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October 5, 2004
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Ms. Stephanie Blackman
Subdivision Review Committee
Caucus Rooms
One Civic Square
Carmel, IN 46032
RE: Proposal Amendments Concerning the US 421 Corridor Overlay Zone
Dear Members:
I am unable to attend the October 4, 2004 Subdivision Committee meeting and;
therefore, I am submitting this letter in my absence. Browning Investments, Inc. is the
owner of a 22 acre parcel located north of 106 Street on US 421. Our company opposes
certain opponents of the proposal amendment as follows:
Section 23C.8.2, 18.2, 10.3:
The modified requirements of these sections include the designation of an
additional 15 feet along Michigan Road, as greenbelt, in addition unused
landscaping requirements. In our experience with Mayflower Park, the existing
landscaping already adheres to a high level of standard and adequately
complements the ordinance. Adhering to the existing standard comes with great
expense and should not be taken lightly by the Commission. By adding a 14%
increase in Greenbelt and increasing the size of foundation planting areas and
increased density of planting material, land owners will be forced to absorb
significant costs or experience lower property values associated in their real estate.
Section 23C.11; Paragraph F: One row of parking in the front yard set- back is
simply not adequate for retail businesses and will eliminate many potential users.
Section 23C.11; Paragraph G: The requirement which specifies that a minimum of
10 spaces is necessary for restaurant drive -thru facilities creates an impossible
threshold to meet. There are no protypical site plans which can accommodate 10
spaces behind the structure itself. Here again, I believe this modification would
simply eliminate the use in the Corridor.
6100 West 96th Street, Suite 250 Indianapolis, Indiana 46278 Phone (317) 344 -7300 Fax (31 7)'3 14 7 0
www.browninginvestments.com j
Section 23C.11; Paragraph H:
The 3 year prohibition of drive -thru facilities is exceptionally punative. Besides the
negative effect on the value of our real estate, I believe the result of this particular
clause will change the profile of Michigan Road forever. The existing Ordinance
has conceived quality strctures for Bank One, Fifth Third Bank, Applebee's, Charter
One and Bank of Indianapolis. Besides their role as good community partners, they
have all adhered to excellent architectural standards which has dramatically
improved the face of the Michigan Road Corridor. By eliminating drive -thru
facilities, the Plan Commission will eliminate 70% of these potential users in the
Corridor. I belive the unintended consequence will be the creation of strip center
developments on the frontage parcels. These developments are higher in density,
parking requirements and traffic.
Lastly, I am told that the intent of the prohibition of drive -thru facilities is to alleviate
traffic congestion on Michigan Road. I think it is important for this Committee to
consider the upcoming changes in the area which will dramatically affect traffic on
Michigan Road. First, the INDOT project will expand Michigan Road from south of
106 Street to the north of 116 Street. Second, the Duke project will improve the
ancillary road system and improve 96 Street. Our proposal, which has received
Carmel Planning Staff support and INDOT support, creates an ancillary road
system specifically to relieve pressure from Michigan Road. Here, property owners
have taken upfront measures to address traffic concerns along the Corridor prior to
filing any development plans. I think the Subdivision Review Committee ought to
really understand these changes and our proposals before implementing this
proposed amendment.
As you are aware, our real estate is part of the proposed annexation plan. While
we are generally in favor of annexation, the effect of the value of our property
related to this ordinance change, in addition to the proposed tax increase related to
annexation, gives us reason to pause. Therefore, 1 respectively request that you
consider these measures the careful consideration they deserve.
Sincerely,
66 11)
James W. Browning
Vice President
Real Estate Developmentj
cc: Dan Dutcher
Dianna Knoll
Rick Ripma
Susan Westermeier
SCANNED
DREWRY SIMMONS VORNEHM, LLP
A T T O R N E Y S
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8888 Keystone Crossing, Suite 1200 Indianapolis, Indiana 46240 (317) 580 -4848 telephone (317) 580 -4855 facsimile www.drewrysimmons.com
Mark T. Monroe
Email: mmonroe@drewrysimmons.com
September 29, 2004
Via hand delivery
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Carmel Plan Commission DQC $jk jam/
Subdivision Committee
City of Carmel
One Civic Square 1
Carmel, Indiana 46032
RE: Michigan Road Overlay Zone Ordinance Amendments
DSV No. 4285.005
Dear Committee Members:
I represent Kite. Michigan Road, LLC "Kite owner and developer of the Weston Park
project located at the southwest corner of Michigan Road and 106 Street in Clay Township.
Weston Park consists of 15 acres of commercial ground to be developed as a retail and office
development. Currently two bank projects are under construction at the southwest corner
including the National City Bank as well as the National Bank of Indianapolis. Earlier this year,
Kite received approval for a development plan consisting of approximately four acres at the
corner of 106 Street and Michigan Road, as well as approval for a secondary plat of the overall
15 -acre project. Kite is moving forward with plans to develop and construct a project between
the two bank projects as well as the remaining ten acres to the west of the two bank projects.
Kite has become aware of the proposal to further amend the Michigan Road Highway 421
Overlay Zone Ordinance, filed as Docket No. 04070027. Kite wishes to participate in the
discussion of the amendments to be held at the subdivision committee meeting on October 5,
2004 and any other subsequent meetings of the Committee, Plan Commission or City Council.
Kite, after reviewing the proposed amendments, poses the following questions to the
committee:
1) What is the purpose for the proposed amendments?
'NED
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Carmel Plan Commission
September 29, 2004
Page 2 of 2
2) Who is the author of the proposed amendments?
3) Several of the amendments in the proposed ordinance deal with landscaping; is there
an overall concern that the landscaping within the district is inadequate?
4) The Michigan Road Overlay Zone Ordinance has been amended recently in 2004 as
well as in 1998. How do the previous amendments address issues being addressed at
this time?
Kite wishes to bring to the Committee's attention that the Michigan Road ordinance is
already one of the most difficult ordinances within the Carmel Zoning Ordinance to comply with
as well as the strictest in its standards. We ask the Committee to notify all property owners
within the district of the proposed amendments as the amendments will greatly affect the
viability of existing businesses as well as the feasibility of future development within the district.
Also, any amendments to the ordinance should be initiated after a plan is put together for the
overall Michigan Road area.
Kite looks forward to participating in the committee discussions as they will be present at
the October 5, 2004 committee meeting. If you have any questions regarding these comments,
please do not hesitate to contact me at (317) 580 -4848.
Sincerely,
DREWRY SIMMONS VORNEHM, LLP
d -1 //40. -mac
Mark T. Monroe
MTM /ad
cc: Remaining Carmel Plan Commission members
Ramona Hancock, Plan Commission
Mike Hollibaugh, Carmel DOCS
SCANNED
Babbitt, Pamela A
From: Butler, Angelina V
Sent: Thursday, July 22, 2004 2:11 PM
To: Babbitt, Pamela A
Cc: Morrissey, Phyllis G; Pattyn, Dawn E; Tingley, Connie S; Hollibaugh, Mike P; Keeling,
Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Dobosiewicz, Jon C;
Pohlman, Jesse M
Subject: Docket No. Assignment:(OA) Amendment, US 421 /Michigan Rd Ordinance (04070027 OA)
Pam,
Please print and fax this e -mail to the petitioner identified below and update the files. I have issued the necessary
Docket Number for (OA) Amendment, US 421/Michigan Rd Ordinance. It will be the following:
Docket No. 04070027 OA $0.00 (exempt)
Total Fee: $0.00
Docket Nos. 04070027 OA: Amendment, US 421/Michigan Rd Ordinance
The applicant seeks to amend Chapter 23A of the Carmel /Clay Zoning Ordinance.
Filed by the Carmel Depait,nent of Community Services.
Petitioner, please note the following:
1. This Item will not be on an agenda of the Technical Advisory Committee (TAC).
2. Mailed and Published Public Notice needs to occur no later than Friday, August 6. Published notice is required
within the Indianapolis Star.
3. Proof of Notice will need to be received by this Depai tiiient no later than Noon, Friday, August 13. Failure to
submit Proof of Notice by this time will result in the tabling of the petition.
4. The Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary Ramona Hancock no
later than NOON, Friday, August 6. Failure to submit Informational Packets by this time will result in the tabling of the
petition to the Tuesday, September 21, agenda of the Plan Commission.
5. The Item will appear on the August 17, 2004 agenda of the Plan Commission under (Public Hearings).
6. The Item will also appear on the Tuesday, Sept. 7 agenda of the Plan Commission Special Studies Committee.
Please contact Jon Dobosiewicz at 571 -2417 (Fax :571 -2426) with this information. Once the file is updated (copy of
fax filed) please return it to Jon's office.
Thank you,
Angie