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Home My WebLink AboutGramercy PUD - red line ordinance 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 2 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: 3 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. 1.2. 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 1.7.1 – Streets: 2.a. Streets shall be as illustrated on the Gramercy Development Master Plan. Block lengths less than 100’ shall be permitted. 3.b. Section 1.7.4, Section 1.7.5 and Section 1.7.6, shall not apply, as theThe 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. 4 6. Section II of the Design and Development Standards shall not apply to multi-family, mixed-use and townhome buildings, rather the following shall apply: as amended below: 4.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: 5 1. Multi-family and Townhome Uses shall be as illustrated on the Gramercy Development Master Plan. 2. Permitted Non-Residential Uses shall be asthose 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 apply. However, the Plan Commission may approve a sign package for the Real Estate including a number, location and design of signs that differs from the standards of the UDO under as part of an ADLS Applicationnot apply. The Sign Standards of the UDO shall apply. 6 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: 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. 7 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. 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. 8 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). 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. 9 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 10 Exhibit A Real Estate 11 Exhibit B Existing Conditions – Gramercy Development Plan 12 Exhibit C Gramercy Development Master Plan 13 Exhibit D Architectural Character Imagery (See Following 4___ Pages) 14 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 4 0814246 102424