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HomeMy WebLinkAbout2003-Economic Developement Plan/Merchants' PointeCarmel, Indiana Hamilton County Economic Development Plan bgeffleDEMZg March 5, 2001 lea - -A) Zdeoterkv ll Michael R. Shaver, President 4742 Bluffwood North Drive Indianapolis, IN 46228 (voice) 317/299 -9529 (fax) 317/329 -9885 (e -mail) wabsci @aol.com 1 1 1 • •"ft* 1 1 11 1 1 Map No. 1 Merchant's Pointe Economic Development Area Nfoibcob' 3@brotac, igc Table of Contents The Purpose of the ED Plan 4 Description of the Area 6 Location of the Proposed ED Area 6 General Description of the Proposed ED Area 6 Legal Description 6 Land Use within the Proposed ED Area 7 Other Development Plans 8 Conclusions Regarding the ED Area 8 Conformity With Other Plans 9 Creation of an Economic Development Area 10 Statutory Requirements 11 Findings of Fact Finding Finding Finding Finding Finding Finding Finding Finding Finding Finding Finding 12 #1A: promotes opportunities for employment 13 #1B: attracts a major new business enterprise 14 #1C: retains or expands a significant (existing) business 16 1D: ...meets other purposes of this (statute) 17 #2A: lack of local public improvements 18 #2B: Protects Property Values 19 #2D: "Other Similar Conditions" 20 #3: the public health and welfare will be benefitted 21 #4A: the plan will increase the property tax base 22 #4B: Attraction or Retention of Permanent Jobs 23 #4C: Improved Diversity in the Economic Base 23 Conclusions 24 Recommendations 25 Economic Development Strategy 26 Proposed Projects 26 List of Parcels 26 The Purpose of the ED Plan An economic development plan should not be a free - standing document, designed and undertaken in isolation from previous planning and development policies. It should, instead, be philosophically and factually linked to the previous and current planning efforts of the community. An economic development plan should build upon the historical perspective of the community, enabling community leaders to consciously connect the proposed economic development activities to the economic development goals and policies which the community has previously endorsed. The strongest economic development plans, therefore, are based on public policy which was initiated before any current project was conceived. Economic development projects which are proposed in areas designated for particular business land uses should be the easiest to defend. In cases where economic development areas are designated for commercial development before any specific project is proposed, the community's leadership should logically feel more comfortable that they have properly planned the development patterns for the community. Public opinion can ebb and flow on a random basis, and opposition often requires only the scantiest factual basis for their challenges. In the face of opposition to economic development projects, the community's leaders can use the Economic Development Plan to examine previous community development policy and determine whether a proposed project fits into the development parameters which had been previously established. At the Pointe where a development project is proposed, it becomes the job of the Economic Development Plan to objectively review the body of previous development policy and determine the extent to which the current project complies with those policies. This Economic Development Plan has been undertaken in the context of a comprehensive and detailed planning effort by the municipality which has been judiciously maintained. The local economy must grow in order for the citizenry and the community to prosper and at the same time, municipal leaders seek to preserve the character of the community amidst the growth. Consequently, the community must assure itself that any development proposed will place the community in a better position to implement its long term developmental goals. Merchants' Pointe Economic Development Plan: Carmel, Indiana Second, infrastructure issues must be foreseen many years in the future in order to accommodate growth. Infrastructure problems must be identified and potential solutions developed in order for an Economic Development Area to be successful on a long term basis. This Economic Development Plan attempts to identify the infrastructure improvements required to support growth in the proposed Economic Development Area, as well as offering the community a mechanism to update the needs periodically. Third, any proposed economic development project needs to be well rooted in public consensus. There will always be honest disagreements among good people. Consequently, for projects to be successful, they must be launched from a platform of consensus where people lacking a direct interest in a specific outcome have already had the opportunity to discuss and debate the issues. If that objective consensus is present, the final discussion involves only the negotiation of details. Finally, an Economic Development Plan must meet the requirements of applicable Indiana statutes. If the planning process can provide economic stimulus to existing and/or new businesses and industries, giving those businesses a competitive advantage in the marketplace, then the Plan should address those opportunities and provide the analysis necessary to assure that benefits accrue to the community. Public opposition is essentially a random phenomenon. Opinions and tempers often run hot with emotion. The Economic Development Plan provides the rational, analytical process by which the community can measure whether a proposed project is consistent with the consensus built through the comprehensive planning process. It is not appropriate for a community to develop planning, land use and zoning recommendations for an area, and then arbitrarily reverse themselves. By virtue of the extensive overall planning effort of the community over the past several years, it is clear that this Economic Development Plan can never be rightly challenged as being incremental, short- sighted, or hastily drawn. An Economic Development Plan, therefore, is an examination of previous economic development policy in light of new proposals. It examines previous planning, proposed land uses, area, and the qualitative context of the development as a means of measuring any current project proposal. In so doing, the ED Plan re- establishes the public policy basis of economic development for the community, objectively tests the project against that basis, and recommends an appropriate level of support for the project. Merchants' Pointe Economic Development Plan: Carmel, Indiana 5 Description of the Area Location of the Proposed ED Area The proposed Merchants' Pointe Economic Development Area (ED Area) is located on the south side of 116`h Street, immediately west of Keystone Avenue. The primary transportation access to the proposed commercial development is provided from 116`h Street. The area is located at the extreme northeast corner of the Woodland Country Club golf course and is to be subdivided from the Woodland Country Club golf course, as considered and approved by the Carmel /Clay Plan Commission and the Carmel City Council. General Description of the Proposed ED Area The Merchants' Pointe ED Area contains approximately 14.4 acres of land, 100% of which is dedicated to use as commercial/business, and which was previously a part of the Woodland Country Club golf course. The annexation territory was previously re -zoned for development as a commercial area by both the Carmel City Council and the Plan Commission. Legal Description The boundaries of the proposed Economic Development Area (ED Area) are described as follows: Part of the North Half of Section 6, Township 17 North, Range 4 East in Clay Township, Hamilton County, Indiana, described as follows: Commencing at the Northwest corner of Section 6, Township 17 North, Range 4 East; thence South 89 degrees 53 minutes 03 seconds East (assumed bearing) on the North line of said Section 6, (being a straight line between said Northwest corner and the Southeast corner of Section 31, Township 18 north, Range 4 East as said corners were monumented with Harrisan Workers on September 23, 1999) a distance of 2265.00 feet to the Northeast corner of WOODLAND GOLF CLUB SUBDIVISION, a subdivision in Hamilton County, Indiana the plat of which is recorded on pages 545 and 546 of Deed Record 136 in the Office of the Recorder of Hamilton County, Indiana, said corner being the PLACE OF BEGINNING of the within described real estate; hence continuing South 89 degrees, 53 minutes, 03 seconds East on said North line of section 6, a distance of 58.41 feet to a point that is 750.00 feet West of the centerline of Indiana State Road 431, (designated as line "E" on I.S.H.C. plans for Project Number S -165 Merchants' Pointe Economic Development Plan: Carmel, Indiana 6 (13), dated 1959 and revised August 3, 1964); thence South 00 degrees 04 minutes 33 seconds West, passing through a I.S.H.C. Right of Way Marker, a distance of 18.01 feet to the Southerly right -of -way line of 116th Street at point that is 20.00 feet South 00 degrees 04 minutes 33 West of survey line "5 -6 -E" on said I.S.H.C. plans; (the following three courses are on said Southerly right - of -way line) 1.) thence South 75 degrees 53 minutes 16 seconds East 103.08 feet to a point that is 45.00 feet South of said survey line "5 -6 -E "; 2.) thence South 89 degrees 06 minutes 20 seconds East 350.04 feet to a point that is 50.00 seconds feet South of said survey line, 3.) thence 87 degrees 03 minutes 42 seconds East 100.13 feet to a point that is 55.00 feet South of said survey line, said Point being on the Westerly limited access right -of -way line of said Indiana State Road 431, per the aforesaid I.S.H.C. plans; thence South 48 degrees 51 minutes 27 seconds East on said right -of -way line 126.28 feet to a Pointe that is 105.00 feet west of line "E" on said plans, thence South 02 degrees 52 minutes 32 seconds East on right -of -way line 200.35 feet, thence South 00 degrees 42 minutes 11 second West on said right -of -way line 347.17 feet; thence North 79 degrees 19 minutes 04 seconds West 1002.87 feet; thence North 33 degrees 33 minutes 52 second West 446.74 feet to the Southeast corner of Lot Number 33 in the aforesaid WOODLAND GOLF CLUB SUBDIVISION, thence North 00 degrees 06 minutes 57 seconds East on the East line of said subdivision 127.00 feet to the place of beginning, containing 14.378 acres, more or less. Land Use within the Proposed ED Area The land use within the proposed ED Area is 100% commercial zoning for the entire 14.4 acres. Immediately east of the proposed ED Area is Keystone Avenue (US highway 431), which is a major, limited access, divided highway. Immediately north of the proposed ED Area is the Merchants Square commercial complex which consists of a mix of commercial land uses, including offices, retail space and outlots. The Merchants Square area represents Carmel's most intense area of commercial development. On the west and south sides of the proposed ED Area lies the Woodland Country Club, which is an 18 -hole golf course and club house. The land for Merchants' Pointe was subdivided from the golf course, with additional land added to the golf course to replace what was subdivided away. The golf course also has single family homes located around it. The Carmel -Clay Plan Commission, as well as the Carmel City Council have already approved the re- zoning for Merchants' Pointe, thus assuring that the proposed land use conforms to the Comprehensive Plan for the community. In addition, the City has approved the petition for annexation which was submitted by the developer and that annexation action is now Merchants' Pointe Economic Development Plan: Carmel, Indiana 7 effective, bringing the Merchants' Pointe area within the incorporated City of Carmel. Other Development Plans In addition to the consideration of suitable land uses, the city of Cannel has been preparing for major expansion of the 116`h Street corridor in this vicinity for some time. The widening of 116`h Street will increase the capacity to handle traffic, thereby increasing the viability of the corridor in supporting commercial development. As such, the Merchants' Pointe re- zoning was very justifiable. In addition to the enhanced traffic capacity, however, the infrastructure support for the widening project must also be enhanced. The increased drainage needs of the widened facility must be accommodated, therefore creating a perfect opportunity for cooperative redevelopment. Since the Merchants' Pointe commercial complex will require drainage facilities, it is entirely appropriate for the public and private interests to cooperate and to consider the investment of public funds (such as Tax Increment Financing) to finance a drainage facility of sufficient size to handle both needs. Conclusions Regarding the ED Area The proposed ED Area is appropriately defined and the opportunity for public /private cooperation regarding drainage and other infrastructure is substantial. The zoning/land uses approved by the Plan Commission and City Council recognize the attributes of the site, especially with regard to high -level transportation and infrastructure access, as well as the location adjacent to the largest commercial area of the City. The high visibility of the ED Area due to the US431 and 116`h Street corridors makes the ED Area suitable for commercial development. An economic development area is expected to have the potential for development as commercial real estate, thereby making the ED Area proposal viable. Perhaps most importantly, however, the opportunity for public /private cooperation is a substantial argument in favor of the designation of an ED Area. The City and the developer both need to improve drainage in the area. By designating the ED Area, such infrastructure needs can be accommodated with substantial savings to both parties. Such Merchants' Pointe Economic Development Plan: Carmel, Indiana 8 opportunities strike at the very heart of the legislative intent of creating economic development areas. Conformity With Other Plans The designation of the proposed ED Area conforms in all respects with the overall plan of development of the community because it is proposed for the specific purpose of implementing the recommendations of the City's transportation plan. It is clear that the City has prepared for the widening of 1l6th Street. The approval of the Merchants' Pointe shopping center enabled the city and the developer to work cooperatively to designate the additional right of way necessary to achieve the widening. In addition, the necessity to improve drainage and other infrastructure service within the area, and along the corridor offers significant potential cost savings if public /private cooperation can be implemented. The Plan Commission and City Council have, by specific action, certified that the land proposed for the ED Area is suitable for commercial development, and have adjusted the comprehensive plan accordingly. The high visibility and transportation access, as well as the location adjacent to a large commercial complex further substantiates the validity of this decision. The ED Plan does not propose any adjustments or alterations to the proposed land uses of the ED Area. Those decision have already been made by action of appropriate authorities. The ED Plan, instead, attempts to set a framework for extending the cooperative effort already invested by the public and private sectors to achieve mutual economic benefits. The creation of an ED Area would establish a financing mechanism to provide economic incentives which would help to assure that the infrastructure systems are sufficient to meet the demands of the community at this location. The final result of these considerations is that the ED Plan conforms in all respects to the comprehensive plan for the ED Area. The ED Plan supports recent adjustments to the comprehensive plan, as well as supporting the implementation of the transportation plan for the area. The CRC is prepared to implement an ED Area which enables the p ublic/ private cooperation to achieve the cost savings opportunity related to cooperative infrastructure development which has been made available. If the ED Area is not approved, the opportunity for cost savings will be lost. Merchants' Pointe Economic Development Plan: Carmel, Indiana 9 Therefore, it is the conclusion of Wabash Scientific, inc., that the ED Plan meets the statutory requirement of conforming to the plan of development for the community. Creation of an Economic Development Area A community may choose to create an Economic Development Area (ED Area) to implement an economic development strategy within an area. As provided in Indiana law, the community can use a number of economic incentives to recruit new business, encourage new development or create new economic opportunities for its citizens, including various forms of public financing such as the use of the County Option Income Tax (COIT) bonds, and tax increment financing (TIF). The creation of an ED Area is part of an overall strategy for implementing a community's economic development plan. This matter is of particular importance with regard to the City of Carmel. The Carmel Comprehensive Plan has noted for some time that the planning area of Clay Township will be fully developed by the year 2020. At such time as full development is achieved, the fiscal growth parameters of the City will be substantially curtailed. The City completed a Fiscal Strategic Plan in 2000 which showed that the amount of undeveloped land east of Spring Mill Road in Clay Township would add less than 20% to the overall development of the City. The impact of this finding is that the City must take extreme care to make certain that its infrastructure needs are well planned and methodically addressed. Once the City has achieved full development, municipal revenue growth will be essentially halted. Consequently, the designation of the proposed Merchant's Pointe ED Area would enable the City to address the infrastructure needs of 116`h Street and Keystone Avenue at this time. The proposed ED Area will be administered by the Redevelopment Commission. The Economic Development Area must be created through approval actions by the Redevelopment Commission, the Plan Commission and the City Council, following the statutory process in IC 36 -7 -14. Creation of an Economic Development Area does not directly result in the issuance of any municipal debt in any form. It does, however, enable the community to issue tax exempt municipal bonds (payable from a number of revenue streams) to pay for those public improvements which would generate and shape economic growth in the Area, and would otherwise implement the economic development strategy for the Area. Merchants' Pointe Economic Development Plan: Carmel, Indiana 10 Any decision on financing, however, is completely separate from the decision to establish an economic development area. It is important to note that the designation of an Economic Development Area includes no powers of eminent domain within the area. Therefore, the Redevelopment Commission will have no power of eminent domain in the Economic Development Area, and may not acquire land without the owner's consent under Indiana law (IC 36- 7- 14 -43). Voluntary acquisition of land, however, is allowable under these provisions. The recommendations contained in this report will not include any proposal for the use of eminent domain by the Redevelopment Commission. However, voluntary acquisition of land by the City for infrastructure improvement purposes may be included so long as the City and the Redevelopment Commission follow the appropriate statutory procedures. This provision should not be construed as any limitation upon the powers of the incorporated municipality to act in partnership with the Redevelopment Commission to implement any project(s). Statutory Requirements The minimum contents of an Economic Development Plan (ED Plan) are set forth in Indiana Code. IC 36- 7 -14 -41 states that: "The (redevelopment) commission may, by following the procedures set forth in sections 15 through 17 of this chapter, approve a plan for and determine that a geographic area in the redevelopment district is an economic development area. Designation of an economic development area is subject to judicial review in the manner prescribed in section 18 of this chapter. (b) The commission may determine that a geographic area is an economic development area if it finds that: (1) the plan for the economic development area: (A) promotes significant opportunities for the gainful employment of its citizens; (B) attracts a major new business enterprise to the unit; (C) retains or expands a significant business enterprise existing in the boundaries of the unit; or (D) meets other purposes of this section and sections 2.5 and 43 of this chapter; Merchants' Pointe Economic Development Plan: Carmel, Indiana 11 1 (2) the plan for the economic development area cannot be achieved by regulatory processes or by the ordinary operation of private enterprise without resort to the powers allowed under this section and sections 2.5 and 43 of this chapter because of (A) lack of local public improvement; (B) existence of improvements or conditions that lower the value of the land below that of nearby land; (C) multiple ownership of land; or (D) other similar conditions; (3) the public health and welfare will be benefitted by accomplishment of the plan for the economic development area; (4) the accomplishment of the plan or the economic P P .>� development area will be a public utility and benefit as measured by: ' (A) the attraction or retention of permanent jobs; (B) an increase in the property tax base; (C) improved diversity of the economic base; or (D) other similar public benefits; and (5) the plan for the economic development area conforms to , other development and redevelopment plans for the unit. (c) The determination that a geographic area is an economic development area must be approved by the unit's legislative body. The approval may be given either before or after judicial review is requested. The requirement that the unit's legislative body approve economic development areas does not prevent the commission from amending the plan for the economic development area. ' However, the enlargement of any boundary in the economic development area must be approved by the unit's legislative body." Findings of Fact This Economic Development Plan will directly address the statutory requirements of 36- 7- 14 -41, as stated previously through explanation of the following findings of fact. 1 Merchants' Pointe Economic Development Plan: Carmel, Indiana 12 1 FINDING #1A: PROMOTES OPPORTUNITIES FOR EMPLOYMENT The measurement of new employment opportunities for potential commercial development is complicated. The proposed job creation of potential industrial development is much simpler to track because the heavy equipment needs and large scale of industrial operations makes it very difficult for industries to re- locate, thus simplifying the quantification of new job opportunities. In commercial development situations, however, businesses relocate and/or go out of business fairly regularly. The cost of moving an office or a retail store is cheaper than that of moving an industry. Consequently, it is not uncommon for commercial businesses to change from one Cannel address to another, for new businesses to emerge, and for other businesses to disappear. Because it is difficult to know how much of the commercial space is occupied by "new" employers, vs. "relocated" employers, it is difficult to specifically quantify "new opportunities for employment." It would not be uncommon for there to be some public debate on such issues from opponents to development proposals. While there could potentially be some argument over precisely how many "new" jobs would be created, as opposed to "relocated" jobs, we find this distinction to be fundamentally academic in this case. In the opinion of Wabash Scientific, inc., any development proposal which conforms to the designated commercial land use for the ED Area will certainly promote opportunities for employment by provinding additional locations for retail and commercial businesses to operate with the city. These might be new businesses seeking to establish a presence in Carmel, or an existing business seeking to strengthen their existing enterprise.. While commercial businesses will turn over as a normal function of the local economy, the provision of additional commercial space in direct proximity to the large concentration of such space at Merchant's Square, coupled with the improved traffic capacity of the 116`h Street corridor and the high visibility of space within the Merchants' Pointe complex, will almost certainly generate new job opportunities within the community. Furthermore, the fact that the Merchants' Pointe site (the ED Area) is currently undeveloped suggests that the requirements of this finding of fact are met. Having stated that caveat, it is equally clear that the proposed ED Area currently provides no employment opportunities, whatsoever. It is now totally undeveloped. Consequently, while there may be the potential for Merchants' Pointe Economic Development Plan: Carmel, Indiana 13 1 debate regarding "how many" jobs will be created, it can be stated with 1 substantial certainty that whatever new commercial development is proposed will generate more jobs than the jobs currently available at this site. As such, it is the finding of this ED Plan that the designation of the ED Area will certainly and categorically generate new opportunities for gainful employment of the citizens of Carmel and the surrounding areas, which conforms to the required statutory finding of fact. FINDING #1B: ATTRACTS MAJOR NEW BUSINESS ENTERPRISE The proposed Merchant's Pointe ED Area has attracted a major new business enterprise in the form of The Linder Company, commercial developers. While the developers are generally only interim employers, it is clear from the successful track record of Linder that their presence as the prime developer enables the proposed development to be marketed to the prime retail chains, nationally. ' Linder has already been successful in redeveloping the Merchants Square commercial complex. Linder's redevelopment of Merchants Square has been hugely successful, despite the fact that, prior to Linder's interest, the shopping center was suffering from severe deterioration and blighting conditions. The economic resurgence of Merchants Square is a clear testimony of the importance of the developer in commercial development projects. , Clearly, the Carmel market has not declined. Household incomes are increasing, as well as population. Expensive new homes are being built throughout the Carmel area and the amount of disposable income available within a 10 -mile radius of Merchant's Square would be the envy of any commercial center. , Despite these obvious economic advantages, Merchant's Square was suffering dramatic decline. It was The Linder Company which mobilized 1 the public and private resources necessary to redevelop the area, restoring Merchant's Square as the central commercial area of the city. The City played a key role in this economic reversal by providing TIF funding for a portion of the project, but it was Linder which marketed the project to national retail chains, convincing those chains that Merchant's Square was a solid place to do business. This clearly demonstrates the importance of the developer's reputation for successful projects. 1 Merchants' Pointe Economic Development Plan: Carmel, Indiana 14 ' 1 FINDING OA: PROMOTES OPPORTUNITIES FOR EMPLOYMENT The measurement of new employment opportunities for potential commercial development is complicated. The proposed job creation of potential industrial development is much simpler to track because the heavy equipment needs and large scale of industrial operations makes it very difficult for industries to re- locate, thus simplifying the quantification of new job opportunities. In commercial development situations, however, businesses relocate and/or go out of business fairly regularly. The cost of moving an office or a retail store is cheaper than that of moving an industry. Consequently, it is not uncommon for commercial businesses to change from one Carmel address to another, for new businesses to emerge, and for other businesses to disappear. Because it is difficult to know how much of the commercial space is occupied by "new" employers, vs. "relocated" employers, it is difficult to specifically quantify "new opportunities for employment." It would not be uncommon for there to be some public debate on such issues from opponents to development proposals. While there could potentially be some argument over precisely how many "new" jobs would be created, as opposed to "relocated" jobs, we find this distinction to be fundamentally academic in this case. In the opinion of Wabash Scientific, inc., any development proposal which conforms to the designated commercial land use for the ED Area will certainly promote opportunities for employment by provinding additional locations for retail and commercial businesses to operate with the city. These might be new businesses seeking to establish a presence in Carmel, or an existing business seeking to strengthen their existing enterprise.. While commercial businesses will turn over as a normal function of the local economy, the provision of additional commercial space in direct proximity to the large concentration of such space at Merchant's Square, coupled with the improved traffic capacity of the 116`h Street corridor and the high visibility of space within the Merchants' Pointe complex, will almost certainly generate new job opportunities within the community. Furthermore, the fact that the Merchants' Pointe site (the ED Area) is currently undeveloped suggests that the requirements of this finding of fact are met. Having stated that caveat, it is equally clear that the proposed ED Area currently provides no employment opportunities, whatsoever. It is now totally undeveloped. Consequently, while there may be the potential for Merchants' Pointe Economic Development Plan: Carmel, Indiana 13 debate regarding "how many" jobs will be created, it can be stated with substantial certainty that whatever new commercial development is proposed will generate more jobs than the jobs currently available at this site. As such, it is the finding of this ED Plan that the designation of the ED Area will certainly and categorically generate new opportunities for gainful employment of the citizens of Carmel and the surrounding areas, which conforms to the required statutory finding of fact. FINDING #1B: ATTRACTS A MAJOR NEW BUSINESS ENTERPRISE The proposed Merchant's Pointe ED Area has attracted a major new business enterprise in the form of The Linder Company, commercial developers. While the developers are generally only interim employers, it is clear from the successful track record of Linder that their presence as the prime developer enables the proposed development to be marketed to the prime retail chains, nationally. Linder has already been successful in redeveloping the Merchants Square commercial complex. Linder's redevelopment of Merchants Square has been hugely successful, despite the fact that, prior to Linder's interest, the shopping center was suffering from severe deterioration and blighting conditions. The economic resurgence of Merchants Square is a clear testimony of the importance of the developer in commercial development projects. Clearly, the Carmel market has not declined. Household incomes are increasing, as well as population. Expensive new homes are being built throughout the Carmel area and the amount of disposable income available within a 10 -mile radius of Merchant's Square would be the envy of any commercial center. Despite these obvious economic advantages, Merchant's Square was suffering dramatic decline. It was The Linder Company which mobilized the public and private resources necessary to redevelop the area, restoring Merchant's Square as the central commercial area of the city. The City played a key role in this economic reversal by providing TIF funding for a portion of the project, but it was Linder which marketed the project to national retail chains, convincing those chains that Merchant's Square was a solid place to do business. This clearly demonstrates the importance of the developer's reputation for successful projects. Merchants' Pointe Economic Development Plan: Carmel, Indiana 14 For these reasons, this ED Plan considers the role of The Linder Company to constitute the "attraction of a major new business enterprise ". While Linder will not be employing those people directly, it is Linder that has risked its financial resources to market the Merchants' Pointe development to national retailers. While those retailers are not yet in place, it is clearly Linder's intent that these major new retail employers will be brought to Merchants' Pointe, as the construction nears completion (4th quarter of 2001). As is often the case of commercial and retail development, these major new business tenant cannot be identified this early in the process, various for reasons, including confidentiality and timing. The Carmel Redevelopment Commission, therefore, is left in the position of either accepting or rejecting the word of the developer that the development proposal will generate major new tenants, which will become the major new employers sought in the statute. It is the assertion of Wabash Scientific, inc., that the reputation of the developer becomes a key matter in such a situation, and the reputation of Linder for delivering the highest quality commercial development product lends credence to the truthfulness of the developer's assertion. There is further evidence of the truthfulness of this assertion in that Linder has conditionally agreed to pay the expenses of creating the ED Area and to guarantee the debt related to the TIF financing for the project. Again, it is the assertion of Wabash Scientific, inc., that the developer would not be likely to agree to bear such significant expenses and liabilities if their statements regarding the attraction of major new businesses were not truthful. Therefore, regardless of the identity of a single, major new business enterprise, the proposed development, as well as the development proposal prior to that, will constitute a major new business development which will obviously seek to attract several major new business enterprises to Carmel. Developers utilize a broad range of market criteria and other factors to identify unmet needs in the business markets. The Linder Company is a top -tier, highly - successful developer which has a consistent track record of successful business development which attracts major new business enterprise to locations throughout the nation. Linder's reputation was proven at Merchant's Square. Therefore, even if one doubts the veracity of the statements regarding the reputation of the developer, it is clear that the proposed development constitutes a significant risk of cash resources Merchants' Pointe Economic Development Plan: Carmel, Indiana 15 intended to attract other major new business enterprises. The profile and visibility of the ED Area are so ideally suited to retail/commercial development that Wabash Scientific, inc., is therefore fully comfortable with the prospect that the commercial development of ED Area will attract one or more major new business enterprises, thereby meeting the statutory requirements of this finding of fact. FINDING #1 C RETAINS OR EXPANDS A SIGNIFICANT (EXISTING) BUSINESS The City of Carmel has been highly successful in attracting growth - oriented business enterprises at all levels: from very small businesses to regional and national headquarters. In fact, the area immediately north of the proposed Merchant's Pointe development has successfully attracted major new retailers which had never before sought locations in Carmel, despite the obvious demographic advantages of the market. It is common for growing businesses in high - visibility locations to require new retail space. At the same time, a redevelopment effort such as the one undertaken for Merchant's Square, often displaces marginal retailers which were previously located in the old property, but could not afford the rents after redevelopment. Carmel is home to literally dozens of such growing companies, and the Merchant's Pointe development proposal would provide flexible space to retain or expand these significant businesses along the 116``' Street and Keystone Avenue corridors. In addition, it is common among retailers to make decisions based upon the actions of their direct competitors. In fact, some retailers might well ignore a location opportunity for various reasons, yet become interested in that same location when they later find that their competitors have located nearby. For example, retailers specializing in certain markets or products might approach the decision of opening new stores in very different ways. One might aggressively seek new store locations in markets with certain demographic characteristics, while another might simply follow the lead of their primary competitor. While each location decision is idiosyncratic, it is the expertise of the developer (in this case, Linder) which is pivotal in knowing the productive approach to these retail decision - makers. It is projected that the Merchants' Pointe commercial complex will succeed in retaining or expanding small- to mid -sized retail establishments which have outgrown their existing locations and might otherwise be lost to the Carmel market. Linder's previous experience at Merchants' Square clearly proves that the developer knows the names and needs of local retail Merchants' Pointe Economic Development Plan: Carmel, Indiana 16 businesses and is willing to market their product directly to those interests. It is therefore the determination of Wabash Scientific, inc., that the proposed Merchants' Pointe retail development (also the proposed ED Area) meets the meets the statutory requirement of retaining or expanding significant business enterprises in Carmel. FINDING 1D: ...MEETS OTHER PURPOSES OF THIS (STATUTE) This is a broad and vague statutory provision, which is often avoided due to its lack of structural definition; however, meeting "other purposes of this chapter" is a specific finding of this ED Plan. In this case, the "other purposes of this chapter" constitute the unique opportunity for bi- lateral cost savings through cooperation and coordination of the private and public sector projects. As stated elsewhere, the City of Carmel has a stated intent to widen and otherwise improve the 116`h corridor to enhance its capacity to handle traffic loads. This will require the acquisition of land for corridor widening, as well as further acquisition of land and construction of support facilities for drainage facilities. At the same time, the developer will need to meet the development standards requisite for a commercial development at this location, including ingress /egress facilities, acceleration/deceleration lanes, and stormwater retention/drainage facilities. By combining the interests of the public and private sectors through the designation of an ED Area, it is projected that both the City and the developer have the potential to enjoy substantial cost savings in addressing their respective needs. Clearly, the wording of the statute is broad, thereby deliberately creating a wide opening for project justification. When comparing this statutory provision with the other provisions which are much more explicit, it is clear that the Legislature intended the vague wording to allow communities to deal with a broad range of specific idiosyncracies which could not be otherwise reliably quantified. It is the contention of Wabash Scientific, inc., that the circumstances cited above directly address this statutory finding and meet the parameters therein. Merchants' Pointe Economic Development Plan: Carmel, Indiana 17 FINDING #2A: LACK OF LOCAL PUBLIC IMPROVEMENTS The lack of public improvements is one of the primary reasons that the designation of the ED Area is so important to the long -term interests of the City of Carmel and the CRC. The transportation plan for the City clearly shows that the 116`h Street corridor must be improved to handle additional traffic flows. The City currently has plans to implement public improvement projects to meet these needs. At the same time, the development standards for the Merchants' Pointe proposal creates a cooperative synergy which could result in substantial cost savings for both the City and the developer. The access design standards for the commercial development will require the developer to dedicate right of way for future thoroughfare needs, as well as providing acceleration/deceleration lanes and ingress /egress facilities. In addition to transportation access design standards, the commercial development will be required to provide runoff control and drainage facilities. By cooperation and coordination, both the public and the private sector needs can be met with potentially significant cost savings. The widening of 116`h Street will be facilitated by the dedication of additional right of way from Merchants' Pointe, and the reconstruction of the golf course to include additional land owned by the Country Club, but previously undeveloped. Without the Merchants' Pointe proposal, the acquisition of land from the golf course would have caused significant impact to the golf course, resulting in land acquisition cost increases for the City. Secondly, the improvements to 116`h Street subsequently generate a need for enhanced drainage facilities related to the widened roadway. The drainage facilities provided to serve Merchants' Pointe can be enlarged/enhanced to accommodate these needs, thereby enabling the City to enjoy significant savings, while simultaneously reducing the development costs for the developer. Third, the designation of an ED Area enables the CRC to approve TIF financing for the necessary public improvements, thereby reducing the cash demands of the project against the municipal budget. The prospect of a TIF bond also reduces the net cash obligations of the developer, through reduced interest costs, as well as other cash flow benefits. The Merchants' Pointe proposal represents an intersection of mutual interests and benefits by both the public and the private sectors. If the Merchants' Pointe Economic Development Plan: Carmel, Indiana 18 Merchants' Pointe development was not proposed at this time, it would be very difficult and expensive for the City to meet all of its needs related to the local public improvements to the 116`h Street corridor. By cooperating with the developer, both entities will enjoy project cost savings even while the local infrastructure needs are fully met. The designation of the proposed Merchants' Pointe ED Area will enable the City to generate important improvements to the local infrastructure, thereby meeting this statutory requirement. FINDING #2B: PROTECTS PROPERTY VALUES This assertion is a constant source of public debate. Anyone who regularly attends the meetings of plan commissions in Indiana becomes painfully aware that opponents to a development virtually always argue that the proposed development will have an adverse impact on the property values of the neighbors to the proposed development. In a recent case before the Carmel /Clay Plan Commission, opponents argued that a development proposing homes in excess of $1 million would have an adverse impact on the value of their homes nearby. Similar arguments are made in cases where the development proposal includes business development adjacent to residential areas. It is difficult to substantiate such fears, and it is equally difficult to debate the issue with passionate advocates. The case of the Merchants' Pointe development, however, has less of a problem in that regard. While there was some opposition to the re- zoning necessary to promote the commercial development, it was clear during that process that even the opponents understood that the traffic volumes and existing land uses at 116`h Street & Keystone Avenue justified commercial development in this location. The presence of a revitalized Merchant's Square shopping center immediately across the street has already stabilized property values in the area. The expansion of the commercial area to include Merchants' Pointe should further protect surrounding land values. In addition, the presence of Merchants' Pointe at this location should reduce the pressure to develop additional commercial property in other areas, thus helping to maintain property values in other areas where potential land use conflicts could arise. Finally, it is important to note that a retail development in this location is consistent with the land use patterns of the area, and increases the value of the land dedicated to the new commercial development, which is consistent with this statutory finding of fact. The statute states that the designation of the ED Area is necessary due to the "existence of Merchants' Pointe Economic Development Plan: Carmel, Indiana 19 improvements or conditions that lower the value of the land below that of nearby land." The redevelopment of 14.4 acres of a golf course which is located on one of the hottest commercial corners in Carmel directly meets this statutory finding. The "improvements or conditions" that exist with the golf course in place means that the intersection is actually under- developed, especially in comparison to the value of land directly across the street at Merchant's Square. By redeveloping this 14.4 acre parcel, the value of this land is brought squarely into alignment with the "value of nearby land, "as designated in the statute. This benefit is further amplified when considering that the relocation of these golf course facilities to accommodate the Merchants' Pointe development has resulted in the revitalization and renewal of the Woodland Country Club golf course, itself. The reconfiguration of the golf course provides the opportunity to refresh an aging facility, thus revitalizing its value to its members, and the general public. If the net impact of the Merchants' Pointe development on the golf course would have been anything less than substantially positive, it can be safely assumed that the club would have never sold the land to Linder in the first place. For these reasons, Wabash Scientific, inc., would suggest that there is sufficient market data to indicate that the continuation of the current development pattern of providing commercial development near the intersection of 116`h Street and Keystone Avenue would support increased property values within the ED Area, as well as in surrounding areas, thereby meeting the requirements of the statute in this regard. FINDING #2D: "OTHER SIMILAR CONDITIONS" As in the case of finding #1D (above), the Legislature again chose to provide broad wording that would enable a potential ED Area designation to respond to idiosyncratic local conditions through wording such as "other similar conditions." This statutory finding is contained within the section of the statute relating to the inability of the community to meet the needs of the area through normal operation of private business or through regulatory processes. In the case of the proposed Merchant's Pointes ED Area, the "other similar conditions" would be the convergence of the public and private sector opportunities to fully meet the development standards of the area at a substantial savings in cost As noted in several other parts of this ED Plan, Merchants' Pointe Economic Development Plan: Carmel, Indiana 20 the opportunity for public and private sector cooperation and coordination could lead to substantial sharing of assets which would generate a mutual economic benefit to both parties. It is the contention of Wabash Scientific, inc., that such opportunities for mutual, public /private benefit is the direct intent of the statute with regard to this finding of fact. If each of the cooperating parties were to pursue their individual needs separately, the technical needs of each would likely conflict and the costs to both would increase. By cooperating through the designation of the ED Area, this finding is statutorily justifed. FINDING #3: THE PUBLIC HEALTH AND WELFARE WILL BE BENEFITTED The issues of health and welfare are fairly easy to define for the proposed ED Area. It is clear that the purpose of the ED Area designation is to promote the development of the area in accordance with the land use parameters of the city's comprehensive plan, as well as in accordance with the demographic attributes of the site. The combination of these considerations suggests that commercial development of the proposed ED Area is appropriate. It is equally clear that new commercial development will generate new jobs, and the creation of new job opportunities inherently benefits the welfare of the community at large. Beyond the simple issue of job employment and promotion is an amplifying factor in the case of this particular community and this particular ED Area. The area directly north of the proposed Merchants' Pointe ED Area is already occupied by a very successful commercial redevelopment project. This is not a complex full of off -price merchandise benefitting from below - market rental rates. The redevelopment project undertaken by Linder at Merchant's Square has generated bona -fide, cutting edge retailers with a specific interest in Carmel's demographic markets. By revitalizing this retail area, Linder restored the area that is the de -facto retail center of Carmel. Current occupants of the existing space include some of the region's leading retailers. Therefore, it can be appropriately stated that the welfare of the community is served not only by the simple creation of new opportunities for gainful employment, but additionally benefitted by the creation of high - quality retail space in an area that was suffering substantially from blighting influences. All of these Pointes add up to a major benefit to the overall economic welfare of the Carmel community, in and of themselves. Merchants' Pointe Economic Development Plan: Carmel, Indiana 21 The designation of the Merchants' Pointe ED Area will expand the economic impact of the Merchant's Square revitalization. The high - visibility location of Merchants' Pointe and the demographics of the Carmel market will enable a greater percentage of the disposable income of the community to be captured within the City's corporate limits, thus again directly benefitting the economic welfare of the City. Finally, the potential public and private cost savings and other economic benefits gained through cooperation and coordination provides yet another benefit to the overall fiscal welfare ofthe community at large. Based on these considerations, it is the finding of this ED Plan that the proposed designation of the ED Area will directly benefit the health and welfare of the community. FINDING #4A: THE PLAN WILL INCREASE THE PROPERTY TAX BASE It is unquestionably clear that the implementation of this ED Plan will increase the property tax base of the City of Carmel in at least three ways. First, the redevelopment of the Merchants' Pointe parcel of 14 acres from green/recreational space to an upscale commercial development will clearly generate additional Net Assessed Value (NAV) for the incorporated City. The NAV assessment rates for commercial areas is substantially higher than that of recreational space, thus generating a substantial increase in the property tax base. Second, this increase in the property tax base is achieved without a net loss of recreational space. Although 14 acres of recreational land was removed from the community, this recreational acreage was replaced when the golf course was reconfigured to include additional land along Westfield Boulevard which was previously undeveloped. In so doing, the viability of the golf course was not compromised by the removal of the 14 acres. Third, the City increases its property tax base through annexation. The Merchants' Pointe parcel was previously outside of the corporate limits of the city of Carmel and it was only annexed within the last few months. This annexation action brings new land — and subsequently new taxable property and property tax revenues — into the incorporated city, thereby creating an increase in the property tax base of the City. Merchants' Pointe Economic Development Plan: Carmel, Indiana 22 The net result of these three considerations is that the proposed ED Area meets the parameters of this statutory finding of fact. FINDING #4B: ATTRACTION OR RETENTION OF PERMANENT JOBS There are several levels of understanding to this finding of fact. On the most general level, research was performed into the Comprehensive Plans of the towns of Westfield and Sheridan (both located north of Carmel and served by the US3 1 corridor) and the City of Tipton, as well as the Carmel Comprehensive Plan. Each of these plans approaches the issue of development from the individual perspective of that specific community and its needs. However, in all of these plans there is an over -riding uniformity of one finding — that the City of Carmel has emerged as a regional employment center. In reaching that conclusion, the developmental patterns of all of these cities were affected. The jobs located in Carmel provide significantly reduced commuting time and enabled residents of communities farther north to work in Carmel, as well as providing those communities to potentially attract various forms of new development in support of this employment shift. The Carmel Comprehensive Plan makes several specific citations of the fact that north- bound traffic on US3 1 was increasing at a significantly higher rate than south bound traffic, which supports the fact that Indianapolis people are increasingly traveling to Carmel to work and that population/labor dynamics are shifting north. The proposed ED Area is located at 116`h Street & Keystone Avenue. The Merchant's Square commercial complex immediately north already provides a broad range of permanent and temporary, full -time and part- time jobs. It is projected that Merchants' Pointe will provide precisely the same economic benefit at a proportionate scale. The success of Merchant's Square — despite the previous negative image of the blighted retail area — should be interpreted as substantial proof that the Merchants' Pointe commercial development (to be undertaken by precisely the same developer — The Linder Company) will also provide permanent jobs within the Carmel community. Consequently, it is the finding of Wabash Scientific, inc., that the proposed ED area meets the statutory requirements of this finding of fact. FINDING #4C: IMPROVED DIVERSITY IN THE ECONOMIC BASE Diversity in the economic base of the community is essential to the fiscal health of a municipality. As a developmental matter, the City of Carmel is primarily served by two major highway corridors: Meridian Street (US31) Merchants' Pointe Economic Development Plan: Carmel, Indiana 23 and Keystone Avenue (US431). Aside from these north -south corridors, the City is served by secondary east -west corridors including 116`'' Street and 131' Street. The intersection of 116th Street and Keystone Avenue has historically been considered Carmel's primary commercial area. The proposed Merchants' Pointe commercial development takes advantage of this prime location. In addition to location, one must consider demographics when considering a proposal for a commercial development. To be succinct, Carmel has one of the strongest demographic patterns in Indiana, as well as one of the strongest in the entire Midwest. The income and resident wealth in the City of Carmel generates levels of disposable income which rivals that of much larger cities. The level of disposable income in Carmel carries a direct benefit in that the City can support more retail space, with higher - priced inventory. The Merchants' Pointe commercial development proposal intends to address both of these significant advantages, which are key issues in commercial development. The Merchants' Pointe development will be capable of attracting new retail interests, with different products, thus increasing the diversity in the economic base of the community. The designation of the proposed ED area will help to further diversify the economic base of the community by providing new facilities in which new and existing businesses can grow and flourish. In the process, some businesses will relocate or cease to exist, as is common in every economy in the world. This does not in any way diminish the interests of the community at large in the importance of economic diversification. The proposed Merchants' Pointe commercial development (which constitutes 100% of the proposed ED Area) will directly assist the community in diversifying the retail portion of its economic base. As such, it is our conclusion that the proposed ED area meets the parameters of this statutory environment. Conclusions The narrative presented above adequately demonstrates that the proposed ED Area meets all five of the statutory requirements of IC36- 7- 14 -41. Furthermore, it is the conclusion of Wabash Scientific, inc., that the opportunity for mutual cost savings related to infrastructure improvements increases the urgency of the ED Area designation. For these reasons, Merchants' Pointe Economic Development Plan: Carmel, Indiana 24 Wabash Scientific, inc., concludes that the proposed Merchant's Pointe Economic Development Area complies with the requirements of Indiana statute, and that the designation of the ED Area is critical to the interests of the community at large. Recommendations Based upon the above considerations, it is the recommendation of Wabash Scientific, inc., that the Redevelopment Commission establish the Merchant's Pointe Economic Development Area as a tax allocation area for purposes of offering economic incentives for infrastructure improvements. Economic Development Strategy The Strategy for promoting development within the ED Area is straightforward. If the ED Area is established, as recommended, through the sequential approvals of the Plan Commission and the City Council, the strategic elements would be generally suggested as follows: 1. The Redevelopment Commission takes no formal position with regard to the endorsement or approval of any development proposal. Such decisions are left entirely and respectfully to the plan commission and city council, as authorized by statute. 2. The Redevelopment Commission will consider the use of economic incentives for the purpose of providing the ED Area with infrastructure services sufficient to meet the current and future needs of the ED Area, both public and private. 3. Consideration of providing economic incentives for the development of infrastructure systems /facilities shall be considered separately from any other decisions, especially those of other duly authorized bodies, such as the plan commission, board of works or city council. 4. Any decision to offer economic incentives as proposed will be undertaken in full cooperation with all appropriate bodies of the City. 5. The decision to offer any TIF incentive may be undertaken based on a specific development proposal, especially with regard to the capture of mutual cost - saving opportunities related to infrastructure improvements by the City and the developer. Merchants' Pointe Economic Development Plan: Carmel, Indiana 25 Proposed Projects The following is intended to serve as a general list of the types of projects to be considered for funding using the financial incentives afforded through the establishment of an ED Area. In conjunction with the above narrative, these projects are directed primarily toward assuring adequate infrastructure service to the ED Area for the foreseeable future. 1. Thoroughfare improvements (est. cost $0.5 to $1.5 million) Thoroughfare projects are anticipated to include street widening, intersection improvements, traffic control facilities, corridor landscaping/ aesthetic enhancements, curbs, gutters, and other such improvements to the driving pavement, as well as right of way. It is anticipated that such improvements will be needed on 116`h Street, with minor work along Keystone Avenue, however, other improvements may be identified. 2. Utility enhancements (est. cost $1.0 to $2.0 million ) Utility enhancement projects are anticipated to include such things as utility burial and enhanced utility service, increases in sewer and water lines, and drainage enhancements, as well as other possible improvements. The precise scope of any public funding should be determined by the CRC in conjunction with the appropriate city officials. In these discussions, the explicit details of those improvements which are appropriate to the public interest should be finalized and presented to the public, as well as the conclusions of the Financial Advisor as to the financial capacity of the project to support such expenditures, as part of the financial packaging for the project. List of Parcels The list of parcels presented below represents information taken directly from the property tax assessment cards obtained from the Hamilton County Auditor in November, 2000. PARCEL # OWNER acres `impr. sq.ft. *NAV (as of 11 -00) 17- 14- 06- 00 -00- 001.000 ( pt) (part of Woodland County Club Linder Realty 14.4 0 ( Est). $7200 Merchants' Pointe Economic Development Plan: Carmel, Indiana 26 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 *This data is not yet available from the Hamilton County Auditor. The subdivision of the Woodland Golf Course to create the Merchants' Pointe parcel has not been officially recorded in the Auditor's files and maps, and the property has not been re- assessed to reflect that subdivision. The estimated NAV is based on a value of $500 per acre for 14.4 acres of undeveloped land, as existed on March 1, 2001. All data should be verified by the Financial Advisor prior to any public financing action. /MrPt edplan dra Merchants' Pointe Economic Development Plan: Carmel, Indiana 27