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A Subsidiary of
Ramco-Gershenson Properties Trust,
(NYSE:RPT)
31500 Northwestern Highway
Mon RAMCO Suite300
G E R S H E N S O N Farmington Hit`s,b11 48334
-.d INCORPORATED ?45.30-9900 Phone
248-350-9925 Fax
October 17, 2013
BZA Members
City of Carmel
Department of Community Services � pEGElVE1Z ,
!
One Civil Square, Third Floor OCT 1 8 2013 Imo'
Carmel, IN 46032 doC
Subject: Docket No 13100011V -qpy
•
Merchants' Square - Parking Variance
Dear BZA Members:
The existing overall shopping center, Merchants' Square, is an older property that has
undergone much transition through the years. As such, the tenants and mix of tenants,
associated parking and the City of Carmel code have changed much over the years. When
comparing the overall existing center to current code relative to parking, the Center is short 497
parking spaces.
With the new theater in the new site plan, we will be 608 parking spaces short which includes
501 spaces for Flix. The proposed renovation to Merchants' Square will include removing the
existing Old Navy, a vacant retail space, and one structural bay of Hobby Lobby, for a total of
28,456 sq. ft. In this former retail area, we will construct 61 additional parking spaces.
However, we have removed 12 existing parking spaces to add landscape islands per the
recommendation of Carmel's Planning Department.
Flix Brewhouse has done extensive analysis on projected sales, customer counts, peak periods
by day/time slot, comparisons to other theater chains and their own experience in operating
theaters (see attached Flix memo dated October 11, 2014). This analysis concludes that at the
highest peak period of the week (6 p.m.-9 p.m. on Saturday), they would have 711 customers.
Their average customer-per-car is 2.2- 2.4, indicating needed parking on their busiest time on
Saturday nights of 297-323 parking spaces (vs. the 501 spaces required under code).
Flix Brewhouse, based on their extensive theater development/redevelopment experience, have
found that a parking ratio of one space for every four seats (Flix has 1002 seats, so this ratio
would require 250 spaces for Flix vs. the 501 required by City code) is often the norm for theater
parking, which is exactly half the amount required by the City of Carmel code. This parking ratio
RAMCO
GERSHEN SON
INCORPORATED
BZA Members
City of Carmel
October 17, 2013
Page 2
typically works as parking is often shared across the broader shopping center as the theater
peak periods tend to be those times that the retail and other mixed uses tend to not draw a large
customer base, e.g., Saturday night. Flix Brewhouse has also offered that they may use valet
parking, if they feel parking becomes inadequate during peak periods.
In summary, Ramco-Gershenson, Inc. and Flix Brewhouse have both done extensive analysis
on the existing and proposed parking, taking into account the tenant base and associated use.
We believe the new site plan will provide sufficient parking to meet the proposed Flix
Brewhouse and existing retail shops. We are very excited about the redevelopment and what it
would mean for Merchants' Square, the City of Carmel, and the entire community.
Ve . ly y%ur
r oss . Gallentine, R.A.
Project Manager
Enclosure
cc: Matt Silvers, Flix Brewhouse
Ed Wizner, Ramco-Gershenson, Inc.
RG/ml
FLBXENTERTAINMENT LLC
MEMORANDUM
TO: Ross Gallantine,Ramco Gershenson
FROM: Matt Silvers, Flix Entertainment
RE: Flix Brewhouse at Merchant's Square
DATE: October 11,2013
You asked that I memorialize our standard parking requirements for our prototype Flix Brewhouse
cinema/eatery concept. To be specific,our prototype concept ranges in square footage from 35,000 to
40,000 square feet. Our Carmel,Indiana location will fall within that range and seat approximately 972
guests.
Carmel has requested a parking ratio of 1 parking space per 2 seats. We adhere to different, but
commonly accepted"parking spaces per 1,000 square feet of leasable floor area"standard. As such,Flix
typically requests a 7:1(245 to 280 spaces)parking ratio for"in-fill"or adaptive reuse projects and a
10:1(350 to 400 spaces) parking ratio for new,ground-up developments,given that the additional
parking spaces can be planned for and included early in the planning and development process. Flix
Entertainment supports,where possible,efficient and logical parking planning and the general
minimization or tailoring of impervious surfacing to minimize runoff and to maximize the aesthetic for
our patrons.
Based upon our own research,we have determined that once a Flix Brewhouse location reaches its
maximum theoretical capacity in a given market it will likely generate up to 6,500 guest visits per week,
on average. Allowing for this maximum potential,parking requirements at Merchant's Square should
largely echo the prospective usage needs of the new anchor tenant at the center and not be based upon
an arbitrary standard that is more relevant to large format cinemas—which we are not. Therefore,
drawing on our own internal analysis,the demography of Carmel,the likelihood of a local patron to
drive to Flix Brewhouse and the frequency of showtimes for a standard eight screen Flix Brewhouse
operating mostly over a 12-14 hour period on any given day,the maximum probable guests break down
as follows:
--Day '! Monday Tuesday Wednesday Thursday Friday Saturday Sunday TOTAL.
A'v gb/day/week; 6`9' 7% 8% 11% 24% 27% 17% 100%
Av3
Guess/day'/week 389 436 506 700 1564 1782 1122 6,500
Ay'Number of 22 22 22 22 35 38 35 231
St o itimesJiii�Y'- ;
Clearly,our busiest day of the week is Saturday which breaks down on an attendance by time-block
basis as follows:
Carmel,IN Parking Requirement Memo Page 1
ELIXENTERTAINMENT LLC
Time Open—12pm 12pm—3pm 3pm—6pm 6pm-9pm 9pm to close
°Attend8Ttte)S6_, `.''E 4.6% 15.1% 21.6% 39.9% 18.7%
AY:1'ntm1611,782, 83 269 385 711 334
During Flix Brewhouse's busiest time period (6:00 pm to 9:00 pm on a Saturday),on an average busy
Saturday,we would expect to see roughly 711 patrons over a three hour period,with guests arriving
early for a movie and dinner,watching the movie and leaving multiple times during the multiple
showtimes or"sets"that will occur during this time period. On average,we would expect multiple sets
all of varied size depending on the auditorium,to fall within this time window at various stages of the
dining/viewing continuum. Assuming, however,that they all began at 6:00 pm and end at 9:00 pm
(which would never be the case—but to carry through the analysis to its conclusion we will make this
assumption)we would need to provide parking for 711 guests,all at once.
Based upon our own internal studies,on average,every automobile that is parked at the current Flix
Brewhouse Round Rock,Texas location contains between 2.2 and 2.4 occupants.We would not expect
this number to vary radically by geographic location as the external variables that contribute to this
statistic are largely uniform,based upon our own site selection requirements. Approximately 66%of
our customer base is comprised of families and couples who travel to Flix Brewhouse in one automobile.
A much smaller percentage of our customer base is comprised of singles who travel in their own vehicle;
thus the blended average vehicle occupancy factor of 2.2—2.4. This variable is entirely consistent with a
study conducted by Santikos Theaters(www.santikos.com)which concluded that there are
approximately 2.4 occupants per vehicle at any of the ten Santikos movie theaters now operating.
Applying the lower and more conservative variable of 2.2 to the Flix Brewhouse Carmel Saturday
calculation,the total number of automobiles that Flix Brewhouse Carmel would have to park at peak
hours on a Saturday,assuming all sets began at 6:00 pm (which we have established would never
happen),would be roughly 323 vehicles(711 simultaneous guests within the peak time block divided by
2.2 occupants per vehicle=323 vehicles). Because there are always a few guests simply enjoying the
brewpub feature of Flix Brewhouse,or simply waiting for a show to begin,the additional spaces being
provided by ownership will accommodate up to an additional 200 non-movie watchers.
Taking this analysis even further, if we need 323 parking spaces to accommodate 711 guests,then if we
were somehow able to seat all of the roughly 972 seats in the entire movie theater simultaneously,by
extrapolation,we would need 441 parking spaces for an eventuality that would likely never come to
pass. In terms of seat-to-parking space ratio,Carmel is requesting that we maintain a 1:2 ratio of
parking spaces to seats. This would equate to 486 spaces,which is far more than we need and not far
off of the approximately 445 parking spaces that we will be provided,which would equate to a roughly
.91:2 ratio. In summary,we are comfortable with the parking allotted to us by ownership and are
hopeful that the municipality will see the merit in varying this requirement from code as presently
written.
Should you have any further questions or comments, please feel free to contact me directly.
Carmel,IN Parking Requirement Memo Page 2
CITY OF CARMEL - BOARD OF ZONING APPEALS
APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE
FEES: Single Family (Primary Residence) $302 for the first variance, plus $93.00 for each additional section of the
ordinance being varied. All Other$1,197 for the first variance, plus $565 for each additional section of the
ordinance being varied. Or, see Hearing Officer Option & Fees.
DOCKET NO. 13100011V DATE RECEIVED: October 17,2013
1) Applicant: Ramco-Gershenson, Inc.
Address: 31500 Northwestern Hwy.,Suite 300, Farmington Hills,MI 48334
2) Project Name: Flix Brewhouse-Parking Phone: 248-350-9900
Engineer/Architect: Camburas&Theodore Ltd. Phone: 847-298-1525
Attorney: Phone:
Contact Person: Ross S. Gallentine Phone: 248-592-6326
Email: rqallentinerqpt.com
3) Applicant's Status: (Check the appropriate response)
(a)The applicant's name is on the deed to the property (b) The applicant is the contract
purchaser of the property. (c) Other: X
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Ramco-Gershenson Properties, LLC
Owner's address: 31500 Northwestern Hwy., Suite 300, Farmington Hills, 1 48334 Phone:248-350-9900
5) Record of Ownership:
Deed Book No./Instrument No. 200400003893/007004670
Page: Purchase date: 2010
6) Common address of the property involved: 2140-2472 E. 116th Street, 271 Merchants'Square Drive,and 1235
Keystone Way, Carmel, IN 46032
Legal description: See Attached Exhibit"A"
Tax Map Parcel No.: 16-90-08-00-00-034-375; 16-10-31-00-00-011, 16-10-31-00-00-012.000; 16-10-31-00-00-
013.000; 16-10-31-00-00-016.000; 16-10-31-00-00-016-011; 16-10-31-00-00-016.012; 16-10-31-00-00-016.025; 16-10-
31-00-00-016.026; 16-10-31-00-00-016.029; 16-10-31-00-00-013.001
7) State explanation of requested Development Standards Variance: (State what you want to do and cite the
section number(s)of the Carmel/Clay Zoning Ordinance that applies and/or creates the need for this request).
Bring the existing noncompliant parking to code and provide new parking for Flix. Code Section Chapter 27.08.
8) State reasons supporting the Development Standards Variance: (Additionally,complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
Bring existing Shopping Center up to code
9) Present zoning classification of the property: B-8 /Business
10) Size of lot/parcel in question: 25.6374 acres
11) Present use of the property: Commercial
12) Describe the proposed use of the property: Commercial
13) Is the property: Owner occupied Renter occupied X Other
14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this
property that would relate or affect its use for the specific purpose of this application? If yes, give date and
docket number, instrument no., decision rendered and pertinent explanation.
No
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: No
Builder:
16) If proposed appeal is granted, when will the work commence?
As soon as weather permits
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Shopping Center
NOTE: LEGAL NOTICE shall be published in the Noblesville Times a MANDATORY twenty-five(25)days prior to the
public hearing date. The certified"Proof of Publication"affidavit for the newspaper must be available for inspection the
night of the hearing.
LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are
recommended:
1)CERTIFIED MAIL-RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt
should be stamped by the Post Office at least twenty-five (25) days prior to the public hearing date.)
2)HAND DELIVERED to adjoining and abutting property owners(A receipt signed by the adjoining and abutting
property owner acknowledging the twenty-five(25)day notice should be kept for verification that the notice was
completed.)
REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT.
The applicant understands that docket numbers will not be assigned until all supporting information has been
submitted to the Department of Community Services.
1
Applicant Signature: 1 I Date: /047--r>
The applicant certifies by gning this application that he/she has been advised that all representations of the Department of
Community Services are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or
the legal advice of his/her attorney.
•
NOTICE OF PUBLIC HEARING BEFORE THE
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Docket No. 13100011V
Notice is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the 29th day of October, 2013 at
5:30 pm in the City Hall Council Chambers of Caucus Rooms-(choose one), 1 Civic Square, Carmel, Indiana 46032 will
hold a Public Hearing upon a Development Standards Variance application to: Parking Chapter 27.08
(Explain your request--see question numbered seven (7))
Bring the existing non-compliant parking to code and provide new parking for Flix. Code Section Chapter 27.08.
property being known as (address) 2140-2472 E. 116th Street, 271 Merchants' Square Drive, and 1235 Keystone
Way, Carmel, IN 46032
The application is identified as Docket No. 13100011V
The real estate affected by said application is described as follows:
(Insert Legal Description (see attached) or Tax ID parcel number(s)) See Below*
All interested persons desiring to present their views on the above application,either in writing or verbally,will be given an
opportunity to be heard at the above-mentioned time and place.
*16-10-31-00-00-011.000; 16-10-31-00-00-012.000; 16-10-31-00-00-013.000; 16-10-31-00-00-016.000
16-10-31-00-00-016.011; 16-10-31-00-00-016.012; 16-10-31-00-00-016.025; 16-10-31-00-00-016.026
16-10-31-00-00-016.029; 16-10-31-00-00-013.001
(„,--re
P: ITIINER
(Note:When mailing out public notices to adjacent property owners, it is recommended that you include a location map,as
well.)
Page 7 - filename:application development standards variance 2013.docx rev.1/2/2013
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE
Docket No.: 13100011V
Petitioner: Ramco-Gershenson, Inc.
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
We will be providing more parking spaces than what exixt today, because we are demolishing 28,456 sq. ft
of existing retail and replacing the demolished area with parking lot and landscaping
2. The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner because:
We have not used any adjacent parking,except as allowed per agreements for cross-access agreement,and
will not use any adjacent parking except as allowed per agreements for cross-access agreement
3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the
use of the property because:
Per parking code, the existing site in non-compliant at 497 parking spaces short. We would need to close stores
to comply with parking code.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
Docket No. is granted, subject to any conditions stated in the minutes of this
Board, which are incorporated herein by reference and made a part hereof.
Adopted this day of , 20
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on back. Petitioner or representative to sign.
Page 10 - filename:application development standards variance 201 3.docx rev.1/2/2013
EXHIBIT A - LEGAL DESCRIPTION
PARCEL A:
Part of the South Half of Section 31, Township 18 North, Range 4
East of the Second Principal Meridian in Clay Township,
Hamilton County, Indiana, described as follows:
Commencing at the Southwest corner of the South Half of Section
31, Township 18 North, Range 4 East; thence North 89 degrees 50
minutes 15 seconds East (assumed bearing) on the South line of
said South Half, 2313.00 feet; thence North 00 degrees 09
minutes 45 seconds West 866.00 feet; thence North 89 degrees 50
minutes 15 seconds East 41.89 feet to a point on the Westerly
line of parcel of real estate conveyed to Mundy Realty, Inc. by
a Warranty Deed recorded as Instrument Number 9709749655 in the
Office of the Recorder of Hamilton County, Indiana, said point
being also on the Easterly line of a parcel of real estate
designated as right-of-way for "AAA" Way Drive in a conveyance
to the City of Carmel, Indiana, for the use and benefit of its
Department of Redevelopment, by a Limited Warranty Deed
recorded as Instrument Number 9809828789 in the Office of the
Recorder of Hamilton County, Indiana; (the following five
courses are on the Easterly line of said right-of-way parcel of
real estate described in Instrument Number 9809828789) 1. )
thence North 00 degrees 15 minutes 30 seconds West 8.62 feet to
the Northwesterly corner of said Mundy real estate, said corner
being the PLACE OF BEGINNING of the within described parcel of
real estate; 2 . ) thence North 00 degrees 15 minutes 30 seconds
West 78 .30 feet; 3 . ) thence North 15 degrees 01 minute 43
seconds East 31 .38 feet; 4. ) thence North 27 degrees 17 minutes
26 seconds East 235 .11 feet to a point on a line that is 35 .00
feet East of and parallel with the East line of real estate
conveyed to Hoosier Motor Club, by a Warranty Deed recorded on
pages 519 and 520 of Deed Record 329 in said Recorder' s Office;
5.) thence North 00 degrees 09 minutes 45 seconds West on said
line 225 .88 feet to the Southwesterly corner of a parcel of
real estate designated as "Street B" in said conveyance to the
City of Carmel, Indiana, by Instrument Number 9809828789; (the
following nine courses are on the Southerly and Southwesterly
perimeter lines of said "Street B" parcel) 1. ) thence North 44
degrees 50 minutes 15 seconds East 21.21 feet; 2. ) thence North
89 degrees 50 minutes 15 seconds East 385 .00 feet; 3.) thence
South 67 degrees 59 minutes 16 seconds East 38 .54 feet; 4.)
thence South 45 degrees 48 minutes 47 seconds East 149 .23 feet;
4
EXHIBIT A - CONT'D
5 . ) thence South 58 degrees 02 minutes 27 seconds East 213 .28
feet; 6 . )- thence South 17 degrees 48 minutes 57 seconds East
48 .70 feet; 7. ) thence South 56 degrees 04 minutes 13 seconds
East 51.47 feet; 8 . ) thence North 72 degrees 04 minutes 13
seconds East 38.14 feet; 9.) thence South 56 degrees 04 minutes
13 seconds East 128.31 feet to the Southeasterly corner of said
"Street B" parcel on the Southwesterly right-of-way line of a
street known locally as Keystone way East, as said right-of-way
was dedicated to the City of Carmel, Indiana, per a document
titled "Acknowledgment of Dedication and Acceptance" recorded
as Instrument Number 3688 on pages 493 through 497 of
Miscellaneous Record 159 in said Recorder's Office, said line
being also the Southwesterly line of a parcel of land described
as "Tract A" in a conveyance to the City of Carmel, Indiana,
for the use and benefit of its Department of Redevelopment, per
a Limited Warranty Deed recorded as Instrument Number .
200100050090 in said Recorder's Office; thence South 34 degrees
00 minutes 28 seconds East on the Southwesterly line of said
"Tract A", a distance of 30.83 feet to a point on the Northerly
line of real estate conveyed to MCL, Inc. by a Warranty Deed
recorded on pages 213 and 214 of Deed Record 300 in said
Recorder's Office; thence South 89 degrees 50. minutes 15
seconds West 189.07 feet to the Northwesterly corner of said
MCL, Inc. real estate; thence South 00 degrees 09 minutes 45
• seconds East 438 .05 feet; thence South 89 degrees 50 minutes '15
seconds West 60 .00 feet; thence South 00 degrees 09 minutes 45
seconds East 255 .00 feet; thence South 89 degrees 50 minutes 15
seconds West 45.00 feet;. thence South 00 degrees 09 minutes 45
seconds East 57 .47 feet to the Northeasterly corner of a parcel
of real estate designated as "Street A" in said conveyance to
the City of Carmel, Indiana, by Instrument Number 9809828789;
(the following three courses are on the Northerly line of said
"Street B" parcel) 1. ) thence South 89 degrees 50 minutes 15
seconds West 73 .00 feet; 2 . ) thence North 89 degrees 35 minutes
53 seconds West 72.00 feet to a point on a line that is the
Easterly prolongation of the South line of the aforesaid real
estate conveyed to Mundy Realty Inc. by the aforesaid Warranty
Deed recorded as Instrument Number 9749655; 3 . ) thence South 89
degrees 44 minutes 30 seconds West on said line 250 .00 feet to
the Southeasterly corner of said real estate; (the following
ten courses are on the Easterly and Northerly lines of said
"Mundy" real estate) 1. ) thence North 00 degrees 15 minutes 30
seconds West 532 .37 feet; 2 .) thence South 89 degrees 44
minutes 30 seconds West 54.90 feet; 3 . ) thence North 00 degrees
15 minutes 30 seconds West 13 .93 feet; 4. ) thence South 89
degrees 44 minutes 30 seconds West 157.25 feet; 5 . ) thence
-2-
4 4
EXHIBIT A - CONT'D
North 00 degrees 15 minutes 30 seconds West 32 .00 feet; 6.)
thence South 89 degrees 44 minutes 30 seconds West 68. 00 feet;
7 . ) thence North 00 degrees 15 minutes 30 seconds West 74 .19
feet; 8 .) thence South 89 degrees 44 minutes 30 seconds West
56.00 feet; 9 . ) thence South 00 degrees 15 minutes 30 seconds
East 66.19 feet; 10 . ) thence South 89 degrees 44 minutes 30
seconds West 61.00 feet to the place of beginning at the
Northwesterly corner of said. Mundy real estate.
ALSO, PARCEL B:
Part of the South Half of Section 31, Township 18 North, Range 4
East of the Second Principal Meridian in Clay Township,
Hamilton County, Indiana, described as follows:
Commencing at the Southwest corner of the South Half of Section
31, Township 18 North, Range 4 East; thence North 89 degrees .50 •
minutes 15 seconds East (assumed bearing) on the South line of
said South Half, 2313 .00 feet; thence North 00 degrees 09
minutes 45 seconds West 45.00 feet to the Northerly line of a .
parcel of real estate- conveyed to the City of Carmel, Indiana,
for the use and benefit of - its Department of Redevelopment,- by
a Limited Warranty Deed recorded as Instrument Number ' T . .
9809828789 in the Office of the Recorder of Hamilton 'County, . ' .
Indiana; thence North 89 degrees 50 minutes 15 seconds East on
the Northerly line of -said real estate 165 .34 feet to the
Southeasterly corner of real estate conveyed to the City of
Carmel Indiana, for the use and benefit of its Department of
Redevelopment, by a Limited Warranty Deed recorded as
Instrument Number 200200053381 in said Recorder's Office, said
corner being the PLACE OF BEGINNING of the within described
parcel of real estate; thence continuing North 89 degrees 50
minutes 15 seconds East on the Northerly line of said real
estate 469.68 feet to its intersection with the Northerly
right-of-way line of 116th Street; thence North 89 degrees 01
minute. 00 seconds East on said right-of-way line 200.00 feet to
a point on the Westerly line of real estate described in a
Warranty Deed recorded as Instrument Number 9331038 in said .
Recorder's Office; thence North 00 degrees 09 minutes 45
seconds West on the Westerly line of said real estate 199.63
feet to the Southeasterly corner of a parcel of real estate as
conveyed to the City of Carmel, Indiana, for the use and
benefit of its Department of Redevelopment, per the aforesaid
Limited Warranty Deed recorded as Instrument Number 9809628789;
thence South 89 degrees 50 minutes 15 seconds West on the
-3-
EXHIBIT A - CONT'D
Southerly line of said real estate 592 .00 feet; thence South 00
degrees 09 minutes 45 seconds East on a line of said real
estate 6.75 feet; thence South 89 degrees 50 minutes 15 seconds
West on the Southerly line of said real estate 170. 00 feet;
thence South 43 degrees 13 minutes 53 seconds West on the
Southerly line of said real estate 18.92 feet to the
Southwesterly corner of said parcel of real estate, said corner
being on the Easterly line of a parcel of real estate as
conveyed to the City of Carmel, Indiana, for the use and
benefit of its Department of Redevelopment, per the aforesaid
Limited Warranty Deed; thence South 00 degrees 09 minutes 45
seconds East on the Easterly line of said real estate 160.00
feet; thence South 45 degrees 09 minutes 45 seconds East on
said Easterly line 10.25 feet to the Northwesterly corner of
said real estate conveyed to the City of Carmel, Indiana by
said Instrument Number 200200053381; thence South 81 degrees 36
minutes 39 seconds East on the Northerly line of said real
estate 99 .20 feet to the place of beginning.
ALSO, PARCEL C: .
Part of the South Half of Section 31, Township 18 North, Range
4 East of the Second Principal Meridian in Clay Township, •
. Hamilton County, Indiana, described as follows: . .
Commencing at the Southwest corner of the South Half of Section
31, Township 18 North, Range 4 East; thence North 89 degrees 50
minutes 15 seconds East (assumed bearing) on the South line of
said South Half, 2313 .00 feet; thence North 00 degrees 09
minutes 45 seconds West 594.00 feet; thence North 42 degrees 09
minutes 00 seconds West 26.91 feet to the PLACE OF BEGINNING of
the within described parcel of real estate; thence continuing
North 42 degrees 09 minutes 00 seconds West 29 .59 feet to a
Northeasterly corner of real estate conveyed to First Indiana
Federal Savings Bank by a Warranty Deed recorded on page 228 of
Deed Record 268 in the Office of the Recorder of Hamilton
County, Indiana, thence South 89 degrees 50 minutes 15 seconds
West on the Northerly line of said real estate 249 .56 feet to
the Northwesterly corner of said real estate, said corner being
on a line that bears North 61 degrees 40 minutes 00 seconds
West from a point on the aforesaid line having a length of
594.00 feet and bearing North 00 degrees 09 minutes 45 seconds
West from the point on the South line of said South Half;
thence North 61 degrees 40 minutes 00 seconds West 469.53 feet
to the Southerly right-of-way line of a roadway known as Cannel
-4-
•
•
•
•
EXHIBIT A - CONT'D
Medical Drive, as said right-of-way was dedicated to the City of
Carmel, Indiana, by a document titled "Acknowledgment of
Dedication and Acceptance" executed on December 11, 1979 by the
City of Carmel, Indiana, through its Board of Public Works and
recorded on pages 493 through 497 of Miscellaneous Record 159
in said Recorder' s Office; thence North 00 degrees 09 minutes
45 seconds West 25 .65 feet to the centerline of said roadway;
thence North 76 degrees 56 minutes 20 seconds East on said
centerline 76.58 feet to the point of curvature of a curve to
the left, the radius point of which lies 200 . 00 feet North 13
degrees 03 minutes 40 seconds West from said point of
curvature; thence Northeasterly, curving to the left on said
centerline, an arc distance of 170.17 feet to the Southwesterly
corner of real estate conveyed to the United States Postal
Service by a Warranty Deed recorded on pages 865 and 866 of
. Deed Record 326 in said Recorder's Office; thence North 89
degrees 50 minutes 15 seconds East on the Southerly line of
said real estate 146.24 feet to a point that is 258 .75 feet
South 89 degrees 50 minutes 15 seconds West from the Southeast
corner of said real estate; thence South 00 degrees 09 minutes
45 seconds East 48 .00 feet; thence North 89 degrees 50 .tetinutes
15 seconds East 258 .75 feet; thence North 00 degrees 09 minutes
- 45 seconds West 48 .00 feet to the Southeast corner of said ..real
estate, being also the Southwesterly corner of real estate
conveyed to the United States Postal Service by a Warranty Deed
recorded as Instrument Number 8729055 in said Recorder' s .
Office; thence North 89 degrees 50 minutes 15 seconds East on
the South line of said real estate 87 .29 feet to a point on the
Westerly line of parcel of real estate conveyed to the City of
Carmel, Indiana, for the use and benefit of its Department of
Redevelopment, by a Limited Warranty Deed recorded as
Instrument Number 9809828789 in said Recorder's Office; thence
South 15 degrees 01 minute 43 seconds West on said Westerly
line 62.14 feet; thence South 00 degrees 09 minutes 45 seconds
East on said Westerly line 328 .75 feet to the place of
beginning_
ALSO, PARCEL D:
Part of the South Half of Section 31, Township 18 North, Range
4 East of the Second Principal Meridian in Clay Township,
Hamilton County, Indiana, described as follows :
Commencing at the Southwest corner of the South Half of Section
31, Township 18 North, Range 4 East; thence North 89 degrees 50
-5-
•
EXHIBIT A - CONT'D
minutes 15 seconds East (assumed bearing) on the South line of
said South Half, 2313.00 feet; thence North 00 degrees 09
minutes 45 seconds West 866.00 feet; thence North 89 degrees 50
minutes 15 seconds East 41.89 feet to a point on the Westerly
line of parcel of real estate conveyed to Mundy Realty, Inc. by
a Warranty Deed recorded as Instrument Number 9749655 in the
Office of the Recorder of Hamilton County, Indiana, said point
being also on the Easterly line of a parcel of real estate
designated as right-of-way for "AAA" Way Drive in a conveyance
to the City of Carmel, Indiana, for the use and benefit of its
Department of Redevelopment, by a Limited Warranty Deed
recorded as Instrument Number 9809828789 in the Office of the
Recorder of Hamilton County, Indiana; (the following five
courses are on the Easterly line of said parcel of real estate)
1.. ) thence N 00 degrees 15 minutes 30 seconds West 8. 62 feet;
2 . ) thence North 00 degrees 15 minutes 30 seconds West 78.30
feet; 3.) thence North 15 degrees 01 minute 43 seconds East
•
31.38 feet; 4.) thence North 27 degrees 17 minutes 26 seconds
East 235.11 feet to a point on a line that is 35.00 feet East
of and parallel with the East line of real estate conveyed to
. Hoosier Motor Club, by a Warranty Deed recorded on pages 519
and 520 of Deed Record 329 in said Recorder' s Office; :5 :)
thence North 00 degrees 09 minutes 45 seconds Weston said line
• 285 .88 feet to the Northwesterly corner of a parcel-of .real
estate designated as "Street B" .in said conveyance. to the' .City
of Carmel, Indiana, by Instrument Number 9809828789, said
corner being on the Northerly line of a parcel of real estate
conveyed to Ben Mar, LLC, by a Warranty Deed recorded as
Instrument Number 9709749659 in said Recorder's Office; thence
North 89 degrees 50 minutes IS seconds East on the Northerly
line of said "Street B" parcel, being also the Northerly line
of the real estate conveyed to Ben Mar, LLC, by Instrument
Number 9709749659, a distance of 432 .00 feet to the
intersection of said line with the Northeasterly line of said
"Street B" parcel, said intersection being the PLACE OF
BEGINNING of the within described parcel of real estate; (the
following four courses are on the Northeasterly line of said
"Street B" parcel) 1. ) thence South 45 degrees 48 minutes 47
seconds East 142 .00 feet; 2 . ) thence South 58 degrees 02
minutes 27 seconds East 247 .00 feet; 3 . ) thence North 68
degrees 05 minutes 48 seconds East 41.89 feet; 4. ) thence North
22 degrees 21 minutes 21 seconds East 9.01 feet to a point on
the Northwesterly prolongation of the Southwesterly
right-of-way line of a street known locally as Keystone Way
East, as said right-of-way was dedicated to the City of Carmel,
Indiana, per a document titled "Acknowledgement of Dedication
-6-
•
•
•
EXHIBIT A - CONT'D
and Acceptance" , recorded as Instrument Number 3688 on pages
493 through 497 of Miscellaneous Record 159 in said Recorder's
Office, said point being also the Southwesterly corner of a
parcel of real estate designated as "Tract C" in a conveyance
to the City of Carmel, Indiana, for the use and benefit of its
Department of Redevelopment, by a Limited Warranty Deed
recorded as Instrument Number 9809828790 in the Office of the
Recorder of Hamilton County, Indiana; thence continuing North 22
degrees 21 minutes 21 seconds West on the Westerly line of said
"Tract C" parcel 33.48 feet; thence North 18 degrees 43 minutes
12 seconds East on the Westerly line of said "Tract C" parcel
90.82 feet to a point on the Southerly line of real estate
conveyed to Barnes Investment II Co. , per a Warranty Deed
recorded as Instrument Number 9909905538 in said Recorder' s
Office, said Southerly line being also the Easterly
prolongation of a Northerly line of the real estate conveyed to
Ben Mar, LLC , by Instrument Number 9709749659; thence South 89
degrees 55 minutes 00 seconds West on the Southerly line of said
"Barnes" real estate 293 .37 feet to the Southwesterly corner of
said "Barnes" real estate on the Easterly line of real estate
.conveyed to Keystone Shopping Center Company by' a Warranty Deed .
recorded on pages 17 and 18' of Deed Record 316 in said
Recorder' s Office; thence North 00 degrees 05 minutes 00 seconds
. . West on the Westerly line of said "Barnes" real estate, being ' '
.. . also the Easterly line of the .real estate conveyed to Ben Mar,
.LLC, per Instrument Number 9709749659, .a distance of 89 .50 feet
to the Northeasterly corner of said "Ben Mar, LLC" real estate;
thence South 89 degrees 50 minutes 15 seconds West on the
Northerly line of said real estate 102.07 feet to the place of
beginning.
ALSO, PARCEL E:
Part of the South Half of Section 31, Township 18 North, Range
4 East of the Second Principal Meridian in Clay Township,
Hamilton County, Indiana, described as follows:
1 Commencing at the Southwest corner of the South Half of Section
31, Township 18 North, Range 4 East; thence North 89 degrees
50 minutes 15 seconds East (assumed bearing) on the South line
of the South Half of said Section 31, a distance of 2847.20
feet; thence North 00 degrees 10 minutes 00 seconds West 19 .00
feet; thence North 75 degrees 16 minutes 00 seconds East 103 .30
feet to the Northerly right-of-way line of 116th Street; thence
North 89 degrees 01 minute 00 seconds East on said right-of-way
-7-
deetemmemmeme
4
EXHIBIT A - CONT'D
line 350.00 feet; thence North 88 degrees 58 minutes 00 seconds
East on said right-of-way line 100 .10 feet to its intersection
with the Westerly Limited Access Right-of-Way Line of Indiana
State Road No. 431 (a/k/a Keystone Avenue) ; thence Northerly on
said Limited Access Right-of-Way Line the following four
courses, North 44 degrees 13 minutes 00 seconds East 150.30
feet; thence North 02 degrees 05 minutes 00 seconds East 301.50
feet; thence North 00 degrees 41 minutes 00 seconds East 572 .80
feet; thence North 87 degrees 16 minutes 00 seconds West 51.10
feet to the Southeasterly corner of a parcel of real estate
conveyed to Ben Mar, LLC, per a Special Corporate Warranty Deed
recorded as Instrument Number 200000063501 in the Office of the
Recorder of Hamilton County, Indiana, said corner being on the
Northeasterly line of a non-exclusive Utility Easement and
• Right-of-Way line for a roadway known. locally as Keystone Way
East, as said right-of-way was dedicated to the City of Carmel,
Indiana, per a document titled "Acknowledgment of Dedication
and Acceptance" recorded as Instrument Number 3688 on pages 493
through 497 of Miscellaneous Record 159 in said Recorder' s
Office, said line being also the Northeasterly line of a parcel
of land described as "Tract A" in a conveyance to the City. of
Carmel, Indiana, for the use and benefit of its Department of
Redevelopment, per a Limited Warranty Deed recorded as.
Instrument Number 200100050090 in said Recorder's Office, said
corner being the PLACE OF. BEGINNING of the within described real
estate and also lying on a non-tangent curve, the radius point
of which lies 325 .00 feet South 59 degrees 27 minutes 50
seconds West of said corner; thence Northwesterly, curving to
the left on said curve and the Northeasterly line of "Tract A" ,
an arc distance of 19 .69 feet to the point of tangency of said
curve at a point that is 325 .00 feet North 55 degrees 59
minutes 32 seconds East of the radius point of said curve;
thence North 34 degrees 00 minutes 28 seconds West on said
Northeasterly line 54.03 feet; thence North 56 degrees 04
, minutes 13 seconds West on the Northeasterly line of said
"Tract A" parcel, a distance of 133 .11 feet to a point on the
Southwesterly line of the aforesaid non-exclusive Utility
Easement and Right-of-way Line, being common with the
Northeasterly line of a parcel of land designated "Street B" in
a conveyance to the City of Carmel, Indiana, for the use and
benefit of its Department of Redevelopment, by a Limited
Warranty Deed recorded as Instrument Number 9809828789 in the
Office of the Recorder of Hamilton County, Indiana; thence
North 34 degrees 00 minutes 28 seconds West on said common
line, a distance of 55 .26 feet to its intersection with the
Southeasterly line of a parcel of real estate designated as
-8-
•
EXHIBIT A - CONT'D
"Tract C" in a conveyance to the City of Carmel, Indiana, for
the use and benefit of its Department of Redevelopment, by a
Limited Warranty Deed recorded as Instrument Number 9809828790
in said Recorder's Office: thence North 22 degrees 21 minutes
21 seconds West on the said Southeasterly line of said "Tract
C" parcel and the Northeasterly prolongation thereof, being the
Southeasterly line of a parcel of real estate designated as
"Tract D" in said conveyance to the City of Carmel, Indiana, a
total distance of 119.92 feet; thence North 14 degrees 44
minutes 09 seconds East on the Southeasterly line of said
"Tract D" parcel 53 .14 feet to its intersection with the
Easterly line of a non-exclusive easement and right-of-way for a
roadway known locally as Keystone Way, being also the Easterly
line of the aforesaid "Tract C" parcel of land, said line being
on curve, the radius point of which lies 174 .10 feet North 75
degrees 15 minutes 51 seconds West from intersection; thence
Northeasterly, curving to the left on said Easterly line, an
arc distance of 19 .94 feet to the Northerly line of real estate
conveyed to Ben Mar, LLC by the above referenced Special
Corporate Warranty Deed recorded as Instrument Number
200000063501; thence North 89 degrees 55 minutes 00 seconds
East on said common line. 189.89 feet to the aforesaid Westerly
Limited Access Right-of-Way Line of Indiana State .Road No. 431;
(the following four 'courses are on the. Westerly Limited Access
Right-of-Way Line of Indiana State Road No. 431) .1. ) thence
South 03 degrees 43 minutes 00 seconds West 135.48 feet; 2 . )
thence South 03 degrees 07 minutes 00 seconds West 130.60 feet;
3 . ) thence North 86 degrees 58 minutes 00 seconds West 50 .00
feet; 4.) thence South 02 degrees 53 minutes 00 seconds West
100 .80 feet to the place of beginning.
ALSO:
PARCEL F
SIGN EASEMENT FOR THE BENEFIT OF PARCEL I AS SET FORTH IN AN
EASEMENT RECORDED MARCH 5, 1974 IN DEED RECORD 272 PAGE 369 AS
} INSTRUMENT NUMBER 1765.
ALSO:
PARCEL G
EASEMENTS FOR ACCESS, PARKING, UTILITIES AND SERVICE
BENEFITTING TELE INSURED REAL ESTATE AS DESCRIBED IN A CERTAIN
-9-
4 I
EXHIBIT A - CONT'D
EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND DATED
NOVEMBER 13, 1997, AND RECORDED NOVEMBER 17, 1997, AS
INSTRUMENT NUMBER 9749660 .
ALSO:
PARCEL H
Access Easement Agreement dated June 16, 1998, and recorded
January , 2004, as Instrument Number
-10-
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10/17/13
PARKING COUNTS AT MERCHANT'S SQUARE
As of Today
Existing retail with Marsh = 359,161 total sq.ft.
Parking required:
Retail 337,243 x 5/1000 = 1,686 spaces
Restaurants 21,918 sq. ft. x 1/80 = 274 spaces
Total spaces required 1,960 spaces
Existing spaces 1,463 spaces
497 spaces short
PROPOSED
Proposed Flix's with Marsh = 330,705 total sq. ft.
Parking required:
Retail = 268,927 x 5/1000 = 1,345 spaces
Restaurants 21,918 sq ft. x 1/80 = 274 spaces
Flix's 1002 seats @ 1/2 seats = 501 spaces
Total spaces required 2,120 spaces
Spaces provided 1,524 spaces
Spaces turned into landscape
Islands per Planning's request 12
Total Spaces Provided 1,512
608 spaces short