)
(Fees due after a docket number is assigned.)
Date: 10/18/13
Docket No.
Name of Owner: See Exhibit "A"
Owner's Address: See Exhibit "A"
• Applicant: Boomerang Development, LLC
Phone No. See Exhibit "A"
Fax No.: See Exhibit "A"
Email: See Exhibit "A"
• Applicant's Contact Person Name and Company: Attn: Corby D. Thompson, Boomerang
Development, LLC.
• Applicant's Contact Person Phone, Fax, Email: See Exhibit "A"
• Applicant's Address: See Exhibit "A"
Record of Ownership: Margaret Cole Russell, 4/22/2009 Instrument No. 2009 -23182
• Joinder in Rezone Application: Owner's Consent attached as Exhibit `B ".
• Legal Description (Use additional page(s) if necessary): See Exhibit "C" the "Real Estate ".
• Common Address of Property Involved (or general Description if no Address Exists):
The Real Estate comprises approximately 39.19 acres and is located (i) south of and adjacent to
131st Street (ii) west of and adjacent to Shelborne Road and (iii) north of 126th Street. See
attached Site Location map.
• Tax Parcel ID (No(s). 17- 09- 30- 00 -00- 019.000
• Proposed Zoning Change: From the S -1 Zoning Classification to a Planned Unit Development
(PUD) District to be known as "Ashmoor PUD ".
• Statement of compliance with the Carmel /Clay Comprehensive Plan (use additional pages if
necessary). See attached Exhibit "D ".
Page 1
"APPLICANT"
State of - 1 rid iavl,%1
County of-)4 a 144; 14,6
Boomerang Development, LLC
By:
Corby D. Thompson, Member
) SS:
Before me, a Notary Public in and for said county and State, personally appeared Corby D. Thompson,
Member of Boomerang Development, LLC and acknowledged the execution of the foregoing Application on
behalf of such entity. }}
WITNESS my hand and Notarial Seal this )/ ay of I C .e r , 2013.
My Commission Expires:
My County of Residence: Pajja 1
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Notary Public
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(Printed Signature
Page 2
Michelle D. Luker
Notary Public
Seal
State of Indiana
My Commission 1 ?xpires 10/16/2016
1. Owner:
2. Applicant:
EXHIBIT "A"
(Contact Information)
Margaret Cole Russell
7643 William Penn Place
Indianapolis, In. 46256
Boomerang Development, LLC
c/o Corby D. Thompson
11911 Lakeside Drive
Fishers, In. 46038
Phone: (317) 849 -7607
Fax : (317)576 -9482
Email: corby@yahoo.com
3. Attorney/
Land Use Professional:
James E. Shinaver, Attorney
Jon C. Dobosiewicz, Land Use Professional
Nelson & Frankenberger
3105 E. 98t'' Street, Suite 270
Indianapolis, IN 46280
Phone: (317) 844 -0106
Fax: (317) 846 -8782
Email: jims@nf-law.com
Email: jon@nf-law.com
3. Engineer: Eric Gleissner
Civil Site Group, Inc.
643 Massachusetts Avenue, Suite 200
Indianapolis, IN. 46204
Phone: (317) 423 -3305
Fax: (317) 423 -3306
E -mail: egleissner @civilsite.net
Brian Hicks 3175857005 p.1
Exhibit "13"
(JOINDER IN REZONE APPPLICATION AND OWNER'S CONSENT)
The undersigned, being the owner of the part of the Real Estate identified in what is
attached hereto as Exhibit "1" and graphically illustrated in what is attached hereto as Exhibit
"2" (the "Real Estate "), hereby (i) signs and joins in this RezonefPUD Application also signed by
Boomerang Development ( "Boomerang") and (ii) authorizes Boomerang, along with its
employees, engineers, land planners, attorneys, attorneys' employees and agents, as follows:
1. To file with the Plan Commission of the City of Carmel (the "Plan Commission ")
and the City Council of the City of Carmel (the "Council "), with respect to the
Real Estate, (i) this Rezone/PUD Application and (ii) applications for any other
approvals that may be required or deemed necessary by Boomerang to develop
the Real Estate to allow a residential subdivision (collectively the "Approvals ");
and,
To pursue the Approvals before the Plan Commission and any committees of the
Plan Commission, and the Council and any committee of the Council.
"Owner"
By:
STATE OF INDIANA )
)SS: Date:
COUNTY OF MARION
lo_/�- /.3
Before me, a Notary Public in and for said County and State, personally appeared
Margaret Cole Russell who acknowledged execution of the foregoing and who, having been duly
sworn, stated that the representations therein contained are true.
,,rrte
eal this /6, day of October, 2013.
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My co fission expires:
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My cou ty of Residence:
Notary Public
EXHIBIT 1
(Real Estate)
PART THE NORTHEAST QUARTER, OF THE SOUTHEAST QUARTER OF SECTION 30,
TOWNSHIP 18 NORTH, RANGE 3 EAST, IN CLAY TOWNSHIP, HAMILTON COUNTY
INDIANA. DESCRIBED AS FOLLOWS:
COMMENCING AT THE HARRISON MARKER AT THE NORTHEAST CORNER OF THE
SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 18 NORTH, RANGE 3 EAST;
THENCE ON THE EAST LINE OF THE SAID SOUTHEAST QUARTER SOUTH 00
DEGREES 00 MINUTES 41 SECONDS EAST (ASSUMED BEARING) 438.04 FEET TO
THE POINT OF BEGINNING OF THIS DESCRIPTION: THENCE CONTINUING ON SAID
EAST LINE SOUTH 00 DEGREES 00 MINUTES 41 SECONDS EAST 876.60 FEET TO A
MAG NAIL ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID
SOUTHEAST QUARTER; THENCE ON SAID SOUTH LINE SOUTH 89 DEGREES 48
MINUTES 59 SECONDS WEST 1312.25 FEET TO A 5/8 INCH REBAR FOUND AT THE
SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SOUTHEAST
QUARTER AND BEING THE SOUTHEAST CORNER OF SHELBORNE ESTATES
SECTION ONE RECORDED AS INSTRUMENT NUMBER 200200086426 PLAT CABINET
3 SLIDE 91; THENCE ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID
SOUTHEAST QUARTER NORTH 00 DEGREES 00 MINUTES 39 SECONDS WEST 1313.81
FEET TO A MAG NAIL ON THE NORTH LINE OF SAID SOUTHEAST QUARTER;
THENCE ON THE NORTH LINE OF SAID SOUTHEAST QUARTER NORTH 89 DEGREES
46 MINUTES 48 SECONDS EAST 811.81 FEET TO A MAG NAIL AT THE WEST LINE OF
A RIGHT OF WAY LINE OF SHELBORNE ROAD AS DESCRIBED IN INSTRUMENT
NUMBER 2009023182; THENCE ON SAID RIGHT OF WAY LINE THE FOLLOWING 7
COURSE (1) SOUTH 00 DEGREES 13 MINUTES 13 SECONDS EAST 15.03 FEET TO A 5/8
INCH REBAR WITH YELLOW CAP STAMPED "MILLER SURVEYING "; (2) THENCE
NORTH 89 DEGREES 46 MINUTES 37 SECONDS EAST 331.83 FEET TO A 5/8 INCH
REBAR WITH YELLOW CAP STAMPED "MILLER SURVEYING "; (3) THENCE NORTH
63 DEGREES 12 MINUTES 43 SECONDS EAST 13.42 FEET TO A 5/8 INCH REBAR WITH
YELLOW CAP STAMPED "MILLER SURVEYING "; (4) THENCE NORTH 89 DEGREES 46
MINUTES 37 SECONDS EAST 97.34 FEET TO A 5/8 1NCH REBAR WITH YELLOW CAP
STAMPED "MILLER SURVEYING "; (5) THENCE SOUTH 72 DEGREES 28 MINUTES 02
SECONDS EAST 35.89 FEET TO A 5/8 INCH REBAR WITH YELLOW CAP STAMPED
"MILLER SURVEYING "; (6) THENCE 00 DEGREES 00 MINUTES 41 SECONDS EAST
418.00 FEET TO A 5/8 INCH REBAR WITH YELLOW CAP STAMPED "MILLER
SURVEYING "; (7) THENCE NORTH 89 DEGREES 59 MINUTES 19 SECONDS EAST
25.00 FEET TO THE POINT OF BEGINNING, CONTAINING 39.19 ACRES MORE OR
LESS.
EXHIBIT "C"
(Legal Description)
PART THE NORTHEAST QUARTER, OF THE SOUTHEAST QUARTER OF SECTION 30,
TOWNSHIP 18 NORTH, RANGE 3 EAST, IN CLAY TOWNSHIP, HAMILTON COUNTY
INDIANA. DESCRIBED AS FOLLOWS:
COMMENCING AT THE HARRISON MARKER AT THE NORTHEAST CORNER OF THE
SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 18 NORTH, RANGE 3 EAST;
THENCE ON THE EAST LINE OF THE SAID SOUTHEAST QUARTER SOUTH 00 DEGREES
00 MINUTES 41 SECONDS EAST (ASSUMED BEARING) 438.04 FEET TO THE POINT OF
BEGINNING OF THIS DESCRIPTION: THENCE CONTINUING ON SAID EAST LINE
SOUTH 00 DEGREES 00 MINUTES 41 SECONDS EAST 876.60 FEET TO A MAG NAIL ON
THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SOUTHEAST QUARTER;
THENCE ON SAID SOUTH LINE SOUTH 89 DEGREES 48 MINUTES 59 SECONDS WEST
1312.25 FEET TO A 5/8 INCH REBAR FOUND AT THE SOUTHWEST CORNER OF THE
NORTHEAST QUARTER OF SAID SOUTHEAST QUARTER AND BEING THE SOUTHEAST
CORNER OF SHELBORNE ESTATES SECTION ONE RECORDED AS INSTRUMENT
NUMBER 200200086426 PLAT CABINET 3 SLIDE 91; THENCE ON THE WEST LINE OF
THE NORTHEAST QUARTER OF SAID SOUTHEAST QUARTER NORTH 00 DEGREES 00
MINUTES 39 SECONDS WEST 1313.81 FEET TO A MAG NAIL ON THE NORTH LINE OF
SAID SOUTHEAST QUARTER; THENCE ON THE NORTH LINE OF SAID SOUTHEAST
QUARTER NORTH 89 DEGREES 46 MINUTES 48 SECONDS EAST 811.81 FEET TO A MAG
NAIL AT THE WEST LINE OF A RIGHT OF WAY LINE OF SHELBORNE ROAD AS
DESCRIBED IN INSTRUMENT NUMBER 2009023182; THENCE ON SAID RIGHT OF WAY
LINE THE FOLLOWING 7 COURSE (1) SOUTH 00 DEGREES 13 MINUTES 13 SECONDS
EAST 15.03 FEET TO A 5/8 INCH REBAR WITH YELLOW CAP STAMPED "MILLER
SURVEYING "; (2) THENCE NORTH 89 DEGREES 46 MINUTES 37 SECONDS EAST 331.83
FEET TO A 5/8 INCH REBAR WITH YELLOW CAP STAMPED "MILLER SURVEYING "; (3)
THENCE NORTH 63 DEGREES 12 MINUTES 43 SECONDS EAST 13.42 FEET TO A 5/8
INCH REBAR WITH YELLOW CAP STAMPED "MILLER SURVEYING "; (4) THENCE
NORTH 89 DEGREES 46 MINUTES 37 SECONDS EAST 97.34 FEET TO A 5/8 INCH REBAR
WITH YELLOW CAP STAMPED "MILLER SURVEYING "; (5) THENCE SOUTH 72
DEGREES 28 MINUTES 02 SECONDS EAST 35.89 FEET TO A 5/8 INCH REBAR WITH
YELLOW CAP STAMPED "MILLER SURVEYING "; (6) THENCE 00 DEGREES 00 MINUTES
41 SECONDS EAST 418.00 FEET TO A 5/8 INCH REBAR WITH YELLOW CAP STAMPED
"MILLER SURVEYING "; (7) THENCE NORTH 89 DEGREES 59 MINUTES 19 SECONDS
EAST 25.00 FEET TO THE POINT OF BEGINNING, CONTAINING 39.19 ACRES MORE OR
LESS.