HomeMy WebLinkAboutPacket for PC 10-18-22MEMORANDUM
TO: Carmel Plan Commission
FROM: Michael Hollibaugh
Department of Community Services
SUBJECT: Docket no. PZ-2022-00194 CA
Commitment Amendment for C2 Rezone Z-628-17
DATE: October 7, 2022
The City is seeking to amend the Commitments which accompany the C-2 Rezone ordinance Z-628-17, a
35.2 acre property located in the NE quadrant of the Pennsylvania Street/111th Street roundabout.
The property is identified as 110 E 111th Street, Carmel, IN 46280, which generally bound by:
Pennsylvania Street (west), commercial office at 11405 Pennsylvania St and Northern Heights
subdivision (north); Waterwood subdivision (east), 111th street (south)
The proposed amendment is intended to tailor the commitments to a specific development proposal
currently being reviewed with the Redevelopment Commission. A multi-phase, mixed-use development
is proposed for the site, designed consistent with the C2 Mixed-use District parameters and the majority
of the recorded commitments. The proposed amendment affects a minimal amount of the language which
would impede or prevent the project’s construction.
Filed by the Carmel Dept. of Community Services.
SITE AERIAL MAP
Summary:
This Commitment Amendment proposal is to modify a small number of the Commitments which were
agreed to and recorded with the adopted C2 rezone, Ordinance Z-628-17.
The Commitments contain an amendment provision (pg. 3) which grants the Plan Commission authority
to amend or terminate the Commitment at a public hearing after proper legal notice has been given.
Public Notice for this amendment was made pursuant to the Plan Commission Rules of Procedure and is
on file in the electronic record for this petition, PZ-2022-00194 CA.
The rezone was approved in 2017 after Plan Commission and City Council spent several months
reviewing the proposal. There was a wide range of discussion based on conceptual site plans provided by
the petitioner, Browning Investments, none of which were well received.
A total of twelve (12) Commitments were drafted for the real estate to mitigate issues raised during the
rezone process including from input by residents presented at the public hearing. Many concerns
emanated from the concept plans intended to sell the proposal that were not well-designed and were
without sufficient details to give neighbors and Carmel officials a high degree of comfort with the project;
thus the need for specific commitments to address the following:
• Tree Preservation and Landscape Buffering
• Building Heights and Setbacks
• Permitted Uses including the location of some uses
• Street network and connections with adjacent existing streets
• Site Lighting
• Parking and the location of parking
• Architecture
• Bike Share
A new project for the property has been proposed by Pedcor Community Development Corporation, a
Carmel based company with a track record of success and the institutional experience capable of
executing a complicated mixed-use project.
A specific and well designed site plan with architectural imagery has been presented to the
Redevelopment Commission and to neighboring residents. The project has been presented to the City
Council who recently approved a request for TIF financing of a portion of the public infrastructure
planned for the project.
A copy of the slides presented to City Council can be found in the Laserfiche file for this petition; PZ-
2022-00194 CA
A copy of the recorded Commitments and redline copy with the proposed amendments are attached,
Exhibits A and B.
A copy of the proposed site plan is also attached, Exhibit C.
Exhibit A
2018003978 MISC $25.00 01/30/2018 08:30:01AM 7 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented
I11111111111111111111111111lllll111111111111111111111111111111 IIII1111
STATEMENT OF COMMITMENTS
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN
CONNECTION WITH A REZONING OR APPROVAL PETITION
In accordance with LC. 36-7-4-1015, the owner of the real estate located in Hamilton County, Indiana,
which is described below, makes the following commitments concerning the use and development of the
following parcel of real estate:
Legal Description: See attached Exhibit A.
Statement of Commitments:
1. At such time as the real estate is subsequently developed pursuant to approved Development Plan
and ADLS Petitions, Owner shall maintain a tree preservation area and buffer area along portions
of the east and north property lines. The widths of the tree preservation area and buffer area shall
be measured from the existing property lines. These areas and the standards of these areas are
defined as follows:
a. The tree preservation area shall be left natural, designated as a "no mow" area, and shall
follow the standards of Section 33.07 of the Carmel Zoning Ordinance. These standards shall
be applicable to the following portions of the north and east property lines:
1; Beginning at the northwest corner of the property and extending eastward along the north
property line· to the western right-of-way line of Washington Boulevard (extended), this
section of the tree preservation area shall have a minimum width of ten (10) feet.
2. Continuing eastward from the western right-of-way line of Washington Boulevard
(extended) along the north property line of the property to the northeast corner of the
property and continuing southward along the east property line terminating at the
southwest corner of the parcel addressed as 11172 Ruckle Street, this section of the tree·
preservation area shall have a minimum width of fifty (50) feet.
b. The buffer area shall be that portion of the east property line beginning at the southwest
corner of the parcel addressed as 11172 Ruckle Street and extending southward to and
terminating at the southwest corner of the parcel addressed as 11132 Blackstone Court. The
buffer area shall have a minimum width of thirty-five (35) feet. At such time as the real estate
is subsequently developed pursuant to approved Development Plan and ADLS Petitions,
Owner shall install in this buffer area, landscaping with a minimum base-planting unit for each
one hundred (100) linear foot increment of the buffer area consisting of the following:
1. Six (6) native 2.5'' caliper shade trees with no more than two (2) being evergreen trees;
2. Two (2) native 2.0" caliper ornamental trees;
3. Fifteen (15) native 24" tall shrubs.
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Following the installation of the required landscaping within the buffer area, the buffer area
shall be subject to a maintenance plan to be approved by the City of Carmel's Urban Forester.
The intent of the maintenance plan is to have the buffer area to appear as natural while
preventing invasive species of plants overtaking the required landscaping.
Within the area south of this buffer area, extending southward to and terminating at the
southeast corner of the property, Owner may install retention/detention ponds in this area as
approved as part of a Development Plan/ADLS approval.
c. At such time as the real estate is subsequently developed pursuant to approved Development
Plan and ADLS Petitions, Owner shall install and maintain a six (6) foot tall, shadow-box
cedar fence along the eastern property line of the property. A gap or opening of
approximately ten (10) feet in width through the fence for pedestrian use of an asphalt path,
which shall be provided where Burr Oak Drive abuts the property.
2. All buildings constructed after the effective date of these Commitments with direct frontage on
Pennsylvania Street and all buildings constructed after the effective date of these Commitments
with frontage on 111111Street which are within five hundred (500) feet of the intersection of 111111
Street and Pennsylvania Street shall be a minimum of four (4) stories in height.
3. Accessory buildings constructed after the effective elate of these Commitments must be
architecturally compatible with the principal building(s) and utilize the same exterior building
materials as the principal building(s) on all sides of the accessory building.
4. An internal north/south street connecting to 111111Street and an internal east/west street
connecting to Pennsylvania Street must be provided within the development as part of any future
development of the real estate. Both internal streets shall be dedicated to and maintained by the
City of Carmel for public use. Owner shall not physically connect the internal north/south street
to Washington Boulevard or the internal east/west street to Burr Oak Drive; provided, that the
Owner shall provide a means of emergency access from the internal north/south street to
Washington Boulevard in accordance with approved Development Plan and ADLS Petitions.
5. Cultural/Entertainment Uses and Retail & Service Uses (as defined by the Carmel Zoning
Ordinance, Appendix A: Schedule of Uses) must be located west of the internal north/south
street, with the exception of the ''Restaurant Without Drive Thru Sales" use, which may be
located on the east side of the internal north/south street, but must front directly onto the internal
north/south street.
6. No vehicular parking areas shall be permitted between a building face and Pennsylvania Street or
between a building face and 111111Street.
7. Parking garages located east of the internal north/south street shall be limited to a maximum of
two levels of parking above grade. Additionally, parking garages within the development shall be
designed in a manner that a minimum of thirty-five (35) percent of the total initial garage parking
spaces can be converted to other uses in the future.
8. The maximum building setback of thirty-five (35) feet shall apply to the primary building
frontages on Pennsylvania Street and 111111Street. Pertaining to this maximum building setback
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requirement, Owner retains the option to request a Zoning Waiver, as provided in Section
20F.00.03(7) in the Carmel Zoning Ordinance.
9. Light levels shall not exceed one-tenth (0.1) footcandles on any property line which is
shared with and abuts a residential use.
I 0. At such Lime as the real estate is subsequently developed pursuant to approved
Development Plan and ADLS Petitions, the development will join the Carmel Bike Share
program by providing a bike share station within the development for an initial period of
three (3) years. The Owner will consult with the City of Carmel Active Transportation
Coordinator to determine the number of bicycles and the location of the bike share station
within the development. Following the initial period, continuation of the bike rental
location will be reviewed by the Owner on an annual basis.
Additionally, development of the property shall include long-term bicycle parking spaces in
compliance with the standards of Section 27.06.04 of the Carmel Zoning Ordinance. The
number of long-term bicycle parking spaces shall be as follows:
Use Required Amount
Office 4 spaces for each 10,000 sq. ft., minimum of 2 spaces
Restaurants 2 spaces for each I 2,000 sq. ft. of floor area, minimum of 2
spaces
Commercial parking garages 1.5 spaces per 20 automobile spaces, minimum of 2 spaces
In addition to public bicycle parking, commercial parking
garages shall also include water fountain(s) and a bike
maintenance stand. The location and design shall be reviewed
and approved by the TSC.
11. Owner will comply with the Carmel Thoroughfare requirements.
12. Owner will direct all construction traffic to access and leave the development from either
111th
Street or Pennsylvania Street.
These COMMITMENTS shall be binding on the owner, subsequent owners of the real estate
and other persons acquiring an interest therein. These COMMITMENTS may be modified or
terminated by a decision of the Carmel Plan Commission made at a public hearing after proper
notice has been given.
COMMITMENTS contained in this instrument shall be effective upon the adoption of Docket
Number 17030026 Z approved by the Carmel City Council in Ordinance No. Z-628-17.
These COMMITMENTS may be enforced by the Carmel Plan Commission.
REFERENCE ONLY
Cultural and Entertainment Uses permitted in C2 Districts
REFERENCE ONLY
Retail and Service Uses permitted in C2 Districts
REFERENCE ONLY
C2 District – All Permitted Uses
EXHIBIT C
CONCEPTUAL SITE PLAN