HomeMy WebLinkAboutZ-691-24 Jackson's Grant Village PUD - Daycare - FAILEDFAILED
SPONSOR: Councilor Minnaar
Councilor Green 39 WHEREAS, Air Alchemist, LLC ("Petitioner"), submitted an application to the 40 City of Carmel Advisory Plan Commission (the "Plan Commission") requesting an 41 amendment to the PUD Ordinance (the "2024 Ordinance Amendment"); and 42 43 WHEREAS, the 2024 Ordinance Amendment seeks to add certain real estate 44 currently zoned S-2 into Jackson's Grant Village, said real estate more particularly 45 described in Exhibit A, attached hereto and incorporated herein (the "Real Estate"); and 46 47 WHEREAS, in order to accommodate the addition of the Real Estate into the PUD 48 Ordinance, the original boundaries of the Use Blocks must be amended, as shown in more 49 particularity within Exhibit B to this Ordinance, attached and incorporated herein 50 (" Amended Conceptual Plan"); and 51 52 WHEREAS, upon the Real Estate being rezoned by this 2024 Ordinance 53 Amendment, the majority of the Real Estate will be designated as part of "Area B 54 (Attached Residential)", while a small portion of the Real Estate will become part of " Area 55 C (Neighborhood Commercial)", as shown in more particularity within the Amended 56 Conceptual Plan; and 57 58 WHEREAS, the Real Estate will be subject to the Use, Design, and Architectural 59 guidelines as set forth in Use Blocks Area B and Area C, as applicable; and 60 61 WHEREAS, in order to accommodate the additional land mass of the Real Estate, 62 and the proposed use by the Petitioner, "Area C: Neighborhood Commercial" must be 63 amended by splitting "Area C: Neighborhood Commercial" into two (2) Sub-Districts as 64 follows: (1) "Area C: Sub-District C-1" and (2) "Area C: Sub-District C-2" ("Area C 65 Amendment"); and 66 67 WHEREAS, "Area C: Sub-District C-1" will retain the original Bulk Density 68 Standards, Architectural Standards, and Design Standards as set forth under Ordinance 69 653-20 for " Area C (Neighborhood Commercial)"; and70 71 WHEREAS, "Area C-Sub-District C-2" will allow up to a 10,000 sq. foot 72 commercial building, while at the same time, retain current Architectural Standards for 73 "Area C (Neighborhood Commercial)"; and 74 75 WHEREAS, the Petitioner has received written consent from the Master 76 Developer with regard to the entirety of the 2024 Amendment; and 77 C:\NRPortbl\ACTIVE\AULBRICHT\Jackson's Grant Village PUD Amendment\Jacksons Grant Village PUD amendment Final to council clean FAILED
SPONSOR: Councilor Minnaar Councilor Green 78 WHEREAS, the Petitioner's application is consistent with the provisions of the 79 Zoning Ordinance and the PUD Statute; and 80 81 WHEREAS, Air Alchemist has entered into a purchase agreement with the owners 82 of the Real Estate, who agree and consent to this 2024 Amendment; and 83 84 WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute 85 and the UDO, on April 16th at 6:00 p.m., the Plan Commission conducted a public hearing 86 concerning the application submitted by the Applicant for an amendment to the PUD 87 District Ordinance("Docket PZ-2023-00227"); and 88 89 WHEREAS, after the public hearing was held, the Plan Commission considered 90 Docket PZ-2023-00227 requesting an amendment to the UDO and to the Jackson's Grant 91 Village PUD; and 92 93 WHEREAS, the Plan Commission forwarded Docket PZ-2023-00227 to the 94 Common Council with a no recommendation by a vote of 5-4 in accordance with Indiana 95 Code§ 36-7-4-608, and as required by Indiana Code§ 36-7-4-1505; and 96 97 WHEREAS, the Secretary of the Commission certified the action of the Plan 98 Commission to the Common Council on May 23, 2024; and 99 100 WHEREAS, the Common Council is subject to the provisions of the Indiana Code 101 §36-7-4-1507 and Indiana Code§ 36-7-4-1512 concerning any action on this request; and102 103 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of 104 Carmel Indiana, that pursuant to Indiana Code § 36-7-4-1500 et. seq, it hereby (i) adopts 105 this Ordinance as an amendment to the Official Zoning Map of the City of Carmel, 106 Indiana (the "Zoning Map"), an amendment of the PUD Ordinance, and the UDO, (ii) all 107 prior ordinances or parts thereof inconsistent with any provision of this 2024 Ordinance 108 Amendment and its exhibits are hereby inapplicable to the use and development of the 109 Real Estate, (iii) all prior commitments and restrictions applicable to the Real Estate that 110 are in conflict with this 2024 Ordinance Amendment shall be null and void and replaced 111 and superseded by this 2024 Ordinance Amendment, and (iv) this 2024 Ordinance 112 Amendment shall be in full force and effect from and after its passage and signing to read 113 as follows: 114
115
116
117 C:\NRPortbl\ACTIVE\AULBRICHTVackson's Grant Village PUD Amendment\Jacksons Grant Village PUD amendment Final to council clean FAILED
SPONSOR: Councilor Minnaar
118 Section 1. Recitals.
119
120 The foregoing Recitals are incorporated herein.
121
122 Section 2. Applicability of Ordinance
123
Councilor Green
124 Section 2.1. The Official Zoning Map of the City of Carmel, Indiana, a part
125 of the UDO, is hereby amended to designate the Real Estate as part of the Planned
126 Unit Development District known as The Jackson's Grant Village PUD District.
127
128 Section 2.2. The Conceptual Plan defining the Use Area Blocks of the
129 Jackson's Grant Village PUD District Ordinance shall be amended as set
130 forth in Exhibit B to this Ordinance(" Amended Conceptual Plan").
131
132 Section 2.3. Development of the Real Estate shall be governed entirely by
133 (i)the provisions of this 2024 Ordinance Amendment and its Exhibits, (ii) the
134 provisions of Ordinance Z-653-20 establishing the Jackson's Grant Village PUD
135 District; (iii) those provisions of the UDO specifically referenced in this 2024
136 Ordinance Amendment or Ordinance Z-653-20; and (vi) any standards not
137 mentioned in this 2024 Ordinance Amendment shall be governed by the UDO
138 and/or Ordinance Z-653-20, whichever is applicable. In the event of a conflict
139 between this 2024 Ordinance Amendment, Ordinance Z-653-20, and the UDO,
140 then the provisions of this 2024 Ordinance Amendment shall apply.
141
142 Section 2.4 All provisions of the Jackson's Grant Village PUD District not
143 affected by this 2024 Ordinance Amendment shall continue, unchanged, and the
144 Jackson's Grant Village PUD Ordinance, as amended, shall remain in full force and
145 effect.
146
14 7 Section 3. Definitions and Rules of Construction.
148
149 Section 3.1 General Rules of Construction. The following general rules of
150 construction and definitions shall apply:
151
152
153
154
155
156
157
1.
2.
The singular number includes the plural and the plural the singular,
unless the context clearly indicates the contrary.
Words used in the present tense include the past and future tenses,
and the future the present.
C:\NRPortbl\ACTIVE\AULBRlCHTVackson's Grant Village PUD Amendment\Jacksons Grant Village PUD amendment Final to
council clean
FAILED
158 159 160 3.
SPONSOR: Councilor Minnaar
Councilor Green The word "shall" indicates a mandatory requirement. The word "may" indicates a permissive requirement. 161 Section 3.2 Definitions. The defined words set forth in this Section 3.2, 162 as they appear throughout this 2024 Amendment, shall have the meanings set 163 forth below. All other capitalized terms included in this 2024 Amendment, but 164 not defined in this Section 3.2, shall be the same as set forth in the Jackson Grant 165 Village PUD Ordinance and the UDO. 166 167 Developer: Shall mean Air Alchemist, LLC. 168 169 Developer, Master: Shall have the meaning set forth in Ordinance Z-653-20. 170 171 172 173 174 175 176 177 178 179 180 181 182 183 Development Requirements: Written development standards and any written requirements specified in this 2024 Amendment, which must be satisfied in connection with the approval of a Development Plan and Building Permits. Real Estate: The Real Estate legally described in "Exhibit A" ("Legal Description"), and more commonly known as parcel number 17-09-34-00-00-020.000. Revised Conceptual Plan: The general plan for the development of the Real Estate, and Jackson's Grant Village as a whole, including but not limited to streets, parking lots, trails, and common areas, as attached hereto as "Exhibit B", and that depicts the revised boundaries of Use Block Area A, Use Block Area B, and Use Block Area C. 184 Unified Development Ordinance or ("UDO"): the Unified Development 185 Ordinance, Ordinance Z-635-17, of the City of Carmel, Hamilton County, Indiana, 186 as amended. 187 188 Section 4. Revised Conceptual Plan and Use Districts. 189 190 191 192 193 194 195 196 197 Section 4.1 The Conceptual Plan, attached as Exhibit B to Ordinance 653-20, shall be amended as set forth in Exhibit B to this Ordinance. C:\NRPortbl\ACTIVE\AULBRICHT\Jackson's Grant Village PUD Amendment\Jacksons Grant Village PUD amendment Final to council clean FAILED
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212 213 214 215
216
217
218
219
SPONSOR: Councilor Minnaar
Councilor Green Section 4.2 The Real Estate and Jackson's Grant Village shall be developed in substantial compliance with the Revised Concept Plan, the revised boundaries of the Use Blocks, the addition of use Sub-Districts, and subject to Development Plan Approval by the Plan Commission. Substantial compliance shall be regulated in the same manner as the "substantially or material altered" provision of the UDO as it applies to Development Plans. Section 5. Bulk Density Standards. Section 5.1. Section 7.1 of the Jackson's Grant Village PUD is hereby amended as follows: Minimum Lot Minimum Yard Setbacks Min. Dwelling
Building Unit Size (SF) Max Lot
Type Width Area Street Front 1 Side Rear I-story 2-story Coverage
(SF) Frontage (Aggregate)
Area A: 55' 6,600 30' 25' Lllin 20' 1,600 2,000 Detached
Residential 50%
Buildings 65' 7,750 35' 25' Lllin 20' 1,600 2,000
AreaB and C:
Attached Q'. 2' 20'2 lQ'. 1,600 2,000 75% Residential
Buildings
AreaC:
Neighborhood 10' from
Commercial 20' 1,300 20' 2' residential, 10' NIA 80% Buildings O' from
Sub-District commercial
C-1:
Area C:
Neighborhood
Commercial 125' 10,000 NIA 2' Lllin lQ'. NIA 80%
Building Sub-
District C-2:
1 The following front yard setbacks shall apply for: (i) Dwellings wl rear load garages, IO'; and (ii) Dwellings
wl courtyard garages, 20'. 2 The side yard setback for attached residential buildings is the minimum distance required between the side
walls of two (2) multi-family buildings. C:\NRPortbl\ACTIVE\AULBRICHT\Jackson's Grant Village PUD Amendment\Jacksons Grant Village PUD amendment Final to council clean FAILED
SPONSOR: Councilor Minnaar Councilor Green 220 Section 5.2 Section 7.2 of the Jackson's Grant Village is hereby amended 221 as follows: 222 223 "7.2 Maximum Residential Densities. The maximum number of 224 Dwellings in Area A shall be 19. The maximum number of Dwellings in 225 Area B and C combined shall be 70. The total number of Dwellings 226 permitted in the District shall not exceed eighty-nine (89)-without an 227 amendment to this Ordinance. However, the total number of Dwellings 228 shall be reduced by one Dwelling for each 1,300 square feet of commercial 229 building developed in Area C: Sub-District C-1. 230 231 7.3 Cunningham Parcel Townhomes. If the daycare contemplated 232 under Docket PZ-2023-00227 is not built within Area C-Subdistrict 2, and 233 commercial development is not built by the Master Developer in Area C-234 Subdistrict 1, any residential units built on the land commonly known as 235 the "Cunningham parcel" (Parcel No. 17-09-34-00-00-020.00) shall not 236 reduce the number of townhomes available to be built pursuant to Section 237 7.2 above within Area C-Subdistrict 1 by the Master Developer." 238 239 Section 5.3. All other portions of Section 7 of the Jackson's Grant Village 240 PUD shall remain in full force and effect. 241
242 243 244 Section 6. Architectural and Design Standards. Section 6.1 Section 8 of the Jackson's Grant Village PUD is hereby 245 amended as follows: 246 247 "8.3 Neighborhood Commercial Buildings (Sub-District C-1/Sub-District 248 C-2). The architectural and design standards applicable to Neighborhood249 Commercial Buildings are specified in Exhibit F, as Amended. Character250 illustrations indicating conceptually the intended architecture and251 appearance of Buildings are provided in the Character Exhibits, as252 Amended.253 254 Section 6.2. All other portions of Section 8 of the Jackson's Grant 255 Village PUD shall remain in full force and effect. 256 257 258 259 C:\NRPortbl\ACTIVE\AULBRICHT\Jackson's Grant Village PUD Amendment\Jacksons Grant Village PUD amendment Final to council clean FAILED
260
261
262 Section 7. Landscaping Standards. SPONSOR: Councilor Minnaar
Councilor Green
263 Section 7.1. The Real Estate described in Exhibit A, also known
264 as parcel number 17-09-34-00-00-020.000, is intended to be developed as part of
265 Use Blocks Area B and Area C: Sub-district C-2. As such, Section 12.5 (B) of the
266 Jackson's Grant Village PUD no longer applies and is hereby amended by striking
267 it in its entirety from the text of the Ordinance. Section 12.5 shall be amended as
268 follows:
269
270
271
272
273
"B.No bufferyards or plantings shall be required between or within the
District's various uses or along the Real Estate's northern property
line congruent with the existing Jackson's Grant development."
274 Section 7.2. All other portions of Section 12 of the Jackson's Grant
275 Village PUD shall remain in full force and effect.
276
277
278 Section 8 Infrastructure and Environmental Standards 279 Section 8.1 Section 15.2 of the Jackson's Grant Village PUD 1s
280 hereby amended as follows as it relates to the Real Estate:
281
282 "All public infrastructure within the District shall adhere to the City's
283 standards and design criteria, unless otherwise stated within this Ordinance or
284 unless specific waivers have been approved by the City. In addition, the District
285 shall comply with the requirements of the Transportation Plan in accordance with
286 Section l.07E of the UDO (See Section 15.2(A) below, which is in full satisfaction
287 of all obligations specified in Section 1.07E of the UDO). At such time as requested
288 by the City and upon the enactment of this Ordinance, the Master Developer
289 and/or Developer shall cause to be conveyed and dedicated to the City of Carmel
290 for public right-of-way use one-half of the full right-of-way width prescribed in
291 the Transportation Plan, as measured from the centerline of 116th Street, across the
292 entirety of Hamilton County Parcel Nos.: 17-09-34-00-00-019.000, 17-09-34-00-00-
293 020.000, and 17-09-34-00-00-021.00."
294
295 Section 8.2. All other portions of Section 15 of the Jackson's Grant
296 Village PUD shall remain in full force and effect.
297
298
299
C:\NRPortbl\ACTIVE\AULBRICHT\Jackson's Grant Village PUD Amendment\Jacksons Grant Village PUD amendment Final to
council clean
FAILED
SPONSOR: Councilor Minnaar 300 Section 9. Master Developer Consent. 301 Councilor Green 302 Pursuant to Section 17.2 of the Jackson's Grant Village PUD District 303 Ordinance, the Master Developer consents to this text amendment, supports 304 adding the Real Estate into the PUD Ordinance as specified herein, supports 305 amending the boundaries of the Use Blocks, and supports the modification of the 306 Development Requirements to add Sub-Districts within "Area C" in order to 307 create a Neighborhood Commercial Building within Sub-District C-2. Evidence 308 of this consent is memorialized in Exhibit C, which is attached and incorporated 309 herein. 310 311 312 Section 10. Exhibit B to Ordinance Z-653-20. 313 Exhibit B to Ordinance Z-653-20 shall be amended and referred to as Exhibit 314 B, Amended, as set forth in Exhibit B to this Ordinance. 315 316 Section 11. Exhibit F to Ordinance Z-653-20. 317 318 Exhibit F to Ordinance Z-653-20 shall be amended as set forth in Exhibit D 319 to this Ordinance, and shall be referred to hereinafter as Exhibit F, as Amended. 320
321
322 Section 12. Conditions to Enactment of Ordinance Z-653-20. 323 Section 12.1 Exhibit I to the Jackson's Grant Village PUD provides 324 imposed conditions to the enactment of Ordinance Z-653-20, which is now 325 hereby amended as follows: 326
327
328
329
330
331 "Condition 1.1. No single commercial building in Area C: Sub-District C-1 shall have a first-floor footprint greater than 7,500 square feet.Condition 4.1 shall be deleted in its entirety." 332 Section 12.2. All other imposed conditions to the enactment of the 333 Jackson's Grant Village PUD shall remain in full force and effect. 334 335 336
337 338 339 (This rest of this page is left intentionally, blank). C:\NRPortbl\ACTIVE\AULBRICHTVackson's Grant Village PUD AmendmentVacksons Grant Village PUD amendment Final to council clean FAILED
340 Section 13. Invalidity.
341
SPONSOR: Councilor Minnaar
Councilor Green
342 If any portion of this Ordinance is for any reason declared to be invalid by 343 a court of competent jurisdiction, such decision shall not affect the validity of the 344 remaining portions of this Ordinance so long as enforcement of same can be given 345 the same effect. 346
34 7 Section 14. State Law.
348
349 This Ordinance does not affect, alter, or replace any applicable laws of the 350 State of Indiana or otherwise that affect or relate to the subject matter hereof. 351
352 Section 15. Effective Date.
353
354 This Ordinance shall be in full force and effect from and after its passage by 355 the Common Council and signing by the Mayor and such publication as required 356 by law. 357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
(This rest of this page is left intentionally, blank). C:\NRPortbl\ACTIVE\AULBRICHTVackson's Grant Village PUD Amendment\Jacksons Grant Village PUD amendment Final to council clean FAILED
SPONSOR: Councilor Minnaar
Councilor Green 380 PASS ED by the Common Council of the City of Carmel, Indiana, this __ day 381 of----� 2024, by a vote of ____ ayes and ___ nays. 382
383
384 COMMON COUNCIL FOR THE CITY OF CARMEL 385
386 Tony Green, President 387
388
389 Teresa Ayers 390
391
392 Ryan Locke 393
394
395 Rich Taylor 396
397
398 Jeff Worrell 399
400 ATTEST: 401
402
403 Jacob Quinn, Clerk 404 Adam Aasen-Vice President Dr. Anita Joshi Shannon Minnaar Matthew Snyder 405 406 407 408 Presented by me to the Mayor of the City of Carmel, Indiana this __ day of __ ----� 2024, at ______ .M. Jacob Quinn, Clerk 409 410 411 412 413 Approved by me, the Mayor of the City of Carmel, Indiana, this __ day of_ ----� 2024, at ______ .M. 414 415 ATTEST: 416
417 Jacob Quinn, Clerk 418
419 Sue Finkam, Mayor C:\NRPortbl\ACTIVE\AULBRICHT\Jackson's Grant Village PUD Amendment\Jacksons Grant Village PUD amendment Final to
council clean
FAILED
SPONSOR: Councilor Minnaar
420 EXHIBIT A
421 Legal Description of Real Estate
422
Councilor Green
423 The Real Estate referred to in the 2024 Amendment, situated in the City of Carmel, 424 County of Hamilton, State of Indiana, is described as follows: 425
426 A part of the Southeast Quarter of Section 34, Township 18 North, Range 3 East, in 427 Hamilton County, Indiana, described as follows: 428
429 Begin at a point 439.57 feet West of the Southeast corner of Section 34 in Township 18 430 North of Range 3 East; run thence West 191.2 feet to an iron stake; thence North 419.35 431 feet to an iron stake; thence East 191.2 feet to an iron stake; thence South 419.35 feet to the 432 place up beginning, containing 1.84 acres, more or less. 433
434 EXCEPTING THEREFROM that real estate having been conveyed to the City of Carmel, 435 Indiana, by Warranty Deed from Emma Lou Cunningham dated February 9, 2012 and 436 recorded April 10, 2012 as Instrument No. 201-201-8966, and being more particularly 437 described as follows: 438
439 A part of the Southeast Quarter of Section 34, Township 18 North, Range 3 East, in 440 Hamilton County, Indiana, described as follows: 441
442 Beginning at a point on the South line of said Section, South 89 degrees 17 minutes 57 443 seconds West 439.57 feet from the southeast corner of said Section; thence South 89 444 degrees 17 minutes 57 seconds West 191.20 feet along said South line; thence North 0 445 degrees 00 minutes 16 seconds East 25.00 feet; thence North 86 degrees 17 minutes 24 446 seconds East 191.59 feet; thence South O degrees 00 minutes 16 seconds West 35.07 feet to 447 the point of beginning and containing 0.132 acres, more or less. 448
449
450
451
452
453
454
455
456
457
458
459 C:\NRPortbl\ACTIVE\AULBRICHTVackson's Grant Village PUD Amendment\Jacksons Grant Village PUD amendment Final to council clean
SPONSOR: Councilor Minnaar
460 EXHIBIT B
461 Amended Conceptual Plan
Councilor Green
462 Approved 2020 Conceptual Plan vs. Amended Conceptual Plan Comparison
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
C:\NRPortbl\ACTIVE\AULBRICHTVackson's Grant Village PUD Amendment\Jacksons Grant Village PUD amendment Final to
council clean