HomeMy WebLinkAbout06.17.24 CC Meeting Paperless Packet1
COMMON COUNCIL
MEETING AGENDA
MONDAY, JUNE 17, 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
6.RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL
7.COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS
8.CONSENT AGENDA
a. Approval of Minutes
1. June 3, 2024 Regular Meeting
b.Claims
1. Payroll - $3,704,921.142.General Claims - $3,829,978.083.Wire Transfers - $2,864,896.81
9.ACTION ON MAYORAL VETOES
10.COMMITTEE REPORTS
a.Finance, Utilities and Rules Committeeb.Land Use and Special Studies Committeec.All reports designated by the Chair to qualify for placement under this category.
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)
2
h. Ethics Board (Annual – February)
i.Parks Department (Quarterly – February, May, August, November)j.Climate Action Advisory Committee (Quarterly – March, June, September, December)k.Department of Community Services Reportl.All reports designated by the Chair to qualify for placement under this category.
12.OLD BUSINESS
a.Twelfth Reading of Ordinance D-2696-23; An Ordinance of the Common Council of theCity of Carmel, Indiana, Adding Chapter 8, Article 4, Section 8-44 to the Carmel CityCode; Sponsor(s): Councilor(s) Worrell and Aasen. Remains in the Finance, Utilities and
Rules Committee.
Synopsis:Establishes a speed limit of 20 miles per hour within roundabouts.
b. Fifth Reading of Ordinance D-2710-24; An Ordinance of the Common Council of the
City of Carmel, Indiana, Authorizing the Issuance of Economic Development TaxIncrement Revenue Bonds to Support the Gramercy Project, and Authorizing andApproving Other Actions in Respect Thereto; Sponsor: Councilor Aasen. Returns fromthe Finance, Utilities and Rules Committee.
Synopsis:Ordinance authorizes the issuance of developer TIF bonds by the City of Carmel, Indiana,to finance improvements to support the development of the Gramercy Project.
13.PUBLIC HEARINGS
a.First Reading of Ordinance Z-690-24; An Ordinance establishing Non-Dwelling ShortTerm Rental Use-Specific Standards and Definitions in the Unified Development Ordinance;Sponsor(s): Councilor(s) Worrell and Minnaar.
Synopsis:This ordinance establishes non-dwelling short-term rental use-specific standards to addresspool, backyard, accessory buildings, and other structures or facilities rentals.
b.First Reading of Ordinance Z-691-24; An Ordinance of the Common Council of the City
of Carmel, Indiana, Amending the Jackson’s Grant Village Planned Unit DevelopmentDistrict (Ordinance Z-653-20); Sponsor(s): Councilor(s) Minnaar and Green.
Synopsis:
This ordinance establishes an Amendment to the Jackson’s Grant Village Planned Unit
Development Ordinance, Ordinance Z-653-20, which Amendment shall be referred to asthe 2024 Jackson’s Grant Village PUD Amendment Ordinance (the “2024 Amendment”).The 2024 Amendment seeks to amend certain provisions of Ordinance Number Z-653-20,by adding a parcel of land into the Jackson’s Grant Village Planned Unit Development
District, redefining the boundaries of the Conceptual Plan Use Blocks, and amending the
bulk density standards for Area C/Neighborhood Commercial Node.
3
14. NEW BUSINESS
15. AGENDA ADD-ON ITEMS 16. OTHER BUSINESS
a. Property Abatements/Compliance with Statement of Benefits – Returns from the Finance, Utilities and Rules Committee 1. Midcontinent Independent System Operator, Inc. (MISO) 2. Progressive Insurance Company (fka Protective Insurance Company/Baldwin & Lyons)
3. Schlage Lock Company, LLC 4. ZP Investments, LLC and Zotec Partners, LLC b. Petition to Hamilton County Drainage Board for Vernon Asher Drain 17. ANNOUNCEMENTS 18. ADJOURNMENT
1
COMMON COUNCIL 1
MEETING MINUTES 2
MONDAY, JUNE 3, 2024 – 6:00 P.M. 3
COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE 4 5
MEETING CALLED TO ORDER 6 7 Council President Anthony Green; Council Vice-President Adam Aasen; Council Members: Jeff Worrell, 8 Ryan Locke, Rich Taylor, Teresa Ayers, Matthew Snyder, Anita Joshi, Shannon Minnaar and Deputy 9
Clerk Jessica Komp were present. 10
11 Council President Green called the meeting to order at 6:00 p.m. 12 13 AGENDA APPROVAL 14
15
The agenda was approved unanimously. 16 17 INVOCATION 18 19
Pastor Patti Napier, Carmel Police Department Chaplain Volunteer, delivered the Invocation. 20
21 College Wood Elementary 5th grader Ridhi Byrisetty led the pledge of allegiance. 22 23 RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 24
25
There were none. 26 27 RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 28 29
There were none. 30
31 COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS 32 33 Councilor Taylor announced that the Bond Study has started. Councilor Minnaar shared that she had 34
contacted Carmel Police Chief Drake Sterling and Carmel Police Education Officer Renee Butts 35
regarding a program we are looking into for car seat safety known as the Roth ID Tag program. 36 37 Ridhi Byrisetty gave the Mayor’s update to Council. The Mayor reports that we are nearing the launch of 38 our transparency portal, with more than 400,000 data points and over $250 million each of revenue and 39
expense data. Look for it in late July or early August. Also, out of 27 banks invited, 22 banks have 40
responded to the banking RFP. Baker Tilly is currently reviewing all of those submissions. Zero-based 41 budgeting for 2025 starts tomorrow. Budgets will be developed around strategic need. We have also hired 42 a fleet consultant to better track and manage the city’s vehicles. Mayor Sue Finkam also spoke to 43 Council. She recognized Carmel’s new CFO, Zach Jackson, for the work he’s done thus far with all of 44
the aforementioned projects. 45
46 47 48
2
CONSENT AGENDA 49 50
Councilor Joshi moved to approve the consent agenda. Councilor Aasen seconded. There was no 51
discussion. Council President Green called for the vote. The consent agenda was approved 9-0. 52 53 a. Approval of Minutes 54 55
1. May 20, 2024 Regular Meeting 56 57 b. Claims 58 59 1. Payroll - $3,671,417.66 (5/3/24 payroll) and $3,707,987.82 (5/17/24 payroll) 60
2. General Claims - $3,840,027.89 and $35,388.79 (purchase card) 61 62 ACTION ON MAYORAL VETOES 63 64 There were none. 65
66 COMMITTEE REPORTS 67 68 Councilor Worrell reported that the Finance, Utilities and Rules Committee will be meeting on Monday, 69 June 10, 2024 in Council Chambers at 5:30 p.m. with a full agenda. 70
71
Councilor Snyder reported that the Land Use and Special Studies Committee met on May 22nd to discuss 72 the Gramercy project and Article 4 of the UDO. The Committee returns the Gramercy project with a 73 favorable recommendation, and it will next go to the Finance Committee. The Land Use and Special 74 Studies Committee will meet next on Wednesday, June 5, 2024 in the Board Room of the Carmel Clay 75
Public Library at 5:30 p.m. to begin discussing Sections 7.1 – 7.5 of the UDO. 76
77 OTHER REPORTS – (at the first meeting of the month specified below): 78 79 Henry Mestetsky, Carmel Redevelopment Director, gave the CRC’s monthly report. The exterior finishes 80
of The Wren and The Windsor continue to progress. At the Proscenium, the developers are currently 81
lining up contractors for the Tavern on the Green. At First on Main the Rotary Clock has been reinstalled. 82 There will be a celebration of First on Main on June 5, 2024, at 1:00 p.m. There was a dedication of the 83 Melange public courtyard to Mayor Jayne Reiman on Friday, May 24th. Republic has started on their 84 headquarters. Proscenium II continues to move forward. Lots of progress is being made on 111 S. 85
Rangeline, where 1933 Lounge will eventually go, along with a couple of headquarters. Icon on Main 86
continues its garage construction. Construction on the AT&T site is moving very fast. The Township has 87 been making great progress on the Carmel Clay Historical Society building. The Redevelopment 88 Commission finished its Interurban Trailhead project, in cooperation with the Carmel Clay Parks 89 Department. The Palladiscope returns on June 6th, with “EOS The New Dawn.” 90
91
Councilor Aasen asked Director Mestetsky if signage could be posted for Palladiscope’s showtimes. 92 Councilor Worrell stated that citizens have expressed concern about the Palladiscope shows going past 93 11:00 p.m. Director Mestetsky responded that he does not believe the shows are projected past 11:00 94 p.m., but he will confirm that. Councilor Worrell also asked if the CRC is involved in the project 95
happening at Clay Terrace. Director Mestetsky stated that conversations are continuing between the CRC 96
and the developers and the county, but as of now, they are just conversations. He hopes to have an update 97 for Council by the next meeting. 98
3
99 100
OLD BUSINESS 101 102 Council President Green announced the eleventh reading of Ordinance D-2696-23; An Ordinance of the 103 Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 4, Section 8-44 to the 104 Carmel City Code; Sponsor(s): Councilor(s) Worrell and Aasen. This remains in the Finance, Utilities 105
and Rules Committee. (Next Meeting 6/10/24) 106
107 Council President Green announced the fourth reading of Ordinance D-2710-24; An Ordinance of the 108 Common Council of the City of Carmel, Indiana, Authorizing the Issuance of Economic Development 109 Tax Increment Revenue Bonds to Support the Gramercy Project, and Authorizing and Approving Other 110
Actions in Respect Thereto; Sponsor: Councilor Aasen. This item returns from the Land Use and Special 111
Studies Committee with a favorable recommendation. It was then sent to the Finance, Utilities and Rules 112 Committee for financial review, with the caveat that before the item leaves the Finance Committee, a 113 drawing must be rendered to depict a barrier between the Gramercy development and Hunter’s Run 114 Condominiums. The Hunter’s Run residents wanted a berm, but a berm was not feasible, so another 115
dividing barrier for privacy has been agreed upon. (Next Meeting 6/10/24) 116
117 PUBLIC HEARINGS 118 119 Council President Green announced the first reading of Ordinance Z-689-24; An Ordinance of the 120
Common Council of the City of Carmel, Indiana, Restating and Amending an Ordinance to Establish an 121
Impact Fee for the Purpose of Planning and Financing Park and Recreational Infrastructure Needed to 122 Serve New Residential Development; Sponsor: Councilor Minnaar. President Green announced that there 123 had been a miscommunication, as several additional Councilors were interested in sponsoring this 124 ordinance. Councilors Joshi, Snyder, Ayers, Aasen, Taylor and Worrell were then added as sponsors. 125
Councilor Minnaar read the synopsis and moved to introduce the item into business. Councilor Aasen 126
seconded. Carmel Clay Parks Director Michael Klitzing explained that his summary would be for both 127 Ordinance Z-689-24 (The Parks & Recreation Impact Fee) and Resolution CC-06-03-24-01 (The Zone 128 Improvement Plan), as the Zone Improvement Plan is the means by which the we establish the proposed 129 PRIF rate. Director Klitzing explained that in order to establish a park impact fee, a zone improvement 130
plan must be adopted. The ZIP must be renewed every five years, and is based on 10-year development 131
projections. The current plan is for 2020-2025, and Council must adopt the new ZIP by 12/1/2024 to avoid 132 a lapse in the impact fee. The ZIP is tied to the Comprehensive Parks & Recreation Master Plan. Park 133 Impact Fees are an important funding source for CCPR, but they are not the most significant source. Since 134 2020, impact fees have accounted for about 10% of the Parks’ revenues received for capital development. 135
Recommended areas for these dollars to be spent for the new Zone Improvement Plan are Bear Creek Park, 136
West Park, the Japanese Garden, the Chinese Garden, the Central Core, Thomas Marcuccilli Nature Park, 137 and the White River Corridor. Estimated new infrastructure costs for these parks for 2025-2034 total $75.6 138 million. Ordinance Z-689-24 is proposing an 11.13% annual increase in the park impact fee rate over the 139 next five years to reach the fee of $8,275 by year 5. CCPR originally asked Plan Commission for a 10% 140
annual increase, and Plan Commission unanimously agreed that 11.13% was the right rate. These fees only 141
apply to new construction, not to homeowners buying existing homes. Councilor Locke asked if the new 142 plan would affect the dollars spent for projects in the Central Core. Director Klitzing replied that all dollars 143 spent will have to be approved by Council, whether it’s a part of the ZIP or not, and whether it benefits a 144 CCPR project or a CRC project. Councilor Taylor made the point that if the Central Core had been included 145
in the previous ZIP, the impact fees over the last five years would have been much higher. Councilor Aasen 146
stated that these proposed rates will not affect the ability to bring affordable housing to Carmel, one way 147 or the other. 148
4
149 Council President Green started the public hearing at 6:57 p.m. Judy Hagan, President of the Park Board, 150
spoke to Council in favor of Ordinance Z-689-24 and Resolution CC-06-03-24-01. Ms. Hagan felt that 151
the new impact fees will go a long way in allowing the Parks to maintain our level of service. Ms. Hagan 152 does not view the impact fees as an economic development tool, but a tool to keep the Parks’ level of 153 service high. She also stated that the Zone Impact Plan calls out where the impact fees are to be spent. 154 Dan Dutcher, President of the Parks Foundation, also spoke in favor of both the Ordinance and the 155
Resolution. Dan believes that the Park Impact Fees and the Zone Improvement Plan have been crucial in 156
accomplishing what Carmel now has in its national award-winning parks and recreation department. Mr. 157 Dutcher encouraged the Council to adopt this ordinance and resolution for the long-term good of the 158 community. Seeing no one else who wished to speak, Council President Green closed the public hearing 159 at 7:03 p.m. 160
161
Councilor Snyder moved to suspend the rules and act on this tonight. Councilor Aasen seconded. 162 Councilor Worrell asked Director Klitzing why the initial proposed rate presented to Plan Commission 163 was a 10% increase. Director Klitzing stated that 10% was the historical number used. He felt that this 164 number was a reasonable number, and also that the 11.13% was a reasonable number, especially with the 165
inflation we’ve experienced. Councilor Worrell then asked Councilor Aasen about his findings through 166
the Mayor’s Housing Task Force, and whether these park impact fees are prohibitive to building more 167 affordable housing. Councilor Aasen asked Adrienne Keeling, Planning Administrator the Department of 168 Community Services to respond to that question. Ms. Keeling stated that no one factor has been 169 identified as the solution to providing affordable housing in Carmel. The Mayor’s Housing Task Force 170
will report on this issue, as the solution to providing affordable housing will require a multi-pronged 171
approach. Director Klitzing added that the Zone Impact Plan and the Park Impact fees must be addressed 172 at least every five years, but that does not preclude re-visiting these items more often if needed. This 173 concluded the discussion. Council President Green called for the vote. Motion to suspend the rules 174 approved 9-0. Councilor Minnaar moved to approve. Councilor Snyder seconded. There was no 175
discussion. Council President Green called for the vote. Ordinance Z-689-24 approved 9-0. 176
177 NEW BUSINESS 178 179 Council President Green announced the first reading of Resolution CC-06-03-24-01; A Resolution of the 180
Common Council of the City of Carmel, Indiana, Approving an Amendment to the Carmel Comprehensive 181
Plan Regarding the Zone Improvement Plan; Sponsor: Councilor Minnaar. President Green again asked if 182 there were any additional Councilors interested in sponsoring this ordinance. Councilors Joshi, Snyder, 183 Ayers, Aasen, Taylor and Worrell were also added as sponsors. Councilor Minnaar moved to introduce the 184 item into business. Councilor Aasen seconded. Councilor Minnar presented the item to Council. There 185
were no questions, as Director Klitzing had already thoroughly explained this resolution in his presentation. 186
Councilor Taylor moved to approve. Councilor Joshi seconded. There was no discussion. Council President 187 Green called for the vote. Resolution CC-06-03-24-01 approved 9-0. 188 189 AGENDA ADD-ON ITEMS 190
191
Councilor Worrell made a motion to add an item to the agenda. Councilor Worrell read a memo that he 192 and Councilor Minnaar had sent to the Council to add an ordinance amending the 2024 Salary Ordinance 193 to the June 3rd, 2024 Council agenda. Ordinance D-2714-24 creates the position of Executive 194 Administrative Assistant for the Carmel Police Department. Councilor Worrell made a motion to 195
introduce the item into business. Councilor Minnaar seconded. There was no discussion. Council 196
President Green called for the vote. Motion to add Ordinance D-2714-24 to the agenda approved 9-0. 197
5
Police Chief Drake Sterling presented the item to Council, explaining that this newly created position 198 would combine the responsibilities of two roles, creating an opportunity to pursue grants, as well as the 199
centralizing of responsibilities such as claims and payroll. Chief Sterling also stated that this position 200
would be supported by the current 2024 Police Department budget. Councilor Taylor moved to suspend 201 the rules and act on this tonight. Councilor Worrell seconded. There was no discussion. Council President 202 Green called for the vote. Motion to suspend the rules approved 9-0. Councilor Aasen made a motion to 203 approve. Councilor Joshi seconded. There was no discussion. Council President Green called for the 204
vote. Ordinance D-2714-24 approved 9-0. 205
206 OTHER BUSINESS 207 208 Property Abatements/Compliance with Statement of Benefits – Deadline was May 15, 2024 209
Council President Green referred these items to the Finance, Utilities and Rules Committee. (Next 210
meeting 6/10/24) 211 212 1. Midcontinent Independent System Operator, Inc. (MISO) 213 2. Progressive Insurance Company (fka Protective Insurance Company/Baldwin & Lyons) 214
3. Schlage Lock Company, LLC 215
4. ZP Investments, LLC and Zotec Partners, LLC 216 217 ANNOUNCEMENTS 218 219
There were none. 220
221 ADJOURNMENT 222 223 Council President Green adjourned the meeting at 7:17 p.m. 224
225
Respectfully Submitted, 226 227 _______________________________ 228 Jacob Quinn, Clerk 229
230
231 Approved, 232 233 234
_______________________________ 235 ATTEST: Anthony Green, Council President 236 237 238 _______________________________ 239
Jacob Quinn, Clerk 240
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
54
55
56
57
58
59
60
61
62
63
64
Adam Aasen
____________________________________ Teresa Ayers
____________________________________
Ryan Locke
___________________________________ Rich Taylor65
66
67
68
69
70
71
72
___________________________________ 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
89
90
91
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
93
Sponsor: Councilor Aasen 1
ORDINANCE D-2710-24 2
AN ORDINANCE OF THE COMMON COUNCIL OF THE 3
CITY OF CARMEL, INDIANA, AUTHORIZING THE 4 ISSUANCE OF ECONOMIC DEVELOPMENT TAX 5 INCREMENT REVENUE BONDS TO SUPPORT THE 6 GRAMERCY PROJECT, AND AUTHORIZING AND 7
APPROVING OTHER ACTIONS IN RESPECT THERETO 8
Synopsis: 9
Ordinance authorizes the issuance of developer TIF bonds by the City of Carmel, 10 Indiana, to finance improvements to support the development of the Gramercy Project. 11
WHEREAS, the City of Carmel, Indiana (the “City”), is a municipal corporation and 12
political subdivision of the State of Indiana and by virtue of I.C. 36-7-11.9 and I.C. 36-7-12 13
(collectively, the “Act”), is authorized and empowered to adopt this ordinance (this “Bond 14 Ordinance”) and to carry out its provisions; 15
WHEREAS, Buckingham Properties, LLC or an affiliate thereof (the “Company”), 16 desires to finance the design and construction of certain improvements described in Exhibit A 17
hereto which are, or will be, located in the Gramercy Economic Development Area (collectively, 18
the “Projects”); 19
WHEREAS, the Company has advised the City of Carmel Economic Development 20 Commission (the “Commission”) and the City that it proposes that the City issue its taxable or 21 tax-exempt Economic Development Tax Increment Revenue Bonds, Series 20__ (Gramercy 22
Development Partners, LLC Project)), in one or more series (with such different or additional 23
series designation determined to be necessary or appropriate) in an aggregate amount not to 24 exceed Fifty-Three Million Dollars ($53,000,000) (the “Bonds”), under the Act and provide the 25 proceeds of such Bonds to the Company for the purpose of financing the Projects; 26
WHEREAS, the completion of the Projects results in the diversification of industry, the 27
creation of jobs and the creation of business opportunities in the City; 28
WHEREAS, pursuant to I.C. § 36-7-12-24, the Commission published notice of a public 29 hearing (the “Public Hearing”) on the proposed issuance of the Bonds to finance the Projects; 30
WHEREAS, on the date specified in the notice of the Public Hearing, the Commission 31 held the Public Hearing on the Projects; and 32
WHEREAS, the Commission has performed all actions required of it by the Act 33
preliminary to the adoption of this Bond Ordinance and has approved and forwarded to the 34 Common Council the forms of: (1) a Financing Agreement between the City and the Company 35 (the “Financing Agreement”); (2) a Trust Indenture between the City a trustee to be selected by 36 the Controller of the City (the “Trustee”) (the “Indenture”); (3) the Bonds; and (4) this Bond 37
Ordinance (the Financing Agreement, the Indenture, the Bonds, and this Bond Ordinance, 38
collectively, the “Financing Agreements”); 39
2
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE 40 CITY OF CARMEL, INDIANA, THAT: 41
Section 1. Findings; Public Benefits. The Common Council hereby finds and 42
determines that the Projects involve the acquisition, construction and equipping of an 43 “economic development facility” as that phrase is used in the Act; that the Projects will 44 increase employment opportunities and increase diversification of economic development 45 in the City, will improve and promote the economic stability, development and welfare in 46
the City, will encourage and promote the expansion of industry, trade and commerce in 47
the City and the location of other new industries in the City; that the public benefits to be 48 accomplished by this Bond Ordinance, in tending to overcome insufficient employment 49 opportunities and insufficient diversification of industry, are greater than the cost of 50 public services (as that phrase is used in the Act) which will be required by the Projects; 51
and, therefore, that the financing of the Projects by the issue of the Bonds under the Act: 52
(i) will be of benefit to the health and general welfare of the City; and (ii) complies with 53 the Act. 54
Section 2. Approval of Financing. The proposed financing of the Projects by 55 the issuance of the Bonds under the Act, in the form that such financing was approved by 56
the Commission, is hereby approved. 57
Section 3. Authorization of the Bonds. The issuance of the Bonds, payable 58 solely from revenues and receipts derived from the Financing Agreements, is hereby 59 authorized. 60
Section 4. Terms of the Bonds. (a) The Bonds, in the aggregate principal 61
amount not to exceed Fifty-Three Million Dollars ($53,000,000), shall (i) be executed at 62
or prior to the closing date by the manual or facsimile signatures of the Mayor and the 63 Clerk of the City; (ii) be dated as of the date of their delivery; (iii) for each series of the 64 Bonds, mature on a date not later than twenty-five years after the date of the first draw of 65 principal on such series of the Bonds; (iv) bear interest at such rates as determined with 66
the purchaser thereof (the “Purchaser”) in an amount not to exceed eight percent (8.00%), 67
with such interest payable as provided in the Financing Agreements, and which interest 68 may be taxable or tax-exempt, as determined by the Mayor and the Controller of the City, 69 with the advice of the City’s bond counsel, prior to the issuance of the Bonds; (v) be 70 issuable in such denominations as set forth in the Financing Agreements; (vi) be issuable 71
only in fully registered form; (vii) be subject to registration on the bond register as 72
provided in the Indenture; (viii) be payable in lawful money of the United States of 73 America; (ix) be payable at an office of the Trustee as provided in the Indenture; (x) be 74 subject to optional redemption prior to maturity and subject to redemption as otherwise 75 provided in the Financing Agreements; (xi) be issued in one or more series; and (xii) 76
contain such other terms and provisions as may be provided in the Financing 77
Agreements. 78
(b) The Bonds and the interest thereon do not and shall never constitute an 79 indebtedness of, or a charge against the general credit or taxing power of, the City, but 80 shall be special and limited obligations of the City, payable solely from revenues and 81
other amounts derived from the Financing Agreements. Forms of the Financing 82
Agreements are before this meeting and are by this reference incorporated in this Bond 83
3
Ordinance, and the Clerk of the City is hereby directed, in the name and on behalf of the 84 City, to insert them into the minutes of the Common Council and to keep them on file. 85
Section 5. Sale of the Bonds. The Mayor is hereby authorized and directed, 86
in the name and on behalf of the City, to sell the Bonds to the Purchaser at such prices as 87 are determined on the date of sale and approved by the Mayor of the City. 88
Section 6. Execution and Delivery of Financing Agreements. The Mayor and 89 the Clerk of the City are hereby authorized and directed, in the name and on behalf of the 90
City, to execute or endorse and deliver the Financing Agreement, the Indenture, and the 91
Bonds, submitted to the Common Council, which are hereby approved in all respects. 92
Section 7. Changes in Financing Agreements. The Mayor and the Clerk of 93 the City are hereby authorized, in the name and on behalf of the City, without further 94 approval of the Common Council or the Commission, to approve such changes in the 95
Financing Agreements as may be permitted by Act, such approval to be conclusively 96
evidenced by their execution thereof. 97
Section 8. Reimbursement from Bond Proceeds. The City hereby declares its 98 intent to issue the Bonds for the purpose of financing the Projects, which Bonds will not 99 exceed $53,000,000, and pursuant to Treas. Reg. §1.150-2 and IC 5-1-14-6(c), to 100
reimburse costs of the Projects (including costs of issuing the Bonds) from proceeds of 101
the sale of such Bonds. 102
Section 9. General. The Mayor and any other officer of the City, and each of 103 them, are hereby authorized and directed, in the name and on behalf of the City, to 104 execute or endorse any and all agreements, documents and instruments, perform any and 105
all acts, approve any and all matters, and do any and all other things deemed by them, or 106
either of them, to be necessary or desirable in order to carry out and comply with the 107 intent, conditions and purposes of this Bond Ordinance (including the preambles hereto 108 and the documents mentioned herein), the Projects, the issuance and sale of the Bonds, 109 and the securing of the Bonds under the Financing Agreements, and any such execution, 110
endorsement, performance or doing of other things heretofore effected be, and hereby is, 111
ratified and approved. 112
Section 10. Binding Effect. The provisions of this Bond Ordinance and the 113 Financing Agreements shall constitute a binding contract between the City and the 114 holders of the Bonds, and after issuance of the Bonds this Bond Ordinance shall not be 115
repealed or amended in any respect which would adversely affect the rights of the holders 116
of the Bonds as long as the Bonds or interest thereon remains unpaid. 117
Section 11. Repeal. All ordinances or parts of ordinances in conflict herewith 118 are hereby repealed. 119
Section 12. Effective Date. This Bond Ordinance shall be in full force and 120
effect immediately upon adoption and compliance with I.C. § 36-4-6-14. 121
Section 13. Copies of Financing Agreements on File. Two copies of the 122 Financing Agreements incorporated into this Bond Ordinance were duly filed in the 123 office of the Clerk of the City, and are available for public inspection in accordance with 124 I.C. § 36-1-5-4. 125
4
PASSED by the Common Council of the City of Carmel, this _____ day of _____________, 126 2024, by a vote of ______ ayes and ____ nays. 127
128 COMMON COUNCIL FOR THE CITY OF CARMEL 129 130 131 Anthony Green, President Adam Aasen, Vice-President 132
133
134 Rich Taylor Matthew Snyder 135 136 137
Jeff Worrell Teresa Ayers 138
139 140 Shannon Minnaar Ryan Locke 141 142
143
Anita Joshi 144 145 ATTEST: 146 147
______________________________ 148
Jacob Quinn, Clerk 149 150 Presented by me to the Mayor of the City of Carmel, Indiana this day of 151 2024, at __.M. 152
153
154 Jacob Quinn, Clerk 155 156 Approved by me, Mayor of the City of Carmel, Indiana, this day of 157
2024, at __.M. 158
159 160 161 Sue Finkam, Mayor 162
163
ATTEST: 164 165 166 167
Jacob Quinn, Clerk 168
169 170 Prepared by: Bradley J. Bingham 171
Barnes & Thornburg LLP 172 11 South Meridian Street 173 Indianapolis, IN 46204 174 175
5
EXHIBIT A 176
DESCRIPTION OF THE PROJECTS 177
All or any portion of the design and construction of a mixed use project which includes 178
townhomes, condos, apartments, retail, structured parking, and related road improvements, storm 179 water improvements, utility relocation costs, site development costs, and other infrastructure 180 costs, all to be located along Kinzer Avenue, south of City Center Drive, and at 452, 502, and 181 508 E. Carmel Drive, which will be added to the Gramercy Economic Development Area. 182
DMS 40581668.2 183
MEMORANDUM
Date: June 7, 2024
To: Carmel City Council
From: Adrienne Keeling
Re: Ordinance Z-690-24
Non-Dwelling Short-Term Rental Standards UDO Amendment
Forwarded with a favorable recommendation from Carmel Plan Commission:
Ordinance Z-690-24 (Docket No. PZ-2024-00041 OA: Non-Dwelling Short-Term Rental Standards
UDO Amendment)
The applicant seeks to amend the UDO to establish standards and definitions for Non-Dwelling Short-
Term Rentals. Filed by the Department of Community Services on behalf of the Carmel Plan
Commission.
Background:
Following on the popularity of private home and room rental platforms such as Airbnb and Vrbo, the latest
wave of rental platforms features the hourly rental of pools and other outdoor facilities at private residences.
Similarly, in recent year, Carmel has seen an emergence of pool rentals along with growing concerns from
neighbors regarding the quiet enjoyment of their properties.
Carmel revised its approval process and standards for Short-Term Residential Rentals so dwellings several years
ago, and now propose a similar process of approval for what we’re calling Non-Dwelling Short-Term Rentals.
Proposed Ordinance Summary:
The proposed amendment adds a new definition, approval process, and standards for Non-Dwelling Short-Term
Rentals. The ordinance proposal is attached, and summarized below:
Proposed Definition: Short-Term Rental; Non-Dwelling: Any outdoor or indoor pool, yard, patio,
deck, accessory building, and other non-dwelling structure or facility that is rented or leased to transient
guests by a Permanent Resident of the property where such non-dwelling rental is located.
Approval Process: Requires Special Exception Approval by the BZA Hearing Officer for a term of 1
year. This affects a few sections in the UDO:
• Applies Special Exception Filing Fee in Article 1.
• Adds “Non-Dwelling Short-Term Residential Rental” as a type of Residential Special Exception in
Residential Districts S1, S2, R1, R2, R3, R4, R5 and UR in Article 2.
• Adds references in UDO Section 9.08: Special Exception to the proposed new Section 5.74
(described below). No substantive amendments have been proposed to the Special Exception process
itself; however, we do propose to simplify the Section title to remove “(Group Home and Short-
Term Residential Rental)”.
Proposed Districts & Standards: A new UDO Section 5.74: Non-Dwelling Short-Term Rental – Use
Specific Standards would be added to Article 5. Numerically, this will fall in the UDO immediately
after the standards for Short-Term Rentals (for dwellings), and the proposed language follows closely. A
few highlights include:
• The applicant shall be a Permanent Resident of the location where the rental is proposed. See
definition of “Resident, Permanent” in the UDO Article 11.
• Approval may be revoked after 2 notices of violations or citations for violations of the UDO, City
Code or state law that is attributable to the Non-Dwelling Short-Term Rental.
• Proposes a series of limitations on the use of pools, yards and other facilities, such as minimum
liability insurance, hours of operation, group sizes, the number of rentals over a period of time, and
parking.
NOTE: If adopted, the addition of a new Section 5.74 will result in a change in subsequent section
numbers for the remainder of Article 5. DOCS will reflect this change and correct any applicable
cross-references upon codification.
You may view the Unified Development Ordinance (UDO) in its entirety online by clicking on Zoning Map &
Tools in the Department of Community Services’ website: www.carmeldocs.com.
Code Enforcement History:
As of June 6, there are 5 residential pools offered for rent in Carmel on the Swimply web platform. While
offerings come and go, 4 of the 5 current listings appear to have been previously active based on user reviews
(ranging from 2-17 reviews each). Although the Code Enforcement division has not received any complaints
this year, over the past couple of summer seasons DOCS and City Council members have received several
reports and questions related to parking, noise and trespassing at the same pool rental.
Plan Commission Overview:
Councilor Worrell and other members of the public spoke generally in favor of the proposal and encouraged
communication. Three of the speakers shared some of their experiences with a pool rental in their
neighborhood, which has received complaints in recent years. The Plan Commission had a few questions
regarding HOA covenants, effect on PUDs, liability insurance, and various scenarios in whether to apply the
standards by calendar vs. approval year. The Commission deliberated operating hours, group size, and
recommended a maximum of 1 rental per month, and each rental a maximum of 5 hours. After making the
recommended revisions, the Plan Commission voted to send this proposal to the City Council with a unanimous
favorable recommendation.
The information in this packet is arranged in the following order:
1. Plan Commission Certification (expires August 21, 2024)
2. Proposed Ordinance Z-690-24
CERTIFICATION
OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION TO THE CITY OF CARMEL
TO AMEND THE ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE
Z-690-24
Non -Dwelling Short -Term Rental Standards Ordinance Amendment
To: The Honorable Common Council CARMEL CITY CLERK
Of the City of Carmel
Hamilton County, Indiana MAY 2 3 2024
TIME: 4-7G/¢m
Dear Members:
The Carmel Plan Commission offers you the following report on application Docket No.
PZ-2024-00041 OA - petitioning to amend the Unified Development Ordinance in order
to establish standards and definitions for Non -Dwelling Short -Term Rentals.
The Carmel Plan Commission's Commercial Committee recommendation on the petition
of the applicant is `Favorable."
At its regularly scheduled meeting on May 21, 2024, the Carmel Plan Commission voted
Nine (9) in Favor, Zero (0) Opposed, Zero (0) Absent, to forward to the Common
Council the proposed Ordinance No. Z-690-24 with a "Favorable Recommendation".
Please be advised that by virtue of the Plan Commission's Favorable Recommendation,
pursuant to IC 36-7-4-607(e), 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 Wednesday, August 21, 2024.
CARMEL PLAN COMMISSION
BY: &"N ___—
Brad Grabow, President
ATTEST:
FA/AMOR , =25- ZI
Bric Butler, Secretary
Carmel Plan Commission
Dated: May 23, 2024
6/07/2024 Ordinance Z-690-24 1
Sponsors: Councilors Worrell and Minnaar 1 2
ORDINANCE Z-690-24 3
AN ORDINANCE OF THE COMMON COUNCIL OF THE 4
CITY OF CARMEL, INDIANA 5
___________________________________________________ 6
An Ordinance establishing Non-Dwelling Short-Term Rental Use-Specific Standards and Definitions in the 7 Unified Development Ordinance. 8 9
Synopsis: 10
This Ordinance establishes Non-Dwelling Short-Term Rental Use-Specific Standards to address pool, backyard, 11 accessory buildings, and other structures or facilities rentals. 12
13 WHEREAS, the City wishes to ensure the public health, safety and welfare of all its residents, and 14 uphold the property rights of the City residents who own real property located in Residential Districts; and 15 16
WHEREAS, short-term rental offerings have expanded to include pools, backyards, accessory 17 buildings, and other facilities (collectively Non-Dwelling Short-Term Rentals); and 18 19 WHEREAS, Non-Dwelling Short-Term Rentals are offered exclusively and independently from 20 dwellings; and 21
22 WHEREAS, Non-Dwelling Short-Term Rentals present concerns and impact neighboring properties 23 in a similar way as Short-Term Residential Units, and such impact can be further exacerbated because Non-24 Dwelling Short- Term Rentals are frequently rented on hourly basis increasing the number of individuals who 25 use the property throughout the day; and 26
27 WHEREAS, to mitigate negative effects on the quality of life, quiet enjoyment of properties and 28 residential neighborhoods integrity, the City wishes to establish Use-Specific Standards for Non-Dwelling 29 Short-Term Rentals; and 30
WHEREAS, it is in the public interest that Non-Dwelling Short-Term Rentals be reasonably regulated 31
and that due process be provided to all affected property owners to protect the quality of life, safety of residents, 32 and quiet enjoyment of properties as well as to conserve property values in Residential Districts; and 33
WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the text 34 of the unified development ordinance; and 35
WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance D-2391-17, the 36
Carmel Unified Development Ordinance is incorporated by reference into the Carmel City Code; 37
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, 38 that, pursuant to IC 36-7-4-600 et seq. and after Docket No. PZ-2024-00041 having received a favorable 39 recommendation from the Carmel Advisory Plan Commission on Tuesday,___________, 2024, it hereby adopts 40
this Ordinance to amend the Carmel Unified Development Ordinance (Ordinance Z-________, as amended), to 41
read as follows: 42 43 44
6/07/2024 Ordinance Z-690-24 2
Section I: Amend Article 1 by adding BZA Hearing Officer Filing Fees for Non-Dwelling Short-Term Rental 45 review. 46
1.29 Filing Fees 47
BZA Hearing Officer 48
• Residential $207.25 plus $120.50 for each additional 49
• Commercial petition $849.50 plus $420.50 for each additional 50
• Special Exception, Group Home $104 plus $104 per bedroom 51
• Special Exception, Short Term Rentals $115.25 52
• Renewal of Special Exception $58.00 53 54 Section II: Amend Article 2 by adding Non-Dwelling Short-Term Rental as a Residential Special Exception 55 for the following Districts: 56 57
2.03 S1 District Intent, Permitted Uses, Special Uses and Special Exceptions 58
Residential Special Exception – Non-Dwelling Short-Term Rental 59 60 2.05 S2 District Intent, Permitted Uses, Special Uses and Special Exceptions 61 Residential Special Exception – Non-Dwelling Short-Term Rental 62
63
2.07 R1 District Intent, Permitted Uses, Special Uses and Special Exceptions 64 Residential Special Exception – Non-Dwelling Short-Term Rental 65 66 2.09 R2 District Intent, Permitted Uses, Special Uses and Special Exceptions 67
Residential Special Exception – Non-Dwelling Short-Term Rental 68
69 2.11 R3 District Intent, Permitted Uses, Special Uses and Special Exceptions 70 Residential Special Exception – Non-Dwelling Short-Term Rental 71 72
2.13 R4 District Intent, Permitted Uses, Special Uses and Special Exceptions 73
Residential Special Exception – Non-Dwelling Short-Term Rental 74 75 2.15 R5 District Intent, Permitted Uses, Special Uses and Special Exceptions 76 Residential Special Exception – Non-Dwelling Short-Term Rental 77
78
2.17 UR District Intent, Permitted Uses, Special Uses and Special Exceptions 79 Residential Special Exception – Non-Dwelling Short-Term Rental 80 81 82
Section III: Adopt Article 5: Development Standards, Section 5.74: US-28 Non-Dwelling Short-Term Rental 83
Use-Specific Standards as follows: 84
This Use-Specific Standards (US) section applied to the following zoning districts: 85 S1 S2 R1 R2 R3 R4 R5 UR 86 [to be included in a footnote: PUD District Ordinance shall control unless it is silent on 87
applicable rental regulations. All PUDs parcels shall be reviewed as their underlying zoning, 88
such underlying zoning shall be determined by the Director of Community Services] 89 90
A. Purpose: It is the purpose of this Section to benefit the general public by minimizing adverse impacts 91 on established residential neighborhoods in the City and the owners and residents of properties in 92 these neighborhoods resulting from the conversion of residential properties or portions thereof to 93 tourist, entertainment, transient and/or temporary uses. 94
6/07/2024 Ordinance Z-690-24 3
95 B. Special Exception Eligibility: A Permanent Resident of a Dwelling located in a Residential District 96
may use a portion of the real estate where such Dwelling is located as a Non-Dwelling Short-Term 97
Rental if: 98 1. The Permanent Resident applies for and is granted a Special Exception, pursuant to Section 9:08: 99 Special Exception (Group Homes and Short-Term Residential Rentals) hereof. 100 2. The Permanent Resident maintains a valid Registered Retail Merchant Certificate; 101
3. The Permanent Resident posts a clearly printed sign in the clearly-visible location within the 102
rented space that provides information regarding the location of lifesaving equipment, fire 103 extinguishers, gas shut off valves if gas-operated equipment is present, evacuation exits, and 104 emergency contact information. 105 106
C. Required Information for Application: Both the initial application and any renewal application for a 107
Special Exception permit shall contain the following: 108 1. Information sufficient to show that the applicant is the Permanent Resident of the real estate 109 where Non-Dwelling Short-Term Rental is located, and that the applicant has a Registered Retail 110 Merchant Certificate. Permanent residency shall be established by showing that the Unit is listed 111
as the applicant’s residence on at least two (2) of the following: motor vehicle registration; 112
driver’s license; voter registration; tax documents showing the unit as the applicant’s primary 113 residence for a standard homestead credit; or utility bill. A renewal application shall contain 114 sufficient information to show that the applicant is a Permanent Resident and has occupied the 115 real estate for at least two hundred seventy-five (275) days of the preceding calendar year. 116
2. Primary and secondary emergency contact information, including mailing address, phone 117
number or email address. Upon approval of a Special Exception, emergency contact information 118 shall be shared with the Carmel Police Department. 119 3. Any other information as may be required by the Director to evaluate the application. 120 121
D. Limitations: 122
1. The term of a Special Exception permit granted to a Permanent Resident shall be one (1) year. 123 The grant of a Special Exception permit provides an exception only to the other requirements of 124 this Ordinance. It does not confer a right to lease, sublease, or otherwise use a residential property 125 or portions thereof as a Non-Dwelling Short-Term Rental where such use is not otherwise 126
allowed by law, a homeowners association agreement or requirements, any applicable covenant, 127
condition, and restriction, a rental agreement, or any other restriction, requirement, or 128 enforceable agreement. Nothing in this Section shall relieve any person or facilitator of the 129 obligations imposed by any and all applicable provisions of state law and the Carmel City Code, 130 including but not limited to those obligations imposed by Indiana tax laws and rules. Further, 131
nothing in this Section shall be construed to limit any remedies available under any and all 132
applicable provisions of state law and the Carmel City Code. 133 2. If, after obtaining a permit, the real estate is subject to two (2) notices of violations or citations 134 for violation of any provision of this Section, the Carmel City Code or state law that is 135 attributable to the use of the real estate as a Non-Dwelling Short-Term Rental, the permit shall 136
be revoked. Director of the Department of Community Services shall notify the Permanent 137
Resident of the permit revocation via first class mail and/or posting such notice at the real estate. 138 3. In addition to all of the Limitations of Subsection 5.74D(1) above, Non- Dwelling Short-Term 139 Rental shall have the following use-specific limitations: 140 a. Pools: 141
i. Permanent Resident must be at the property at all times during a Non-Dwelling Short-142
Term Rental operation. 143 ii. Permanent Resident must obtain premises liability insurance in the amount not less than 144 One Million Dollars ($1,000.000.00) per occurrence. The insurance must be renewed 145
6/07/2024 Ordinance Z-690-24 4
annually. The certificate of such insurance shall be delivered to the Department of 146 Community Services prior to listing the real estate as a Non-Dwelling Short-Term Rental. 147
Proof of annual insurance renewal shall be delivered to the Department of Community 148
Services. 149 iii. Operation hours shall be between 10 A.M and 8 P.M. 150 iv. A group size for a single Non-Dwelling Short-Term Rental shall not exceed ten (10) 151 individuals. At least one of these individuals shall be at least twenty-one (21) years of age. 152
v. Number of Non-Dwelling Short-Term Rentals shall not exceed 1 day per calendar month. 153
The rental shall not exceed five (5) hours. 154 vi. Permanent Resident must provide sufficient guest parking that must be contained within 155 the real estate. 156 vii. Permanent Resident must comply with any applicable state laws, rules and regulations 157
relating to pool operation. 158
viii. Permanent Resident shall ensure that renters do not trespass on the neighbors’ properties. 159 b. Yards and other facilities (includes decks, patios, accessory structures etc.): 160 i. Permanent Resident must be at the property at all times during a Non-Dwelling Short-161 Term Rental operation. 162
ii. Permanent Resident must obtain premises liability insurance in the amount not less than 163
One Million Dollars ($1,000.000.00) per occurrence. The insurance must be renewed 164 annually. The certificate of such insurance shall be delivered to the Department of 165 Community Services prior to listing the real estate as a Non-Dwelling Short-Term Rental. 166 Proof of annual insurance renewal shall be delivered to the Department of Community 167
Services 168
iii. Operation hours shall be between 10 A.M and 8 P.M. 169 iv. A group size for a single Non-Dwelling Short-Term Rental shall not exceed ten (10) 170 individuals. At least one of these individuals shall be at least twenty-one (21) years of age. 171 v. Number of Non-Dwelling Short-Term Rentals shall not exceed 1 day per calendar month. 172
The rental shall not exceed five (5) hours. 173
vi. Permanent Resident must provide sufficient guest parking that must be contained 174 within the real estate. 175 176 Section IV: Amend Article 9, Section 9.08 by renaming said Section to “Special Exception” and adding Non-177
Dwelling Short-Term Rental to Section’s applicability as follows: 178
179 9.08 Special Exception (Group Home and Short Term Residential Rental) 180 Applicability: This Special Exception section only applied to Group Homes, Short Term 181 Residential Rental, and Non-Dwelling Short-Term Rental uses. 182
183 Section V: Amend Article 9, Section 9.08(B)(5) by adding reference to Section 5.74(D): Limitations as 184
follows: 185 186 B. Procedure: 187
5. Approval or Denial of the Special Exception Application: Upon approval of a Special Exception, 188
the Hearing Officer shall inform the applicant that the applicant may apply to the Director of 189 Community Services for Improvement Location Permits (if necessary) or may commence the 190 Special Exception if no permits are required. Failure of the Hearing Officer to inform the 191 applicant of the time limits set forth in Section 5.72(D): Limitations, or Section 5.73(D): 192
Limitations or Section 5.74(D): Limitations, as applicable, shall not relieve the applicant of 193
complying with said Section. 194 195 196
6/07/2024 Ordinance Z-690-24 5
Section VI: Amend Article 9, Section 9.08 by adding subsection G as follows: 197 198
G. Special Exception Non-Dwelling Short Term Rental Decisions; Commitment: Pursuant to IC 199
36‑7‑4‑1015, a Hearing Officer may, as a condition to any approval of an application for a Special 200 Exception, require or allow the owner to make any or all of the following commitments concerning 201 the use of the property: 202
1. That the Special Exception will fully comply with Section 5.74: Non-Dwelling Short‑Term 203
Rental Use‑Specific Standards. 204
2. That the Special Exception will be limited to thirty (30), sixty (60), or ninety (90) days during a 205 calendar year, at the discretion of the Hearing Officer. 206
3. If the Hearing Officer determines that a homeowners association or similar entity has established 207 limitations or prohibitions that apply to the property, that the owner’s implementation of the 208
Special Exception will not result in the violation of any such limitations or prohibitions. 209
210 Section VII: Amend Article 11 by adding the following definitions: 211 212 Short-Term Rental; Non- Dwelling: Any outdoor or indoor pool, yard, patio, deck, accessory building, 213
and other non-dwelling structure or facility that is rented or leased to transient guests by a Permanent 214
Resident of the property where such non-dwelling rental is located. 215
216 Section VIII: The Common Council hereby delegates Department of Community Services to correct and codify 217
numbering, pagination, cross-references, table of contents, Appendices, and land use matrix of the Unified 218 Development Ordinance affected by this Ordinance. 219 220 Section IX: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby 221 repealed. 222
223 Section X: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. 224 225
6/07/2024 Ordinance Z-690-24 6
ADOPTED by the Common Council of the City of Carmel, Indiana this ________ day of 226 ______________________ 2024, by a vote of _________ ayes and ________ nays. 227
228
229 COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA 230 231 ______________________________ ______________________________ 232 Anthony Green, President Adam Aasen, Vice-President 233
234
______________________________ ______________________________ 235
Jeff Worrell Teresa Ayers 236
237
______________________________ ______________________________ 238 Shannon Minnaar Ryan Locke 239 240 ______________________________ ______________________________ 241 Matthew Snyder Rich Taylor 242 243
______________________________ 244
Anita Joshi 245
246 ATTEST: 247 248 __________________________________ 249
Jacob Quinn, Clerk 250
251 Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 252 253 ____________, 2024, at _______ __.M. 254
255
_______________________________ 256 Jacob Quinn, Clerk 257 258 Approved by me, Mayor of the City of Carmel, Indiana this ___ day of 259
260
______________, 2024, at ______ __.M. 261
262
263
________________________________ 264 Sue Finkam, Mayor 265 ATTEST: 266 267
_________________________________ 268
Jacob Quinn, Clerk 269 270
271 272 Prepared by: Sergey Grechukhin, Transactions Chief, One Civic Square, Carmel, IN 46032 273
1
CITY OF CARMEL
DOCS DEPARTMENT REPORT TO THE COUNCIL
June 17, 2024
Jackson’s Grant Village PUD Amendment (Z-691-24)
• Plan Commission Docket No. PZ-2023-00227 PUD Amend
• Rezone 1.7 acres from S2/Residence and West 116th Street Overlay to the Jackson’s Grant Village PUD (Z-653-
20) for a stand-alone 10,000 sq. ft. daycare and land swap, which would allow for 3 new townhomes to be built.
• Site is located at 510 West 116th Street.
Planning and Zoning Analysis
• Project History
o In 2019, Republic Development unsuccessfully tried to purchase this property to include it in JGV PUD.
o In 2023, the site was sold to Air Alchemist, LLC, who proposes to rezone it and build a daycare facility.
o Instead of developing on an “island” or creating their own unique PUD, DOCS Staff encouraged the
Petitioner to work with Republic Development to integrate and connect the site into JGV PUD.
o Negotiations were successful and the project moved ahead to Plan Commission. The PC voted 5-4 with
“No Recommendation” as the vote to the City Council.
• Proposed PUD Revisions
o The changes to the JGV PUD are to facilitate the split of Area C into two commercial sub-districts. One is
for the original multi-tenant buildings proposed along Springmill Road (C-1). The other is for the new
daycare use (C-2).
o The only text changes Staff would like the City Council to address is Exhibit F, Section 3.6. This was
revised to allow only for the multi-tenant buildings in sub-district C-1 to use plane, material changes and
separate entrances as their way to break up walls greater than 100’ in length. This is an issue, as no
requirements are proposed for the daycare building in sub-district C-2. This appears to be an
oversight in the original PUD language. Council should use this as an opportunity improve the
architectural requirements for both commercial sub-districts.
• Process if approved by City Council
o New Plan Commission public hearing for Development Plan and ADLS approval of daycare.
o Public hearing for a Primary Plat Amendment to move 9 existing townhomes and add 3 new townhomes.
o Secondary Plat approval for all 12 townhomes in their new locations.
Traffic Study
• A&F Engineering completed a traffic study for the site, which accesses the existing adjacent roadway system and
its ability to handle the proposed development.
• The more external access points that are available will help to evenly distribute traffic in the area.
• Jeremy Kashman, Director of Engineering, is in favor of including the site into the PUD. As a standalone parcel, he
was concerned about how it would interact with 116th Street. But included into the PUD and using access points
already studied and approved for Jackson’s Grant Village, the numbers in the traffic study look great.
Concerns discussed by the Plan Commission
• Increasing the overall amount of commercial space in JGV, going from 20,000 sq. ft. to 30,000 sq. ft.
• Going back on conditions made by PC and Council on the max size of buildings – 7,500 sq. ft., and asking to increase
that for one building to 10,000 sq. ft.
• Republic’s commercial buildings have not been built yet; so, we do not know how busy the commercial node will be.
• Conditions were made in the past, however, the Cunningham parcel was not “in play” then. Staff is advising to bring
this parcel into the PUD, via a land swap.
• Proposal to keep the overall 20,000 max sq. ft. of retail, including the new parcel and the 10,000 sq. ft. daycare.
DOCS Staff found that including this parcel into the JGV PUD and approving this proposal supports Comprehensive Plan
goals and objectives for encouraging mixed use and connected neighborhoods. The plan allows for placing commercial
adjacent to commercial, connects streets and paths, improves site flow, adds residential units, and enhances residential and
street views. Approving this proposal will allow for continuity of design and provide a much-needed community amenity
for additional daycare facilities. We recommended that the Plan Commission forward this item to City Council with a
Favorable Recommendation. The Plan Commission voted 5-4 to send it with “No” Recommendation to City Council.
IN THE MATTER OF THE VERNON ASHER DRAIN
HAMILTON COUNTY DRAINAGE BOARD
Come now the City Council of the City of Carmel, who petition the Hamilton County Drainage
Board as follows:
1. They are the duly elected City Council of the City of Carmel, Indiana.
2. That in that capacity they are responsible for the drainage of public highways.
3. That they now desire that a regulated drain be reconstructed in Clay Township which
involves 111th Street and Pennsylvania Street and various areas surrounding the road in the drainage shed.
4. The names and address of each owner affected by the proposed public drainage are attached hereto,
made a part hereof, and marked Exhibit “A”, which area of land involved in the proposed drainage
area is located in Section 2 Township 17 north, Range 3 east, Hamilton County, Indiana.
5. No other public lands or owners are located in the area which would affect improvement.
6. That the general route of the proposed drain is extending the current Vernon Asher Drain from
the existing location by the addition of various arms as shown on Exhibit “B”.
7. That in the opinion of the Petitioner, the costs, damages, and expenses of the proposed improvement
will be less than the benefits which will result to the owners of the land to be benefited thereby.
8. That in the opinion of the Petitioner, the proposed improvement will benefit a public highway in
Hamilton County, Indiana.
9. That the name of the attorney representing Petitioner in the drainage petition is Samantha S. Karn,
Corporation Counsel, City of Carmel Department of Law, One Civic Square, Carmel, Indiana 46032.
10. That Petitioners shall pay the cost of notice and all legal costs if the Petition is dismissed.
11. Petitioner shall post a bond, if required, to pay the cost of notice and all legal costs in the case the
improvement is not established.
City of Carmel, Indiana
BY:_____________________
Anthony Green, President
BY:______________________
Adam Aasen, Vice-President
BY: ______________________
Jeff Worrell
BY:______________________
Ryan Locke
BY: ______________________
Rich Taylor
BY:______________________
Teresa Ayers
BY: ______________________
Matthew Snyder
Page 1of 2
BY:______________________
Anita Joshi
BY: ______________________
Shannon Minnaar
Attest:
_________________________________
Jacob Quinn / Clerk
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON)
Subscribed and sworn to before me, A Notary Public this ____day of _______________ 202 __.
_________________________________
Notary Public of Hamilton County
My Commission Expires:
________________________
Page 2 of 2
EXHIBIT “A”
VERNON ASHER DRAIN
Pedcor Community Development Corporation 17-13-02-00-00-014.001
110 E 111th Street
Carmel, Indiana 46280
City of Carmel 111th Street R/W
Department of Administration
One Civic Square
Carmel, Indiana 46032
E 1
1
1
T
H
S
T
.
SHAG BARK TRAIL
RUCKLE ST.
E 1
1
1
T
H
S
T
.
E 1
1
1
T
H
S
T
.
EX
H
I
B
I
T
"
B
"
11
1
T
H
S
T
R
E
E
T
P
A
T
H
-
N
E
W
S
T
O
R
M
S
E
W
E
R