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Home My WebLink AboutPacket 11-03-10WALNUT CREEK DRIVE EXTENSION UTILITY INFRASTRUCTURE Docket No. 10080013 DP Amendment 9805, 9807 North Michigan Road 3746 West 98 Street Carmel, Indiana 46032 November 3, 2010 Carmel Plan Commission Special Studies Committee Applicant: Bill Armstrong Consultant: Brian S. Cross, P.E. CiviI Site GROUP, INC 643 Massachusetts Avenue Suite 200 Indianapolis, IN 46204 Phone: 317- 423 -3305 Fax: 317- 423 -3306 1. Explanation of Request 2. Supplemental Information TABLE OF CONTENTS A. West Carmel Marketplace Plat, Sept. 2006 (Page 4 of 5 in two parts) B. Re -Plat of Block "H" West Carmel Marketplace Plat, Dec. 2006 (Page 1 of 3 in two parts) C. Current Deed for Block "H" West Carmel Marketplace D. Letter of Support from Bill Armstrong to Carmel DOCS, July, 2004 E. Letter from Bill Armstrong to Mike Hollibaugh, Carmel DOCS, June, 2008 F. Letter from Casto Legal Counsel to Bill Armstrong's Counsel, Steve Glazier, Feb., 2010 G. Letter from Mike Hollibaugh, Carmel DOCS, to Casto, September 15, 2010 H. Email from Lou Visco, West Carmel Marketplace Owners Assoc. to Angie Conn, October 12, 2010 I. Email from Linda Swearingen, Casto Exec. V.P. Asset Management to Steve Glazier, October 18, 2010 J. Email from Bill Armstrong to Linda Swearingen, October 21, 2010 K. Email from Linda Swearingen to Bill Armstrong, October 21, 2010 L. Steve Glazier Email Noting Telephone Conversation with Lou Visco, October 21 M. Declaration of Development Standards Covenants, Easements Restrictions for West Carmel Marketplace (Page 9, Section 4.11) N. Declaration of Development Standards Covenants, Easements Restrictions for West Carmel Marketplace (Exhibit A Common Roadway) O. Chapter 23c: Us Highway 421 Michigan Road Corridor Overlay Zone (23.C.13) 3. Development Plan Sheet C2.0, Dated 8/20/10, Revised 10/14/10 EXPLANATION OF REQUEST Bill Armstrong is desirous of constructing the extension of Walnut Creek Drive from the West Carmel Marketplace Development (i.e. Home Depot, Kohl's, Burger King, Retail Shops) to West 98 Street. Mr. Armstrong has ownership interest in approximately 3.26 Acres of property more commonly described as: Combining Lots 1, 2, 3 of North Augusta Subdivision (D.R. 132, Page 446 -447); Lot 63 of North Augusta Subdivision 2n Section (D.R. 134, Page 411 -412); Block H of West Carmel Marketplace (Secondary Re -Plat of Block H Instrument No. 2006 -74178 In Pc 4, Slide 208) Mr. Armstrong is seeking Development Plan (DP) Approval to construct a 36 -foot wide curbed access drive to complete the intended North /South connection of Walnut Creek Drive to West 98 Street. In addition, a right turn only driveway entrance is pending application approval with INDOT and is shown for reference on Sheet C2.0- Development Plan. The overall site is approximately 3.26 acres in size; however, the proposed construction will be disturbing around 0.75 acres. Existing dwelling structures were removed from the site in the Fall of 2009. The proposed improvements will consist of the relocation /removal of existing utilities, construction of the Walnut Creek Drive extension along with the associated drainage and utility infrastructure, and the right turn only driveway entrance from Michigan Road. The site location is outlined on the aerial photograph attached. The site is zoned B3 Michigan Road /US 421 Overlay Zone. Mr. Armstrong owns the Block "H" property located within the West Carmel Marketplace Subdivision and is subject to the Declaration of Development Standards Covenants, Easements Restrictions including payment of assessments to the governing association for common area maintenance within West Carmel Marketplace. The request for DP Amendment approval is fully detailed in this submittal. We have been in communication with DOCS Staff and Carmel Engineering prior to the Plan Commission hearing in an effort to identify and address all departments' comments. I look forward to presenting this request on November 3, 2010. Respectfully, E .442.K. Brian Cross, P.E. 02/12/2009 11:09 real 3179if4OZ4U IN WITNESS WHEREOF, Grantor has caused this Limited Warranty Deed to be executed this 2 lay of January, 2009. STATE OF GEORGIA SS: COUNTY OF GW;tNNBTT Before me, the undersigned, a Notary Public, personally appeared Angela Hsu, by me known to be the Vice President Legal and Assistant Secretary of Duke Business Centers Corporation, an Indiana corporation, the general partner of Duke Construction Limited Partnership, an Indiana limited partnership, who acknowledged the execution of the foregoing on behalf of said partnership. WITNESS my hand and Notarial Seal this 2tiay of 000 KW %1 Sti: 14186.5‘1 S 1:1 My Commission Ex@rev fl o 'V m My County of Reside This instrument was pr .After recording return to: .Send tax bills to: r LKoL -annm. uary -I11L6 DUKE CONSTRUCTION LIMITED PARTNERSHIP, an Indiana limited partnership By Duke Business Centers Corporation, an Indiana corporation, its sole general partner By: akttl"' Name: Angela Title: Vice President J. nary, 2009. 4�s '[fi o ary Pu tc [.'GLJ tite... (Printed Signature) „p if d?LiC .nn Kustoff, Esq. fonan Duke Realty Corporation 3950 Shackleford Road, Suite 300 Duluth, Georgia 30096 I affirm, under the penalties for perjury. that 1 have taken reasonable care to redact each Social Security number in this document, unless required by law. Ann Kustoff, Esq. First American Title Insurance Company Chicago National Commercial Services 30 North LaSalle Street, Ste. 2700 Chicago, IL 60602 Attn: Martha Reyna cio Armstrong Real Estate Investments 10654 Sunset Point Lane Fishers, IN 46037 .p.9 vvur ,eaa 02/12/2009 11:06 FAX 3176848239 P`1H�'1'— Ab1tiKlLAIV— l'1'1'Ln EXIT A Block "H" in the Secondary Re -Plat of Block H West Carmel Marketplace, in Hamilton County, Indiana, recorded December 14, 2006, as Instrument No. 2006074178 in Plat Cabinet 4, Slide 208, in the Office of the Recorder of Hamilton County, Indiana and corrected by Certificate of Correction recorded August 31, 2007 as Instrument No. 2007050053, aforesaid records. I vva1 utt VT 'EE' d Ju ly 21, 2004 Mr_ Jort Dobosiewicz Planning Administrator Department of Community Service One Civic Square Cannel, IN 46032 Re: West Carmel Marketplace Docket No, 04050028 DP/ IDES ,gear Mr, Dobosiewicz: Armstrong Developments, Inc. As an. abutting neighbor of subject development,1 want to tend my support for the city's approval of this impotent development on C'armel's west side. Duke Realty professionals have done a commendable job in planning and have a long history of excellence in execution of their plans. As the owner of the abutting 2 acres at the northeast comer of W. 98 Street and Michigan Road, l have briefly discussed my desires to help provide for the extension of their frontage road to 98 Street. In addition, because of potential drainage problems throughout the .North Augusta neighborhood, lam planning to explore mutually beneficial cooperation with Duke to ease these problems. I am hopeful that the City will see the immense benefit to the citizens of West Carmel by approving this tine development to ix: accomplished by such a %veil respected company as Duke Realty. Sincerely, GUARANTEE PROPi HTJFS, (3. al limn Armstrong General Partner Copy: Cindy Schembre, Duke Realty 10654 Sunset Point Lane, Fishers, IN 46038 Phone (317) 579 -9746 Fax (317) 579 -9950 Nd ZV:ZO OTOZ'TZ'Wo June 13, 2008 Mr. Michael Hollibaugh, Director Department of Community Services City of Carmel, One Civic Square Carmel, IN 46032 Re: Northeast corner W.98 Street and U.S. 421, Carmel, IN 2.75 acres adjacent to West Carmel Marketplace (WCM) Dear Mike: I have reviewed most of the city's files on the establishment of the U.S 421 commercial overlay zone, the Declaration of Development's standards, covenants, easements and restrictions for WCM, and the County's file on the Relocation and Reconstruction of the Mayflower Park Arm of the Crooked Creek Regulation Drain. First, as to the U.S. 421 Commercial Overlay zone, I have attached page 23C -11 with reference to Section 23C13 "Access to Individual Tracts Note that "the purpose is to make the closing of all curb cuts along U.S. 421 by establishing a common access road to the real parking lots of All tracts within the Overlay zone. Frontage roads and common entrances shared by several businesses and developments shall be encouraged and may be required at the discretion of the Commission. (Underlines are mine)." It appears to me that WCM is in direct violation of the U.S. 421 Overlay Zone by restricting the extension of the frontage road through our real estate. We currently have 2 curb cuts on U.S. 421 that could be permanently closed if the frontage road (Walnut Creek Drive) could be accessed through our real estate at our expense. Secondly, Duke Construction Limited Partnership, as owner of all Real Estate in the West Carmel Marketplace, established a "Declaration of Development Standards, Covenants, Easements and Restrictions for WCM, "binding upon the real estate. I have attached the following provisions of said Declaration that directly affect our real estate. Tt /E 'EVid Zb :ZO OTOZ'TZ•10O L Sectio Applic Zonin Or dinances (p.9) "Other matters" related to the use of improvements in WCM are subject to the applicable zoning ordinance (including 421 Overlay Zone)..... as amended from time to time...... each of which shall remain fully enforceable by the proper governmental authority notwithstanding any provision of this Declaration." It appears that the City, simply by enforcing Section 23C.13 of the 421 Overlay Zoning Ordinance and by the provision of WCM's own Declaration of Development Standards, can and should permit the extension of Walnut Creek Drive to our property line and prohibit further restrictions on us to extend to 96 Street. Or, as a Tess desirable resolution, the City could amend current zoning laws to require such extension under the "other matters relating to use of improvements of West Carmel Marketplace" provision. 2. Section 6.09 Applicable Zoning Ordinance (p. 16) The same provision is restated in this section indicating, at the very least, the desire of the Developer to submit the entire development to the existing or amended zoning ordinances. Third, while the city is not directly involved with the approval of drainage for WCM, I know that you are indirectly concerned with the propriety of the county's provisions. I am enclosing a copy of Duke's "Petition for Relocation and Reconstruction of Mayflower Arm of the Crooked Creek Regulated Drain It includes several stipulations to which Duke agreed. Number 5 states that "proposed relocation and reconstruction will not adversely affect other land owners within the drainage shed Please refer to a copy of my letter dated September 30, 2004 to Mr. Greg Hoyes, outlining my desire to access WCM drainage. By not permitting such access, we are certainly adversely affected in violation of Developer's petition. As part of the B -3 zoning granted to our real estate (a commercial zone required by the commercial corridor overlay zone) the city required us to repair drainage tile to other lot(s) in North Augusta Addition. Obviously, we cannot do this without access to the drainage network of WCM. We have been "adversely affected" in our use of our real estate and certainly VT /b 'Mid Nd £b :ZO oTOZ'TZ'40o conclude that Duke (WCM) is violating its own petition for this relocation and reconstruction approval. For all of these reasons, 1 am requesting the City to become directly involved on our behalf to rectify these conditions that have severely hampered the sale and/or development of our real estate. We are eager to meet with you and, if necessary, representatives of WCM to resolve these issues as quickly as possible. Thank you for your cooperation and I am eager to resolve these issues as soon as possible. Sincerely, G. William Armstrong Trustee, Armstrong Family Charitable Trust General Partner, Guarantee Properties Limited Partnership Cc: Mr. Leo Dierkman Mr. John Molitor, Attorney Mr. Steve Glazier, Attorney Mr. Greg Hoyes, County Surveyor's Office VT /5 'wid Wd £b:ZO OTOZ'TZ'aDo VT /TT .aoia February 5, 2010 VIA UPS 2-day Steven J. Glazier, Esq COHZEN GAREI.ICK GLAZIER 8888 Keystone Crossing Blvd. Suite 800 Indianapolis, IN 46240 Re: West Carmel Marketplace Dear Mr. Glazier: I represent West Cannel Marketplace, LLC, owner of Lot 1 and Block T; West Carmel FST,F, LLC and West Carmel CSL, LLC, owner of Lots 2 and 3; and West Carmel Marketplace Owner's Association, Inc., owner of Blocks A, B, C, D and E. I understand you have requested on behalf of your client that the above referenced entities grant to your client access casements to Block C and drainage easements to Blocks D and E. This letter shall nerve as our written notice that we do not agree to grant the access easement granting access rights to your client's land to the south of West Carmel Marketplace but which is not part of the West Carmel Marketplace. Further, we also do not approve the granting of drainage easement rights to your client's land to the south of West Carmel Marketplace to the detention ponds owned by West Carmel Marketplace Owner's Association, Inc. You have also requested our approval of the building location from a preliminary site plan, We do not approve this building location as the building and parking are not contained in Block H and would be in an area that is not part of West Carmel Marketplace, Should you have any questions with regard to the above, please feel free to contact me. Stephen Harper General Counsel CASTO 1 e M 191 W. Nationwide PM., Suite 200 i Columbus, Ohio 432I5 -256B Ind SV :Zo CTOZ.TZ'400 11111 wtil September 15, 2010 City of Carmel Casto West Carmel Marketplace Owners Association, Inc. 191 Nationwide Blvd W, Suite 200 Columbus, OH 43215 Re: Walnut Creek Drive, West Carmel Marketplace To Whom It May Concern: It has recently come to City of Carmel's attention that the pavement of Walnut Creek Drive, which exists in front of Home Depot and behind Burger King, has not been fully extended to the south property line of the West Carmel Marketplace development. The intent of the Carmel Plan Commission's approval of the development plan for West Carmel Marketplace was to have a street stub to which the next developer could connect, thus allowing for vehicular access to /from 98 Street for internal circulation within the developments and to ease the traffic congestion along Michigan Road. That said, the City will authorize Mr. Bill Armstrong, the land owner of the parcels just south of and adjacent to West Carmel Marketplace, to extend the common roadway south so that there are no gaps in pavement between your portion of Walnut Creek Drive and his. Mr. Armstrong plans to move forward with redevelopment of his land which includes extending Walnut Creek Drive south to 98 Street. A proposal to revise his already- approved development plan from 2007 was submitted to our Department on August 20, 2010, which is the filing deadline for Plan Commission applications. He is slated to appear before the Plan Commission for a public hearing on October 19, 2010, and all adjacent property owners should receive a notice of public hearing letter from him within the next week. Please do not hesitate to contact me if you have any questions or concerns. Since ly, icha ollibaug Director City of Carmel De ment of Community Services CC: Bill Armstrong, Armstrong Development, Inc. File West Carmel Marketplace access road.doc ONE CIVIC SQUARE Page 1 of 1 CARMEL, INDIANA 46032 317/571 -2417 Brian Cross From: Conn, Angelina V [Aconn @carmel.in.gov] Sent: Wednesday, October 13, 2010 9:36 AM To: Brian Cross; G WILLIAM ARMSTRONG Cc: Steve Glazier Subject: FW: West Carmel Marketplace access road FYI -Angie Conn, Planning Administrator From: Lou Visco [mailto:LVisco @castoinfo.com] Sent: Tuesday, October 12, 2010 6:05 PM To: Conn, Angelina V Cc: Hollibaugh, Mike P; John Molitor Subject: RE: West Carmel Marketplace access road Angie- Please be advised that the frontage road within West Carmel Marketplace shopping center (including "the few feet not paved is privately owned and controlled. While we have responded to numerous requests from neighboring landowners (including Bill Armstrong) for access across our frontage road, no agreement has been reached that would allow their trespass on or over our property for any purpose. I will distribute a notice letter to the City acknowledging these facts today. Should you have any questions in the interim regarding this property, please feel free to contact me anytime. Thanks, Lou Visco West Carmel Marketplace Owners Association, Inc. 10/22/2010 Page 1 of 1 e -mail and delete the message immediately. From: Linda Swearingen mailto :LSwearingen @castoinfo.com] Sent: Monday, October 18, 2010 1:20 PM To: Steve Glazier Subject: West Carmel Marketplace Steve As a follow up to our conversation the other day, please find attached the letter we received from the City regarding the upcoming Plan Commission Hearing. This letter does reference that we will be receiving a notice of public hearing from Mr. Armstrong, which we have not seen to date. As we discussed, any construction of cross access over the frontage road at West Carmel Marketplace will require identification and delineation of the various rights and responsibilities related to the use and maintenance of the common drive between the properties as well as a value that such cross access will bring to Mr. Armstrong's property. We understand Mr. Armstrong's desire for the cross access and are willing to discuss, however constructive conversation with Mr. Armstrong is needed to make this happen. Thank you and please let me know if you would like to set up call to review. Linda M. Swearingen Executive Vice President 1 Asset Management CASTO 1 191 West Nationwide Blvd., Suite 200 1 Columbus OH 43215 614.744.2010 (direct phone) www.castoinfo.com 10/22/2010 Page 2 of 2 Brian Cross From: G WILLIAM ARMSTRONG [armdev @sbcglobal.net] Sent: Thursday, October 21, 2010 3:44 PM To: Lswearingen @castoinfo.com Cc: SGlazier @cgglawfirm.com; Brian Cross Subject: West Carmel Marketplace /Walnut Creek Drive Extension Follow Up Flag: Follow up Flag Status: Red Dear Ms. Swearingen: Page 1 of 1 At the recent public hearing on captioned subject, Ms. Solady, your representative explained that you are concerned about liability and maintenance responsibilities. I would like to propose the following: 1. Armstong,or its assignee[s], [Armstrong] will continue to share in the proportionate CAM charges allocated to its part of Block H 2. Armstrong will grant an easement to WCM for use of Walnut Creek Drive Extension to exit and enter the Shopping Center from and to W. 98th St. Armstrong will have unrestricted access to Walnut Creek Drive. 3. Armstrong will be responsible for all maintenance and liability including the costs of insurance, for the extension of Walnut Creek Drive, without charge to WCM. WCM will be named as an additional insured party. 4. WCM will be responsible for all the maintenance and liability on its portion of Walnut Creek Drive without charge to Armstrong. Armstrong will be named as an additional insured party. Please let me know your thoughts on this proposal. Sincerely, Bill Armstrong 10/22/2010 Bill Brian Cross From: Linda Swearingen [LSwearingen @castoinfo.com] Sent: Thursday, October 21, 2010 5:53 PM To: G WILLIAM ARMSTRONG Cc: SGlazier @cgglawfirm.com; Brian Cross; Lou Visco Subject: RE: West Carmel Marketplace /Walnut Creek Drive Extension Thank you for the information below. It may be useful to schedule a conference call for all parties concerned in order to make some progress on your request. While the below are some of our issues the main concerns remain compensation for the access as well as restrictions that currently exist on out parcels these are the same restrictions that apply to the parcel you currently own that is part of the West Carmel Association. Please give me some times that work for you and we will try and schedule a call. Thank you Linda M. Swearingen Executive Vice President 1 Asset Management CASTO 1 191 West Nationwide Blvd., Suite 200 1 Columbus, OH 43215 614.744.2010 (direct phone) www.castoinfo.com From: G WILLIAM ARMSTRONG [mailto:armdev @sbcglobal.net] Sent: Thursday, October 21, 2010 3:44 PM To: Linda Swearingen Cc: SGlazier @cgglawfirm.com; Brian Cross Subject: West Carmel Marketplace /Walnut Creek Drive Extension Dear Ms. Swearingen: Page 1 of 2 At the recent public hearing on captioned subject, Ms. Solady, your representative explained that you are concerned about liability and maintenance responsibilities. I would like to propose the following: 1. Armstong,or its assignee[s], [Armstrong] will continue to share in the proportionate CAM charges allocated to its part of Block H 2. Armstrong will grant an easement to WCM for use of Walnut Creek Drive Extension to exit and enter the Shopping Center from and to W. 98th St. Armstrong will have unrestricted access to Walnut Creek Drive. 3. Armstrong will be responsible for all maintenance and liability including the costs of insurance, for the extension of Walnut Creek Drive, without charge to WCM. WCM will be named as an additional insured party. 4. WCM will be responsible for all the maintenance and liability on its portion of Walnut Creek Drive without charge to Armstrong. Armstrong will be named as an additional insured party. Please let me know your thoughts on this proposal. Sincerely, 10/22/2010 Brian Cross From: G WILLIAM ARMSTRONG [armdev @sbcglobal.net] Sent: Thursday, October 21, 2010 4:12 PM To: Brian Cross Cc: SGlazier @cgglawfirm.com Subject: Fw: RE: West Carmel Marketplace /Walnut Creek Drive Extension Brian: Just got this response through Steve Glazier from Casto's attorney. Please include in the packet for the Special Use Committee. Thanks, Bill On Thu, 10/21/10, Steve Glazier <SGlazier@cgglawfirm.com> wrote: From: Steve Glazier <SGlazier @cgglawfirm.com> Subject: RE: West Carmel Marketplace /Walnut Creek Drive Extension To: "'G WILLIAM ARMSTRONG <armdev @sbcglobal.net> Date: Thursday, October 21, 2010, 3:52 PM Just got a call from Lou at Casto. He very directly and unambiguously said that he wants money and use restrictions to allow the "cross easement I suggested that he review the zoning regs that I sent to Linda earlier in the week. His position basically was, it doesn't matter what the zoning regs say, Armstrong has to pay for the increased value to his property and needs to have restricted uses like Casto has. Steven J. Glazier, Esquire Click here to see my bio: http:// www. cgglawfirm .com /Bio /StevenGlazier.asp Steven J. Glazier COHEN GARELICK GLAZIER 8888 Keystone Crossing Blvd., Suite 800 Indianapolis, IN 46240 (317)573 -8888, ext. 212 -tel (317)289- 6600 -cell /text (317)574- 3855- -fax e -mail: SGlazier @cgglawfirm.com web site: www.CGGlawfirm.com 10/22/2010 Page 1 of 3 ITT /9 EJVd D Lit app CC Dv Cct-ig-rAy.4s Q1,. as ‘,A/(1.4 Section 4.07. Loading. Loading areas shall be subject to the approval by both the appropriate zoning authority and the Architectural Control Committee, In determining whether to grant suet approval, the Architectural Control Committee shall tike into consideration the compatibility of the loading area with the structures and uses both within and outside West 'Carmel Marketplace in the vicinity of the Parcel, the appropriateness of screening the loading area, and the efficient and economical use or the Parcel and the huilding thereon. Screening required by either the appropriate zoning authority or the Architectural Control Committee shall be shown in detail on the Site Development Plan. Section 4.08. 1'arkinjg. The Owners shall each provide a sufficient number of parking spaces on their respective Parcels to meet all applicable governmental ordinances and the provisions contained herein. Section 4.02. Nolluild Aga. The construction of permanent building improvements is strictly prohibited in the No Build Area depicted on attached Exhibit A without the prior written consent or the Developer, which consent may he withheld in the Developer's sole and absolute discretion. Section Al), Spec n�(7ut t proyi }ions, (a) No n iorc than one (1) building shall be constructed on any outlot without Developer's consent. (h) No Outlot huilding, inclusive of signagc or other attachments, may contain more than one (1) story nor exceed a height of twenty -three feet (23') from finished grade of the building pad to the top of the parapet wall, excluding screening of mechanical equipment which shall not exceed twenty -seven feet (27') in height from finished grade of the huilding pad, with no single architectural element higher than twenty -seven feet (27') from finished grade of the building pad, unless otherwise approved by the Developer or required by applicable municipal law, code or regulation. (c) In the event that multi- tenant buildings are located on any Ouilot, the total aggregate floor area of such multi- tcllllnt huilding~ Shall not exceed twenty percent (20 of the Out lot area. Linn 4.1 1. A,ppIia:able %rain_ng Ordinance. The hutldh g lint,, setbacks, permitted uses an other matters elatin to the construction maintenance or use of 'mtrov a Jj t Carnet Market lace shall be slth`ect to the iI 1 llicable •runin ordinary c and bttildin codes, as amended fm:it,ljt ucL role, and all other applicable laws, rules, regulations and ordinances, each of which shall remain fully er forceeble by t P +v It t 1 rzi itltsta�tdin2 _iota, No Owner shall seek or obtain any variance, special use permit, change. modification, deletion or addition to the existing zoning ordinance or huilding coda which would impose standards, restrictions, limitations or other encumbrances upon all or 860897,4 9 Nd sv:zo oIoz-rrg3o Section 23C. 00 amended per Ordinance No. Z- 453 -04, §do-dp. CARMEL CITY CODE CHAPTER 10: ZONING SUBDIVISIONS ARTICLE 1: ZONING CODE CARMEL ZONING ORDINANCE CITY OF CARMEL ZONING ORDINANCE CHAPTER 23C: US HIGHWAY 421— MICHIGAN ROAD CORRIDOR OVERLAY ZONE 23C.00 U.S. Highway 421 Michigan Road Corridor Overlay Zone. 23C.01 District Boundaries. 23C.02 Commission Approval. 23C.03 Permitted Uses. 23C.04 Special Uses. 23C.05 Excluded Uses. 23C.06 Accessory Buildings and Uses. 23C.07 Minimum Tract Size. 23C.08 Height and Area Requirements. 23C.09 Architectural Design Requirements. 23C.10 Landscaping Requirements. 23C.11 Parking Requirements. 23C.12 Lighting Requirements. 23C.13 Access to Individual Tracts. 23C.14 Other Requirements. 23C.00 U.S. Highway 421 Michigan Road Corridor Overlay Zone.' 23C.00.01 Purpose, Intent and Authority. It is the purpose of the U.S. Highway 421 Michigan Road Corridor Overlay Zone (referred to in this Chapter 23C as the "Overlay Zone to promote and protect the public health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the properties bordering U.S. Highway 421 (also known as Michigan Road) in Clay Township, Hamilton County, Indiana. The Commission and Council, in establishing this zone, are relying on IC 36 -7 -4 -600 et seq. and IC 36 -7 -4 -1400 et seq. It is recognized that U.S. Highway 421 is an important corridor to Carmel and to Clay Township. Therefore, it is the further purpose of the Overlay Zone to promote coordinated, quality development per the Land Use recommendations set forth in the Comprehensive Plan; to establish basic standards for structures, landscaping, and other improvements on the properties within the Overlay Zone which promote high quality, innovative site design and at the same time encourage efficient land usage; to establish development standards which will encourage capital investments for the development of those properties along and abutting U.S. Highway 421; and to promote the steady flow of traffic. This Ordinance further seeks to foster development that will provide this district with a special sense of place that will increase property values, protect real estate investment, spur commercial activity, and attract new businesses. More specifically, the creation of this special sense of place shall be encouraged by means of a coordinated set of design principles for buildings, site planning, landscaping and signage These principles are intended to guide individual Chapter 23C: US Highway 421 Michigan Road Corridor Overlay Zone 23C -1 as amended per Z -325; Z -326; Z- 415 -03; Z- 453 -04; Z- 490 -06; Z- 511 -07 Autumn 2007 v 1 USE TYPE MIN NO. SPACES MEASURED FROM Bank teller lane 5 Teller or Window Automated Teller Machine 3 Teller Restaurant Drive -thru 10 Pick -up Window Car Wash 5 Entrance Gas Pump island 3 End of pump island Other To be determined by the Director 8 Section 23C. 14 amended per Ordinance No. Z- 511 -07. Chapter 23C: US Highway 421 Michigan Road Corridor Overlay Zone 23C -11 as amended per Z -325; Z -326; Z- 415 -03; Z- 453 -04; Z- 490 -06; Z- 511 -07 Autumn 2007 v 1 CITY OF CARMEL ZONING ORDINANCE onto adjoining properties. The minimum number of vehicles required for drive -thru lanes shall be as follows: 23C.12 Lighting Requirements. A. Lighting Plan. A Lighting Plan for the proposed development shall be filed as part of the ADLS application. B. Design. All lighting standards, including those on buildings, security lights and architectural lights within the development area shall be of uniform design and materials. Parking lot and streetlights shall also be of uniform height not to exceed twenty -four (24) feet. Poles for such lights shall have a minimum diameter of six (6) inches for poles up to twelve (12) feet in height and a minimum of eight (8) inches diameter for poles between twelve (12) and twenty -four (24) feet in height. Luminaries for such lights shall be in proportion to the pole diameter and height. All lights within gas station canopies and adjacent to residential areas shall be of a "down lighting" type with the light element completely shielded on all sides and top. The Commission may approve decorative lighting should it be more appropriate to the overall site design. C. Intensity. Lighting shall not cause illumination beyond any residential lot line or road right -of- way line in excess of 0.1 footcandle of light. Lighting shall not cause illumination beyond any non residential tract or parcel line or road right -of -way line in excess of 0.3 footcandle of light. 23C.13 Access to Individual Tracts. The purpose of this Section is to make the closing of all curb cuts along U.S. Highway 421 possible by establishing a common access road to the rear parking lots of all tracts within the Overlay Zone. Frontage roads and common entrances shared by several businesses and developments shall be encouraged and may be required at the discretion of the Commission. In those cases where tracts can be accessed via connection to an arterial, collector, or adjoining parking lot, curb cuts shall not be established on U.S. Highway 421. The Commission shall encourage maximum distances between curb cuts to U.S. Highway 421 in cooperation with the Indiana Department of Transportation. Bicycle and pedestrian circulation to and through the site shall be coordinated with vehicular access, Greenbelt design, and parking. 23C.14 Other Requirements.' 23C.14.01 Outside Storage. Outside storage areas shall be allowed as shown on the DP and shall be architecturally compatible with the principal building(s) with which they are associated. Storage