HomeMy WebLinkAbout02.19.24 CC Meeting Paperless Packet1
COMMON COUNCIL
MEETING AGENDA
MONDAY, FEBRUARY 19, 2024 – 6:00 P.M.
COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE
1. CALL TO ORDER 2. AGENDA APPROVAL
3. INVOCATION 4. PLEDGE OF ALLEGIANCE 5. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS
a. Swearing-in of new Carmel Police Officers - Officer John Mitchell - Officer Carson Jones - Officer Cason Elkin - Officer Landon Kennedy - Officer Sarah Peters
6. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 7. COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS
8. CONSENT AGENDA a. Approval of Minutes 1. February 5, 2024 Regular Meeting
b. Claims 1. Payroll - $3,872,519.67 2. General Claims - $1,539,889.93
3. Retirement - $110,204.16
4. Wire Transfers - $7,497,185.44 9. ACTION ON MAYORAL VETOES
10. COMMITTEE REPORTS a. Finance, Utilities and Rules Committee b. Land Use and Special Studies Committee c. All reports designated by the Chair to qualify for placement under this category.
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11. OTHER REPORTS – (at the first meeting of the month specified below):
a. Carmel Redevelopment Commission (Monthly)
b. Carmel Historic Preservation Commission (Quarterly – January, April, July, October) c. Audit Committee (Bi-annual – May, October) d. Redevelopment Authority (Bi-annual – April, October) e. Carmel Cable and Telecommunications Commission (Bi-annual – April, October)
f. Economic Development Commission (Bi-annual – February, August) g. Library Board (Annual – February) h. Ethics Board (Annual – February) i. Public Art Committee (Annual – August) j. Parks Department (Quarterly – February, May, August, November)
k. All reports designated by the Chair to qualify for placement under this category.
12. OLD BUSINESS a. Sixth Reading of Ordinance D-2696-23; An Ordinance of the Common Council of the
City of Carmel, Indiana, Adding Chapter 8, Article 4, Section 8-44 to the Carmel City
Code; Sponsor(s): Councilor(s) Worrell and Aasen. Remains in the Finance, Utilities and Rules Committee (Next Meeting Date 3/12/24). Synopsis:
Establishes a speed limit of 20 miles per hour within roundabouts. b. Resolution CC-01-08-24-01; A Resolution of the Common Council of the City of Carmel, Indiana, Recommending Consideration of an Amendment to the Unified Development Ordinance for the City and Referring the Same to the Carmel Plan
Commission for Recommendation. Sponsor(s): Councilor(s) Aasen, Snyder and Taylor. Returning from the Land Use and Special Studies Committee. Synopsis: Resolution refers a proposal to amend Section 1.30(F) of the Carmel Unified
Development Ordinance to the Carmel Advisory Plan Commission for the public hearing
and recommendation to the Common Council. 13. PUBLIC HEARINGS
a. First Reading of Ordinance D-2700-24; An Ordinance of the Common Council of the
City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds from the Operating Balance of the General Fund to the 2024 Department of Community Services Budget; Sponsor: Councilor Worrell.
Synopsis:
Appropriates funds received from the Hamilton County Recorder’s Office for lien
payment that were deposited into the General Fund into the 2024 Department of
Community Services (“DOCS”) budget.
b. First Reading of Ordinance Z-687-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Andrews Planned Unit Development District;
Sponsor: Councilor Minnaar.
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Synopsis: Ordinance Establishes the Andrews Planned Unit Development District Ordinance (the
“Andrews PUD”). The Ordinance would rezone the real estate from R-1 Residential to a
Planned Unit Development district allowing the future development of a residential neighborhood laid out in the style and character as depicted on the attached Concept Plan which includes single-family homes.
14. NEW BUSINESS
a. Resolution CC-02-19-24-01; A Resolution of the Common Council of the City of Carmel, Indiana, Assigning a Special Study of the Unified Development Ordinance to the Land Use and Special Studies Committee for Review; Sponsor(s): Councilors Snyder, Aasen, Ayers and Green.
Synopsis: This resolution assigns a special study of the Carmel Unified Development Ordinance to the Land Use and Special Studies Committee for review and recommendations.
b. First Reading of Ordinance D-2701-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending the Subsection (49) to Chapter 8, Article 5, Section 8-47(a) of the Carmel City Code; Sponsor(s): Councilors Worrell and Aasen. Synopsis:
Ordinance amending parking prohibition on a section of Southbound 3rd Ave SW near its intersection with City Center Drive. c. First Reading of Ordinance D-2703-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3-30 of the
Carmel City Code; Sponsor: Councilor Locke. Synopsis: Ordinance amends the order of business for the Carmel Common Council agenda by adding the Climate Action Advisory Committee’s quarterly reports.
15. AGENDA ADD-ON ITEMS 16. OTHER BUSINESS
a. Request for Approval of CRC Purchase of 331 W Main Street Returning from the Finance, Utilities and Rules Committee. b. Update from CRC Regarding the Republic Headquarters Project
17. ANNOUNCEMENTS 18. ADJOURNMENT
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COMMON COUNCIL 1
MEETING MINUTES 2
MONDAY, FEBRUARY 5, 2024 – 6:00 P.M. 3
COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE 4
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MEETING CALLED TO ORDER 7
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Council President Anthony Green; Council Vice-President Adam Aasen; Council Members: Jeff 9
Worrell, Ryan Locke, Rich Taylor, Teresa Ayers, Matthew Snyder, Anita Joshi, Shannon 10
Minnaar and Deputy Clerk Jessica Komp were present. 11
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Council President Green called the meeting to order at 6:00 p.m. 13
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AGENDA APPROVAL 15
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The agenda was approved unanimously. 17
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INVOCATION 19
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Pastor Greg Strand, Mercy Road Church, delivered the Invocation. 21
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Jonathan led the pledge of allegiance. 23
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RECOGNITION OF CITY EMPLOYEES AND OUSTANDING CITIZENS 25
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The Creekside Middle School Tech-nically LEGO Robotics Team was recognized for their 27
achievement of winning the State Championship with their patent-pending innovation to make 28
art masterpieces more accessible to visually impaired persons. Team Coaches Nirav Shah and 29
Priyesh Kheradia shared that the team of 7th and 8th graders will be headed to the World 30
Championship in Houston, Texas in April. 31
32
Carmel Fire Department Chief David Haboush recognized Captain Scott Tierney upon his 33
retirement for his 37 years of service to the City of Carmel. Captain Tierney started his career 34
with Carmel as a 911 dispatcher, and two years later joined the Carmel Fire Department where 35
he served with dignity for the last 35 years. Captain Tierney has served every rank as a 36
firefighter, and has led with a servant’s heart. He has served as the Rescue Task Force 37
Coordinator for CFD and has served with Task Force One since 2008. He is currently the House 38
Captain at Fire Station 346. Captain Tierney has been deployed nationally on various hurricanes, 39
federal water rescues, and more recently, the Hawaii wildfires and the Surfside Condominium 40
collapse in Miami Beach. Chief Haboush presented Captain Tierney with a commemorative axe, 41
and thanked him for his years of dedicated service. 42
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44
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RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 45
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There were none. 47
48
COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS 49
50
Mayor Sue Finkam introduced Corum Deo Academy Fifth Grader, Jonathan Poer, to give the 51
Mayor’s update to City Council. There have been accepted job offers for an Executive Assistant, 52
Deputy Chief of Staff, and Chief Financial Officer. Recruiting continues for the Chief of Police 53
and two other roles. The Mayor has had very good discussions with the Director of Carmel Clay 54
Parks and Recreation regarding park impact fees. The Mayor thanks the City Councilors for 55
attending the all-team meetings. The Mayor also announced that the community survey will be 56
launching the week of February 12th. 57
58
CONSENT AGENDA 59
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Councilor Aasen moved to approve the consent agenda. Councilor Minnaar seconded. There was 61
no Council discussion. Council President Green called for the vote. The motion was approved 9-0. 62
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a. Approval of Minutes 64
65
1. January 8, 2024 Regular Meeting 66
2. January 25, 2024 Claims Meeting 67
68
b. Claims 69
70
1. General Claims - $1,276,700.29 71
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ACTION ON MAYORAL VETOES 73
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There were none. 75
76
COMMITTEE REPORTS 77
78
Councilor Worrell reported that the Finance, Utilities and Rules Committee had not met, but that 79
they do have two items on their agenda and will meet on Thursday, February 8th, 2024. 80
81
Councilor Snyder reported that the Land Use and Special Studies Committee had met on January 82
19th, 2024 and had a very productive discussion regarding park impact fees. The committee will 83
meet again on Wednesday, February 7th, 2024. 84
85
OTHER REPORTS – (at the first meeting of the month specified below): 86
87
Henry Mestetsky, Executive Director of the Carmel Redevelopment Commission, presented the 88
monthly Redevelopment Commission report. Councilors Taylor and Snyder asked about the 89
Tavern on the Green at the Proscenium, and whether the park impact fund would be receiving 90
the revenue from the Tavern. Director Mestetsky answered no, because the Tavern is privately 91
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owned. The park impact fee credits went to the green grass in front of the Tavern, and not the 92
Tavern itself, which was always planned to be there. The green is open to the public. Councilor 93
Snyder stated that the public is having a hard time with the green’s $865,000.00 price. 94
95
Jeff Maurer gave the report from the Economic Development Commission. This is the first 96
report since February of 2023. There was a tour of the new Republic Headquarters on July 10, 97
2023. The EDC met once, on December 7, 2023. The President is Ed Bukovac, Vice President is 98
Jeff Maurer, and the Secretary is Nikki Felix. The EDC voted to approve the Valentina project 99
and the Gramercy project. The EDC typically meets in the fall, but there are not currently any 100
scheduled meetings for 2024. 101
102
The Ethics Board has not met in the past year, as they typically only meet when there is an ethics 103
complaint to be addressed. The Ethics Board will present a written report at the February 19th 104
Council meeting. 105
106
Kelvin Okamoto gave a report to Council on behalf of the Mayor’s Advisory Commission on 107
Human Relations. The Commission hosted “Celebration of Cultural Diversity” at the Carmel 108
International Arts Festival in September 2023. Groups that participated included the African 109
Council of Indiana, the Burmese American Community Institute, the Carmel-Cortona (Italy) 110
Sister City Committee, the Carmel Sister Cities representing the relationship with 111
Kawachinagano/Osaka/Japan, the Carmel-Jelgava (Latvia) Sister City Committee, the Carmel-112
Visakhapatnam (India) Sister City Committee, the Carmel-Xiangyang (China) Sister City 113
Committee, the Indiana Association of Chinese Americans, the Indianapolis Chinese Community 114
Center, the Indianapolis Chinese Performing Arts, The Multicultural School of Indiana, The 115
Romain Society from Indiana, and The Ukrainian Society of Indiana. 116
117
OLD BUSINESS 118
119
Council President Green announced the Fifth Reading of Ordinance D-2696-23; An Ordinance 120
of the Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 4, Section 8-121
44 to the Carmel City Code; Sponsor(s): Councilor(s) Worrell and Aasen. This remains in the 122
Finance, Utilities and Rules Committee (2/8/24 Meeting Date). 123
124
Council President Green read Resolution CC-01-08-24-01; A Resolution of the Common 125
Council of the City of Carmel, Indiana, Recommending Consideration of an Amendment to the 126
Unified Development Ordinance for the City and Referring the Same to the Carmel Plan 127
Commission for Recommendation. Sponsor(s): Councilor(s) Aasen, Snyder and Taylor. This 128
remains in the Land Use and Special Studies Committee (2/7/24 Meeting Date). 129
130
PUBLIC HEARINGS 131
132
There were none. 133
134
NEW BUSINESS 135
136
Council President Green announced Resolution CC-02-05-24-01; A Resolution of the Common 137
Council of the City of Carmel, Indiana, Authorizing the Investment of Public Funds Pursuant to 138
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IC 5-13-9-5; Sponsor(s): Councilor(s) Worrell, Snyder, Aasen and Joshi. Councilor Aasen 139
moved to introduce. Councilor Ayers seconded. Councilor Aasen introduced the item to Council. 140
Interim Corporation Counsel, Benjamin Legge, explained that this resolution will come to the 141
Council on an annual basis, as it is required by statute, it authorizes the City Controller to solicit 142
quotes for, and investment in, certificates of insurance, which will be banked in the State of 143
Indiana. Councilor Minnaar moved to approve. Councilor Aasen seconded. There was no 144
discussion. Council President Green called for the vote. Resolution approved 9-0. 145
146
Council President Green announced Resolution CC-02-05-24-02; A Resolution of the Common 147
Council of the City of Carmel, Indiana, Approving a Transfer of Funds from the Grant Fund 148
(Fund #900) into the General Fund (Fund #101); Sponsor(s): Councilor(s) Worrell, Aasen and 149
Joshi. Councilor Worrell moved to introduce. Councilor Minnaar seconded. Councilor Worrell 150
introduced the item to Council. Benjamin Legge explained that this is simple transfer of 151
$2,000.00 grant funds into the General Fund, which must happen in order for the funds to be 152
used. This was for a reimbursement from the Indiana Arts Commission. Councilor Joshi asked 153
what these funds were used for. Ann Bingman, City Controller, explained that these were two 154
$1,000.00 grants from 2021, one for a mural, and one for post-Covid communications for the 155
city. There were delays in being able to spend the grant money, so the expenditures occurred in 156
2022, and were finally reimbursed in 2023. This resolution is a request to transfer that 157
reimbursement into the General Fund. Councilor Aasen moved to approve. Councilor Minnaar 158
seconded. There was no discussion. Council President Green called for the vote. Resolution 159
approved 9-0. 160
161
AGENDA ADD-ON ITEMS 162
163
There were none. 164
165
OTHER BUSINESS 166
167
Council President Green announced the Request for Approval of CRC Purchase of 331 W Main 168
Street. This remains in the Finance, Utilities and Rules Committee (2/8/24 Meeting Date). 169
170
Council President Green announced 2023 Encumbrances in 2024, in the amount of 171
$15,905,211.84. Councilor Aasen made a motion to acknowledge. Councilor Joshi seconded. 172
There was no discussion. Council President Green called for the vote. Encumbrances 173
acknowledged 9-0. 174
175
City Council Appointments 176
177
Carmel Cable & Telecommunications Commission (Term expires 3/31/2026, two-year term); 178
One appointment. Councilor Minnaar moved to nominate Sarah Spencer. Councilor Aasen 179
seconded. Councilor Minnaar moved to close nominations. Councilor Aasen seconded. There 180
was no discussion. Council President Green called for the vote. Appointment approved 9-0. 181
182
Carmel Ethics Board (Term expires 1/1/2026, two-year term); One Democratic appointment. 183
Councilor Joshi moved to nominate Sarah Ogren. Councilor Minnaar seconded. Councilor Joshi 184
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moved to close nominations. Councilor Aasen seconded. There was no discussion. Council 185
President Green called for the vote. Appointment approved 9-0. 186
187
Carmel City Center Community Development Corporation (Term expires 12/31/2024, one-year 188
term); One appointment. Councilor Aasen moved to nominate Cheryl Wessel. Councilor Taylor 189
seconded. Councilor Minnaar moved to close nominations. Councilor Aasen seconded. There 190
was no discussion. Council President Green called for the vote. Appointment approved 9-0. 191
192
Carmel Public Art Advisory Committee (Terms expire 1/1/2026, two-year terms); Nine 193
appointments. Council President Green announced that no Council appointments will be made to 194
this committee until the new administration has decided how this committee will be restructured. 195
This will require an ordinance, which is still forthcoming. 196
197
ANNOUNCEMENTS 198
199
ADJOURNMENT 200
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Council President Green adjourned the meeting at 6:55 p.m. 202
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Respectfully Submitted, 204
205
206
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_______________________________ 208
Jacob Quinn, Clerk 209
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211
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Approved, 213
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215
_______________________________ 216
Anthony Green, Council President 217
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ATTEST: 219
220
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_______________________________ 222
Jacob Quinn, Clerk 223
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Annual Report 2024
The first full year of operation in the new Main Library
Library Mission & Vision and Board
Mission
To inspire lifelong discovery, facilitate collaboration, and connect people with resources.
Vision
To support a diverse community of
people committed to lifelong learning,
an enhanced quality of life, and
enriching social and cultural experiences.
Board of Trustees
Ranjit Puthran ı President
Stephanie Kim ı Vice President
Casey Wilson ı Secretary
Rosie Foulke
Anne Poindexter
John Williams
Xiao Yuan
Main Library renovation featured in Library Journal
“Renovated by RATIO Design, the expanded Carmel Clay Public Library in Carmel, IN,
offers its community a reconceptualized
interior layout featuring enhanced open
social areas, additional seating capacity,
increased event space, a maker space, and a digital media lab. Bold graphics and vibrant colors mix with soft wood panels and lush biophilic wall elements.”
Mike Cherry, Teen Services Librarian and
coordinator of CCPL’s Teen Artist in
Residence program, says the program
"opens a multitude of opportunities for
young artists."
Teen artist-in-residence Celia Hamilton uses the studio at
Carmel Clay (Ind.) Public Library (top left) to plan and
execute a photoshoot of herself wearing her fashion
designs (right).
Teen Artist in Residence Studio featured in American Libraries
magazine
“Just past the round Children’s Resources desk at the Carmel Clay Public Library is an open -concept play area perfect for preschoolers and toddlers.” -Indy With Kids
Meeting Rooms for the Community
•58 business reservations
•216 nonprofit reservations
•$7,543.85: total revenue
generated from room reservations.
Programs
and Events
•236 programs for adults with 6,595 attendees
•864 programs for children with 27,60 1 attendees
•278 programs for teens with 8,263 attendees
•63 outreach events reaching 5,341 people
•Over 50 homebound patrons served regularly
•Adult: 22,746
•Teen: 5,367
•Kid s : 1,4 0 7
•West Branch: 962
Reference: 71,275
Directional: 82,980
ACE day numbers:
•December 19: 1,863
•December 20: 2,014
•December 21: 2,080
Study Room Use
Door Counts/ Visits
2021 2022 2023
Main Library 198,685 233,241 530,215 12 7.3 %
increase
Branch 34,802 45,897 50,090 9 .1%
increase
Digital Media Lab 3,591 22,725 42,552 87.2%
increase
To t a l
237,078 3 0 1,8 6 3 580,305
92.2%
overall
increase
Circulation in 20 23
500,000
700,000
900,000
1,100,000
1,300,000
1,500,000
1,70 0 ,0 0 0
1,900,000
2,100,000
2020 2021 2022 2023
1,4 16 ,9 3 8
1,649,386 1,632,563
2,075,215
Total Circulation
Online Library Card Signup
•Card Registration:
•2 0 19 : 4 ,9 72
•2 0 2 3 : 10 ,115
5,513 items were checked
out of the Holds Pickup
Locker in 2023
OverDrive and the Libby App
ebooks, digital audiobooks, digital magazines
New Features:
•One-click
magazine
checkouts
•“Notify Me” tags
•Now available on
Kindle Fire tablets
•Kanopy owned by
Overdrive
Hoopla Digital
ebooks, digital audiobooks, movies, TV shows, music
Movies, documentaries, foreign films, classic cinema, and more
The biggest users of Tutor.com are high school students in high level math and science classes
What are they saying about the service?
•Thanks Tutor.com, for making my life easier. This helps me study for tests, figure out what I'm doing wrong on homework, and so
much more. :) (Carmel Clay Public Library) 8th Grade
•Great tutor! Caught all my mistakes! (Carmel Clay Public Library)
9th Grade
•Very helpful and receptive. Answered my questions and didn't rush me.(Carmel Clay Public Library) 10 th Grade
•He helped me with some math homework, it was
great!!(Carmel Clay Public Library) 10 th Grade
•Great Teacher! Very knowledgeable! (Carmel Clay Public Library)
College –Intro
•tutor.com is epic (Carmel Clay Public Library) 8th Grade
USER FEEDBACK
Are you glad your organization offers this
service? (Carmel Clay Public Library)
100%
Would you recommend this service to a
friend? (Carmel Clay Public Library)
100%
Is this service helping you complete your
homework assignments? (Carmel Clay
Public Library)
100%
Is this service helping you improve your
grades? (Carmel Clay Public Library)
100%
Is this service helping you be more
confident about your school work?
(Carmel Clay Public Library)
100%
Happy Birthday, CCPL
Celebrating the
one -year
anniversary of the
new Main Library
Our Solar Partners: Telamon and
Solential Energy
Joyce Winner West Branch
Building improvements expected this year.
2023:
8,241 take-and-make kits
27,771 questions answered
50,255 visits
121,727 checkouts
6 Village of WestClay outreach events attended
CCPL Foundation
Mission
To enhance the Carmel Clay Public Library as a community resource by raising public and private funds for special projects and by building an endowment for the financial security and long-term excellence of the library •Foundation Director
•Fundraising events
•Foundation Friends retail activities
Foundation Events
April after -hours event featuring food, drink, and library-wide activities
Presented by the Young Professionals Group
October evening event and luncheon featuring six New York Times bestselling authors
Presented by the Foundation Guild
20TH ANNIVERSARY
Foundation Friends
Retail activities
Foundation Friends Bookstore Semi-annual book sales
Over 1,000 books for sale on Amazon
Thank you!
“It's wonderful and refreshing to see, even in a city the size of
Carmel, there are people willing to give individualized
attention to get kids engaged in reading!” –Rachel, CCPL
library patron. Thank you! Questions?
SPONSOR(s): Councilors Aasen, Hannon,
Rider and Worrell
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 11/1/2023 at 4:25 p.m. No subsequent revision to this
Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
ORDINANCE NO. D-2696-23 1
2
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3
ADDING CHAPTER 8, ARTICLE 4, SECTION 8-44 TO THE CARMEL CITY CODE 4
5
Synopsis: Establishes a speed limit of 20 miles per hour within roundabouts. 6
7
WHEREAS, the City of Carmel, Indiana, has the authority to establish motor vehicle speed limits 8
pursuant to Indiana Code § 9-21-5-6 and City Code Section 8-15; and 9
10
WHEREAS, for the safety of the travelling public, the Common Council now finds it necessary to 11
establish a speed limit of twenty (20) miles per hour within City roundabouts. 12
13
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, 14
Indiana, as follows: 15
16
Section 1. The foregoing Recitals are fully incorporated herein by this reference. 17
18
Section 2. Carmel City Code Chapter 8, Article 4, Section 8-44 is hereby added to the Carmel City 19
Code to read as follows: 20
21
Ҥ 8-44 Twenty m.p.h. Speed Limit Within Roundabouts. 22
23
No person shall drive a motor vehicle in excess of twenty (20) miles per hour within a 24
roundabout.” 25
26
Section 3. The Carmel Street Department is directed to promptly add the appropriate signage to 27
fulfill the mandates contained in this Ordinance upon its passage. 28
29
Section 4. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance 30
are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance. 31
However, the repeal or amendment by this Ordinance of any other ordinance does not affect any rights or 32
liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this Ordinance. 33
Those rights, liabilities and proceedings are continued and penalties shall be imposed and enforced under 34
such repealed or amended ordinance as if this Ordinance had not been adopted. 35
36
Section 5. If any portion of this Ordinance is for any reason declared to be unconstitutional or 37
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as 38
enforcement of same can be given the same effect. 39
40
Section 6. This Ordinance shall be in full force and effect from and after the date of its passage, 41
execution by the Mayor, and publication as required by law. 42
43
44
45
Ordinance D-2696-23 46
Page One of Two 47
48
SPONSOR(s): Councilors Aasen, Hannon,
Rider and Worrell
PASSED, by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2024,49
by a vote of _____ ayes and _____ nays. 50
51
COMMON COUNCIL FOR THE CITY OF CARMEL 52
53
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Adam Aasen
____________________________________ Teresa Ayers
____________________________________
Ryan Locke
___________________________________ Rich Taylor65
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___________________________________ Anthony Green
___________________________________ Jeff Worrell
___________________________________
Shannon Minnaar
___________________________________ Matthew Taylor
___________________________________ Anita Joshi
ATTEST:
__________________________________ Jacob Quinn, Clerk73
74
75 Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of
_________________________ 2024, at _______ __.M.76
77
78 ____________________________________ Jacob Quinn, Clerk79
80
81 Approved by me, Mayor of the City of Carmel, Indiana, this _____ day
of ________________________ 2024, at _______ __.M.82
83
84 ____________________________________ Sue Finkam, Mayor85
86
87
88
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ATTEST:
___________________________________ Jacob Quinn, Clerk
Ordinance D-2696-23
Page Two of Two
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 11/1/2023 at 4:25 p.m. No subsequent revision to this
Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
92
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SPONSOR(S): Councilor Aasen, Councilor Snyder, Councilor Taylor
RESOLUTION CC 01-08-24-01 1 (AS AMENDED) 2 3
RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA 4 RECOMMENDING CONSIDERATION OF AN AMENDMENT TO THE UNIFIED 5 DEVELOPMENT ORDINANCE FOR THE CITY AND REFERRING THE SAME TO THE 6 CARMEL PLAN COMMISSION FOR RECOMMENDATION 7 8
Synopsis: This Resolution refers a proposal to amend Sections 1.30(F), (K), and (L) of the Carmel 9 Unified Development Ordinance to the Carmel Advisory Plan Commission for public hearing and 10 recommendation to the Common Council. 11 12
WHEREAS, the Common Council of the City of Carmel, Indiana (“City”) previously adopted 13 Ordinance Z-644-19 restating and amending an ordinance establishing an impact fee for the purpose 14 of planning and financing park and recreation infrastructure needed to serve new residential 15
development (the “PRIF Ordinance”); and 16
17 WHEREAS, the Common Council desires to amend the PRIF Ordinance in accordance with 18 Ind. Code §36-7-4-602(b) in order to revise the process for extending credits to developers in lieu of 19 payment of the Park and Recreation Impact Fee (PRIF) established by the PRIF Ordinance; and 20 21 WHEREAS, Ind. Code §36-7-4-607(b) requires any proposal to amend or partially repeal the 22 text of the PRIF Ordinance be referred to the City’s Advisory Plan Commission (the “Commission”) 23 for consideration and recommendation before any final action is taken by the Common Council; and 24 25 WHEREAS, upon receiving a proposal for the amendment or repeal of the text of the PRIF 26 Ordinance, the Commission shall, within sixty (60) days, hold a public hearing in accordance with Ind. 27 Code §36-7-4-607(b) and make a recommendation on the proposal not later than sixty (60) days after 28 the Commission holds the public hearing; and 29 30 WHEREAS, as required by Ind. Code §36-7-4-607(c) the Commission is required to certify 31 to the Common Council the Commission’s recommendation before final action is taken by the 32 Common Council. 33 34 NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE 35 CITY OF CARMEL, INDIANA AS FOLLOWS: 36
37 Section 1. Recitals Incorporated. The foregoing Recitals are incorporated herein by this 38 reference. 39 40 Section 2. Recommendation and Referral. The Common Council proposes for 41
consideration the amendment to the PRIF Ordinance attached hereto as Exhibit A and refers the same 42 to the Commission for consideration, a public hearing and recommendation before any final action is 43 taken by the Common Council. A form of Notice of Public Hearing is attached hereto as Exhibit B for 44 the Commission’s convenience. 45
46 Section 3. Action by the Common Council. Upon receipt of the recommendation of the 47 Commission, the Common Council shall review and consider adoption of the Amendment. 48 49 Resolution CC 01-08-24-01 Version A – Land Use and Special Studies Committee, February 7, 2023 50 Page One of Two Pages 51
SPONSOR(S): Councilor Aasen, Councilor Snyder, Councilor Taylor
Section 4. Effectiveness. This Resolution shall take effect immediately upon its passage 52 by the Council and approval of the Mayor and upon such approval shall be transmitted by the Clerk to 53 the Commission. 54
55 SO RESOLVED, by the Common Council of the City of Carmel. Indiana, this ___ day of 56 _______________, 2024 by a vote of _____ ayes and _____ nays. 57
58
COMMON COUNCIL FOR THE CITY OF CARMEL 59
60
______________________________ _______________________________ 61 Anthony Green, President Adam Aasen, Vice-President 62
63
______________________________ ______________________________ 64
Jeff Worrell Teresa Ayers 65
66
______________________________ ______________________________ 67
Shannon Minnaar Ryan Locke 68
69
______________________________ ______________________________ 70
Matt Snyder Rich Taylor 71
72 ______________________________ 73
Dr. Anita Joshi 74
75
ATTEST: 76
77
______________________________ 78 Jacob Quinn, Clerk 79
80
Presented by me to the Mayor of the City of Carmel, Indiana this ___ day of 81 _________________, 2024, at ______ __.M. 82
83
_________________________________ 84
Jacob Quinn, Clerk 85 86
Approved by me, Mayor of the City of Carmel, Indiana this ___ day of 87
_________________, 2024, at ______ __.M. 88
89
_________________________________ 90 Sue Finkam, Mayor 91
92
ATTEST: 93
_________________________________ 94
Jacob Quinn, Clerk 95 96
97 Resolution CC 01-08-24-01 Version A – Land Use and Special Studies Committee, February 7, 2023 98 Page Two of Two Pages 99
EXHIBIT “A
Form of Amending Ordinance ORDINANCE Z- ____________
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING SECTIONS 1.30(F), (K), and (L) OF THE UNIFIED DEVELOPMENT ORDINANCES
This Ordinance amends and replaces Sections 1.30(F), (K), and (L) of the Unified
Development Ordinance regarding the procedures for granting of park and recreation fee
credits. WHEREAS, the Common Council of the City of Carmel, Indiana (“City”) previously
adopted Ordinance Z-644-19 restating and amending an ordinance to establish an impact fee for
the purpose of planning and financing park and recreation infrastructure needed to serve new residential development (the “PRIF Ordinance”); and WHEREAS, the Common Council desires to amend the text of the PRIF Ordinance pursuant in Ind. Code §36-7-4-602(b) in order to revise the process for the approval of extending
credits to developers in lieu of the payment of the Park and Recreation Impact Fee (PRIF) established by the PRIF Ordinance; and WHEREAS, pursuant to Common Council Resolution No. CC 01-08-24-01, the City’s Advisory Plan Commission (the “Commission”) received the Common Council’s proposal to
consider and provide a recommendation to the Common Council regarding the proposed
amendment to the PRIF Ordinance; and WHERAS, pursuant to Ind. Code §36-7-4-604 the Commission held a public hearing on ___________, 2024 after providing public notice thereof as required by law; and
WHEREAS, upon completion of the public hearing the Commission voted to make the following recommendation as evidenced by the certification attached hereto as Exhibit A: __________; and
WHEREAS, the Common Council now desires to adopt the Amendment in the form
included in this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AS FOLLOWS:
Section 1. Recitals Incorporated. The foregoing Recitals are incorporated herein by this reference.
Section 2. Amendment. Section 1.30(F) of the UniformUnified Development
Ordinance shall be amended and restated as follows:
F. Credit in Lieu of Payment; Exemptions: 1. Pursuant to IC 36‑7‑4‑1335, any developer (or individual) obligated to pay a fee pursuant to the terms of this PRIF Ordinance may be granted the option of financing, constructing
and dedicating Parks and Recreation Infrastructure instead of making all or part of any
impact fee payment which may be due, so long as such financing, construction and dedication are accomplished either: a. Pursuant to the Zone Improvement Plan and with the consent and acceptance of the Carmel-Clay Board of Parks and Recreation, or
b. With respect to components of infrastructure or other improvements that are not
included in the Zone Improvement Plan, after consultation with the Director of Carmel-Clay Parks and Recreation, with the initial approval by the Council, where, if desired, the Council can set a percentage limit, with variance limits, of how much credit is allocated for site improvements, under a request by the Carmel Board of
Public Works and Safety and with the and with final consent and acceptance of the
Board of Public Works and Safety. 2. The developer (or individual) providing the infrastructure or improvement, shall be allowed a credit in an amount equal to the sum of: a. The actual cost of constructing or providing the infrastructure or improvements,
plus
b. The fair market value of the land, real property interests, and site improvements provided. 3. The amount of the credit shall be determined by agreement (the “Credit Agreement”) between the person constructing or providing the infrastructure or improvement and either:
a. The Carmel-Clay Board of Parks and Recreation; or
b. The Board of Public Works and Safety, depending upon which entity is best suited to accept the dedication of the infrastructure or improvement. The developer (or individual) shall make a request for credit prior to the issuance of the improvement location permit. The Board of Public Works and Safety shall not
approve a proposed Credit Agreement if the credit allocation for any site
improvement(s) exceeds the percentage limit, including variance limits, set by Council, if applicable. In the event the credit is less than the amount of the impact fee due pursuant to Section 1.30(E): Establishment of Impact Fee above, the remaining balance shall be due in accordance with the provisions stated hereafter.
4. Credits against impact fees otherwise due shall be allowed pursuant to this section for
all infrastructure and improvements constructed or furnished in accordance with IC
36‑7‑4‑1313 and IC 36‑7‑4‑1335 since January 1, 1989. In addition, a developer (or individual) responsible for installing infrastructure or improvements may designate in writing a method of allocating its credits to future owners who may be successors in interest
to the credits earned by the developer (or individual) as part of the Credit Agreement
provided for above. 5. Any developer (or individual) obligated to pay the fee established by this PRIF Ordinance whose property was totally or partially destroyed by fire, storm or other casualty beyond his or her control, shall be exempt from said fee if such developer (or individual)
repairs or replaces the destroyed structure without creating a burden on Parks and
Recreation Infrastructure greater than the burden imposed by the destroyed structure. In
the event of such additional burden, the fee shall be calculated based only on the increased
burden created by the structure.
6. The Council reserves the right to conduct audits and request any information from any source related to the credits approved under this section, the progress of the projects for infrastructure and other improvements related thereto, and the fund (or funds) established under IC 36-7-4-1329 for purposes of receiving the fees collected to determine compliance
with this section.
Section 3. Amendment. Section 1.30(K) of the Unified Development Ordinance shall be amended and restated as follows:
K. Establishment of Impact Fee Fund: There is hereby established an Impact Fee Fund as a non-
reverting fund, as may be designated by the Council, within the City to receive any and all sums collected pursuant to this PRIF Ordinance and any other Impact Fee Ordinance that may hereafter be adopted, to be utilized in connection with the purposes set forth in Section 1.30(L): Use of Impact Fees Collected below. The Impact Fee Fund shall have separate line items for each project,
separating the sums that are received and collected by each specific project, pursuant to this PRIF
Ordinance. A special account shall be established in the fund for Parks and Recreation Infrastructure which shall be kept separate from any other account that may hereafter be established in the fund for other infrastructure types. In the event, and only in the event, that an additional Impact Zone for Parks and Recreation Infrastructure is created hereafter, a separate
account shall be maintained for each separate Impact Zone established within the City. Interest
earned on any such account shall be deposited and maintained within the separate account. The Fiscal Officer shall manage the Impact Fee Fund according to the provisions of the Impact Fee Statute and maintain records of the status of any such account. Pursuant to IC 36‑7‑4‑1329, the Fiscal Officer shall make an annual report to the Plan Commission and the Carmel-Clay Board of
Parks and Recreation of said accounts which shall be available to the public in general and
developer (or individual), upon request, in particular. The right to any refund of an impact fee shall be determined strictly in accordance with IC 36‑7‑4‑1332, and the Fiscal Officer is designated, pursuant to IC 36‑7‑4‑1332(e), as the official responsible for acting upon any refund applications that may be filed by the developer (or individual). In order to facilitate the payment of any refunds
when they may be due, the Fiscal Officer is directed to identify the purpose of any impact fee paid
in order that a refund, if any, may be paid from the account into which the fee was originally deposited. Section 4. Amendment. Section 1.30(L) of the Unified Development Ordinance shall
be amended and restated as follows:
L. Use of Impact Fees Collected: Any and all fees collected pursuant to the provisions of this PRIF Ordinance may be utilized, subject to Council approval, only for the following purposes: 1. Providing funds to be utilized by the Carmel-Clay Board of Parks and Recreation, after
consultation with the Executive Director of Carmel Redevelopment Commission, for the
purpose of paying the capital costs of Parks and Recreation Infrastructure that is necessary to serve the new development within the City that is identified in the Zone Improvement Plan; 2. An amount not to exceed five percent (5%) of the annual collections of the fees, to be
utilized by the Carmel-Clay Board of Parks and Recreation for expenses incurred by the
Carmel-Clay Board of Parks and Recreation and/or the City for the consulting services that
are used with regard to the establishment and maintenance of this impact fee program;
3. To pay any refund that may be due under IC 36‑7‑4‑1332;
4. To pay the debt service cost on an obligation issued to provide Parks and Recreation Infrastructure described in Section 1.30(L)(1) in accordance with IC 36‑10‑3‑27 or other applicable law; 5. Providing funds to be utilized by the Carmel Redevelopment Commission, after
consultation with the Director of Carmel-Clay Parks and Recreation, for the purpose of
paying the capital costs of Urban Parks and Recreation Infrastructure. Section 5. Ordinances Repealed. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed to the extent of such inconsistency, as
of the effective date of this Ordinance, such repeal to have prospective application only.
Section 4. Effective Date. This Ordinance shall be in full force and effect from and after the date of its passage and approval by the Mayor in accordance with Ind. Code §36-7-4-610(d).
[The remainder of this page is left intentionally blank]
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, INDIANA
______________________________ _______________________________
Anthony Green, President Adam Aasen, Vice-President
______________________________ ______________________________
Jeff Worrell Teresa Ayers
______________________________ ______________________________
Shannon Minnaar Ryan Locke
______________________________ ______________________________
Matt Snyder Rich Taylor
______________________________
Dr. Anita Joshi 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, Mayor of the City of Carmel, Indiana this ___ day of ______________, 2024,
at ______ __.M.
________________________________
Sue Finkam, Mayor
ATTEST:
_________________________________
Jacob Quinn, Clerk
EXHIBIT “A”
CERTIFICATION OF THE CARMEL PLAN COMMISSION’S RECOMMENDATION ON THE PROPOSAL BY THE CARMEL COMMON COUNCIL TO AMEND THE CARMEL ZONING ORDINANCE PURSUANT TO INDIANA CODE §36-7-4-602(b)
ORDINANCE Z-________ AN ORDINANCE TO AMEND CHAPTER 1.30(f): PARKS AND RECREATION IMPACT FEES
To: The Honorable Common Council of the City of Carmel Hamilton County, Indiana
Dear Members:
The Carmel Advisory Plan Commission offers you the following report on the proposal by the Common Council to the Commission to amend Chapter 1.30(f): Parks and Recreation Impact Fees received in the form attached hereto.
The Carmel Advisory Plan Commission’s recommendation on the proposal is __________. At its regularly scheduled meeting on __________, 2024, the Carmel Advisory Plan Commission held a public hearing after publishing notice thereof in accordance with law, and thereafter voted
_____ in favor, _____ opposed, _____ abstaining, to forward to the Common Council, the
proposed Ordinance Z-________ with a ___________ recommendation. Please be advised that by virtue of the Commission’s recommendation, pursuant to IC 36-7-4-607(_)(_), the Council has ninety (90) days to act on the proposal. Ninety days from the date of
the original certification (___________, 2024) is ______________, 2024.
CARMEL PLAN COMMISSION
BY: ______________________________ Brad Grabow, President ATTEST:
________________________
____________, Secretary Carmel Advisory Plan Commission Dated: __________, 2024
EXHIBIT “B” NOTICE OF PUBLIC HEARING
BEFORE THE CARMEL ADVISORY PLAN COMMISSION DOCKET No.: CPA-2023-__________ Notice is hereby given that the Carmel Advisory Plan Commission will hold a public
hearing upon a proposal by the Carmel Common Council to amend the Carmel Unified
Development Ordinance (“UDO”) pursuant to documents filed with the Department of Community Services as follows: revise the UDO to eliminate the authority of the Carmel Board of Public Works and Safety to grant Parks and Recreation Impact Fee Credits to developers of projects within the City, and to vest such authority solely in the Carmel Clay Board of Parks and
Recreation with all such Credits being subject to approval by the Carmel Common Council.
Designated as Docket No. ___-2024-__________, the hearing will be held on Tuesday, _______, 2024 at 6:00 P.M. in the Council Chambers, Carmel City Hall, One Civic Square, Second Floor, Carmel, Indiana 46032.
The file for this proposal, including Council Resolution No. CC-__-24__-__ which includes the proposed Ordinance Amendment, may be examined at the Office of the Plan Commission, Carmel Department of Community Services, Division of Planning and Zoning, Carmel City Hall, Third Floor, One Civic Square, Carmel, Indiana 46032, telephone no. (317) 571-
2417.
Any written comments or objections to the proposal should be filed with the Secretary of the Plan Commission on or before the date of the Public Hearing. All written comments and objections will be presented to the Commission. Any oral comments concerning the proposal will
be heard by the Commission at the hearing according to its Rules of Procedure. In addition, the
hearing may be continued from time to time by the Commission as it may find necessary. Joe Shestak, Administrator Carmel Plan Commission
(317) 571-2417
Date: _________, 2024
SPONSOR(S): Councilor Worrell
This Ordinance was prepared by Jon A. Oberlander, Corporation Counsel, on 1/16/24 at 10:15 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
ORDINANCE NO. D-2700-24 1 2
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 AUTHORIZING AND APPROVING AN ADDITIONAL APPROPRIATION OF FUNDS 4 FROM THE OPERATING BALANCE OF THE GENERAL FUND TO THE 2024 5 DEPARTMENT OF COMMUNITY SERVICES BUDGET 6 7
Synopsis: Appropriates funds received from the Hamilton County Recorder’s Office for lien 8 payments that were deposited into the General Fund into the 2024 Department of Community 9 Services (“DOCS”) budget. 10 11 WHEREAS, throughout the last several months DOCS has received payments from the 12
Hamilton County Recorder’s Office for lien payments totaling Three Thousand Three Hundred Sixty 13
One Dollars and Three Cents ($3,361.03) that were deposited into the City’s General Fund; and 14 15 WHEREAS, the funds received from the lien payments are needed by DOCS to pay expenses 16 associated with recording new liens, as well as expenses the City has incurred in abating conditions on 17
properties that do not comply with Carmel’s property maintenance code; and 18
19 WHEREAS, the operating balance of the General Fund currently has excess funds in the 20 amount of Three Thousand Three Hundred Sixty One Dollars and Three Cents ($3,361.03). 21 22
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, 23
that the following additional sum of money is hereby appropriated out of the General Fund Operating 24 Balance and for the purposes specified, subject to applicable laws, as follows: 25 26 $3,361.03 from the GENERAL FUND OPERATING Balances 27
28 To 29 30 Department of Community Services (#1192): Line item 4340600 – Recording Fees $361.03 31 Department of Community Services (#1192) Line item 4350900 – Other Cont. Services $3,000.00 32
33
34 35 This Ordinance shall be in full force and effect from and after the date of its passage, execution 36 by the Mayor. 37
38
39 40 41 42
43
Ordinance D-2700-24 44 Page One of Two 45 46 47
48
SPONSOR(S): Councilor Worrell
This Ordinance was prepared by Jon A. Oberlander, Corporation Counsel, on 1/16/24 at 10:15 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
PASSED by the Common Council of the City of Carmel, Indiana, this day of 49 ________, 2024, by a vote of _____ ayes and _____ nays. 50
51 COMMON COUNCIL FOR THE CITY OF CARMEL 52 53 54 Anthony Green, President Adam Aasen, Vice-President 55
56 57 Rich Taylor Matt Snyder 58 59 ______________________________ 60
Jeff Worrell Teresa Ayers 61 62 ______ 63 Shannon Minnaar Ryan Locke 64 65
______________________________ 66 Anita Joshi 67 68 ATTEST: 69
70
______________________________ 71 Jacob Quinn, Clerk 72 73 Presented by me to the Mayor of the City of Carmel, Indiana this day of 74
_________________________ 2024, at _______ __.M. 75 76 77 Jacob Quinn, Clerk 78
79
Approved by me, Mayor of the City of Carmel, Indiana, this day of 80 ________________________ 2024, at _______ __.M. 81 82 83 84
Sue Finkam, Mayor 85 86 ATTEST: 87 88
89
90 Jacob Quinn, Clerk 91 92 93
Ordinance D-2700-24 94 Page Two of Two Pages 95 96
1
CITY OF CARMEL DOCS DEPARTMENT REPORT TO THE COUNCIL February 19, 2024 Andrews PUD Rezone (Z-687-24)
• Plan Commission Docket No. PZ-2023-00014 PUD
• Rezone 14.3 acres from R1/Residence to the Andrews PUD for 30 single-family homes.
• Site is located at 4411 E 146th Street
• 30 total dwellings proposed with 25% open space Planning and Zoning Analysis
• Comprehensive Plan (Comp Plan): o Classifies this area as East Neighborhoods which can have characteristics including lot sizes from 1/8 to 3
acres; building coverage between 20% to 55%; 2.5 story heights; front yards, gardens, porches, and residential uses. o Because this site is along 146th St, it falls into the Typical Corridor classification as well.
o Typical corridors are primary E/W and N/S routes that provide connectivity to community assets. These corridors are based on adjacent patterns and serve as transitions between places. They allow expanded housing options and limited commercial as long as they are consistent with adjacent character patterns.
o The Policy Goals and Objectives of the Comp Plan calls for such things as a variety of housing types, a mixture of land uses, and promoting housing options to support aging in place. o Building a residential neighborhood adjacent to existing residential is a compatible land use.
o The 2-story height of the homes, large setback to the south, and the landscaped buffer areas allows for a sensitive transition from the 2-story homes to the south to this neighborhood and then 146th St.
• PUD: o Site plan consists of 30 single-family detached homes with common area along 146th St. o There is a right-in/right-out entrance from 146th Street, a connection to the public right-of-way to the
south, and a stub street to the east. o Open space is provided with a retention pond with a pond overlook, a dog park, and a community garden. o Bufferyards are provided around the perimeter. Street trees and foundation plantings are required.
• Architectural Design: o Architectural standards are included in the PUD as well as Character Imagery.
o Front facades shall consist of masonry material and 2 other materials like horizontal siding or shake siding, and a masonry wainscot is required on all 4 sides of a home. o The character imagery shows 3 car front-load garages with the middle garage bay setback 2 ft.
o All homes will have either a front porch that extends forward of the garage or a front porch which is a minimum of 80 sq. ft. A minimum of 5 homes will have a front porch forward of the garage. o Some buildings will have enhanced side facades. Negotiations with Petitioner during Plan Commission process
• Original layout proposed 60 townhome and duplex units. Petitioner changed the plan to only single-family.
• A stub street was added to the east to connect if that land develops or if the County puts in a new intersection.
• Architectural standards improved and additional landscaping was provided in the common area.
Concerns discussed by the Plan Commission
• Traffic patterns and street designs and traffic calming possibilities.
• Architecture: concerns about monotony, few windows on the side, and ways to de-emphasize the garages.
• Construction traffic entrances and signage to keep it off of the existing residential streets.
• Buffer and tree preservation along the south. DOCS Staff found that the residential PUD meets several Policies and Objectives of the Comp. Plan. The development provides a buffer of common area and tree preservation to the neighborhood to the south and provides appropriate access. Open space is dispersed throughout the project and the architecture was improved throughout the Plan Commission
process. Many changes and improvements were made to the PUD along the way. We recommended that the Plan Commission forward this item to City Council with a Favorable Recommendation. They voted 6-0 (1 abstained, 2 absent) to send it with a Favorable Recommendation to City Council.
Andrews PUD
Rezone Request
Z-687-24
REZONE REQUEST
CITY OF CARMEL, INDIANA
February 19, 2024
City Council
Applicant: Schafer Development, LLC
Attorneys: Nelson & Frankenberger, LLC
James E. Shinaver, Attorney
Jon C. Dobosiewicz, Professional Land Planner
TABLE OF CONTENTS
1. Explanation of Request
Plan Commission Certification
2. Site Location Map
3. Illustrative Site Concept Plan
4. Open Space Exhibit
5. Home Front Elevations
Home Side and Rear Elevations
6. Amenity Character Exhibits
7. Andrews PUD
TAB 1
EXPLANATION OF REQUEST
At the conclusion of its review of the Andrews PUD Ordinance, the Plan Commission voted
unanimously to forward the zoning request to the City Council with a Favorable Recommendation for
adoption (See Plan Commission Certification included on final page behind Tab 1). To this end, the
Andrews PUD is included behind Tab 7 of this informational brochure. Below is a description of the request
and the following page includes a summary of enhancements and modifications to the plan for the Real
Estate.
The applicant, Schafer Development LLC, (“Schafer”), is requesting rezone approval for a planned
unit development in order to develop an empty-nester, active-adult for-sale residential community (the
“Request”). The subject site includes approximately 14.3 acres and is located south of and adjacent to 146th
Street, west of Gray Road and east of and adjacent to the Salsbery Brothers landscape company (the “Real
Estate”). The Real Estate is currently zoned R-1 Residential and the request seeks approval of the Andrews
Planned Unit Development District (the “Andrews PUD”). The Real Estate is shown on the site location
exhibit behind Tab 2.
The Concept Plan is included behind Tab 3 and it illustrates the revision to thirty (30) single-family
detached homes (revised from approximately sixty (60) paired duplex homes and townhomes). Proposed
community amenities include a dog park area and community gardens to be located adjacent to 146th Street.
In addition, a pond overlook has been added as shown on the Concept Plan. Tab 4 illustrates the detailed
open space design for the community.
Pulte Homes anticipates building its “Inspiration Series Homes” which offer an abundance of included
features and new, spacious layouts, enormous gathering rooms and significant storage and flex spaces. The
homes will be between 2,200 – 2,750+ square feet of living area (excluding square footage in basements and
garages), standard 3rd car garages, and optional lofts/extended covered patios. Anticipated average sales
prices will be in the $700k - $750k range.
Behind Tab 5 are renderings and photos of the proposed front and similar side and rear elevations of
homes. Primary building materials will include masonry and fiber cement board (hardi-plank) with window
treatment requirements and masonry wainscot on all elevations. The Andrews PUD includes specific
architectural design requirements to ensure that the home designs are attractive and varied. The standards of
the PUD require enhancements not shown on the photos as homes will need to be designed to meet the
enhanced standards included in text of the PUD. Compliance will be reviewed with DOCS Staff prior to the
issuance of building permits.
Behind Tab 6 is an Amenity Character exhibit which includes character imagery of the amenities for
the community which shall consist of a Dog Park area and Community Garden area. Behind Tab 8 is the
updated draft of the Andrews PUD as recommended by the Plan Commission.
The request is comprehensively detailed in this brochure and we look forward to presenting this
matter to the City Council on February 19, 2024.
Respectfully submitted,
________________ _________________
Jon Dobosiewicz Jim Shinaver
Summary of primary modifications and enhancements:
The primary changes to the PUD Ordinance (after the modification to permit only single-family detached
homes) include but are not limited to the following:
1. A stub street was added to the east. Per discussions with Staff, we have reduced the side yard
setbacks on the corner lots created by this stub street to 12 feet on the street side. This resulted in a
further reduction of one (1) lot down to a total of thirty (30) lots.
2. A speed bump at the connection with the Gray Oaks subdivision at Gray Oaks Court was added.
3. Added in-laws quarters as a permitted use per Staff Report.
4. Added masonry wainscot requirements for all side and rear elevations and requiring the same
masonry as on the front elevation for all sides.
5. Added a requirement that all homes in the subdivision incorporate either (1) a front porch that
extends forward of the 2-car garage bay by a minimum of six (6) feet or a front porch which is a
minimum of eighty (80) square feet. All porches will be a minimum of six (6) feet in depth and a
minimum of five (5) will provide a porch forward of the garage by 6’
6. Added a requirement for 3 different floorplans and that each floorplan have 4 different Elevations.
7. Updated the Open Space Plan (see Tab 4).
8. Enhanced buffer yard, landscaping and street tree planting standards as requested by staff and added
language Staff requested regarding “new, native shade trees”.
9. Added a requirement for a pond overlook in the PUD text and Concept Plan.
10. Required a water source for the community garden.
11. Establishing a variable front yard setback of 22-26 feet.
12. Increased the southern buffer along the southern perimeter to 30’ and greater building setbacks.
13. Added significant construction signage requirements and barricade (and a pictorial exhibit) and
requirements for advising/fining trade vendors.
14. Added a minimum square footage requirement for windows required by the PUD Ordinance.
CERTIFICATION
OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION TO THE CITY OF CARMEL
TO AMEND THE ZONING MAP
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE
Z-687-24
Conner Prairie - PUD Rezone
R-1/Residential to PUD/Planned Unit Development
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
CARMEL CITY CLERK
JAN 17 2024
TIME. P I mpt,
The Carmel Plan Commission offers you the following report on the application Docket
No. PZ-2023-00014 PUD - petitioning for rezone approval to allow a new neighborhood
consisting of 30 single-family dwellings. The site is located at 4411 E. 146th St. and is
zoned R1/Residence.
The Carmel Plan Commission's recommendation on the petition of the applicant is
Favorable."
At its scheduled meeting on January 16, 2024, the Carmel Plan Commission voted Six (6)
in Favor, Zero (0) Opposed, Two (2) Absent, One (1) Abstained to forward to the
Common Council the proposed Ordinance No. Z-687-24 with a "Favorable
Recommendation".
Please be advised that by virtue of the Plan Commission's Favorable Recommendation,
pursuant to IC 36-7-4-608(f), the Council has ninety (90) days to act on this petition
before it becomes effective as Certified by the Commission. Ninety days from the date of
the Certification is Tuesday, April 16, 2024.
CARMEL PLAN COMMISSION
BY:-
Brad Grabow, President
ATTEST:
Bric Butler, Secretary
Carmel Plan Commission
Dated: January 17, 2024
TAB 2
Andrews PUD
Site Location Map / Aerial Photograph
NORTH
SITE
US
3
1
Gr
a
y
R
o
a
d
146th Street
TAB 3
SITE LEGEND
SITE SUMMARY
146TH & GRAY DEVELOPMENTSITE EXHIBIT
CARMEL, IN NORTH0'80'40'
TAB 4
OPEN SPACE LEGEND
OPEN SPACE SUMMARY
146TH & GRAY OPEN SPACE EXHIBIT
CARMEL, IN NORTH0'80'40'
TAB 5
FRONT ELEVATIONS
4
FRONT ELEVATIONS
5
FRONT ELEVATIONS
6
FRONT ELEVATIONS
7
FRONT ELEVATIONS
8
FRONT ELEVATIONS
9
SIDE ELEVATIONS
10
SIDE ELEVATIONS
11
SIDE ELEVATIONS
12
REAR ELEVATIONS
13
REAR ELEVATIONS
14
REAR ELEVATIONS
15
REAR ELEVATIONS
16
TAB 6
COMMUNITY GARDEN AMENITY
2
DOG PARK AMENITY
3
TAB 7
Sponsors: Councilor Minnaar
CARMEL, INDIANA
Andrews PUD
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE Z-687-24
January 17, 2024
Version 22 011724
2
TABLE OF CONTENTS
Page
Section 1. Applicability of Ordinance .............................................................................................. 4
Section 2. Definitions and Rules of Construction .......................................................................... 4
Section 3. Accessory Buildings and Uses ....................................................................................... 6
Section 4. Development Standards .................................................................................................. 6
Section 5. Common Area Requirements ......................................................................................8
Section 6. Landscaping Requirements ..........................................................................................9
Section 7. Signage Requirements ...............................................................................................14
Section 8. Additional Requirements and Standards ...................................................................... 14
Section 9. Procedural Provisions ...............................................................................................15
Section 10. Violations and Enforcement .....................................................................................16
Section 11. Exhibits .....................................................................................................................16
Exhibit A Legal Description
Exhibit B Concept Plan
Exhibit C Architectural Character Imagery
Exhibit D Architectural Standards
Exhibit E Amenity Character Imagery
Exhibit F Signage and Barricade Exhibit
Note: All of the above Exhibits (A-F) are attached to this Andrews Ordinance, are incorporated by reference into
this Andrews Ordinance and are part of this Andrews Ordinance.
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Sponsors: Councilor Minnaar
ORDINANCE Z-687-23
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING THE ANDREWS PLANNED UNIT DEVELOPMENT DISTRICT
Synopsis:
Ordinance Establishes the Andrews Planned Unit Development District Ordinance (the
“Andrews PUD”). The Ordinance would rezone the real estate from R-1 Residential to a
Planned Unit Development district allowing the future development of a residential
neighborhood laid out in the style and character as depicted on the attached Concept Plan which
includes single-family homes.
WHEREAS, Articles 4.02 and 9.05 of the Carmel Unified Development Ordinance,
Ordinance Z-625-17, as amended (the “UDO”), provides for the establishment of a Planned Unit
Development District in accordance with the requirements of I.C. § 36-7-4-1500 et seq. (the
“PUD Statute”); and
WHEREAS, Schafer Development, LLC a Michigan limited liability company
(“Schafer”), submitted an application to the Carmel Plan Commission (the “Plan Commission”)
to adopt a PUD District Ordinance for certain real estate in the City of Carmel, Hamilton County,
Indiana, as legally described in Exhibit A attached hereto (the “Real Estate”); and
WHEREAS, the Schafer application is consistent with the provisions of the UDO and
PUD Statute; and
WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and
UDO, the Plan Commission conducted a public hearing on May 16, 2023, concerning the
Schafer application for a PUD District Ordinance, which application was docketed as PZ-2023-
00014 PUD, and
WHEREAS, the Plan Commission, at its hearing on January 16, 2024, has given a
Favorable Recommendation to this Andrews PUD (the “Andrews Ordinance”), which
establishes the Andrews Planned Unit Development District (the “Andrews District”).
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., the Council adopts
this Andrews Ordinance, as an amendment to the Zone Map; (ii) all prior ordinances or parts
thereof inconsistent with any provision of this Andrews Ordinance and its exhibits are hereby
made inapplicable to the use and development of the Real Estate; (iii) all prior commitments and
restrictions applicable to the Real Estate shall be null and void and replaced and superseded by
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this Andrews Ordinance; and, (iv) this Andrews Ordinance shall be in full force and effect from
and after its passage and signing.
Section 1. Applicability of Ordinance.
Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a Planned
Unit Development District to be known as the Andrews District.
Section 1.2 Development in the Andrews District shall be governed entirely by (i) the
provisions of this Andrews Ordinance and its exhibits, and (ii) those provisions of the
UDO specifically referenced in this Andrews Ordinance. Where this Andrews Ordinance
is silent, the applicable standards of the UDO shall apply.
Section 1.3 The underlying zoning for the Andrews District shall be the R2 residential
zoning designation (the “R2 District”) set forth in the UDO. Except as modified, revised,
supplemented or made inapplicable by this Andrews Ordinance, the standards of the
UDO applicable to the R2 District shall apply to the Andrews District.
Section 2. Definitions and Rules of Construction.
Section 2.1 General Rules of Construction. The following general rules of
construction and definitions shall apply to the Andrews 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” indicates a mandatory requirement. The word “may”
indicates a permissive requirement.
Section 2.2 Definitions. The definitions (i) of the capitalized terms set forth below in
this Section 2.2, as they appear throughout this Andrews Ordinance, shall have the
meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms
included in this Andrews Ordinance and not defined below in this Section 2.2, shall be
the same as set forth in the UDO.
Accessory Use: A use subordinate to the main use, located on the real estate or in
the same Dwelling as the main use, and incidental to the main use.
Architectural Character Imagery: These comprise the elevations and perspectives,
attached hereto as Exhibit C (Architectural Character Imagery), and illustrate the
application of the Development Requirements and Architectural standards. The
Architectural Character Imagery shall be the basis for the development of final
building designs provided all applicable Development Requirements are met.
However, Architectural Character Imagery is general and not intended to
delineate the only final Dwelling designs to be built.
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Architectural Standards: The Architectural Standards incorporated herein under
Exhibit D (Architectural Standards).
Common Area(s): Common Areas (open space) shall comprise a parcel or parcels
of land, areas of water, or a combination of land and water located within the Real
Estate and designed by the Controlling Developer. Common Areas do not include
any area which is divided into individual Dwelling lots or streets. Common Areas
shall be in the areas generally identified on the Concept Plan.
Concept Plan: The general plan for the development of the Real Estate, including
but not limited to lots, streets and common areas attached hereto as Exhibit B
(Concept Plan).
Controlling Developer: Shall mean Schafer Development, LLC a Michigan
limited liability company or the owner of the Real Estate at the time of adoption
of the Andrews Ordinance, until such time as Schafer Development LLC a
Michigan limited liability company or the owner transfers or assigns, in writing,
its rights as Controlling Developer such as to a builder or an Owners Association.
Development Requirements: Written development standards and any written
requirements specified in this Andrews Ordinance, which must be satisfied in
connection with Plat Approval and Building Permits.
Elevation: A scaled, flat representation of one side of a building or structure that
provides a comprehensive view of the exterior façade, highlighting key
architectural features such as doors, windows, materials, ornamentation, rooflines
and proportions. Changes in materials and/or window placement alone do not
constitute “differences” in the elevation. To be considered a different elevation,
any single change including but not limited to a change in roof line (number,
style, or design of gables), inclusion of dormers (zero vs. one or more), porch
design, or porch placement shall qualify as a change.
In-laws Quarters: Living spaces equipped with bedroom, bathroom,
kitchen/kitchenette, and a separate entrance from the primary residence, whether
attached or detached from the primary structure.
Plan Commission: The City of Carmel Plan Commission.
Plat Approval: A primary plat (“Plat”) approved by the Plan Commission
pursuant to the procedures for Plat Approval of the UDO.
Primary/Main Roof: The highest roof plane on the front elevation.
Real Estate: The Real Estate legally described in Exhibit A (Legal Description).
Sign: Any type of sign as further defined and regulated by this Andrews
Ordinance and the UDO.
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Unified Development Ordinance (or “UDO”): The Unified Development
Ordinance, Ordinance Z-625-17, of the City of Carmel, Hamilton County,
Indiana, as amended.
Zone Map: The City’s official Zone Map corresponding to the UDO.
Section 3. Accessory Buildings and Uses. All Accessory Structures and Accessory Uses
allowed under the R1 Residential District of the Zoning Ordinance shall be permitted in the
Andrews District; unless prohibited in the Declaration(s) of Covenants; provided, however, that
any detached Accessory Structure shall have on all sides the same level of architectural features
and shall be architecturally compatible with the principal building with which it is associated.
Accessory Structures and Accessory Uses shall be permitted subject to the provisions of the
UDO.
Section 4. Development Standards.
Section 4.1 Permitted Uses:
A. Single-Family Dwelling.
B. Model Home(s) as a Temporary Use.
C. In-laws Quarters.
D. Common Areas.
E. Amenities (public or private dog park, community garden plots, etc.).
F. Maximum Dwellings: There shall be no more than thirty (30) Dwellings
permitted within the Real Estate.
Section 4.2 Bulk Requirements:
A. Minimum Lot Area: Eight Thousand Seven Hundred and Fifty (8,750)
square feet. Applicable to all lots including Corner Lots.
B. Minimum Lot Width at Building Line: Seventy (70) feet.
C. Minimum Lot Width at Right of Way: Fifty (50) feet.
D. Minimum Front Yard Setback: Variable, Twenty-two (22) feet to
Twenty-Six (26) feet, with minimum two (2) foot offset on adjacent Lots.
Notwithstanding anything in this Andrews Ordinance or the UDO to the
contrary, the front yard setbacks on the corner lots abutting the stub street
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to the east shall be twelve (12) feet on the front yard abutting the stub
street.
E. Minimum Side Yard Setback: Seven and one-half (7.5) feet.
F. Minimum Rear Yard Setback: Twenty (20) feet; provided, however, the
setback of dwellings, on the Lots indicated with a blue dot on Exhibit B,
shall be fifty (50) feet, as measured from the south property line of the
Real Estate.
G. Maximum Lot Coverage: Sixty percent (60%).
H. Maximum Building Height: Thirty-five (35) feet.
I. Minimum Living Area: (exclusive of garage, porches, stoops and patios):
Two-thousand and two hundred (2,200) square feet.
Section 4.3 Architectural Standards:
A. Architectural Character Imagery: The applicable Architectural Character
Imagery, indicating the intended architecture and appearance of Dwellings
are contained within Exhibit C.
B. Dwelling Architecture: Applicable architectural requirements and
standards are contained in Exhibit D (Architectural Standards) of this
Andrews Ordinance.
Section 4.4 Lot Lighting: All Dwellings shall have either (i) a minimum of two (2) light
fixtures flanking the garage door or (ii) a minimum of two (2) goose neck lights above
the garage door, equipped with a photocell so the light is on from dusk to dawn and (iii)
lights at the front door of the dwelling (can be either wall-mounted or can lights above);
provided, however, that on Dwellings with third-car garage, only two (2) lights overall
shall be required with at least one (1) light flanking the main two-car garage and another
one (1) light flanking the third-car garage or one (1) goose neck light above the main
two-car garage and another one (1) goose neck light above the third car garage).
Section 4.5 Street Lighting: Street lighting (lighting in the street right-of-way) shall be
provided per the UDO.
Section 4.6 Parking:
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A. Four (4) spaces are required per Dwelling. Parking Spaces within
driveways and/or garages shall count toward required parking on each lot.
B. Driveways designed to permit parking shall be a minimum of twenty-two
(22) feet in length as measured from the street. Vehicles shall not be
parked in a location that encroaches onto a sidewalk.
C. Driveways shall be concrete.
D. Periodic short-term parking for bicycles shall be provided in two (2) or
more locations to access Common Area amenities. Parking to
accommodate a total of four (4) bikes shall be provided and shall meet the
design requirements as written in Section 5.29 of the UDO.
Section 5. Common Area Requirements. Common Area shall be in the areas generally
identified on the Concept Plan.
Section 5.1 Open Space Standards. The development shall contain a minimum of two
(2) acres of Open Space within the project site as depicted on the Concept Plan. In total,
twenty-five (25) percent of the Real Estate shall be Open Space.
A. Open Space shall be provided in areas as generally depicted on Concept
Plan provided as Exhibit B including tree preservation areas, open space
area, buffer yard area and transmission line easement area.
B. The transmission line easement area shall be left in the natural condition
which exists today subject to any maintenance requirements included in
the easement. The Open Space calculation shall include seventy-five (75)
percent of the transmission line easement area outside of the right-of-way.
C. The Open Space Calculation shall include one-hundred (100) percent of
Common Area 2 (southwest corner) and Common Area 4 (central island).
Section 5.2 Amenities: A Dog Park and Community Garden shall be required within
the two open space areas adjacent to 146th Street. The character of the amenities is
generally illustrated on Exhibit E and detailed below:
A. The Dog Park shall be a minimum of 1/3 acre enclosed by a black
ornamental metal fence a maximum of five (5) feet in height, including
doggy waste stations, seating/benches, and a trash can.
B. The Community Garden shall be a minimum of twenty (20) raised
planting beds (approximately three (3) feet by five (5) feet in area) and
include a compost box and a water source.
C. A pond overlook area as generally depicted in Exhibit E shall be
incorporated in common area adjacent to the pond.
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Section 6. Landscaping Requirements. Landscaping shall comply with the following
standards:
Section 6.1 Landscape Plan. Landscaping shall be integrated, where appropriate, with
other functional and ornamental site design elements (e.g. hardscape materials, entryway
documentation, paths, sidewalks, natural areas, fencing or water features). A detailed
landscape plan showing the size, location and variety of all plantings within the project
site shall be submitted and approved. Landscaping shall substantially comply with the
following general standards:
A. The Landscape Plan shall be submitted electronically (portable document
format (PDF) or equivalent).
B. The Landscape Plan shall exhibit a design that is integral and coordinated
with other corresponding improvements for the site and which clearly
demonstrates the function, location, size, and scale of plants in relation to
buildings and other site improvements, and to minimize conflicts with
commercial signage. (See City of Carmel’s Sign Ordinance Visual Guide
– Available from the Department of Community Services.
C. The Landscape Plan shall be drawn to scale, including dimensions and
distances, and drawn to correspond with all existing and planned buildings
and other physical improvements, including overhead and underground
utilities.
D. The Landscape Plan shall identify locations of all current and proposed
utilities and service areas, including: ground level mechanical equipment,
HVAC compressors, telecommunication equipment, electrical
transformers, utility meters, public approaches and any adjoining
residential zones.
E. The Landscape Plan shall include graphic planting details for trees,
shrubbery, and ground cover/ornamental grass. (See City of Carmel’s
Graphic Planting Details – Available from the Department of Community
Services).
F. The Landscape Plan shall include a schedule of plants: including a symbol
key, botanical name, common name and shall delineate the size, container
type, description and quantity of all plant material.
G. The Landscape Plan shall identify locations of new plant material with
keyed symbols.
H. The Landscape Plan shall identify existing vegetation to remain by
botanical name and size.
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Section 6.2. General Landscaping Standards. Landscaping shall be integrated with,
and complement other functional and ornamental site design elements, such as hardscape
materials, paths, sidewalks, and fencing.
A. All trees, shrubs and ground covers shall be planted according to
American Standard for Nursery Stock (ANSI Z60.1) and following the
standards and best management practices (BMPs) published by the City’s
Urban Forestry Program. Landscaping materials shall be appropriate for
local growing and climatic conditions. Plant suitability, maintenance and
compatibility with site construction features shall be addressed. The
City’s planting details shall be required on the landscape plan. All trees
shall be selected from the City’s recommended tree list published by the
City’s Urban Forestry Program or otherwise approved by the Urban
Forester.
B. Shade trees shall be at least 2.5 inches in caliper when planted.
Ornamental trees shall be at least 1.5 inches in caliper when planted.
Evergreen trees shall be 6 feet in height when planted. Shrubs shall be at
least 18 inches in height when planted. Ornamental grasses must obtain a
mature height of at least 3 feet.
C. All landscaping approved as part of a Primary Plat shall be installed prior
to issuance of the first Certificate of Occupancy for a dwelling in the area
of the Real Estate subject to a Secondary Plat; provided, however, that
when because of weather conditions, it is not possible to install the
approved landscaping before the issuance of a Certificate of Occupancy,
the Controlling Developer shall request a temporary Certificate Of
Occupancy which shall be conditioned upon a determined time to
complete the installation of the uninstalled landscape material.
D. All landscaping is subject to Plat Approval. No landscaping which has
been approved by the Urban Forester with the Primary Plat may later be
substantially altered, eliminated, or sacrificed without first obtaining
further approval from the Urban Forester in order to conform to specific
site conditions.
E. It shall be the responsibility of the owner(s), with respect to any portion of
the Real Estate owned by such owner(s) and on which any landscaped area
exists per the requirements of this Andrews Ordinance, to ensure proper
maintenance of landscaping in accordance with the Andrews Ordinance.
This maintenance is to include, but is not limited to (i) mowing, tree
trimming, planting, maintenance contracting and mulching of planting
areas, (ii) replacing dead or diseased plantings with identical varieties or a
suitable substitute, and (iii) keeping the area free of refuse, debris, rank
vegetation and weeds.
Section 6.3. Areas to be landscaped.
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A. Street Trees.
1. Large growing shade trees shall be planted within public street
right-of-way, parallel to each street, in planting strips. Further,
street trees shall be planted at a spacing of a maximum of fifty (50)
feet and minimum of twenty-five (25) feet.
2. Street Trees shall be a minimum of ten (10) feet from a driveway.
In the event the tree cannot be viably planted, the tree may be
relocated elsewhere on the adjacent lot or common area.
3. Per City standards, no street trees shall be planted in conflict with
drainage or utility easements or structures and underground
detention (unless so designed for that purpose), or within traffic
vision safety clearances. However, where the logical location of
proposed utilities would compromise the desired effect, the
Controlling Developer may solicit the aid of the City’s Urban
Forester in mediating an alternative.
B. Foundation and Lot Planting Standards. The following planting
requirements apply to all Dwellings:
1. Lots shall have a minimum of one (1) shade tree in each Front
Yard. In the event the tree cannot be viably planted, the tree shall
be relocated elsewhere on the lot.
2. Lots shall have a minimum of eight (8) shrubs and/or ornamental
grasses along each Dwelling foundation facing the street.
C. Common Areas:
1. For all sidewalks, the equivalent of at least one (1) deciduous tree
will be provided for every fifty (50) lineal feet of walk included as
street trees.
2. In addition to street trees a minimum of ten (10) new native shade
trees per acre shall be provided in all common areas except that
Common Area 2 (southwest corner) shall be planted as prairie
grasses and three (3) Burr Oak trees.
D. Native Vegetation Areas: Native vegetation shall be provided along the
perimeter of the pond. Areas designated for native vegetation, to comply
with Stormwater Management Requirements, must be protected from
regular mowing and shall be maintained in accordance with the project’s
Stormwater Operation and Maintenance Manual.
E. Perimeter Buffer yards and Landscaping:
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1. Eastern perimeter: There shall be a minimum ten (10) foot buffer
yard that contains a minimum of five (5) shade or evergreen trees
and one (1) ornamental tree per one-hundred (100) lineal feet. Any
native trees that are preserved will count toward the minimum
number of trees required if they are over 4-inch dbh. The buffer
shall be permitted to overlap drainage easements.
2. Western perimeter: There shall be a minimum fifteen (15) foot
buffer yard from the western property lines that contains a
minimum of five (5) shade or evergreen trees and one (1)
ornamental tree per 100 lineal feet. Any native trees that are
preserved will count toward the minimum number of trees required
if they are over 4-inch dbh. Landscaping commitments made by
the adjacent landowner (recorded as commitments under Hamilton
County Recorder instrument #2020036736) shall be satisfied and
all trees shall count toward the tree planting requirements. These
plantings shall be included on the Landscaping Plan submitted
with the Primary Plat. The buffer shall be permitted to overlap
drainage easements.
3. Northern (146th Street) perimeter: There shall be a minimum fifty
(50) foot planting area along 146th Street. This area shall be
planted with six (6) shade trees, one (1) ornamental tree and fifteen
(15) shrubs per one-hundred (100) linear feet. A fence for the dog
park and community garden along with raised planting beds shall
be permitted within the planting area provided a twenty-five (25)
setback from 146th Street is provided.
4. Southern perimeter: There shall be a minimum thirty (30) foot
buffer yard from the southern property line made up of a tree
preservation area. When grading and drives allow, this buffer will
be widened to the extent possible.
5. Drainage infrastructure and swales/grading shall be permitted
within the buffer yards. Drainage Easements are permitted to
overlap.
6. The power transmission line easement that crosses the Real Estate
may restrict plantings. In this event only planting permitted in the
easement area shall be required.
Section 6.4 Tree Preservation. Tree Preservation as illustrated on the Open Space Plan
shall be required as generally illustrated on the Concept Plan. Tree
Preservation areas shall be regulated and maintained in accordance with the
Tree Preservation Area standards described below:
A. Best management practices for a tree preservation area:
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1. Trees to be preserved shall be those approved by the Urban
Forester.
2. Removal of exotic and invasive species, e.g., bush honeysuckle.
(See the Indiana Exotic and Invasive Plant List provided by the
City of Carmel. If you are not able to identify exotic and invasive
species, seek professional assistance. Application of herbicide
should be completed with professional oversight.)
3. Removal of dead, hazardous and at-risk trees.
4. Removal of vines growing on and up a tree.
5. Removal of an overabundance of fallen and cut trees.
6. Planting of native trees. (See the Indiana Native Tree List provided
by the City of Carmel.)
7. Direct discharge of surface drainage of stormwater from the rear
half of any lot that is adjacent to a tree preservation area.
8. Establishment of access easements, unpaved trails, utility and
drainage improvements. This provision is intended to permit the
crossing of the tree preservation area and not one easement to fully
occupy the area.
9. Complete maintenance activities by following industry standard
using the current American National Safety Institute (ANSI) Z-133
and A-300 approved practices and methods.
10. Existing vegetation and earth shall be allowed to be removed for
the purposes of constructing and maintaining paths (including
pavement) through common areas, provided that (i) all attempts be
made to avoid routes that would ultimately damage healthy
hardwood tree species with a dbh greater than twelve inches, (ii)
that the width of the clearing path not exceed ten feet.
11. Grass seeding (native or otherwise) and subsequent maintenance
through mowing shall be allowed within the easement in areas
currently devoid of trees and shrubs, areas (e.g. legal drains)
required to be cleared by governing agencies, and/or areas that will
be cleared for path construction, provided that such
seeding/mowing along constructed paths be restricted to a
maximum width of three feet along either side of the path.
B. Unacceptable activities for a tree preservation area:
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1. Removal of native vegetation except as necessary for constructing
and maintaining paths.
2. Mowing and clearing any portion of a tree preservation area.
3. Dumping of leaves and debris from outside locations into a tree
preservation area.
4. The construction of pools, sheds, garages, fences, playground
equipment, tree houses, fire pits and other permanent or semi-
permanent structures unless approved by the City of Carmel.
5. Recreational activities that adversely impact the health, structure
and integrity of a tree preservation area, including, playground
equipment, basketball or tennis courts and pools.
C. The following shall be required for all Tree Preservation Areas:
1. Permanent signs identifying the Tree Preservation Area shall be
posted every five hundred (500) feet around the perimeter of all
Tree Preservation Areas.
2. Barriers shall be utilized during site development and earth moving
activities, which shall be specified on landscape plans. Such
barriers shall remain in place during the site's construction activity.
Section 7. Signage Requirements. All signage on the Real Estate shall comply with Chapter
5.39 – Sign Standards of the UDO. See Section 8.5 for standards regulating “No
Construction Traffic” signage.
Section 8. Additional Requirements and Standards.
Section 8.1. Home Occupations. Home Occupations shall meet the requirements of the
UDO as amended.
Section 8.2. Rights-of-way standards.
A. The required right-of-way for 146th Street shall be the existing right of
way.
B. Internal streets shall be public and include a 56-foot right of way width.
C. To the extent acceptable to, and permitted by, the Engineering Department
of the City of Carmel, the developer shall install a speed bump at the
neighborhood connection with the Gray Oaks subdivision at Gray Oaks
Court.
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D. Required stub streets shall be provided as illustrated on the Concept Plan.
Section 8.3. Sidewalks and Pedestrian Amenities.
A. A five (5) foot wide sidewalk shall be required along both sides of all
internal streets.
B. A community area including pedestrian amenities and landscaping shall be
provided, an example of which is generally illustrated on Exhibit E
(Amenity Character Imagery). All benches shall be constructed of metal.
Section 8.4. Road Improvement Requirements. Development of the Real Estate shall
meet all applicable Thoroughfare Plan related improvement requirements as identified in
and required under the UDO unless otherwise provided for in this Andrews Ordinance for
only the street connection to 146th Street.
Section 8.5. Construction Traffic. The following standards shall apply:
A. Developer shall post signage on both 146th Street and Gray Road
indicating that construction traffic should enter from the subdivision
entrance on 146th Street.
B. Developer shall also post signage at the neighborhood connection with the
Gray Oaks subdivision at Gray Oaks Court to the effect that “NO
CONSTRUCTION TRAFFIC” is permitted in that location. The sign
shall be substantially in compliance with the form attached as Exhibit F.
C. During the period of land development activities on the Property,
Developer shall also post barricades at the neighborhood connection with
the Gray Oaks subdivision at Gray Oaks Court; provided, however, that
the removal of such barricades shall be permitted when framing activities
begin on any Single-Family Dwelling to allow for emergency access. The
barricade(s) shall be substantially in compliance with the form attached as
Exhibit F.
D. All “NO CONSTRUCTION TRAFFIC” and related signage shall
nevertheless remain posted until certificates of occupancy have been
issued for at least 23 Dwellings in the subdivision.
E. In addition, Developer shall notify all of its trade vendors in writing that
no construction traffic is permitted to enter the subdivision through the
neighborhood connection with the Gray Oaks subdivision at Gray Oaks
Court and shall put in place a system for fining trade vendors who violate
this restriction.
Section 9. Procedural Provisions.
Section 9.1. Primary Plat.
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A. Primary Plat approval shall be required prior to the issuance of an
Improvement Location Permit to determine if the Primary Plat satisfies the
Development Requirements specified within only this Andrews
Ordinance.
B. The Real Estate shall be developed in substantial compliance with the
Concept Plan hereby incorporated and attached as Exhibit B subject to
Primary Plat approval by the Plan Commission. Substantial
compliance shall be regulated in the same manner as the “substantially
or materially altered” provisions of the UDO.
C. If there is a Substantial Alteration in any approved Primary Plat, review
and approval of the amended plans shall be made by the Plan
Commission, or a Committee thereof, pursuant to the Plan Commission’s
rules of procedure. Minor Alterations shall be approved by the Director.
Section 9.2. Secondary Plat Approval. The Director shall have sole and exclusive
authority to approve, with or without conditions, or to disapprove any Secondary Plat;
provided, however, that the Director shall not unreasonably withhold or delay the
Director's approval of a Secondary Plat that is in substantial conformance with the
Primary Plat and is in conformance with the Development Requirements of this Andrews
Ordinance. If the Director disapproves any Secondary Plat, the Director shall set forth in
writing the basis for the disapproval and schedule the request for hearing before the Plan
Commission.
Section 9.3 Modification of Development Requirements (Zoning Waiver). The Plan
Commission may, after a public hearing, grant an applicant a Zoning Waiver subject to
the requirements of the UDO. A wavier of the provisions of this Andrews Ordinance
may be granted up to a maximum of thirty-five (35) percent of the specified standard.
Section 9.5. Variance of Development Requirements. The BZA may authorize
Variances from the terms of the Andrews Ordinance, subject to the procedures prescribed
in the UDO.
Section 10. Violations and Enforcement. All violations and enforcement of this Andrews
Ordinance shall be subject to the requirements of the UDO.
Section 11. Exhibits. All of the Exhibits (A-E) on the following pages are attached to this
Andrews Ordinance, are incorporated by reference into this Andrews Ordinance and are part of
this Andrews Ordinance.
The remainder of this page is left blank intentionally.
Exhibit “A” – Page 1 of 3
Exhibit “A”
(Legal Description)
Parcel I: (Tax ld. No.: 11-10-20-00-00-010.000/29-10-20-000-010.000-018)
A part of the West Half of the East Half of the Northeast Quarter of Section 20, Township 18 North
Range 4 East, Clay Township, Hamilton County, Indiana, being described as follows: Commencing at
the railroad spike at the Northeast corner of the Northeast Quarter of Section 20, Township 18 North,
Range 4 East; thence North 89 degrees 22 minutes 12 seconds West (assumed bearing) 913.90 feet on and
along the North line of said Northeast Quarter; thence South 00 degrees 10 minutes 50 seconds East 66.61
feet parallel with the West line of the East Half of said Northeast Quarter to a 5/8" iron rod yellow cap
stamped Miller Surveying on the South right-of-way line of 146th Street, said 5/8" iron rod with yellow
cap stamped Miller Surveying also being the point of beginning of the tract of real estate herein
described; thence South 00 degrees 10 minutes 50 seconds East 941.21 feet, more or less parallel with the
West line of the East Half of said Northeast Quarter to a 5/8 iron rod with yellow cap stamped Miller
Surveying on the North line of25 acres off the South end of West Half of the East Half of said Northeast
Quarter; thence South 89 degrees 21 minutes 10 seconds East 312.72 feet on and along the North line of
said 25 acre tract to a 5/8" iron rod with yellow cap stamped Miller Surveying on the East line of the West
Half of the East Half of said Northeast Quarter; thence North 00 degrees 13 minutes 24 seconds West
941.31 feet, more or less on and along the East line of the West Half of the East Half of said Northeast
Quarter to a 5/8" iron rod with yellow cap stamped Miller Surveying on the South right-of-way line of
146th Street; thence North 89 degrees 22 minutes 12 seconds West 312.02 feet to the Point of Beginning.
Containing 6.149 acres, more or less.
Parcel II: (Tax Id. No.: 17-10-20-00-00-010.001/29-10-20-000-010.001-018)
Part of the Northeast Quarter of Section 20, Township 18 North, Range 4 East, in Hamilton County,
Indiana, described as follows: Beginning on the North line of the Northeast Quarter of Section 20,
Township 18 North, Range 4 East 913.90 feet North 89 degrees 59 minutes 54 seconds West (assumed
bearing) from the Northeast corner thereof; thence North 89 degrees 59 minutes 54 seconds West on said
North line 350.00 feet to the West line of the East Half of said Northeast Quarter; thence South 00
degrees 49 minutes 00 seconds East on said West line 990.00 feet; thence South 89 degrees 59 minutes 54
seconds East parallel with said North line 350.00 feet; thence North 00 degrees 49 minutes 00 seconds
West parallel with said West line 990.00 feet to the place of beginning, containing 7.95 acres, more or
less.
EXCEPTING THEREFROM: A part of the East Half of the Northeast Quarter of Section 20, Township
18 North, Range 4 East, Hamilton County, Indiana, described as follows: Beginning at the Northwest
corner of said Half Quarter Section; thence South 89 degrees 22 minutes 12 seconds West 106.68 meters
(350.00 feet) along the North line of said Half Quarter Section to the Northeast corner of the owners' land;
thence South 0 degrees 15 minutes 49 seconds East 19.00 meters (62.34 feet) along the East line of the
owners' land to Point "601" designated on said plat; thence parallel with the North line of said Half
Quarter Section North 89 degrees 22 minutes 12 seconds West 106.68 meters (350.00) feet to the West
line of the owners' land and Point "600" designated on said plat; thence North 0 degrees 15 minutes 49
seconds West 19.00 meters (62.34 feet) along said West line to the point of beginning and containing
0.2027 hectares (0.500 acres, more or less.
Exhibit “A” – Page 2 of 3
Parcel III: (Tax Id. No.: 17-10-20-00-00-010.002/29-10-20-000-010.002-018)
Part of the East Half of the Northeast Quarter of Section 20, Township 18 North, Range 4 East 990.0 feet
South 00 degrees 49 minutes 00 seconds East (assumed bearing) from the Northwest corner of said East
Half; thence South 89 degrees 59 minutes 54 seconds East parallel with the North line of said East Half
350.00 feet; thence South 00 degrees 49 minutes 00 seconds East parallel with said West line 16.54 feet to
the North line of25 acres off the entire South end of the West Half of the East Half of said Northeast
Quarter; thence North 89 degrees 58 minutes 09 seconds West on said North line parallel with the South
line of said Northeast Quarter 350.00 feet to the West line of said East Half; thence North 00 degrees 49
minutes 00 seconds West on said West line 16.37 feet to the place of beginning, containing 0.13 acres,
more or less.
Exhibit “A” – Page 3 of 3
Exhibit “A”
(Legal Description)
Exhibit “B” Page 1 of 1
Exhibit “B”
(Concept Plan)
Exhibit “C” Page 1 of 3
Exhibit “C”
(Architectural Character Imagery)
Exhibit “C” – Page 2 of 3
Exhibit “C”
(Architectural Character Imagery – Standard Side Elevations)
Standard Side Elevation (masonry wainscot):
Exhibit “C” – Page 3 of 3
Exhibit “C”
(Architectural Character Imagery – Standard & Enhanced Rear Elevations)
Standard Rear Elevation:
Enhanced Rear Elevation:
Exhibit “D” Page 1 of 5
Exhibit “D”
(Architectural Standards)
The standards set forth below in this Exhibit D Architectural Standards apply to all Dwellings
on the Real Estate.
Section 1. Character Imagery: Applicable Architectural Character Imagery indicating the
architecture and appearance of Single-family Dwellings are included in Exhibit
C. All Single-family Dwellings on the Real Estate shall be developed in
substantial compliance with the associated Architectural Character Imagery.
This Substantial Compliance provision shall not limit the Developer from
introducing elevations not included in Exhibit C provided the elevations are
in compliance with all applicable Architectural Standards of this Exhibit D.
Section 2. Dwelling Design:
A. Permitted Building Materials.
1. Acceptable exterior siding materials shall include brick, stone, cast
stone, limestone, fiber cement, wood, and engineered wood.
2. EIFS, Vinyl and aluminum siding shall be prohibited. Vinyl
shutters, aluminum facia, aluminum soffits, aluminum
downspouts/gutters shall be permitted.
3. Visible roofs shall be asphalt shingle roofing. Porch roofs and other
architectural accent areas can be asphalt shingles or prefinished
standing seam metal roofing.
4. Porches and stoops on fronts of buildings shall be concrete. All
handrails at exterior steps shall be metal.
5. Exterior doors, including overhead doors, shall be fiberglass, vinyl,
or painted metal in either smooth or paintbrush texture finish.
6. Rainwater management shall be in prefinished metal scuppers and
gutters with prefinished metal downspouts.
B. Garages:
1. All Dwellings shall have a minimum two (2) car attached garage.
All three (3) car garages shall be offset by a minimum of two (2)
feet.
Exhibit “D” – Page 2 of 5
2. Garage doors shall include windows and may include hardware.
Garage door colors shall match or compliment either the siding or
trim color of the Dwelling.
3. All garage doors shall have trim of not less than four-inch (4”)
nominal width.
C. Porches:
1. All homes shall incorporate one (1) of the following: (i) a front
porch that extends forward of the 2-car garage bay by a minimum of
six (6) feet or (ii) a front porch which is a minimum of eighty (80)
square feet in area.
2. There shall be a minimum of five (5) homes including a porch that
extends forward of the 2-car garage by a minimum of six (6) feet.
3. Porches on all homes shall be a minimum of six (6) feet in depth.
Columns shall be permitted within the six (6) foot area.
D. Front Building Façade: At a minimum, each Dwelling shall utilize the following
architectural elements on the Front Building Façade:
1. The exterior building materials shall consist of masonry material and
two (2) of the following materials: composite/engineered wood trim,
composite veneer panels, horizontal siding, shake siding, and board
and batten siding.
2. All buildings shall have a brick or stone wainscot on the front
building facade of the dwelling. The wainscot shall be a minimum
height of the lower of (i) 30” above grade or (ii) the bottom of the
windows of the home.
E. Side Building Façade: At a minimum, the side elevation for each Dwelling shall
utilize the following architectural elements:
1. The exterior building materials (composite/engineered wood trim,
composite veneer panels, horizontal siding, shake siding, and board
and batten siding) provided on front elevation of the Dwelling shall
be used on the side elevations as generally illustrated in Exhibit C.
2. All side building facades shall incorporate a masonry wainscot a
minimum height of the lower of (i) 30” above grade or (ii) the
bottom of the windows of the home. The masonry material on the
wainscot shall match the masonry material used on the front building
façade masonry wainscot.
Exhibit “D” – Page 3 of 5
3. All lots identified with black dots on Exhibit B which have a gable
end on the side building façade shall incorporate one (1) of the
following additional elements on the side building façade. A variety
of the following elements shall be used, and the incorporated
element(s) shall be consistent with the elements on the front building
façade:
i. A change in the exterior color separated by trim;
ii. A change in the exterior material pattern separated by trim;
iii. A change in the exterior material separated by trim;
iv. A minimum of ten (10) square foot gable window; or
v. A gable peak with a change in exterior material.
4. A minimum of two (2) windows shall apply to each exterior side
elevation. In the case of a finished second level / half level one (1)
additional window shall be required on the subject side elevation.
F. Rear Building Façade: At a minimum, the Rear Building Façade for each
Dwelling shall utilize the following architectural elements:
1. A minimum of three (3) windows and door shall apply to each rear
elevation of a Dwelling. The door is permitted to face a side
elevation or interior patio in which case it shall still count toward the
door on the rear building façade.
2. All rear building facades shall incorporate a masonry wainscot a
minimum height of the lower of (i) 30” above grade or (ii) the
bottom of the windows of the home. The masonry material on the
wainscot shall match the masonry material used on the front building
façade masonry wainscot.
G. Windows:
1. All windows which include shutters, where provided, shall be duly
functional with all necessary hardware or shall be provided with
adequate hardware to make them appear functional.
2. All windows shall have either (i) shutters with trim board sill and
cornice or (ii) a nominal four-inch (4”) trim board on all sides;
provided, however, that neither shutters nor wood trim shall be
required for windows that are set in masonry.
Exhibit “D” – Page 4 of 5
3. Windows shall be vinyl in manufacturer’s standard color (black or
white).
4. Windows intended to satisfy minimum requirements of this Andrews
Ordinance shall have a minimum area of eight (8) square feet. The
square footage of multiple windows grouped together may be
aggregated to satisfy this minimum area requirement.
H. Roof:
1. The minimum Primary/Main Roof pitch shall be 6:12. Other
secondary accent roof planes shall not be less than 4:12.
2. The roof design shall consist of at least one (1) of the following
features: hip roof, dormer, Dutch hip, jerkinhead, shed roof accent,
cornice returns, multiple gables, or two (2) or more roof planes.
3. The primary/main roof overhang or eaves shall be a minimum of
eleven (11) inches on all facades of each Building, as measured prior
to the installation of any masonry materials.
Section 3. Monotony Mitigation:
A. The development shall have a minimum of three (3) floor plans. Each floor plan
shall have a minimum number of four (4) Elevations.
B. Front Façade: The same front building Elevation shall not be constructed for two
(2) lots on each side of the subject lot on the same side of the street and for five
(5) lots across the street from the subject lot as illustrated in the below diagram.
C. Exterior Siding Color: No two side by side homes on contiguous lots or the lot
across the street from the subject lot shall have the same primary exterior color on
the primary structure of the home.
D. Exterior Masonry Color: No two side by side homes on contiguous lots shall have
the same masonry color.
Exhibit “D” – Page 5 of 5
E. Anti-Monotony Exemption: Lots that either a) do not front the same street with
front doors facing the same street, or b) lots that share the same street frontage
and are separated by a street/ROW or 50’ wide green/open space shall be exempt
from this anti-monotony requirement. In this scenario, the pattern shall reset.
Exhibit “E” – Page 1 of 1
Exhibit “E”
(Amenity Character Imagery)
Community Garden:
Dog Park:
Pond Overlook with Seating/Swing:
Exhibit “F” Page 1 of 1
Exhibit “F”
(Signage & Barricade Exhibit)
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
______________________________ ______________________________
Anthony Green, President Adam Aasen, Vice-President
______________________________ ______________________________
Jeff Worrell Teresa Ayers
______________________________ ______________________________
Shannon Minnaar Ryan Locke
______________________________ ______________________________
Matthew Snyder Rich Taylor
______________________________
Anita Joshi
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, Mayor of the City of Carmel, Indiana this ____ day of _________________, 2024,
at ______ __.M.
_________________________________
Sue Finkam, Mayor
ATTEST:
_________________________________
Jacob Quinn, Clerk
This Instrument prepared by: James E. Shinaver, attorney at law, NELSON & FRANKENBERGER and Jon C.
Dobosiewicz, land use professional, NELSON & FRANKENBERGER. 550 Congressional Blvd, Carmel, IN 46032.
Andrews PUD 22 011724
SPONSOR(S): Councilors Synder, Aasen, Ayers, and Green
This Resolution was prepared by Benjamin Legge, Interim Corporation Counsel, on February 9, 2024, at 11:00 a.m. No subsequent revision to this Resolution has been reviewed by Mr. Legge for legal sufficiency or otherwise.
RESOLUTION CC 02-19-24-01
RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ASSIGNING A SPECIAL STUDY OF THE UNIFIED DEVELOPMENT ORDINANCE TO THE LAND USE AND SPECIAL STUDIES COMMITTEE FOR REVIEW
Synopsis: This Resolution assigns a special study of the Carmel Unified Development Ordinance
to the Land Use and Special Studies Committee for review and recommendations. WHEREAS, the Common Council of the City of Carmel, Indiana (“Council”) previously adopted Ordinance Z-625-17, as amended, establishing the Carmel Unified Development Ordinance (the “UDO”), pursuant to Indiana Code Chpt. 36-7-4; and WHEREAS, Indiana Code § 36-7-4-607(b) requires that any proposal by the Council to amend or partially repeal the text of the UDO be referred to the City of Carmel Plan Commission (the “Plan Commission”) for consideration and recommendation before any final action is taken by the Council; and
WHEREAS, the Council desires to assign a special study of the UDO to the Land Use and Special Studies Committee for review, with any recommendation(s) from the special study to be presented to the Council to determine if a proposal should be submitted to the Plan Commission pursuant to Indiana Code § 36-7-4-607(b). NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AS FOLLOWS: Section 1. The foregoing Recitals are incorporated herein by this reference.
Section 2. The Common Council assigns a special study of the Carmel Unified Development Ordinance to the Land Use and Special Studies Committee for review and recommendations.
Section 3. This Resolution shall take effect immediately upon its passage by the
Council and approval of the Mayor.
[remainder of page intentionally left blank]
Resolution CC 02-19-24-01
Page One of Two
SPONSOR(S): Councilors Synder, Aasen, Ayers, and Green
This Resolution was prepared by Benjamin Legge, Interim Corporation Counsel, on February 9, 2024, at 11:00 a.m. No subsequent revision to this Resolution has been reviewed by Mr. Legge for legal sufficiency or otherwise.
SO RESOLVED, 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
Anthony Green, President Adam Aasen, Vice-President
Rich Taylor Matt Snyder
______________________________
Jeff Worrell Teresa Ayers Shannon Minnaar Ryan Locke
______________________________ Anita Joshi 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, Mayor of the City of Carmel, Indiana, this day of
________________________ 2024, at _______ __.M.
Sue Finkam, Mayor
ATTEST:
Jacob Quinn, Clerk Resolution CC 02-19-24-01
Page Two of Two
SPONSOR(S): Councilor Worrell and Councilor Aasen
This Ordinance was prepared by Sergey Grechukhin, Interim City Attorney, on 2/13/24. It may have been subsequently revised.
ORDINANCE NO. D-2701-24 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 AMENDING SUBSECTION (49) TO CHAPTER 8, ARTICLE 5, SECTION 8-47(a) OF THE 4 CARMEL CITY CODE. 5 6
Synopsis: Ordinance amending parking prohibition on a section of Southbound 3rd Ave SW 7
near its intersection with City Center Drive. 8 9 WHEREAS, pursuant to Indiana Code 9-21-1-3(a)(1), the City of Carmel, Indiana (the “City”) within 10 the reasonable exercise of its police power, may by ordinance regulate vehicular parking; 11 12
WHEREAS, the City has previously regulated vehicular parking within its corporate limits, such 13
regulations being codified, in part, in the City Code Section 8-47(a); and 14 15 WHEREAS, the City has previously constructed a roundabout at the intersection of 3rd Ave SW near 16 and City Center Drive that rendered the parking prohibition on the west side of 3rd Ave SW obsolete due to 17
addition of designated parking spaces, but necessitated the parking prohibition on the east side; 18
19 WHEREAS, the Common Council of the City of Carmel, Indiana, now finds that it is in the interests 20 of the public safety and welfare to amend parking prohibition on a section of 3rd Ave SW near its intersection 21 with City Center Drive. 22
23 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, 24 as follows: 25 26 Section 1. The foregoing Recitals are fully incorporated herein by this reference. 27
28
Section 2. The following subsection of Carmel City Code Section 8-47(a) is hereby amended and shall 29 read as follows: 30 31 “(49) On the east side of 3rd Avenue S.W. between City Center Drive and a point 391 feet south 32
of the intersection of City Center Drive and 3rd Avenue S.W..” 33
34 Section 3. The remaining provisions of Carmel City Code Sections 8-47 are not affected by this 35 Ordinance and shall remain in full force and effect. 36 37
Section 4. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance 38
are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such 39 repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other 40 ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the 41 effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be 42
imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. 43
44 Ordinance No. D-2701-24 45 Page One of Three Pages 46
SPONSOR(S): Councilor Worrell and Councilor Aasen
This Ordinance was prepared by Sergey Grechukhin, Interim City Attorney, on 2/13/24. It may have been subsequently revised.
Section 5. If any portion of this Ordinance is for any reason declared to be invalid by a court of 47 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance 48
so long as enforcement of same can be given the same effect. 49
50 Section 6. This Ordinance shall be in full force and effect from and after the date of its passage 51 and signing by the Mayor and such publication as required by law. 52
53 Section 7. The Carmel Street Department is directed to promptly add the appropriate signage to 54 fulfill the mandates contained in this Ordinance upon its passage. 55 56 57 58 59 60
61 62 63 64 65
66
[remainder of page intentionally left blank] 67 68 69 70
71 72 73 74 75
76
77 78 79 80
81
82 83 84 85
86
87 88 89 90
Ordinance No. D-2701-24 91
Page Two of Three Pages 92
SPONSOR(S): Councilor Worrell and Councilor Aasen
This Ordinance was prepared by Sergey Grechukhin, Interim City Attorney, on 2/13/24. It may have been subsequently revised.
93 PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2024, 94
by a vote of _____ ayes and _____ nays. 95
96 97 COMMON COUNCIL FOR THE CITY OF CARMEL 98 99
___________________________________ 100
Anthony Green, President Adam Aasen, Vice-President 101 102 ___________________________________ ______________________________ 103 Jeff Worrell Teresa Ayers 104
105
___________________________________ ______________________________ 106 Anita Joshi Shannon Minnaar 107 108 ___________________________________ ______________________________ 109
Ryan Locke Matt Snyder 110 111 ___________________________________ 112 Rich Taylor 113 114
ATTEST: 115 116 __________________________________ 117 Jacob Quinn, Clerk 118 119
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 120 _________________________ 2024, at _______ __.M. 121 122 ____________________________________ 123 Jacob Quinn, Clerk 124
125 Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 126 2024, at _______ __.M. 127 128
____________________________________ 129
Sue Finkam, Mayor 130 131 ATTEST: 132 133
________________________ 134
Jacob Quinn, Clerk 135 136 Ordinance No. D-2701-24 137 Page Three of Three Pages 138
SPONSOR(S): Councilor Locke
This Ordinance was prepared by Benjamin Legge, Interim Corporation Counsel, on February 12, 2024, at 4:00 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
ORDINANCE D-2703-24
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 3, ARTICLE 1, DIVISION II, SECTION 3-30 OF THE CARMEL CITY CODE
Synopsis: Ordinance amends the order of business for the Carmel Common Council agenda by adding the Climate Action Advisory Committee’s quarterly reports. WHEREAS, pursuant to Indiana Code § 36-1-3-4, the Carmel Common Council (the “Council”) may adopt its own rules to govern its proceedings; and
WHEREAS, pursuant to Ordinance D-2637-22, the Climate Action Advisory Committee is required to “[r]eport its activities quarterly to the Common Council.” NOW, THEREFORE, IT IS AGREED AND ORDAINED, by the Common Council of the
City of Carmel, Indiana, as follows:
Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. Section 3-30 of the Carmel City Code is hereby amended and shall read as follows:
Ҥ 3-30 Order of Business. (j) Other Reports Р(at the first meeting of the month specified below): (1) Carmel Redevelopment Commission (Monthly);
(2) Carmel Historic Preservation Commission (Quarterly – January, April, July, October);
(3) Audit Committee (Bi-Annual May, October); (4) Redevelopment Authority (Bi-Annual – April, October); (5) Carmel Cable and Telecommunications Commission (Bi-annual – April, October); (6) Economic Development Commission (Bi-annual – February, August);
(7) Library Board (Annual – February);
(8) Ethics Board (Annual – February); (9) Public Art Committee (Annual – August); (10) Climate Action Advisory Committee (Quarterly – March, June, September, December); (11) All reports designated by the Chair to qualify for placement under this category.
Section 3. All other current provisions of City Code Section 3-30 shall remain in full force and effect and are not affected by this Ordinance. Section 4. If any portion of this Ordinance is for any reason declared to be unconstitutional or
invalid, 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 5. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor.
Ordinance No. D-2703-24 Page One of Two
SPONSOR(S): Councilor Locke
This Ordinance was prepared by Benjamin Legge, Interim Corporation Counsel, on February 12, 2024, at 4:00 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
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
Anthony Green, President Adam Aasen, Vice-President Rich Taylor Matt Snyder
______________________________ Jeff Worrell Teresa Ayers
Shannon Minnaar Ryan Locke
______________________________ Anita Joshi
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, Mayor of the City of Carmel, Indiana, this day of ________________________ 2024, at _______ __.M.
Sue Finkam, Mayor ATTEST:
Jacob Quinn, Clerk
Ordinance No. D-2703-24 Page Two of Two