HomeMy WebLinkAboutCorrespondence John Kerr 06-14-11H[ r l rrz s,
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SIGNIFICANT REASONS
1 eAtAZ l 411ed •3 'ts.0A4i FOR
T 7 ig u, DENYING WOODLAND TERRACE APPLICATION
Kam-- Docket No. 11020013 DP /ADLS: Woodland Terrace CCRC
Docket No. 11030006 ZW: Ordinance Chapter 23.08.01.D: front building setback
1 There is no Continuing Care Retirement Community (CCRC) under Cannel's
Zoning Ordinance. (see Appendix A)
2 The Justus defined levels of "service to be delivered" within the proposed
facility are Independent Living, Assisted Living and Skilled Rehabilitation
Care. Justus will not provide the listed services because then they would have
to be state and federally licensed. They have stated they will not be licensed.
They do not want the oversight (see Indiana State Health laws and Federal
Laws)
3 Parking requirement for a Nursing/Retirement/Convalescent Facility
(although "Prohibited" per Appendix A) would be 282 parking spaces not the
173 proposed parking spaces for a CCRC. (see Zoning Ordinance 27.08)
4 The proposed building height of 50 feet is being exceeded because of the walk
out basement which faces Kensington Place. At this eastern face, the building
would be a five story building. Due to the topography of the land, the
building would be approximately 70 to 80 feet in height compared to
Kensington Place. (see Zoning Ordinance 23B.02 and Carmel Comprehensive
Plan)
5 The Floor Area Ratio (FAR) has been exceeded. The survey referenced by
Justus in the application shows Lot 1 at 2.651 acres and Lot 2 at 4.474 acres
for a total of 7.125. (see sheet 1 of 2 of EMHT Surveyor. This sheet details
the actual building site. Sheet 2 of 2 shows land description not the building
site). (see also Hamilton County Property Report Lot 1 Deeded Acres 2.65
owner Justus Homes, Inc, owner address 177 Wood St. W., Paris, IL, 61944
and Lot 2 Deeded Acres 4.47 owner Justus Home Builders, Inc., 1398
Shadeland Ave. N, Indianapolis, IN 46219
6 Based on Justus testimony at the Plan Commission Sub Committee meeting,
Justus will not provide assisted living or skilled health care, but a tenant in
their apartment complex can hire outside help as needed. For this reason, the
Justus proposed apartment complex is only a Multiple Family Dwelling which
is an Excluded Use per Appendix A. (see Appendix A)
7 A second curb cut on Smokey Row Road is proposed. No traffic study was
required by Carmel for this project, but relied on an old study taken when
Carmel High School was on vacation. Today's traffic with the addition of
Drees and Centex facilities on this road has increased significantly. A second
curb cut was previously eliminated. (see Instrument No. 9020914) (see also
INDOT traffic study between Rangeline and Old Meridian taken May 2011).
R ectfull submitted for the record.
John Kerr, Managing Partner, Kensington Partners
p
C
QUESTIONS FOR PLAN COMMISSION MEMBERS
Why is this message being sent to Plan Commission members via e-mail and by US Postal Service? The
reason is because following the Public Hearing for Woodland Terrace, several e-mails were sent by the
writer to Plan Commission Members prior to the sub committee meeting. Following the Missed
sub committee meeting, committee members were asked if e-mails had been forwarded Message
and it was learned that two of the four members present for the sub committee meeting had NOT
RECEIVED any of the e-mails that were sent to them. Had they received those e- mails, would the
committee vote have been different?
Is it amazing that Mayor Brainard had a BIG ANNOUNCEMENT June 14, 2011 at the Palladium regarding
the Barrington CCRC partnering with St. Vincent's Carmel hospital? Would it help you to True
review a press release about the Barrington and then see an elementary comparison chart CCRC
of the Barrington and Woodland Terrace? (Exhibit 1 press release, Exhibit 2 comparison chart, Exhibit 3
number of proposed independent and assisted living units)
The Woodland Terrace presentation summary (Exhibit 4) addresses that they have "2475 independent
and assisted living apartment homes in the Indianapolis area." (Exhibit 5 Justus Rental
Apartments
Properties ad) It also states that the proposed facility is being designed under the auspices
of Continuing Care Retirement Community (CCRC). auspice
auspices "influence exerted on behalf of someone or something" Online Etymology Dictionary 2010
Applying the definition of auspices, could one interpret that using the term CCRC would influence the
decision to accomplish building 185 apartments in the US31 Overlay Zone? Are apartment homes multi-
family dwellings, which are EXCLUDED in the US31 Overlay Zone?
Is the proposed Woodland Terrace project really a CCRC (Continuing Care Retirement Community)?
If so, why has the petitioner stated that they do not intend to be licensed? Where in the ordinances
does it state that a "CCRC is included within the retirement, nursing, convalescent facility" as stated
in the minutes? (Exhibit 6)
Why is a Continuing Care Retirement Community NOT specifically A PART of Appendix A?
Why has Staff determined Woodland Terrace to be a part of Appendix A as a
Appendix A
Nursing /Retirement /Convalescent Facility? (Exhibit 7 Appendix A)
If the application is considered a Nursing/Retirement /Convalescent Facility, would it require compliance
with Zoning Ordinance 27 parking requirement of one space per bed plus one space per employee? If
so, why are only 173 parking spaces proposed "under the auspices of a CCRC" vs. 284 spaces
which are required for a Nursing /Retirement /Convalescent Facility? Ordinance 27 would Nursing Facility
require 396 parking spaces for a Multi Family Dwelling. In the Comparison Chart (Exhibit 2) why is there
such a discrepancy in the Number of Employees? Has Woodland Terrace under estimated because
there is not enough space for parking with more employees and Nursing Facility parking requirements
on 7.1 acres? Who is responsible for interpreting the ordinance when there are such discrepancies?
Discrepancies
With the recent traffic study done by INDOT counting 6,200 vehicles per day, has anyone considered the
safety factor of adding 173, 284, or 396 cars for residents and employees plus numerous
Service vehicles and Justus buses to what is already a hazardous curve in the road with a
projected roundabout to be added by INDOT at the Old Meridian and US 31 intersection?
Since Justus Homes, Inc. Paris, IL (JH) is the applicant and owner of the 2.651 acre parcel and Justus
Home Builders, Inc. Indianapolis, IN (Exhibit 8 Tax Records 4 pages)is the owner of
the 4.474 acre parcel, and staff in a memo (Exhibit 9) indicates that there is a require-
ment to re -plat the properties, when will that be done? Should that have been done prior to
the Plan Commission Public Hearing?
Inasmuch as 23B.09 E. (2) requires a "Prospective computer- enhanced color rendering
how it will look from any adjoining residential areas is it strange that the only
color rendering that is NOT INCLUDED in the JH presentation booklet to the PC is the
prospective from the east which is where the Kensington Place homes are located?
including
Missing Perspective
Drawing
A memo from the DCS files dated February 22, 2011 has Urban Forestry Review Comments addressing
the "multi- family development (nursing facility) introduces a new question which appears
because of the topography variables between the proposed Woodland Terrace parking lots
and the Kensington Place residences: What about car lights in the parking lot and how they
shine into the windows of the residents of Kensington Place homes?
Traffic Safety
Dual Ownership
Forestry
Comments
Regarding the forest: Has anyone done a measurement of the trees to determine how many 9" DBH
exist in the 90 wooded site and then calculated the requirement for preserving 70% of same?
From the DCS files is a memo from Angelina Conn to Jon Dobosiewicz dated March 31, 2011 (Exhibit 10),
which raises "some of the concerns of the Kensington Place residents." Can Plan Commission
Members explain why none of the concerns listed in Angie's memo have been addressed
by the petitioner, Justus Homes, Inc.
Unaddressed
Concerns
Have you ever been deprived of light and air? 23B.02 A. 2 includes "the Commission's review shall
Include (a.) Existing features, including topography and wooded areas." Can you think of any
other area of the Meridian Corridor Overlay where extreme topography variables and a
densely wooded area have been present adjacent to a residential neighborhood? Light and Air
23B.02 C. (3) reads: the site plan "shall not deprive adjoining properties of adequate Ight and air."
(Exhibit 11) Since the establishment of the Meridian Corridor Overlay, when has there been another
project with such serious violations? The proposed Woodland Terrace project will deprive Kensington
Place properties of adequate Tight and air.
Based on the foregoing and prior submitted details of non compliance with the ordinances, please deny
the Woodland Terrace application. Your careful review and consideration is appreciated. This memo is
to be made part of the record.
Cie c..4/ /J -'2A._'
updated: 6/14/2011 7:52:30 AM
Partnership Expected to Create Jobs, Investment
in Carmel
InsidelNdianaBusiness.coin Report
St.Vincent Health and The Barrington of Carmel are expected to announce a
partnership Tuesday morning that city officials say will result in nearly 350 jobs
and millions of dollars of investment. The Barrington is currently developing an
18 -acre senior living community in Hamilton County.
INSIDE INDIANA"
U) BUSINESS
WITH p• R g V DICK
INDIANA'S BUSINESS NEWS LEADER
Ydd
Continued Below...
June 13, 2011
News Advisory
WHO: Mayor Jim Brainard, City of Carmel
Michael D. Chittenden, President of St.Vincent Carmel Hospital
Raymond Goodman, CEO and Board Chairman, Mayflower Communities
Kim Jule, Executive Director of St.Vincent Center for Healthy Aging, Private Duty, Hospice and Home Care
Dr. Thomas Perls, Author of Living to 100: Lessons in Maximizing Your Potential at Any Age
WHEN: Tuesday, June 14
News Conference: 10:30 a.m.
WHERE: The Palladium, South Lobby
355 City Center Drive
Carmel, IN 46032
DETAILS:
EXHIBIT 1
INDIANA BUSINES
More Research Centers Receive Signature Status
Hardware Exec Joins IEDC Board
Chocolate Maker Foundation Unveils Campaign
FDA Approves New Depuy Implant
Indiana Aq Director: Ethanol Subsidies Will End
[UPDATED] [VIDEO] Mayor Hopes '16 Tech' Raises
City Profile
IUPUI Scientist Leading Blindness Research
Hospital Exec Making Switch
IPFW Establishes Panda Research Collaboration
More News...
El
print email ne'nsletters
,LArED NEWS
St. Vincent, Barrington Make
Partnership Official
CARMEL, IND. On June 14 at 10:30 a.m. at The Palladium, Mayor Brainard will join representatives from St.Vincent Health and The Barrington of
Carmel, a new senior living community, to announce a one -of -a -kind partnership. Representatives from St.Vincent Health, The Barrington of Carmel
and Mayor Brainard will unveil signage culminating the unique partnership.
The Barrington will be the only senior living community to provide residents with quality healthcare at below market rates, provided by well trusted
St.Vincent Health clinicians. This 18 -acre, 320,000 square -foot life care community is currently being developed at 116th Street on Guilford Road, and
will include 134 independent living, 56 assisted living, 26 dedicated memory support and 48 skilled nursing care residences. The Barrington of Carmel
is expected to open in 2013.
The development of this community in Hamilton County will substantially benefit the economy, creating job opportunities and increasing economic
spending. To -date, The Barrington of Carmel has already invested in excess of $10 million in preparation for construction.
The partnership with The Barrington of Carmel is another extension of St.Vincent Health's commitment to Carmel residents. With services including
women's, emergency, bariatric and joint replacement services, the faith -based health system continues to serve the growing Hamilton County.
Following the news conference, Dr. Thomas Peris, nationally- renowned physician and researcher in the study of aging, will share his insight and
advice from years of intensive study on factors that contribute to a long, healthy and satisfying life. He has appeared on The Today Show, Good
Moming America, Oprah, nightly news programs and NPR. More than 150 Indiana residents are expected to attend the partnership announcement
and celebration.
About The Barrington of Carmel
The Barrington of Carmel is guided by an experienced board of directors composed of dedicated professionals. The community subscribes to the
mission of The Mayflower Communities, Inc., a not for profit corporation that strives to create sustainable, pre- eminent senior living communities for
people who share like interests and a way of thinking that enhances the quality and dignity of life. Mayflower Communities, Inc., has partnered with
Greystone Communities, Inc., of Irving, Texas, which has delivered tailored planning, development, marketing and management services to more than
400 owners and sponsors of senior living communities in 40 states. For more information about The Barrington of Carmel, visit the community's web
site at www.TheBarringtonofCarmel.org or call the Information Center at (317) 706 -6760.
About St.Vincent Health
St.Vincent Health is a nonprofit, spiritually- centered health system, sponsored by Ascension Health of St. Louis, MO., the nation's largest Catholic
health system. St.Vincent Health is one of Indiana's largest employers with 20 health ministries serving 47 counties in central Indiana. The 129 -year-
old health system delivers high quality, compassionate care in service areas such as cardiovascular, womens, childrens, neurosciences, cancer care,
orthopedics, bariatrics, primary care, emergency medicine, imaging, general surgery and Tong -term acute care. For more information, visit
www.stvincent.org.
Source: St Vincent Health
I
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V enire/wed c aiekeeitfOifb
1N—
The Justus Companies wishes to construct their newest senior living facility on their 7.1 acre vacant
parcel located near 136 Street and Smokey Row Road, in Carmel, Indiana. Currently, Justus owns and
manages 2475 independent and Assisted Living apartment hornes within the metro Indianapolis market.
The company's closest location to the subject property Is Crestwood Village North Apartments, a 300
unit "over 55" community, located on the Wionon Trail, near East 91.`" Street and College Avenue.
The proposed facility is being designed and all facets are intended to be compliant with the city of
Carrnel's building ordinances under the auspices of a Continuing Care Retirement Community (CCRC). A
CCRC is a permitted use on the subject site and as described in the 6-6 zoning district, and not excluded
in the U.S. 31 Overlay Zone. A CCRC Is defined as Na place where three (3) or more levels of continued
care are provided to senior citizens, including but not limited to: independent living, assisted living and
skilled nursing /rnernory care. It care include independent apartments, detached or attached cottages,
and nursing home rooms in a congregate building, as well as support services and facilities."
The defined levels of service to be delivered within the proposed facility are independent Living,
Assisted Living and Skilled Rehabilitation Care. Rather than construct a building that requires its
residents to be moved from place to place within the community, this facility will allow residents to
remain within their chosen home and receive a choice of three levels of service which they may require.
This approach is recognized as a more supportive option to address the needs of aging
The community will be staffed by skilled nurses 24 hours per day and private duty care will be available
as residents may require. Level 1, independent residents would remain at home in an environment that
provides for wellness, convenience and social interaction to be supported by onsite concierge services.
As needs increase to Level 11, housekeeping services, laundry assistance, bathing, dressing shopping.
medication reminders and meal preparation are made available through an on site Personal Service
Agency. Should Level 111 be required for our residents, therapy, injections, nursing visits, transports or
wound care will be provided by a skilled representative.
EXHIBIT 4
Quality Properties, Planned Built and Managed Since 1910
1398 North Shadelancl I'.U. BOX 19409 Indianapolis, Indiana 46219 Phone (317) 353 -8311 FAX (317) 352-1570
the tree protection area is required to be 50 feet in width; that 50 feet was agreed to in 1990 at
the time of the rezone of the property the Kerrs were involved in Kensington Place at that
time and the Ordinance called for a much narrower tree buffer. The developer at the time
agreed that there would be a 50 -foot tree protection area rather than a reduced (20 feet required
today) buffer area. The petitioner is providing two and one -half times the buffer area that
would otherwise be required between the two uses in place today.
Water Management Urban Forester review: Daren Mindham, Carmel Urban Forester, has
forwarded to the DOCS Staff that all of his comments and concerns with regard to the site
were addressed. The petitioner met with Daren and specifically addressed the tree protection
areas along both along the east side of the property and along Smokey Row Road these items
were addressed to Daren Mindham's satisfaction. Regarding Water Management and the City
Engineer's office, the petitioner is at a place, as described by the City Engineer, that is much
further along than a typical DP /ADLS petition in front of the Plan Commission, specifically
with regard to drainage approvals. This site had already been through the drainage review
process when the office use was approved in 2007 those same standards and requirements
and evaluation that was done by the City in 2007 are being relied upon, re- reviewed by the
City today as part of their storm water review process and it is indicated by Gary Duncan, City
Engineer's office, that while there is additional review to be done, we are in a place that they
are comfortable with at this stage in their review process.
After an opportunity to review the handbooks provided by the Kensington neighbors, we will
come to the Committee meeting prepared to address all of the Committee's concerns as well as
those items that are contained within the comments /questions that have been delivered to the
Plan Commission by the public
DOCS Staff Comments, Angie Conn:
The Department would also like a copy of the Kensington booklet distributed this evening
There are only 2 or 3 outstanding items and the petitioner has been working with the Dept to
address concerns
The public has brought up several good points, and the Dept looks forward to discussing that at
the May 04, 2011 Subdivision Committee meeting
Commission Members Comments /Questions:
Will this be a licensed facility by the State of Indiana? (No)
Will this CCRC be apartments? (Within the zoning ordinance is a definition of CCRC that is
also included within the retirement, nursing, convalescent facility, and it meets those
requirements. The petitioner can provide a summary of those requirements)
What are the components in this project? (Chris White's response: This facility will have
independent care housing, and assisted care facility which can be licensed or unlicensed. Most of
the Justus Homes communities have unlicensed facilities. This particular facility will be an
unlicensed care facility, but still an assisted care facility. There will also be skilled nursing rehab
facilities in the building.
Skilled nursing must be licensed by the State of Indiana, unless it is provided via home (Chris
White —this will be the rehab portion of that care)
There is confusion for benefit of the Committee, please bring what is going to be licensed and
what is Not going to be licensed. Is the petitioner willing to commit to an age 55 or older
population on a permanent basis? Perhaps through Deed Restriction....(Jon Dobosiewicz stated
the petitioner would commit to age 55 and older, but that there is an issue...a distinction between
S:/PlanCommission/M inutes /PlanComm issi onM in utes/PCM inutes2011 /PC- 2011 -apr 19 7
www.carmel.in.gov 317 571 -2417
EXHIBIT 6
Conn, Angelina V
Hi,
Thanks
L.ex
From: Conn, Angelina V
Sent: Friday, March 04, 2011 12:10 PM
To: Donahue -Wold, Alexia K
Subject: RE: Review comments for Woodland Terrace CCRC
EXHIBIT 9
From: Donahue -Wold Alexia K
Sent: Fr iday, March 04, 2011 4:09 PM
To: Conn, Angelina V
Subject: RE Review comments or Woodland Terrace CCRC
1. I agree with "Please comply writ, Sectior 23B: 2.A: There shall be no parking between the U.S. 31 right-of-way and
the front build -to line of the building.' It is in the US 31 Corridor and you are definitely going to be able to see if from
US 31 so it should fit with this requirement and the intent of the ordinance.
2. I had a question about the height, but perhaps we can discuss that more with Jon when we talk about the
parapets etc.
3. I was curious how they came up with the floor area ration because there appear to be 2 different
numbers and I am not sure why.
4. In the future, could they please provide all Design Information on the ADLS application. Or a least attach
a summary sheet so we do not have to play seek and find for the information we need.
That was about a r!ad. In general it looks good. I am glad to see they are preserving trees and inctud:rrg pervious
pavement.
Sure. See below. I am still not sure about the 3 highlighted in blue text below, since the previous petitions for the Justus
office did not reflect this. Thanks again!
Preliminary Planninq/Zoninq Dept. review comments:
5. Feel free to bring color /material samples of the building to the Plan Commission meeting.
6. Need Secondary Plat/Replat application, in order to combine the two platted lots into one. to remove the m dd.e
property line, and also to remove part of the N.A.E.
7. Please provide copies of your correspondence with the TAC members and their correspondence with you.
8. Remember to include the Development Plan application's Findings of Fact sheet in your fina info packets.
9. Provide the filled out and notarized affidavit of notice of public hearing page of the application.
10. Provide the filled out Notice of Public Hearing page of the application.
11. Provide the filled out and notarized Public Notice Sign Placement affidavit page of the application.
12. Provide an exhibit with the site plan overlaid upon and aerial photo of the site.
13. Need to -scale architectural building elevations on 24 x 36 or similar sized paper.
14. Please label the mechanical equipment locations on the site plan and building elevations and provide details on how
they are screened from view. This includes electric and gas meters.
1
Conn, Angelina V
From: Donahue -Wold, Alexia K
Sent: Friday, March 04 2011 4.24 PM
To: Conn, Angelina V
Subject: RE: Review comments for Woodland Terrace CCRC
In regards to your other comments, I am in favor of number 23. I wasn't even sure what front yard setback regulations
they were using, but since they will be very visible from US 31 I think it makes sense to make them fit the intent of the
ordinance. The roof line isn't as big o` a deal for me, but I suppose it should be modulated some way according to the
ordinance. Either modulate that actual roof line, or p etend the parapet is the roof and modulate it according to what
the ordinance says for sloped roofs.
Hope this wasn't too confusing. I was going to just come down and talk to you about them, but then I realized I had
missed you. See you Monday.
..ex
From: Conn, Angelina V
Sent: Friday, March 04, 2011 12:10 PM
To: Donahue -Wold, Alexia K
Subject: RE: Review comments for Woodland Terrace CCRC
Sure. See below. I am still not sure about the 3 highlighted in blue text below, since the previous petitions for the Justus
office did not reflect this. Thanks again!
Preliminary Planninq/Zoninq Dept. review comments:
Fee' free to bring color /material samples of the building to the Plan Commission meeting.
2. Need Secondary Plat/Replat application, in order to combine the two platted lots into one, to remove the middle
property line, and also to remove part of the N.A.E.
3. P ease provide copies of your correspondence with the TAC members and their correspondence with you.
4. Remember to include the Development Plan application's Findings of Fact sheet in your final info packets.
5 Provide the filled out and notarized affidavit of notice of public hearing page of the application.
6. Provide the filled out Notice of Public Hearing page of the application.
7. Provide the filled out and notarized Public Notice Sign Placement affidavit page of the application.
8. Provide a- exhibit with the site plan overlaid upon and aerial photo of the site.
9. Need to -sca e architectural building elevations on 24 x 36 or similar sized paper.
10. Please labe. the mechanical equipment locations on the site plan and building elevations and provide details on how
they are screened from view. This includes electric and gas meters.
11. Please consider using additional LEED or 'green' building practices, such as a white membrane roof, solar panels,
skylights, etc. List is attached.
12. Need a revised traffic study and analysis, since when the Holiday Inn item was brought through. (Please verify this
with the City Engineering Dept, 571 2441.)
13. Per the thoroughfare plan, a 50 -ft half r/w is required along Smokey Row. (Please verify this with the City
Engineering Dept, 571 2441.)
14. Prepare an estimated construction cost to comply with the Thoroughfare Plan Alternative Transportation Plan;
contact the Engineering Dept. for more details.
15. Please label the 5 -ft wide sidewalk along Pro Med Dr. and label the 10 -ft wide side path along Smokey Row Rd.
16. Will you be adding a path connection stub into the path surrounding the pond at Meadowlark Park?
1
L
Conn, An elina V
From: Conn, Angelina V
Sent: Thursday, March 31, 2011 4:00 PM
To: 'Jon Dobosiewicz'
Subject: Woodland Terrace CCRC neighbor concerns
Jon It's been a few weeks since I heard this, but a few concerns of the Kensington Place residents are:
The grade change of your site vs. theirs, and how that relates to the building heights.
Water flow, and how it comes from the north near US 31 passes over your site, and flows through their site
Blocking of sunlight and shadows produced
Wind /air flow and how the mass of the building will block it
Sight lines and privacy
Delivery truck access drive location
That's all I have for now.
Angie
EXHIBIT 10
1
(3)
EXHIBIT 11
Crrl 01 CARMEI. ZONING ORDINANCE
C Zoning Waiver The Commission may. after a public hearing, grant a Plan Commission Waiver of certain
Development Requirements of this Chapter, so noted within. Any approval to permit such a waiver shall be
subject to the following criteria
The proposal shall be in harmony with the purposes and the land -use standards contained in this
Chapter.
(2) The proposal shall enhance the overall Development Plan, the adjoining streetscapes and
neighborhoods, and the overall U.S. 31 Corridor.
The proposal shall not produce a Site Plan or street/circulation system that would be impractical or
detract from the appearance of the Development Plan and the U.S. 31 Corridor, and shall not adversely
affect emergency vehicle access or deprive adjoining properties of adequate light and air.
(4) The proposal exhibits extraordinary site design characteristics, including, but not limited to: Increased
landscape treatment, tree preservation, public art, provisions for bicycles and /or mass transit, reduced
surface parking coupled with provisions for above or below ground parking facilities.
In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure the
purposes of this Chapter. This Paragraph does not affect the right of an applicant under Indiana law to petition
the Board for a variance from development standards, as provided in IC 36 -7-4 -918.5 and this Zoning
Ordinance.
D. Partial Boundaries Conflicts. If a Parent Tract (Tract) is located both inside and outside of the U.S.
Highway 31 Overlay Zone, a DP and ADLS in compliance with the US Highway 31 Overlay Zone shall be
submitted to the Commission for the entire tract. Wherever there exists a conflict between the requirements of
the underlying zoning and those of the U.S. 31 Overlay Zone, the requirements for the U.S. 31 Overlay Zone
shall prevail.
23B.03 Permitted Uses:
All uses which are permitted in the underlying primary zoning district(s), except the uses expressly excluded by Appendix
A. Schedule of Uses, are permitted in the U.S. 31 Overlay Zone.
23B.04 Uses:
There shall be no Special Uses permitted in the U.S. Highway 31 Overlay Zone.
23B.05 5
23B.05.01
Excluded Uses: See Appendix A: Schedule of Uses.
23B.05.02 Retail Service Uses:
Retail and service uses may be included in one or more buildings within a DP, subject to the following:
A. Retail and Service Uses may comprise up to:
(1) Fifteen percent (15 of the Gross Floor Area (GFA) of any building: or,
(2) Up to thirty percent (30 of the GFA of one building may be retail and service uses,
provided that:
(a) Total square footage of retail and service uses designated in the development plan
does not exceed fifteen percent (15 of the GFA of all buildings combined; or,
3 Section 23B.03 amended per Ordinance No. Z- 382 -02, §b; Z- 415 -03, §bu.
4 Section 23B.04 amended per Ordinance No. Z- 415 -03, §bv.
5 Section 2311.05 amended per Ordinance No. Z- 415 -03. §bw -bx; Z- 512 -07: Z- 530 -09. §i.
Chapter 23B: US Highway 31 Corridor Overlay Zone
23B-4
as adopted per Z -340; as amended per Z- 365 -01; Z- 382 -02; Z- 915 -03; Z- 453 -04; Z- 511 -07; Z- 512 -07; Z- 530 -09; Z- 597 -10
Winter2011 vl