HomeMy WebLinkAboutApplication
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NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS-AT-LAW
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINAVER
LAWRENCE J. KEMPER
JOHN B. FLATI
FREDRIC LAWRENCE
DAVID J. LICHTENBERGER
of counsel
JANE B. MERRILL
December 27, 2005
VIA HAND DELIVERY
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3105 EAST 98TH STREET
SUITE 170
INDIANAPOLIS, INDIANA 46280
317-844-0106
FAX: 317-846-8782
www.nf-Iaw.com
Matt Griffin
City of Carmel
RE: Buckingham Properties, Inc. and Mohawk Housing Partners, LLC
Rezone Request - Gramercy PUD Ordinance
Dear Matt,
Enclosed please find the following:
1. A Rezone Application;
2. The proposed Gramercy PUD Ordinance; and
3. Proposed Zoning Schedule
Please review the enclosed PUD Ordinance and schedule and advise me of the filing fee.
Please place this matter on the next T AC agenda. Thank you for your assistance and contact me
with any questions. '
Very truly yours,
NELSON & FRANKENBERGER, P.C.
J
JES/kat
Enclosure
H:\brad\Buckingham\Mohawk Rezone\Griffin Itr 122705.doc
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PETITION TO CHANGE THE OFFICIAL ZONING MAP
INCORPORATED BY REFERENCE INTO THE CARMEUCLA Y ZONING ORDINANCE
- REZONE APPLICATION -
$772.00 plus $103.00 per acre
(PUD $2,500.00, plus $103.00 per acre)
Date:
Docket No.:
. Name of Owner: Mohawk Housing Partners, LLC and Phone No.: (317) 974-1234
Buckingham Properties, Inc., c/o David Leazenby
. Owner's Address: 333 North Pennsylvania Street, 10th Floor Fax No.: (317) 974-1238
Indianapolis, IN 46204
. Attorney: James E. Shinaver, NELSON & FRANKENBERGER, 3105 East 98th Street, Suite 170,
Indianapolis, IN 46280 Phone No.: (317) 844-0106 Fax No.: (317) 846-8782
. Record of Ownership: Instrument Number: 200400054329 Recorded: August 4, 2004
. Legal Description (Use additional page(s) if necessary): See attached Exhibit "A".
. Common Address of Property Involved (or General Description if no Address Exists):
Mohawk Hills Apartment Complex - west of and adjacent to Keystone A venue and south of and adjacent
to 126th Street.
. Proposed Zoning Change: From the R2 District to the Gramercy PUD District, for the property
described in Exhibit "A", which is made a part of this petition.
. Statement of compliance with the Carmel/Clay Comprehensive Plan (use additional pages if necessary):
See attached Exhibit "B".
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AFFIDA VIT
(J/We), being duly sworn, depose and say that (J/We) (arn/are) the (owner(s)) of Fifty Percent (50%) or more
of the property involved in this application and that the foregoing signatures, statements, and answers herein
contained and the information herewith submitted are in all respects true and correct to the best of (my or
our) knowledge and belief.
MOHAWK HOUSING PARTNERS, LLC
BY: ~ ""-
Bradley B. Chambers, Managing Member
""7
333 North Pennsylvania Street. 10th Floor
Address
Indianapolis. IN 46204
City, State, ZIP
The applicant, correspondent, or agent (if different from owner or owners)
BUCKINGHAM PROPERTIES, INe.
Bv: Bradley B. Chambers. President
Name
(317) 974-1234
Telephone
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Date I I
Name
Telephone
Date
State of Indiana
County o~o. JL" 6--f'.--
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~~fi~XS ~n~t~~~l1A and
(nam~person(s))
acknowledged the execution of the foregoing instrument this::U day of
Before me the undersigned, a Notary Public for
County, State of Indiana, personally appeared
My commission expires:
t\ I C2-) \ 0
'clal Seal
Penny K. Mathews
Notary Public. Indiana
Resides in Marlon County
~II" ('I"m,..". EXD. Nov. 12, 20'.
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Exhibit "A" - Legal Description
Part of the Northwest Quarter and part of the Northeast Quarter of Section 31, Township 18
North, Range 4 East, in Hamilton County, Indiana, more particularly described as follows:
-Beginning at the Northwest Comer of the Northeast Quarter of Section 31, Township 18 North,
Range 4 East; thence South 90 degrees 00 minutes 00 seconds East (assumed bearing) on and
along the North line of said Northeast Quarter 657.90 feet; thence South 00 degrees 15 minutes
20 seconds East 2657.80 feet to the South line of said Northeast Quarter; thence South 89
degrees 56 minutes 10 seconds West on and along aforesaid South line 660.00 "feet to the
Southwest Comer of said Northeast Quarter; thence South 90 degrees 00 minutes 00 seconds
West on and along the South line of the Northwest Quarter of said Section 31, 660.00 feet;
thence North 00 degrees ,12 minutes 35 seconds West parallel with the East line of said
Northwest Quarter 2081.30 feet to a point which is 577.50 feet South and 00 degrees 12 minutes
35 seconds East of the North line of said Northwest Quarter; thence South 89 degrees 58 minutes .
35 seconds East parallel with the North line of said Northwest Quarter 379.50 feet; thence North
00 degrees 12 minutes 35 seconds West parallel with the East line of said Northwest Quarter
577.50 feet to the North line thereof; thence South 89 degrees 58 minutes 35 seconds East on and
along aforesaid North line 280.50 feet to.the Place of Beginning.
ALSO:
Part of the Northeast Quarter of Section 31, Township 18 North, Range 4 East, in Hamilton
County, Indiana, more particularly described as follows:
Beginning 657.90 feet North 90 degrees 00 minutes 00 seconds East (assumed bearing) of the
Northwest Comer of the Northwest Comer of the Northeast Quarter of Section 31, Township 18
North, Range 4 East, and on the North line thereof; thence South 00 degrees 15 minutes 20
seconds East 2657.80 feet to the South line of said Northeast Quarter, distant 66Q.00 feet
Easterly from the Southwest Comer thereof; thence North 89 degrees 56 minutes 10 seconds
East on and along aforesaid South line 476.85'feet to the West right of way line of State Road
#431; thence on and along aforesaid West right of way line of said State Road #431 the
foilowing Nine (9) courses; thence North 05 degrees 26 minutes 50 seconds East 157.45 feet;
thence North 01 degree 43 minutes 42 seconds East 200.42 feet; thence North 10 degrees 24
minutes 02 seconds East 150.56 feet; thence North 05 degrees 26 minutes 50 seconds East
462.20 feet to the point of Curvature of a curve to the left with a radius of 19,011.59 feet; thence
Northerly on and along said curve to the left 1,580.57 feet through a central angle of 04 degrees
45 minutes 48 seconds; thence North 38 degrees 59 minutes 10 seconds West 9?58 feet; thence
North 89 degrees 56 minutes 05 seconds West 200.00 feet; thence North 67 degrees 03 minutes
20 seconds West 54.27 feet; thence North 00 degrees 03 minutes 55 seconds East 16.14 feet to
the North line of said Northeast Quarter; thence North 90 degrees 00 minutes 00 seconds West
on and along aforesaid North line 353.27 feet to the Place of Beginning.
I
EXHIBIT
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ALSO:
Part of the Northwest Quarter of Section 31, Township 16 North, Range 4 East in Hamilton
County, Indiana, more p~cularly described as follows:
Beginning at a point on the North line of the Northwest Quarter of Section 31, Township 18
North, Range 4 East, which is 280.50 feet North 89 degrees 58 minutes 35 seconds West
(assumed bearing) of the Northeast Comer of said Northwest Quarter; thence South 00 degrees
12 minutes 35 seconds East parallel with the East line of said Northwest Quarter 577.50 feet;
thence North 89 degrees 58 minutes 35 seconds West parallel with the North line of said
Northwest Quarter 379.50 feet; thence North 00 degrees, 12 minutes 35 seconds West parallel
with the East line of said Northwest Quarter 577.50 feet to the North line thereof; thence South
89 degrees 58 minutes 35 seconds East on and along aforesaid North line 379.50 feet to the Place
of Beginning.
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EXHIBIT
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CO~REHENSWEPLANSTATEMffiNT
The Petitioner is seeking to rezone real estate which is currently zoned R-2. The
Comprehensive Plan appears to designate the real estate as high intensity residential community.
The real estate is located adjacent to and in close proximity to parcels that are currently zoned
commercial and retail. The Petitioner seeks to redevelop the real estate to a Planned Unit
Development District that will provide for a mix of residential, retail and commercial uses to
provide for an appropriate transition to the areas that immediately surround the real estate.
The Design and Development Standards and Conceptual Plan that are attached to the
Planned Unit Development Ordinance as exhibits take into consideration the real estate's unique
position as an infilllocation within the central core area of the City of Carmel. The real estate is
located west of and adjacent to Keystone Avenue, south of and adjacent to 126th Street, east of
and adjacent to Auman Drive, and north of Carmel Drive. This real estate is located within the
City of Carmel's Central Business District and it is in close proximity to the Carmel City Center,
the future Performing Arts Center, the Arts and Design District, the Monon Trail, and the Old
Town Area.
The proposed Planned Unit Development Ordinance, including its proposed development
characteristics contained within the Design and Development Standards, is consistent with the
City of Carmel's Comprehensive Plan Guidelines for high intensity residential development in
that (i) the real estate is located within and adjacent to the Central Business District, (ii) the real
estate is part of a master planned, mixed-use project, (iii) the location of the real estate provides
direct and available regional access via roadways which serve a regional basis and, (iv) the real
EXHIBIT
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estate is located near commercial areas, parks and playgrounds, schools, bicycle and pedestrian
trails and can be adequately and effectively served by police, fire and public safety.
H:\brad\Buckingham\Mohawk Rezone\Comp Plan stmt.doc
EXHIBIT
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OWNER CONSENT AND JOINDER IN PETITIONS
The undersigned, being the owner of the real estate described in what is attached hereto
and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby authorize and
directs Nelson & Frankenberger ("NF'), along with its employees, engineers, land planners,
attorneys, and appointed agents, as follows:
1. To file, for and on behalf of the undersigned, any and all applications and petitions
necessary to obtain all approvals deemed necessary by Buckingham Properties, Inc.
("Buckingham") with respect to the Real Estate including, without limitation, (i)
approvals of changes in zoning classification or rezones to a Planned Unit Development
Ordinance necessary to permit the development of the Real Estate for a mixed use
development, the terms and conditions of which shall be determined by Buckingham's
discretion, and (ii) all additional approvals needed for the use and development of the
Real Estate including, without limitation, any and all approvals and permits required by
the City of Carmel and/or the Zoning Ordinance for the City of Carmel and deemed
necessary by Buckingham to develop the Real Estate (collectively the "Approvals"); and
2. To represent the undersigned in connection with the Approvals, before the City of Carmel
Common Council, City of Carmel Plan Commission, City of Carmel Board of Zoning
Appeals, City of Carmel Board of Public Works, Department of Community Services,
and any other agency, and any other municipal or State agencies, and to file, for and on
behalf of the undersigned, all applications and petitions deemed necessary by
Buckingham to obtain the Approvals.
3. The undersigned, being duly sworn, depose and say that it is the owner of the entire Real
Estate and that the foregoing signatures, statements, and answers herein contained and the
information herewith submitted are in all respects true and correct to the best of the
undersigned's knowledge and belief.
Further to this Owner Consent and Joinder in Petitions, the undersigned acknowledge that
this Owner Consent and Joinder in Petitions shall constitute the execution by the undersigned of
all such Petitions filed by Buckingham, now or in the future, in furtherance of the Approvals.
Date: t 7.-/ z..-l I 0 s:-
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BY:
MOHAWK HOUSING PARTNERS, LLC
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Bradley B. Chambers, Managing Member
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STATEOF~~
COUNTY OF L{~ V1\--.
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Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Bradley B. Chambers, Managing Member of Mohawk Housing Partners, LLC, who
My co~on Expires:
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acknowledged execution of this Owner Consent and Joinder in Petitions.
Witness my hand and Notarial Seal this ~ sf day of ~ Q ~ ,2005.
~~s
Notary Publi
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Printed N e
Official Seal
. Pemy K. Mathew.
I . ...f.' Notary Public · Indiana
~ , I:'~ Resides 1n Marlon County ,
My Comm. Exp. Nov. 12.2010
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Exhibit "A" - Legal Description
Part of the Northwest Quarter and part of the Northeast Quarter of Section 31, Township 18
North, Range 4 East, in Hamilton County, Indiana, more particularly described as follows:
-Beginning at the Northwest Comer of the Northeast Quarter of Section 31, Township 18 North,
Range 4 East; thence South 90 degrees 00 minutes 00 seconds East (assumed bearing) on and
along the North line of said Northeast Quarter 657.90 feet; thence South 00 degrees 15 minutes
20 seconds East 2657.80 feet to the South line of said Northeast Quarter; thence South 89
degrees 56 minutes 10 seconds West on and along aforesaid South line 660.00 feet to the
Southwest Comer of said Northeast Quarter; thence So~th 90 degrees 00 minutes 00 seconds
West on and along the South line of the Northwest Quarter of said Section 31, 660.00 feet;
thence North 00 degrees.12 minutes 35 seconds West parallel with the East line of said
Northwest Quarter 2081.30 feet to a point which is 577.50 feet South and 00 degrees 12 minutes
35 seconds East of the North line of said Northwest Quarter; thence South 89 degrees 58 minutes
35 seconds East parallel with the North line of said Northwest Quarter 379.50 feet; thence North
00 degrees 12 minutes 35 seconds West parallel with the East line of said Northwest Quarter
577.50 feet to the North line thereof; thence South 89 degrees 58 minutes 35 seconds East on and
along aforesaid North line 280.50 feet to_the Place of Beginning.
ALSO:
Part of the Northeast Quarter of Section 31, Township 18 North, Range 4 East, in Hamilton
County, Indiana, more particularly described as follows:
Beginning 657.90 feet North 90 degrees 00 minutes 00 seconds East (assumed bearing) of the
Northwest Comer of the Northwest Comer of the Northeast Quarter of Section 31, ToWnship 18
North, Range 4 East, and on the North line thereof; thence South 00 degrees 15 minutes 20
seconds East 2657.80 feet to the South line of said Northeast Quarter, distant 660.00 feet
Easterly from the Southwest Corner thereof; thence North 89 degrees 56 minutes 10 seconds
East on and along aforesaid South line 476.85'feet to the West right of way line of State Road
#431; thence on and along aforesaid West right of way line of said State Road #431 the
following Nine (9) courses; thence North 05 degrees 26 minutes 50 seconds East 157.45 feet;
thence North 01 degree 43 minutes 42 seconds East 200.42 feet; thence North 10 degrees 24
minutes 02 seconds East 150.56 feet; thence North 05 degrees 26 minutes 50 seconds East
462.20 feet to the point of Curvature of a curve to the left with a radius of 19,011.59 feet; thence,
Northerly on and along said curve to the left 1,580.57 feet through a central angle of 04 degrees
45 minutes 48 seconds; thence North 38 degrees 59 min~tes 10 seconds West 98.58 feet; thence
North 89 degrees 56 minutes 05 seconds West 200.00 feet; thence North 67 degrees 03 minutes
20 seconds West 54.27 feet; thence North 00 degrees 03 minutes 55 seconds East 16.14 feet to
the North line of said Northeast Quarter; thence North 90 degrees 00 minutes 00 seconds West
on and along aforesaid North line 353.27 feet to the Place of Beginning.
Page 1 of 2
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ALSO:
Part of the Northwest Quarter of Section 31, Township 16 North, Range 4 East in Hamilton
County, Indiana, more parti.cularly described as follows:
Beginning at a point on the North line of the Northwest Quarter of Section 31, Township 18
North, Range 4 East, which is 280.50 feet North 89 degrees 58 minutes 35 seconds West
(assumed bearing) of the Northeast Corner of said Northwest Quarter; thence South 00 degrees
12 minutes 35 seconds East parallel with the East line of said Northwest Quarter 577.50 feet;
thence North 89 degrees 58 minutes 35 seconds West parallel with the North line of said
Northwest Quarter 379.50 feet; thence North 00 degrees, 12 minutes 35 seconds West parallel
with the East line of said Northwest Quarter 577.50 feet to the North line thereof; thence South
89 degrees 58 minutes 35 seconds East on and along aforesaid North line 379.50 feet to the Place
of Beginning.
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PETITIONER CONSENT AND JOINDER IN PETITIONS
The undersigned, being the petitioner of the real estate described in what is attached
hereto and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby authorize
and directs Nelson & Frankenberger ("NF'), along with its employees, engineers, land planners,
attorneys, and appointed agents, as follows:
1. To file, for and on behalf of the undersigned, any and all applications and petitions
necessary to obtain all approvals deemed necessary by Buckingham Properties, Inc.
("Buckingham") with respect to the Real Estate including, without limitation, (i)
approvals of changes in zoning classification or rezones to a Planned Unit Development
Ordinance necessary to permit the development of the Real Estate for a mixed use
development, the terms and conditions of which shall be determined by Buckingham's
discretion, and (ii) all additional approvals needed for the use and development of the
Real Estate including, without limitation, any and all approvals and permits required by
the City of Carmel and/or the Zoning Ordinance for the City of Carmel and deemed
necessary by Buckingham to develop the Real Estate (collectively the "Approvals"); and
2. To represent the undersigned in connection with the Approvals, before the City of Carmel
Common Council, City of Carmel Plan Commission, City of Carmel Board of Zoning
Appeals, City of Carmel Board of Public Works, Department of Community Services,
and any other agency, and any other municipal or State agencies, and to file, for and on
behalf of the undersigned, all applications and petitions deemed necessary by
Buckingham to obtain the Approvals.
3. The undersigned, being duly sworn, depose and say that it is the petitioner of the entire
Real Estate and that the foregoing signatures, statements, and answers herein contained
and the information herewith submitted are in all respects true and correct to the best of
the undersigned's knowledge and belief.
Further to this Petitioner Consent and Joinder in Petitions, the undersigned acknowledge
that this Petitioner Consent and Joinder in Petitions shall constitute the execution by the
undersigned of all such Petitions filed by Buckingham, now or in the future, in furtherance of the
Approvals.
Date: l ~/"1.--1 J (,) S-
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BY:
BUCKINGHAM PROPERTIES, INe.
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Bradley B. Chambers, President
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STAlE OF ~~OI..
COUNTY OF ~ &-f'-
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Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Bradley B. Chambers, President of Buckingham Properties, Inc., who acknowledged
execution of this Petitioner Consent and Joinder in Petitions.
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Witness my hand and Notarial Seal this ~( day of
~~,2005.
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~~e~idence:
I~_-
Cia' Seal
Penny Ie. Mathews
Notary Public · Indlana
ResIdes In Marton County
~ Comm. Exp. Nov. 12, 201 C
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Exhibit "A" - Legal Description
Part of the Northwest Quarter and part of the Northeast Quarter of Section 31, Township 18
North, Range 4 East, in Hamilton County, Indiana, more particularly described as follows:
-Beginning at the Northwest Comer of the Northeast Quarter of Section 31, Township 18 North,
Range 4 East; thence South 90 degrees 00 minutes 00 seconds East (assumed bearing) on and
along the North line of said Northeast Quarter 657.90 feet; thence South 00 degrees 15 minutes
20 seconds East 2657.80 feet to the South line of said Northeast Quarter; thence South 89
degrees 56 minutes 10 seconds West on and along aforesaid South line 660.00 feet to the
Southwest Comer of said Northeast Quarter; thence So~th 90 degrees 00 minutes 00 seconds
West on and along the South line of the Northwest Quarter of said Section 31, 660.00 feet;
thence North 00 degrees.12 minutes 35 seconds West parallel with the East line of said
Northwest Quarter 2081.30 feet to a point which is 577.50 feet South and 00 degrees 12 minutes
35 seconds East of the North line of said Northwest Quarter; thence South 89 degrees 58 minutes
35 seconds East parallel with the North line of said Northwest Quarter 379.50 feet; thence North
00 degrees 12 minutes 35 seconds West parallel with the East line of said Northwest Quarter
577.50 feet to the North line thereof; thence South 89 degrees 58 minutes 35 seconds East on and
along aforesaid North line 280.50 feet to_the Place of Beginning.
ALSO:
Part of the Northeast Quarter of Section 31, Township 18 North, Range 4 East, in Hamilton
County, Indiana, more particularly described as follows:
Beginning 657.90 feet North 90 degrees 00 minutes 00 seconds East (assumed bearing) of the
Northwest Comer of the Northwest Comer of the Northeast Quarter of Section 31, Township 18
North, Range 4 East, and on the North line thereof; thence South 00 degrees 15 minutes 20
seconds East 2657.80 feet to the South line of said Northeast Quarter, distant 660.00 feet
Easterly from the Southwest Comer thereof; thence North 89- degrees 56 minutes 10- seconds
East on and along aforesaid South line 476.85'feet to the West right of way line of State Road
#431; thence on and along aforesaid West right of way line of said State Road #431 the
following Nine (9) courses; thence North 05 degrees 26 minutes 50 seconds East 157.45 feet;
thence North 01 degree 43 minutes 42 seconds East 200.42 feet; thence North 10 degrees 24
minutes 02 seconds East 150.56 feet; thence North 05 degrees 26 minutes 50 seconds East
462.20 feet to the point of Curvature of a curve to the left with a radius of 19,011.59 feet; thence _
Northerly on and along said curve to the left 1,580.57 feet through a central angle of 04 degrees
45 minutes 48 seconds; thence North 38 degrees 59 minutes 10 seconds West 98.58 feet; thence
North 89 degrees 56 minutes 05 seconds West 200.00 feet; thence North 67 degrees 03 minutes
20 seconds West 54.27 feet; thence North 00 degrees 03 minutes 55 seconds East 16.14 feet to
the North line of said Northeast Quarter; thence North 90 degrees 00 minutes 00 seconds West
on and along aforesaid North line 353.27 feet to the Place of Beginning.
Page 1 of 2
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ALSO:
Part of the Northwest Quarter of Section 31, Township 16 North, Range 4 East in Hamilton
County, Indiana, more parti.cularly described as follows:
Beginning at a point on the North line of the Northwest Quarter of Section 31, Township 18
North, Range 4 East, which is 280.50 feet North 89 degrees 58 minutes 35 seconds West
(assumed bearing) of the Northeast Corner of said Northwest Quarter; thence South 00 degrees
12 minutes 35 seconds East parallel with the East line of said Northwest Quarter 577.50 feet;
thence North 89 degrees 58 minutes 35 seconds West parallel with the North line of said
Northwest Quarter 379.50 feet; thence North 00 degrees, 12 minutes 35 seconds West parallel
with the East line of said Northwest Quarter 577.50 feet to the North line thereof; thence South
89 degrees 58 minutes 35 seconds East on and along aforesaid North line 379.50 feet to the Place
of Beginning.
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Gramercy PUD DRAFT 12-14-05
Sponsor:
ORDINANCE NO.
AN ORDINANCE OFTHE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING THE
Gramercy
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the
"Carmel/Clay Zoning Ordinance"), provides for the establishment of a Planned Unit
Development District in accordance with the requirements ofl.C. ~ 36-7-4-1500et seq.;
WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a
favorable recommendation to the ordinance set forth herein ("Gramercy") which
establishes the Gramercy Planned Unit Development District (the "District"), which shall
also be referred to as the "Gramercy Ordinance."
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana (the "Council"), that (i) pursuant to IC ~36-7-4-1500 et seq., it adopts
this Gramercy Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance and it
shall be in full force and effect from and after its passage, (ii) all prior commitments shall
be null and void and replaced and superseded by this Gramercy Ordinance, and (iii) this
Gramercy Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor.
Section 1 Applicability of Ordinance
1.1. The Official Zoning Map of the City of Carmel and Clay Township, a part
of the Carmel/Clay Zoning Ordinance, is hereby changed to designate the
land described in Exhibit "A" (the "Real Estate"), as a Planned Unit
Development Distlict to be known as Gramercy.
1.2. Development in the District shall be governed entirely by (i) the
provisions of this Gramercy Ordinance and its exhibits, and (ii) those
provisions of the Carmel/Clay Zoning Ordinance specifically referenced in
this Gramercy Ordinance. In the event of a conflict between this Gramercy
Ordinance and the Carmel/Clay Zoning Ordinance or the Sign Ordinance,
the provisions of this Gramercy Ordinance shall apply.
1.3. Any capitalized term not defined herein shall have the meaning as set forth
in the Carmel/Clay Zoning Ordinance in effect on the date of the
enactment of this Gramercy Ordinance.
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Gramercy PUD DRAFT 12-14-05
Section 2
Current Conditions and Structures. {JES to provide}
Section 3 Platting
The platting of the Real Estate into smaller tracts shall be permitted administratively, so
long as the proposed plat complies with the area requirements set forth in the attached
Design and Development Standards, which is attached hereto and referred to herein as
Exhibit "B" ("Grarnercy Design and Development Standards") and the creation of a new
property line within the Real Estate shall not impose or establish new development
standards beyond those specified below in the Gramercy Design and Development
Standards for the entirety of the Real Estate. However, the development of any parcel
shall conform to the requirements set forth in the Gramercy Design and Development
Standards, and all other applicable requirements contained in this Gramercy Ordinance.
Section 4
Design and Development Standards and Permitted Uses
4.1.
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Permitted Uses. The Permitted Uses are set forth in what is attached 'J\ Q'
hereto and incorporated herein by reference as Exhibit "c" (hereafter / ~l
"Permitted District Uses." However, Residential uses, including Attached
Dwellings and LivelWork Dwellings, shall be permitted in any location
within the Real Estate.
Design and Development Standards. The design and development of the
District shall comply with the Gramercy Design and Development
Standards.
4.2.
4.3.
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Neighborhood Integration. In order to maintain harmony with the existing
eighborhoods to the West and North of the District, the following
standards shall apply:
Any building fronting on and oriented towards the Western
property line shall not contain any commercial or non-residential
uses that are accessed from the building's westernmost side.
No portion of a building or buildings may extend greater than three
(3) occupiable stories in height within fIfty (50) feet of the Western
property line.
C. No portion of a building or buildings may extend greater than three
(3) occupiable stories in height within fIfty (50) feet of the
Northern property line.
Section 5 Accessory Buildings. All Accessory Structures and Accessory Uses shall
be permitted except that any detached accessory building shown in any
Development Plan shall have on all sides the same architectural features or shall
be architecturally compatible with the principal building(s) with which it is
associated.
Section 6
Landscaping. Landscaping shall be required in accordance with the
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Gramercy PUD DRAFT 12-14-05
standards contained in Exhibit "B", the Gramercy Design and Development
Standards. A Landscape Plan shall be submitted as part of any ADLS Approval
and Development Plan Approval for any section to be developed.
Section 7 Lighting. Lighting shall be required in accordance with the standards
contained in Exhibit "B", the Gramercy Design and Development Standards. A
Lighting Plan shall be submitted as part of any ADLS Approval and Development
Plan Approval for any section to be developed.
Section 8 Parking. Parking shall be required in accordance with the standards
contained in Exhibit "B", the Gramercy Design and Development Standards. A
Parking Plan shall be submitted as part of any ADLS Approval and Development
Plan Approval for any section to be developed.
Section 9 Signage. Signage shall be required in accordance with the standards
contained in Exhibit "B", the Gramercy Design and Development Standards. A
Signage Plan shall be submitted as part of any ADLS Approval and Development
Plan Approval for any section to be developed.
Section 10 Approval Process
10.1. Approval or Denial of the Primary Plat/Development Plan
A.
Exhibit "D", which is attached hereto and incorporated herein by
reference, shall serve as the Conceptual Plan (the "CP").
However, the CP does not constitute the approved development
plan and primary plat for the Real Estate, nor does it constitute the
approved architecture, design, lighting and landscaping for the
Real Estate and the improvements thereon, considered in
connection with the Gramercy Ordinance. Gramercy shall require
further (i) ADLS approval and (ii) development plan/primary plat
approval. The Secondary Plat approval procedures are set forth
below in this Section 10. If there is a Substantial Alteration in the
approved ADLS and development plan/primary plat, review and
approval of the amended plans shall be made by the Commission,
or a Committee thereof, pursuant to the Commission's rules of
procedure. Minor Alterations may be approved by the Director.
;R-~rt~/ tPPLM
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.tve.~/ B. Ahe Director shall have the sole and exclusive authority to approve
'I ~/dlJ lJJc.4filt(-:J !without conditions, approve with conditions, or disapprove the
t11 V}t.ALV ~ Secondary Plat (the "SP") for the Gramercy Ordinance; provided,
I _ I .g I Ai I.fbt), ( however, that the Director shall not unreasonably withhold or
UtVVL ~l 0{ . delay the Director's approval of the SP that is in substantial
conformance with the development plan/primary plat and is in
tvY ~.. '1 conformance with this Gramercy Ordinance and the Gramercy
../ U qfl () .... A J A A A, _ '7 Design and Development Standards. If the Director disapproves
~ a,vvI1().J( OVvtV"" any SP, the Director shall set forth in writing the basis for the
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Gramercy PUD DRAFf 12-14-05
disapproval and schedule the request for approval of the SP for a
hearing before the full Plan Commission.
C. An amendment to the SP, which is not determined by the Director
to be a Substantial Alteration or Material Alteration from the
approved development plan/primary plat, may be reviewed and
approved solely by the Director. However, in the event the
Director determines that there has been a Substantial Alteration or
Material Alteration between the approved development
plan/primary plat and any proposed SP, the Director may, at the
Director's discretion, refer the amended SP to the Commission, or
a Committee thereof, for review and approval by the Commission
and/or a Committee thereof.
D. The SP shall be a specific plan for the development of all or a
portion of the Real Estate that is submitted for approval to the
Director, which shall include reasonable detail regarding the
facility and structures to be constructed, as well as drainage,
erosion control, utilities, and building information.
Section 11
Rules of Construction
11.1. General Rules of Construction. The following general rules of
construction and definitions shall apply to the regulations of this
Ordinance:
A. The singular number includes the plural and the plural the singular,
unless the context clearly indicates the contrary.
B . Words used in the present tense include the past and future tenses,
and the future the present.
C. The word "shall" is a mandatory requirement. The word "may" is
a permissi ve requirement. The word "should" is a preferred
requirement.
Section 12 Violations. All violations of this -Gramercy Ordinance shall be subject to
Section 34.0 of the Carmel/Clay Zoning Ordinance.
Section 13 Definitions
13.1. Accessory Structure: A structure subordinate to a building or use located
on the Real Estate which is not used for permanent human occupancy.
e:;rklm1 f/~?
13.2. Accessory Use: A use subordinate to the main use, 16cated on the Real
Estate or in the same building as the main use, and incidental to the main
use. ciravt/Y' h/11 ~/1 "'"
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Gramercy PUD DRAFT 12-14-05
13.3. Alley:
13.4. Apartments: Check definition
13.5. Attached Dwelling:
13.6. Building Height: The vertical distance from the lot ground level to the
highest point of the roof for a flat roof, to the deck line of a man surd roof
and the mean height between eaves and ridges for gable, hip and gambrel
roofs.
13.7. City: The City of Carmel, Indiana.
13.8. Commission: The Carmel/Clay Plan Commission.
13.9. Council: The City Council of the City of Carmel, Indiana.
13.10. County: HamiltonCounty, Indiana.
13.11. Declaration of Covenants: A Declaration of Covenants, Conditions and
Restrictions for the Real Estate which shall be recorded in the office of the
Recorder of Hamilton County, Indiana, and which may, from time to time,
be amended.
13.12. Conceptual Plan: A general plan for the development of the Real Estate
that is submitted for approval showing proposed facilities, buildings, and
structures. This plan generally shows landscape areas, parking areas, site
access, drainage features, and building locations and is depicted on Exhibit
"D" which is attached hereto and incorporated herein by reference.
13.13. Condominiums: A residential living unit or units as defined in and
governed by the Indiana Code, Sections. 32-25-1-1 to 32-25-9-2,
inclusive.
13.14. Development Requirements: Development standards and any
requirements specified in this Gramercy Ordinance which must be
satisfied in connection with the approval of a Secondary Plat.
13.15. Developer: Buckingham Properties, Inc. and its successors and assigns.
13.16. Director: Director, or Administrator, of the Department of Community
Services for the City of Carmel, Indiana. "Director" and "Administrator"
shall include his/her authorized representatives.
13.17. Existing Apartments:
13.18. Existing Accessory Uses:
13.19. Homeowners Association: A nonprofit corporation established for the
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Gramercy PUD DRAFT 12-14-05
promotion of the health, safety and welfare of the residents of Gramercy,
and to manage, maintain, and repair the common areas within the Real
Estate and any improvements located thereon.
13.20. Live/Work Dwelling:
13.21. Masonry: Masonry shall include brick, stone and/or stucco. CONFIRM
definition
13.22. Material Alteration: An)' change to an approved plan of any type that
involves the substitution of one material, species, element, etc. for another.
13.23. Minor Alteration: Any change to an approved plan of any type that
involves the revision ofless than ten percent (10%) of the plan's total area
or approved materials.
13.24. Parcel Coverage: The total ground area, within the Real Estate, covered
by buildings and accessory structures which are greater than eighteen (18)
inches above grade level, excluding fences and walls not attached in any
way to a roof, divided by the total horizontal area within the Real Estate
boundaries.
13.25. Real Estate: The Real Estate shall mean and refer to all of the Real Estate
described in Exhibit "A".
13.26. Right-of-Way: An area ofland pemlanently dedicated to provide light, air
and access.
13.27. Secondary Plat: A specific plan for the development of the Real Estate
that is submitted for approval showing proposed facilities, buildings, and
structures. This plan review includes general landscaping, parking,
drainage, erosion control, signage, lighting, screening and building
information for the site.
13.28. Set Back: The least measured distance between a building or structure,
excluding, however, porches, patios, and the perimeter boundary of the
Real Estate. For purposes of determining Set Back, the perimeter
boundary of the Real Estate (i) shall always mean and refer to the outside
perimeter boundary line of the Real Estate and (ii) shall not be changed or
reduced by reason of the platting or subdivision of the Real Estate into
smaller parcels.
13.29. Sign: Any type of sign as further defined and regulated by this Ordinance
and .the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as
amended.
13.30. Substantial Alteration: Any change to an approved plan of any type that
involves the revision often percent (10%) or more of the plan's total area
- 6 -
Grarnercy PUD DRAFT 12-14-05
or approved materials.
13.31. Townhome: An attached dwelling intended for occupancy by a single
family.
13.32. Townhome Building: A structure containing attached dwellings.
13.33. Trim: Soffits, architraves, wood reveals, and casement around doors and
windows.
13.34.
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~
Gramercy PUD DRAFf 12-14-05
PASSED by the Common Council of the City of Cannel, Indiana this _ day
of , 2006, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Kevin Kirby
Ronald E. Carter, President Pro Tempore
Brian D. Mayo
Fredrick J. Glaser
Mark Rattermann
Joseph C. Griffiths
Richard L. Sharp
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
- 8 -
"'l.
.\
Gramercy PUD DRAFr 12-14-05
Presented by me to the Mayor of the City of Carmel, Indiana the _ day of
,2006, at o'clock .M.
Diana L. Cordray, IAMC, Clerk
Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this
,2006, at o'clock .M.
day of
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
This Instrument prepared by: David E. Leazenby and Sara Nasuti
Buckingham Properties, Inc.
333 N. Pennsylvania St., 10th Floor
Indianapolis, IN 46204
This Instrument reviewed by: James E. Shinaver
NELSON & FRANKENBERGER
3105 East 98th Street, Suite 170
Indianapolis, IN 46280
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,;..
u
Buckingham - Mohawk Hills -
12/23 - File
01/02 - T AC Submittal by engineers
1/18 - TAC meeting with Staff
1/25 - Noon deadline to publication of notice
1/27 - Deadline to mail and publish notice
2/10 - Noon deadline for brochures
2/21 - 6:00 p.m. 1 S1 Plan Commission public hearing
3/7 - 6:00 p.m. 1 st Plan Commission Special Studies Committee meeting
3/17 - Noon Deadline for Revised PC Committee Brochures
3/30 - 6:00 p.m. 2nd PC Committee meeting
4/7 - Noon Deadline for Revised PC Brochures
4/18 - 6:00 p.m. 2nd PC Meeting (Vote)
4/19 - Noon Deadline to Publish Paper - Council
4/21 - Noon Deadline Council Transfer to Clerk-Treasurer
5/1 - 6:00 p.m. 1st Council Meeting
5/11 - 5:30 1st Council LUA Committee Meeting
6/8 - 5:30 2nd Council LUA Committee Meeting
6/19 - 6:00 p.m. 2nd council Meeting (Final Vote - Rezone)
Q