HomeMy WebLinkAboutGramercy PUD - 2024 Amendment - Draft 10-25-24 Sponsor: Councilor ______
ORDINANCE Z-____-24
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
AMENDING THE GRAMERCY
PLANNED UNIT DEVELOPMENT DISTRICT (Z-493-06)
Synopsis:
Ordinance establishes an Amendment to the Gramercy Planned Unit Development District
Ordinance, Ordinance Number Z-493-06 which Amendment shall be referred to as the 2024
Gramercy PUD Amendment Ordinance (the “2024 Gramercy PUD Amendment”). The 2024
Gramercy PUD Amendment amends certain provisions of the original Gramercy PUD
Ordinance Number Z-493-06 (as amended), pertaining to the existing conditions, the
Development Plan, and building architecture.
WHEREAS, Articles 4.02 and 9.05 of the Carmel Unified Development Ordinance,
Ordinance Z-625-17, as amended (the “Unified Development Ordinance” or “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.; and
WHEREAS, the Carmel Common Council (the “Common Council”) adopted the
Gramercy Planned Unit Development Ordinance, Ordinance Number Z-493-06, on August 21,
2006, which established the Gramercy PUD District, and
WHEREAS, the Common Council amended the Gramercy PUD District by the
enactment Ordinance Z-630-18, on April 17, 2018, (collectively, the “Gramercy PUD”); and
WHEREAS, Buckingham Properties, LLC (“Buckingham”) submitted an application to
the Carmel Plan Commission (the “Plan Commission”) to amend the Gramercy PUD with this
amendment (the “2024 Gramercy PUD Amendment’) 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 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 October 15, 2024 regarding the 2024
Gramercy PUD Amendment, which application was docketed as PZ-2024-00140 OA, and
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WHEREAS, the Plan Commission has given a _________ recommendation to this 2024
Gramercy PUD Amendment, which 2024 Gramercy PUD Amendment amends certain
provisions of the Gramercy PUD with respect to the Real Estate.
NOW, THEREFORE, BE IT ORDAINED by the Common Council, that: (i) pursuant to
IC §36-7-4-1500 et seq., the Common Council adopts this 2024 Gramercy PUD Amendment
Ordinance, as an amendment to the Zone Map; (ii) all prior ordinances or parts thereof
inconsistent with any provision of this 2024 Gramercy PUD Amendment 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 this 2024 Gramercy PUD Amendment; and, (iv) this 2024 Gramercy PUD
Amendment shall be in full force and effect from and after its passage and signing.
Section 1. Applicability of Ordinance:
A. Development of the Real Estate shall be governed entirely by (i) the
provisions of this 2024 Gramercy PUD Amendment and its exhibits, and
(ii) those provisions of the Gramercy PUD, as amended by this 2024
Gramercy PUD Amendment.
B. All provisions of the Gramercy PUD not affected by this 2024 Gramercy
PUD Amendment shall continue, unchanged, and the Gramercy PUD
Ordinance, as amended, shall remain in full force and effect.
Section 2. Current Conditions and Structures: Section 2 of the Gramercy PUD shall be
amended as follows:
A. Exhibit “B” of the Gramercy PUD shall be replaced by superseded by
Exhibit B of this 2024 Gramercy PUD Amendment which is an aerial
photograph depicting the boundaries of the Real Estate outlined in red
(the “Existing Conditions – Gramercy Development Plan”).
Section 3: Platting: Section 3 of the Gramercy PUD shall be amended as follows and within
Section 10.B of this 2024 Gramercy PUD Amendment:
A. Platting of the Real Estate into smaller parcels shall be permitted but
not required to split the Real Estate into smaller parcels. However,
parcel that are less than 0.5 acres in area shall require a Secondary Plat.
B. All Plats of the Real Estate shall be developed in substantial compliance
with the Gramercy Development Master Plan hereby incorporated and
attached as Exhibit C subject to Development Plan Approval by the
Plan Commission.
Section 4: Design and Development Standards and Permitted Uses: Section 4 of the
Gramercy PUD shall be amended as follows:
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A. Design and Development Standards: Section 4.1 of the Gramercy
PUD shall not apply. Only Exhibit “G” of the Gramercy PUD (the
“Gramercy Design and Development Standards”), shall apply as
amended below:
1. Section 1.1 The Conceptual Plan for the Real Estate shall be
replaced and superseded by the Gramercy Development Master
Plan.
2. Section 1.2 - Open Spaces and Parks shall be in the locations
and sizes as generally depicted on the Gramercy Development
Master Plan.
a. The Gramercy Development Master Plan illustrates the
location of the public plaza in Area D.
b. All requirements pertaining to a clock tower shall not
apply. Imagery and standards pertaining to the Area D
plaza shall apply.
c. The minimum open space/park requirement of 2 acre park
shall apply to noncontiguous areas.
d. An open/park spaces Exhibit is included as Exhibit C-1.
e. Plazas - The Area D public plaza design shall be as
approved by Carmel Parks Department and Carmel
Redevelopment Commission.
3. Section 1.5 General Parking Standards: Parking for Multi-family
Uses shall be a minimum of 1.3 spaces per dwelling.
4. Section 1.6 shall not apply.
5. Section 1.7 Streets:
a. Streets shall be as illustrated on the Gramercy Development
Master Plan. Block lengths less than 100’ shall be
permitted.
b. The Gramercy Development Master Plan shall apply to the
Development of the Real Estate as required under this 2024
Gramercy PUD Amendment. Where conflicts exist between
the Gramercy Development Master Plan and Section 1.7 the
Gramercy Development Master Plan shall apply.
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6. Section II of the Design and Development Standards shall apply to
multi-family, mixed-use and townhome buildings, as amended
below:
a. Architectural Character Imagery, indicating conceptually
the intended architecture and appearance of buildings to be
constructed are contained within Exhibit D. Building
Architecture shall be substantially compliant with the
Architectural Imagery, as determined by the Director.
b. 2.2.1 Building Design Standards shall apply except as
amended below:
i. “End or corner segments of buildings should
generally have an additional level, decorative
articulation or roof detail” shall not apply.
ii. Buildings shall be oriented generally in accordance
w/ the Conceptual Master Plan (?)
c. 2.3 Materials Standards shall apply except as amended
below:
i. Building Materials shall be consistent with the
Architectural Character Imagery Included in
Exhibit D.
d. 2.3.1 Window Standards shall apply as amended below:
i. Mixed use building shall have a minimum 30%
glass on the first floor.
e. 2.5 Roofs and Cornices shall not apply. Roofs and
Cornices shall be consistent with the Architectural
Character Imagery Included in Exhibit D.
f. 2.6 Accents and Projections shall not apply. Accents and
Projections shall be consistent with the Architectural
Character Imagery Included in Exhibit D.
B. Permitted Uses and Use Areas: Section 4.2 of the Gramercy PUD shall not
apply, rather the follow shall apply:
1. Multi-family and Townhome Uses shall be as illustrated on the
Gramercy Development Master Plan.
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2. Permitted Non-Residential Uses shall be those Uses permitted in
Use Area C of the Gramercy PUD.
3. The Real Estate shall be developed in substantial compliance with
the Existing Conditions – Gramercy Development Plan and
Gramercy Development Master Plan, attached hereto as
Exhibit B and Exhibit C, respectively, subject to Development
Plan Approval by the Plan Commission.
4. Limitation on Uses: The maximum number of Dwellings
permitted on the Real Estate shall be as indicated on the Gramercy
Development Master Plan attached hereto as Exhibit C.
C. Building Height. Section 4.3 Building Height shall not apply.
1. The Exhibit E Use Map and definitions of the Areas shall not
apply.
2. Maximum building height by product type shall be as follows:
a. Townhome: Fifty (50) feet.
b. Multifamily: Fifty (50) feet.
c. Mixed Use: Seventy-five (75) feet.
3. Exhibit D Building Height Map shall not apply.
D. Section 4.4B of the Gramercy PUD shall not apply. No minimum setback
shall apply.
Section 5. Accessory Buildings: Section 5 of the Gramercy PUD shall apply.
Section 6. Landscaping: Section 6 of the Gramercy PUD shall apply.
Section 7. Lighting: Section 7 of the Gramercy PUD shall apply.
Section 8. Parking: Section 8 of the Gramercy PUD shall apply.
Section 9. Signage: Section 9 of the Gramercy PUD shall not apply. The Sign Standards of
the UDO shall apply.
Section 10. Approval Process (Procedural Provisions). Section 10 of the Gramercy PUD
shall be replaced and superseded by the following:
A. Development Plan Approval / ADLS Approval:
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1. Development Plan (“DP”) and/or architectural design, exterior
lighting, landscaping and signage (“ADLS”) approval by the Plan
Commission, as prescribed in UDO, shall be required prior to the
issuance of an Improvement Location Permit to determine if the
DP and ADLS satisfy the Development Requirements specified
within this 2024 Gramercy PUD Amendment.
2. The Real Estate shall be developed in substantial compliance with
the Gramercy Development Master Plan. Substantial
compliance shall be regulated in the same manner as the
“substantially or materially altered” provisions of the UDO as it
applies to Development Plans.
3. ADLS Approval by the Plan Commission shall be required for
all buildings and site improvements.
4. If there is a Substantial Alteration in any approved DP or ADLS,
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.
5. All prior DP/ADLS approvals, shall not apply to the Real Estate.
B. Primary Plat. A Development Plan approved by the Plan Commission
shall be, upon approval, the Primary Plat of the Real Estate.
C. 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 Development Plan/Primary
Plat and is in conformance with the Development Requirements of this
2024 Gramercy PUD Amendment. 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.
D. 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 2024 Gramercy PUD Amendment may be granted up to
a maximum of thirty-five (35) percent of the specified standard.
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E. Variance of Development Requirements. The BZA may authorize
Variances from the terms of the 2024 Gramercy PUD Amendment, subject
to the procedures prescribed in the UDO.
Section 11. Construction Activity and Construction Traffic. Section 11 of the Gramercy
PUD shall apply.
Section 12. Rules of Construction. Section 12 of the Gramercy PUD shall apply.
Section 13. Violations. Section 13 of the Gramercy PUD shall be replaced with the
following:
A. All violations and enforcement of this 2024 Gramercy PUD Amendment
shall be subject to the requirements of the UDO.
Section 14. Definitions. The definitions (i) of the capitalized terms set forth below in this
Section 14, as they appear throughout this 2024 Gramercy PUD Amendment, shall
have the meanings set forth below and (ii) all other capitalized terms included in
this 2024 Gramercy PUD Amendment and shall be the same as set forth in the
Gramercy PUD unless otherwise amended by this 2024 Gramercy PUD
Amendment, and UDO unless amended by the Gramercy PUD.
Architectural Character Imagery: These comprise the elevations and
perspectives, attached hereto Exhibit D (Architectural Character
Imagery). The Architectural Character Imagery shall be the basis for the
development of final building designs provided all applicable
Development Requirements are met, including ADLS Approval. All
Structures shall be developed in substantial compliance with the
Architectural Character Imagery, as determined by the Director,
subject to ADLS Approval by the Plan Commission.
Development Requirements: Written development standards and any
written requirements specified in this 2024 Gramercy Amendment PUD,
which must be satisfied in connection with the approval of a Development
Plan and Building Permits.
Director: The Director of the Department of Community Services of the
City of Carmel.
Gramercy Development Master Plan: The general plan for the
development of the Real Estate, including but not limited to buildings,
lots, streets and common areas attached hereto as Exhibit C (Gramercy
Development Master Plan).
Real Estate: The Real Estate legally described in Exhibit A (Legal
Description).
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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.
Section 15. This 2024 Gramercy Amendment shall be in full force and effect from and after
its passage by the Common Council and signing by the Mayor.
Section 16. Exhibits. All of the Exhibits (A-D) on the following pages are attached to this
2024 Gramercy PUD Amendment Ordinance, are incorporated by reference into
this 2024 Gramercy PUD Amendment and are part of this 2024 Gramercy PUD
Amendment.
The remainder of this page is left blank intentionally.
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Exhibit List
Exhibit A – Legal Description
Exhibit B – Existing Conditions – Gramercy Development Plan
Exhibit C – Gramercy Development Master Plan
Exhibit C1 – Open Space Exhibit
Exhibit D – Architectural Character Imagery
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Exhibit A
Real Estate
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Exhibit B
Existing Conditions – Gramercy Development Plan
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Exhibit C
Gramercy Development Master Plan
13
Exhibit D
Architectural Character Imagery
(See Following ___ Pages)
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AREA C MULTIFAMILY CONCEPT DESIGN - FRONT OPTION 2
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AREA C MULTIFAMILY CONCEPT DESIGN - BACK OPTION 1
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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.
Gramercy PUD - 2024 Amendment - Draft 6 102424