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HomeMy WebLinkAboutMaster Developer Consent of Use SPONSOR: Councilor XXXX ORDINANCE NO. Z-XXX-23 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING PLANNED UNIT DEVELOPMENT DISTRICT (ORDINANCE Z-653-20) Synopsis: This Ordinance establishes an Amendment to the Development Ordinance, Ordinance Z-653-20, which Amendment shall be referred to as the Amendment 2023 Amendment seeks to amend certain provisions of Ordinance Number Z-653-20, by adding , redefining the boundaries of the Conceptual Plan Use Blocks, and amending the developmental standards for Area C/Neighborhood Commercial Node. WHEREAS, the Common Council of the City of Carmel, adopted Ordinance Z-625-17, the City of Carmel, Indiana Unified ) on October 16, 2017, pursuant to its authority under the laws of the State of Indiana, Indiana Code § 36-7-4 et seq., as amended, with an effective date of January 1, 2018; and WHEREAS, the City of Carmel provisions set forth in the UDO; and WHEREAS, Article 4 of the UDO, as amended, provides for the establishment and amendment of a Planned Unit Development District in accordance with the requirements of IC § 36-7-4-1500 et. seq WHEREAS, the Common Council of the City of Carmel previously adopted Ordinance Z- 653-20 PUD Ordinance; and WHEREAS Village into three (3) Use C:\\NRPortbl\\ACTIVE\\AULBRICHT\\\\Jacksons Grant Village PUD amendment Final 12- 15.docx SPONSOR: Councilor XXXX WHEREAS, Air Alchemist, LLC Petitioner City of Carmel requesting an amendment to the PUD Ordinance 2023 Ordinance Amendment; and WHEREAS, the 2023 Ordinance Amendment seeks to add certain real estate currently zoned S-2 into , said real estate more particularly described in Exhibit A, attached hereto and incorporated herein ; and WHEREAS, in order to accommodate the addition of the Real Estate into the PUD Ordinance, the original boundaries of the Use Blocks must be amended, as shown in more particularity within Exhibit B to this Ordinance, attached and incorporated herein ; and WHEREAS, upon the Real Estate being rezoned by this 2023 Ordinance Amendment, the majority of the Real Estate will be designated as Area B (Attached Residential), while a small portion of the Real Estate will become part of , as shown in more particularity within the Amended Conceptual Plan; and WHEREAS, the Real Estate will be subject to the Use, Design, and Architectural guidelines as set forth in Use Blocks Area B and Area C, as applicable; and WHEREAS, in order to accommodate the additional land mass of the Real Estate, and the proposed use by the Petitioner, must be amended by splitting Area C: Neighborhood Commercial into two (2) Sub-Districts as follows: (1) Area C: Sub-District C-1and (2) Area C: Sub-District C-2 ; and WHEREAS, Area C: Sub-District C-1 will retain the original Bulk Density Standards, Architectural Standards, and Design Standards as set forth under Ordinance 653-; and WHEREAS, - Sub-District C-2 will allow up to a 10,000 sq. foot commercial building, while at the same time, retain current Architectural Standards for Commercial) WHEREAS, the Petitioner has received written consent from the Master Developer with regard to the entirety of the 2023 Amendment; and C:\\NRPortbl\\ACTIVE\\AULBRICHT\\\\Jacksons Grant Village PUD amendment Final 12- 15.docx SPONSOR: Councilor XXXX WHEREAS, application is consistent with the provisions of the Zoning Ordinance and the PUD Statute; and WHEREAS, Air Alchemist has entered into a purchase agreement with the owners of the Real Estate, who agree and consent to this 2023 Amendment; and WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and the UDO, on ________________at _________p.m., the Plan Commission conducted a public hearing concerning the application submitted by the Applicant for an amendment to the PUD District OrdinanceDocket PZ-2023-); and WHEREAS, after the public hearing was held, the Plan Commission considered Docket PZ-2023-00227 requesting an amendment to the UDO and to the Village PUD; and WHEREAS, the Plan Commission forwarded Docket PZ-2023-00227 to the Common Council with a favorable/unfavorable recommendation by a vote of X-X in accordance with Indiana Code § 36-7-4-608, and as required by Indiana Code § 36-7-4- 1505; and WHEREAS, the Secretary of the Commission certified the action of the Plan Commission to the Common Council on ___________, 2023; and WHEREAS, the Common Council is subject to the provisions of the Indiana Code §36-7-4-1507 and Indiana Code § 36-7-4-1512 concerning any action on this request; and NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel Indiana, that pursuant to Indiana Code § 36-7-4-1500 et. seq, it hereby (i) adopts this Ordinance as an amendment to the Official Zoning Map of the City of Carmel, , an amendment of the PUD Ordinance, and the UDO, (ii) all prior ordinances or parts thereof inconsistent with any provision of this 2023 Ordinance Amendment and its exhibits are hereby inapplicable to the use and development of the Real Estate, (iii) all prior commitments and restrictions applicable to the Real Estate that are in conflict with this 2023 Ordinance Amendment shall be null and void and replaced and superseded by this 2023 Ordinance Amendment, and (iv) this 2023 Ordinance Amendment shall be in full force and effect from and after its passage and signing to read as follows: C:\\NRPortbl\\ACTIVE\\AULBRICHT\\\\Jacksons Grant Village PUD amendment Final 12- 15.docx SPONSOR: Councilor XXXX Section 1. Recitals. The foregoing Recitals are incorporated herein. Section 2. Applicability of Ordinance Section 2.1. The Official Zoning Map of the City of Carmel, Indiana, a part of the UDO, is hereby amended to designate the Real Estate as part of the Planned Section 2.2. The Conceptual Plan defining the Use Area Blocks of the Ordinance shall be amended as set forth in Exhibit B to Amended Section 2.3. Development of the Real Estate shall be governed entirely by (i) the provisions of this 2023 Ordinance Amendment and its Exhibits, (ii) the provisions of Ordinance Z-653-20 establishing the District; (iii) those provisions of the UDO specifically referenced in this 2023 Ordinance Amendment or Ordinance Z-653-20; and (vi) any standards not mentioned in this 2023 Ordinance Amendment shall be governed by the UDO and/or Ordinance Z-653-20, whichever is applicable. In the event of a conflict between this 2023 Ordinance Amendment, Ordinance Z-653-20, and the UDO, then the provisions of this 2023 Ordinance Amendment shall apply. Section 2.4 affected by this 2023 Ordinance Amendment shall continue, unchanged, and the ce, as amended, shall remain in full force and effect. Section 3. Definitions and Rules of Construction. Section 3.1 General Rules of Construction. The following general rules of construction and definitions shall apply: 1. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. 2. Words used in the present tense include the past and future tenses, and the future the present. C:\\NRPortbl\\ACTIVE\\AULBRICHT\\\\Jacksons Grant Village PUD amendment Final 12- 15.docx SPONSOR: Councilor XXXX 3. Section 3.2 Definitions. The defined words set forth in this Section 3.2, as they appear throughout this 2023 Amendment, shall have the meanings set forth below. All other capitalized terms included in this 2023 Amendment, but not defined in this Section 3.2, shall be the same as set forth in the Jackson Grant Village PUD Ordinance and the UDO. Developer: Shall mean Air Alchemist, LLC. Developer, Master: Shall have the meaning set forth in Ordinance Z-653-20. Development Requirements: Written development standards and any written requirements specified in this 2023 Amendment, which must be satisfied in connection with the approval of a Development Plan and Building Permits. Real EstateExhibit A, and more commonly known as parcel number 17-09-34-00-00-020.000. Revised Conceptual Plan: The general plan for the development of the Real Estate, including but not limited to streets, parking lots, trails, and common areas, as attached hereto as Exhibit B, and that depicts the revised boundaries of Use Block Area A, Use Block Area B, and Use Block Area C. the Unified Development Ordinance, Ordinance Z-635-17, of the City of Carmel, Hamilton County, Indiana, as amended. Section 4. Revised Conceptual Plan and Use Districts. Section 4.1 The Conceptual Plan, attached as Exhibit B to Ordinance 653- 20, shall be amended as set forth in Exhibit B to this Ordinance. C:\\NRPortbl\\ACTIVE\\AULBRICHT\\\\Jacksons Grant Village PUD amendment Final 12- 15.docx SPONSOR: Councilor XXXX Section 4.2 The Real Estate shall be developed in substantial compliance with the Revised Concept Plan, the revised boundaries of the Use Blocks, the addition of use Sub- Districts, and subject to Development Plan Approval by the Plan Commission. Substantial compliance shall be regulated in the same manner as the stantially provision of the UDO as it applies to Development Plans. Section 5. Bulk Density Standards. Section 5.1. Section 7.1 amended as follows: Min. Dwelling Minimum Lot Minimum Yard Setbacks Unit Size (SF) Building Max Lot Type Coverage Area Street Side 1 Width Front Rear 1-story 2-story (SF) Frontage (Aggregate) Area A: 55' 6,600 30' 25' 5' (10') 20' 1,600 2,000 Detached 50% Residential 65' 7,750 35' 25' 5' (10') 20' 1,600 2,000 Buildings Area B and C: Attached 2 0' 5' 20' 10' 1,600 2,000 75% Residential Buildings Area C: Neighborhood 10' from Commercial residential, 20' 1,300 20' 5' 10' N/A 80% Buildings 0' from Sub-District commercial C-1: Area C: Neighborhood Commercial 125' 10,000 N/A 5' 5' (10') 10' N/A 80% Building Sub- District C-2: 1 2 The side yard setback for attached residential buildings is the minimum distance required between the side walls of two (2) multi-family buildings. C:\\NRPortbl\\ACTIVE\\AULBRICHT\\\\Jacksons Grant Village PUD amendment Final 12- 15.docx SPONSOR: Councilor XXXX Section 5.2 as follows: 2 Maximum Residential Densities. The maximum number of Dwellings in Area A shall be 19. The maximum number of Dwellings in Area B and C combined shall be 70. The total number of Dwellings permitted in the District shall not exceed eighty-nine (89) without an amendment to this Ordinance. However, the total number of Dwellings shall be reduced by one Dwelling for each 1,300 square feet of commercial building developed in Area C: Sub-District C-1. 7.3 Cunningham Parcel Townhomes. If the daycare contemplated under Docket PZ-2023-00227 is not built within Area C-Subdistrict 2, and commercial development is not built by the Master Developer in Area C- Subdistrict 1, any residential units built on the land commonly known as -09-34-00-00-020.00) shall not reduce the number of townhomes available to be built pursuant to Section 7.2 above within Area C-Subdistrict 1 by the Master Developer. Section 5.3. All other portions of SeVillage PUD shall remain in full force and effect. Section 6. Architectural and Design Standards. Section 6.1 amended as follows: Neighborhood Commercial Buildings (Sub-District C-1/Sub-District C-2). The architectural and design standards applicable to Neighborhood Commercial Buildings are specified in Exhibit F, as Amended. Character illustrations indicating conceptually the intended architecture and appearance of Buildings are provided in the Character Exhibits, as Amended. Section 6.2. Village PUD shall remain in full force and effect. C:\\NRPortbl\\ACTIVE\\AULBRICHT\\\\Jacksons Grant Village PUD amendment Final 12- 15.docx SPONSOR: Councilor XXXX Section 7. Landscaping Standards. Section 7.1. The Real Estate described in Exhibit A, also known as parcel number 17-09-34-00-00-020.000, is intended to be developed as part of Use Blocks Area B and Area C: Sub-district C-2. As such, Section 12.5 (B) of the no longer applies and is hereby amended by striking it in its entirety from the text of the Ordinance. Section 12.5 shall be amended as follows: B. No bufferyards or plantings shall be required between or within the various Section 7.2. Village PUD shall remain in full force and effect. Section 8 Infrastructure and Environmental Standards Section 8.1 Section 15.2 hereby amended as follows as it relates to the Real Estate: (This rest of this page is left intentionally, blank). C:\\NRPortbl\\ACTIVE\\AULBRICHT\\\\Jacksons Grant Village PUD amendment Final 12- 15.docx SPONSOR: Councilor XXXX ithin the District shall adhere standards and design criteria, unless otherwise stated within this Ordinance or unless specific waivers have been approved by the City. In addition, the District shall comply with the requirements of the Transportation Plan in accordance with Section 1.07E of the UDO (See Section 15.2(A) below, which is in full satisfaction of all obligations specified in Section 1.07E of the UDO). At such time as requested by the City and upon the enactment of this Ordinance, the Master Developer and/or Developer shall cause to be conveyed and dedicated to the City of Carmel for public right-of-way use one-half of the full right-of-way width prescribed in th the Transportation Plan, as measured from the centerline of 116 Street, across the entirety of Hamilton County Parcel Nos.: 17-09-34-00-00-019.000, 17-09-34-00-00- 020.000, and 17-09-34-00-00-021.00. Section 8.2. Village PUD shall remain in full force and effect. Section 9. Master Developer Consent. Ordinance, the Master Developer consents to this text amendment, supports adding the Real Estate into the PUD Ordinance as specified herein, supports amending the boundaries of the Use Blocks, and supports the modification of the Development Requirements to add Sub-Districts within Area C in order to create a Neighborhood Commercial Building within Sub-District C-2. Evidence of this consent is memorialized in Exhibit C, which is attached and incorporated herein. Section 10. Exhibit B to Ordinance Z-653-20. Exhibit B to Ordinance Z-653-20 shall be amended and referred to as Exhibit B, Amended, as set forth in Exhibit B to this Ordinance. Section 11. Exhibit F to Ordinance Z-653-20. Exhibit F to Ordinance Z- 653-20 shall be amended as set forth in Exhibit D to this Ordinance, and shall be referred to hereinafter as Exhibit F, as Amended. C:\\NRPortbl\\ACTIVE\\AULBRICHT\\\\Jacksons Grant Village PUD amendment Final 12- 15.docx SPONSOR: Councilor XXXX Section 12. Conditions to Enactment of Ordinance Z-653-20. Section 12.1 Exhibit I imposed conditions to the enactment of Ordinance Z-653-20, which is now hereby amended as follows: No single commercial building in Area C: Sub-District C-1 shall have a first-floor footprint greater than 7,500 square feet. Condition 4.1 sh Section 12.2. All other imposed conditions to the enactment of the Section 13. Invalidity. If any portion of this Ordinance is for any reason declared to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Section 14. State Law. This Ordinance does not affect, alter, or replace any applicable laws of the State of Indiana or otherwise that affect or relate to the subject matter hereof. Section 15. Effective Date. This Ordinance shall be in full force and effect from and after its passage by the Common Council and signing by the Mayor and such publication as required by law. C:\\NRPortbl\\ACTIVE\\AULBRICHT\\\\Jacksons Grant Village PUD amendment Final 12- 15.docx SPONSOR: Councilor XXXX PASSED by the Common Council of the City of Carmel, Indiana, this _____ day of ___________, 2024, by a vote of _________ ayes and ________ nays. COMMON COUNCIL FOR THE CITY OF CARMEL Adam Aasen Teresa Ayers Tony Green Dr. Anita Joshi Ryan Locke Shannon Minnaar Rich Taylor Matthew Snyder ____________________________________ Jeff Worrell ATTEST: Jacob Quinn, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this day of , 2024, at .M. Jacob Quinn, Clerk Approved by me, the Mayor of the City of Carmel, Indiana, this day of , 2024, at .M. Sue Finkam, Mayor ATTEST: Jacob Quinn, Clerk C:\\NRPortbl\\ACTIVE\\AULBRICHT\\\\Jacksons Grant Village PUD amendment Final 12- 15.docx SPONSOR: Councilor XXXX EXHIBIT A Legal Description of Real Estate The Real Estate referred to in the 2023 Amendment, situated in the City of Carmel, County of Hamilton, State of Indiana, is described as follows: A part of the Southeast Quarter of Section 34, Township 18 North, Range 3 East, in Hamilton County, Indiana, described as follows: Begin at a point 439.57 feet West of the Southeast corner of Section 34 in Township 18 North of Range 3 East; run thence West 191.2 feet to an iron stake; thence North 419.35 feet to an iron stake; thence East 191.2 feet to an iron stake; thence South 419.35 feet to the place up beginning, containing 1.84 acres, more or less. EXCEPTING THEREFROM that real estate having been conveyed to the City of Carmel, Indiana, by Warranty Deed from Emma Lou Cunningham dated February 9, 2012 and recorded April 10, 2012 as Instrument No. 201-201-8966, and being more particularly described as follows: A part of the Southeast Quarter of Section 34, Township 18 North, Range 3 East, in Hamilton County, Indiana, described as follows: Beginning at a point on the South line of said Section, South 89 degrees 17 minutes 57 seconds West 439.57 feet from the southeast corner of said Section; thence South 89 degrees 17 minutes 57 seconds West 191.20 feet along said South line; thence North 0 degrees 00 minutes 16 seconds East 25.00 feet; thence North 86 degrees 17 minutes 24 seconds East 191.59 feet; thence South 0 degrees 00 minutes 16 seconds West 35.07 feet to the point of beginning and containing 0.132 acres, more or less. C:\\NRPortbl\\ACTIVE\\AULBRICHT\\\\Jacksons Grant Village PUD amendment Final 12- 15.docx SPONSOR: Councilor XXXX EXHIBIT B Amended Conceptual Plan C:\\NRPortbl\\ACTIVE\\AULBRICHT\\\\Jacksons Grant Village PUD amendment Final 12- 15.docx SPONSOR: Councilor XXXX EXHIBIT C Master Developer Consent C:\\NRPortbl\\ACTIVE\\AULBRICHT\\\\Jacksons Grant Village PUD amendment Final 12- 15.docx SPONSOR: Councilor XXXX EXHIBIT D Exhibit F, As Amended (See Attached) C:\\NRPortbl\\ACTIVE\\AULBRICHT\\\\Jacksons Grant Village PUD amendment Final 12- 15.docx SPONSOR: Councilor XXXX EXHIBIT F, AREA C: NEIGHBORHOOD COMMERCIAL SUB-DISTRICT C-1 AND SUB-DISTRICT C-2 ARCHITECTURAL & DESIGN STANDARDS AS AMENDED Section 1. Character Exhibits. Character illustrations indicating conceptually the intended architecture and appearance of Buildings are provided in the Character Exhibits Section 2. Site Design. 2.1 The Ssite design shall be context-sensitive with regards to existing natural features. 2.2 Site access and internal circulation shall promote safety, efficiency, and convenience. 2.3 Buildings abutting Springmill Road shall have finished facades facing Springmill Road. 2.4 Pedestrian connectivity to the surrounding residential area shall be required. 2.5 Public open space will be integrated into the site design. Section 3. Building Design and Mass. 3.1 Neighborhood commercial structures located within Area C- Sub-District C-1 shall collectively be limited to 20,000 square feet of commercial use, and no individual retail tenant shall exceed 5,000 sq. feet. 3.2 Area C: Sub-District C-2: The neighborhood commercial structure located within Area C: Sub-District C-2 shall collectively be limited to 10, 000 sq. feet of commercial use. C:\\NRPortbl\\ACTIVE\\AULBRICHT\\\\Jacksons Grant Village PUD amendment Final 12- 15.docx SPONSOR: Councilor XXXX 3.3. Buildings shall be compatible with their surroundings with regards to parapet. Buildings of varying sizes and styles are encouraged to create diversity in architecture and building scales. 3.4. Buildings shall provide visual interest, through the use of details, trim, and a variety of materials. 3.5 Entryways shall be visually distinct. Individual entries and/or outdoor spaces are encouraged on the front and/or rear of the Buildings to add visual interest and provide a transition between the public, private and common areas of the Building. 3.6 Walls shall not have unbroken planes greater than one hundred (100) feet in length. Units within Buildings of Area C: Sub-District C-1 may be differentiated by plane, material changes, and separate entrances. 3.7. Mechanical equipment shall be screed from public view while still allowing for the equipment to properly ventilate and function. If mechanical equipment is installed on the roof, then it shall be screened by a parapet or other screening systems. Section 4. Exterior Building Materials. Exterior materials shall be durable and of high quality, such as masonry, pre-cast concrete, concrete block, face brick, poured concrete, split face, scored split, scored smooth, or fluted masonry units, Quick Brick (brick look Concrete Masonry Units), architectural metals (e.g. copper or Cor-Ten), and high quality fiber cement siding. Materials such as thin layer synthetic stucco or EIFS products shall only be used a minimum of eight (8) feet above grade and shall constitute less than 25% of the exterior of the building, unless otherwise approved by the Plan commission as appropriate for the purposed architectural style. Vinyl and aluminum siding shall be prohibited. C:\\NRPortbl\\ACTIVE\\AULBRICHT\\\\Jacksons Grant Village PUD amendment Final 12- 15.docx SPONSOR: Councilor XXXX Section 5. Rooflines. 5.1 Roof forms shall harmonize with the architectural style of the Building. 5.2 Permissible materials for pitched roofs shall include architectural grade, dimensional shingles, clay, slate, wood shingles, wood shakes, and metals. Rubber and other commonly acceptable materials are acceptable on flat roofs. Green roofs are encouraged, as are recycled materials. Three-tab shingles shall not be permitted. 5.3 Rooflines shall not have unbroken lines greater than one hundred (100) feet in length. C:\\NRPortbl\\ACTIVE\\AULBRICHT\\\\Jacksons Grant Village PUD amendment Final 12- 15.docx EXHIBIT B REAL ESTATE +«­§²Ɏ#«¹©¸¯¶º¯µ´Ɏµ¬Ɏ1«§²Ɏ$¹º§º«Ɏ The Real Estate referred to in the 2023 Amendment, situated in the City of Carmel, County of Hamilton, State of Indiana, is described as follows: A part of the Southeast Quarter of Section 34, Township 18 North, Range 3 East, in Hamilton County, Indiana, described as follows: Begin at a point 439.57 feet West of the Southeast corner of Section 34 in Township 18 North of Range 3 East; run thence West 191.2 feet to an iron stake; thence North 419.35 feet to an iron stake; thence East 191.2 feet to an iron stake; thence South 419.35 feet to the place up beginning, containing 1.84 acres, more or less. EXCEPTING THEREFROM that real estate having been conveyed to the City of Carmel, Indiana, by Warranty Deed from Emma Lou Cunningham dated February 9, 2012 and recorded April 10, 2012 as Instrument No. 201-201-8966, and being more particularly described as follows: A part of the Southeast Quarter of Section 34, Township 18 North, Range 3 East, in Hamilton County, Indiana, described as follows: Beginning at a point on the South line of said Section, South 89 degrees 17 minutes 57 seconds West 439.57 feet from the southeast corner of said Section; thence South 89 degrees 17 minutes 57 seconds West 191.20 feet along said South line; thence North 0 degrees 00 minutes 16 seconds East 25.00 feet; thence North 86 degrees 17 minutes 24 seconds East 191.59 feet; thence South 0 degrees 00 minutes 16 seconds West 35.07 feet to the point of beginning and containing 0.132 acres, more or less. C:\\NRPortbl\\ACTIVE\\AULBRICHT\\Master Developer Consent of Use and Authorization of Development final.docx