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HomeMy WebLinkAboutPacket for PC 11-19-24 2024 Gramercy PUD Text Amendment “Gramercy East” PUD Text Amendment Ordinance Docket No. PZ-2024-00140 OA CITY OF CARMEL, INDIANA November 19, 2024 Plan Commission Applicant: Buckingham Properties, LLC Attorneys: Nelson & Frankenberger, LLC Jim Shinaver, Attorney Jon C. Dobosiewicz, Land Use Professional 317-844-0106 TABLE OF CONTENTS 1. Explanation of Request 2. Site Location Exhibit 3. Gramercy Existing Conditions Exhibit 4. Gramercy Master Development Plan Exhibit 5. Open Space Exhibit 6. Updated Architectural Character Exhibits 7. Red line Ordinance 8. 2024 Gramercy PUD Text Amendment – “Gramercy East” TAB 1 Explanation of Request 2024 Gramercy PUD Text Amendment – Gramercy East Behind Tab 7 is a red line ordinance which is the result of the applicant working with the Department on revisions to the ordinance (primarily references to Exhibit G of the Gramercy PUD) to preserve the vision and intent of the original Gramercy PUD Ordinance. In addition to the updated text provided in this submittal Buckingham has provided updated architectural exhibits for the proposed Townhome designs (See Tab 6). Other adjustments to the text of the PUD Amendment have been made at the request of DOCS Staff and are reflected in the Ordinance Red Line behind Tab 7. We look forward to presenting this request to the Plan Commission on November 19, 2024. Respectfully submitted, Explanation of request including in October 15 Plan Commission submittal: By way of general background, in 2006 the Carmel City Council approved the Gramercy Planned Unit Development District, Ordinance Number Z-493-06, (the “Gramercy PUD”) that permitted a mixed-use development on the former Mohawk Hills apartment property. Permitted uses within the Gramercy PUD include multi-family dwelling units, townhomes, senior housing, office and retail uses, as well as a hotel use. After adoption of the PUD in 2006 there were significant changes in the economy and housing industry that prevented the overall “plan” for the Gramercy PUD from advancing forward at that time. However, the circumstances that prevented the Gramercy PUD from proceeding in its entirety have now changed and Buckingham Properties, LLC (“Buckingham”) is now proposing an amendment to the Gramercy PUD with a plan designed as an urban residential development on a portion of the property and the zoning request is referred to as the “2024 Gramercy PUD Amendment Ordinance” (the “2024 Gramercy PUD Amendment”). The portion of the development that is the subject of the 2024 Gramercy PUD Amendment is referred to as “Gramercy East” and consists of approximately 33 acres located south of and adjacent to City Center Drive along the east and west sides of Kinzer Avenue, which real estate is shown and depicted on the site location map included with the submittal (the “Real Estate”) and included behind Tab 2 is a site location map with the boundaries of the Real Estate outlined in yellow. Additionally, the 2024 Gramercy PUD Amendment is a “sister-project’ to another Buckingham rezone proposal seeking C2-Mixed Use zoning for three (3) parcels of real estate that are located north of and adjacent to Carmel Drive and adjacent to intersection of AAA Way and Carmel Drive, which rezone request is referred to as the “Carmel Marketplace” and is identified by Docket Number PZ-2024-000117 Z, which rezone request was recently approved by the City Council on September 16, 2014. The conceptual site plans and building designs for both Gramercy East and the Carmel Marketplace were reviewed earlier in 2024 by both the City Council and Redevelopment Commission as part of Buckingham working on issues related to the Gramercy TIF. Further, both projects have been designed to complement each other, as well as complement the other new development that has occurred in the overall Gramercy area to date. The 2024 Gramercy PUD Amendment seeks a limited number of modifications to the underlying requirements of the Gramercy PUD. The vision for Gramercy East is to provide a walk- able, pedestrian friendly community with neighborhood-oriented retail uses. Gramercy East will consist of: (i) for-sale townhomes; (ii) for-sale condominiums over retail and structured parking; (iii) multi-family apartment buildings; (iv) renovation of some of the existing 2-story apartment buildings; (v) dedicated public park and plaza spaces; (vi) additional common area and open space areas; and, (vii) new pedestrian and vehicular connectivity. TAB 2 Existing Conditions Gramercy Development Plan N NTS Gramercy West David Weekley Gramercy South Townhomes 5.5 Acres (58 Townhome Units) Ki n z e r A v e Carmel Dr 126th Street Ki n z e r A v e Conceptual and subject to changeCtldbjtttttthhhhhConceptual and subject to changepjg 10/9/2021 Carmel Market Place Retail 3.97 Acres 20K of Retail (260 Multi-family Units) (450 Parking Spaces + A. C. D. E. F. G. Retention Basin B. H. Neighborhood Connection Neighborhood Connection Carmel Market Place 3.01 Acres (40 Townhome Units & 20 Condo Flat Units) Ex. Bldg Ex. Bldg Ex. Bldg Ex. Bldg Kinzer Ave Extension .95 Acres Existing Gramercy East Multi-family 2.99 Acres (80 Multi-family Units) Gramercy East Condos & Retail 2.75 Acres 48 Condo Units (1,800 SF Per Unit) over 8K of Retail & 55 Podium Parking Spaces Kinzer Ave Townhomes Opportunity 3.98 Acres (46 Townhome Units) Gramercy East Multi-family 13.49 Acres (315 Multi-family Units) 126th Street Towhhomes 3.08 Acres (52 Townhomes Units) Dedicated Park Space Opportunity 1.38 Acres Dem o Buil d i n g Demo Building Demo Building Garage Demo Demo Building Demo Building Demo Building TAB 3 Existing Conditions Gramercy Development Plan N NTS Gramercy West David Weekley Gramercy South Townhomes 5.5 Acres (58 Townhome Units) Ki n z e r A v e Carmel Dr 126th Street Ki n z e r A v e Conceptual and subject to changeCtldbjtttttthhhhhConceptual and subject to changepjg 10/9/2021 Carmel Market Place Retail 3.97 Acres 20K of Retail (260 Multi-family Units) (450 Parking Spaces + A. C. D. E. F. G. Retention Basin B. H. Neighborhood Connection Neighborhood Connection Carmel Market Place 3.01 Acres (40 Townhome Units & 20 Condo Flat Units) Ex. Bldg Ex. Bldg Ex. Bldg Ex. Bldg Kinzer Ave Extension .95 Acres Existing Gramercy East Multi-family 2.99 Acres (80 Multi-family Units) Gramercy East Condos & Retail 2.75 Acres 48 Condo Units (1,800 SF Per Unit) over 8K of Retail & 55 Podium Parking Spaces Kinzer Ave Townhomes Opportunity 3.98 Acres (46 Townhome Units) Gramercy East Multi-family 13.49 Acres (315 Multi-family Units) 126th Street Towhhomes 3.08 Acres (52 Townhomes Units) Dedicated Park Space Opportunity 1.38 Acres Dem o Buil d i n g Demo Building Demo Building Garage Demo Demo Building Demo Building Demo Building TAB 4 Gramercy | Carmel Marketplace Development Master Plan N NTS Gramercy West David Weekley Gramercy South Townhomes 5.5 Acres (69 Townhome Units) Ki n z e r A v e Carmel Dr 126th Street Ki n z e r A v e 11/13/2024 A. C. D. E. F. Stormwater Park, typ. Retention Basin Dedicated Open Space A m e n i t y / Ba s k e t b a l l Po o l Dedicated Open Space B. Dedicated Open Space Neighborhood Connection Neighborhood Connection Ex. Bldg Ex. Bldg Ex. Bldg Ex. Bldg Kinzer Ave Extension .95 Acres Pool Plaza Carmel Market Place Retail 3.97 Acres 20K of Retail (260 Multi-family Units) (516 Parking Spaces ) G. H. Parking Garage 20K Retail Carmel Market Place 3.01 Acres (40 Townhome Units) (105 Age Restricted Units) +55 Older Tr a i l Dedicated Open Space Trail Existing Gramercy East Multi-family 2.99 Acres (64 Multi-family Units) Gramercy East Condos & Retail 2.75 Acres +/- 30 Condos + 8K of Retail & Podium Parking Spaces Kinzer Ave Townhomes Opportunity 3.98 Acres (43 Townhome Units) Gramercy East Multi-family 13.19 Acres (342 Multi-family Units) 126th Street Towhhomes 3.38 Acres (63 Townhomes Units) Dedicated Park Space Opportunity 1.38 Acres Shown for reference only as its not included in Gramercy PUD Tr a i l Tr a i l Ex . T r a i l TAB 5 Gramercy | Carmel Marketplace Development Master Plan N NTS Gramercy West David Weekley Gramercy South Townhomes 5.5 Acres (61 Townhome Units) Ki n z e r A v e Carmel Dr 126th Street Ki n z e r A v e Conceptual and subject to change 03/11/2024 A. C. D. E. F. Stormwater Park, typ. Retention Basin Dedicated Open Space Am e n i t y / Ba s k e t b a l l Po o l Dedicated Open Space B. Dedicated Open Space Neighborhood Connection Neighborhood Connection Ex. Bldg Ex. Bldg Ex. Bldg Ex. Bldg Kinzer Ave Extension .95 Acres Pool Plaza Carmel Market Place Retail 3.97 Acres 20K of Retail (260 Multi-family Units) (516 Parking Spaces ) G. H. Parking Garage 20K Retail Carmel Market Place 3.01 Acres (40 Townhome Units) (105 Age Restricted Units) +55 Older Tr a i l Dedicated Open Space Existing Gramercy East Multi-family 2.99 Acres (64 Multi-family Units) Gramercy East Condos & Retail 2.75 Acres +/- 30 Condos + 8K of Retail & Podium Parking Spaces Kinzer Ave Townhomes Opportunity 3.98 Acres (43 Townhome Units) Gramercy East Multi-family 13.19 Acres (342 Multi-family Units) 126th Street Towhhomes 3.38 Acres (63 Townhomes Units) Dedicated Park Space Opportunity 1.38 Acres TAB 6 Gramercy Development Master Plan Conceptual and subject to change Area C Area D Area C 11/07/2024 Gramercy Development Master Plan Conceptual and subject to change 11/13/2024 Front Elevation Rear Elevation Front Elevation Rear Elevation TAB 7 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. OnlyAll requirements included in 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 followfollowing 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 those Uses identified as permitteda Permitted Use in Area C, on Exhibit “F” 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. 5. Model Home(s), Home Occupations, and Temporary Uses shall be permitted per the terms of the UDO. 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. 1. The minimum setback along City Center Drive shall be five (5) feet. 2. No minimum setback shall apply other than as noted above in this Section 4.D. Section 5. Accessory Buildings: Section 5 of the Gramercy PUD shall apply. Section 6. Landscaping: Section 6 of the Gramercy PUD shall apply. 6 Section 7. Lighting: Section 7 of the Gramercy PUD shall apply. Section 8. Parking: Section 8 of the Gramercy PUD shall apply.be amended as follows: A. Bicycle Parking: Long term and short term bicycle parking on the Real Estate shall comply with Section 5.29 of the UDO. Section 9. Signage: Section 9 of the Gramercy PUD shall not 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 standardsThe Sign Standards of the UDO under as part of an ADLS Applicationshall 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: 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 7 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. 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. 8 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). 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 (See Following Page) 14 Exhibit D Architectural Character Imagery (See Following 42 Pages) 15 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 0814247 111224 TAB 8 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. All requirements included in 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. 4 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 following shall apply: 1. Multi-family and Townhome Uses shall be as illustrated on the Gramercy Development Master Plan. 5 2. Permitted Non-Residential Uses shall be those Uses identified as a Permitted Use in Area C, on Exhibit “F” 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. 5. Model Home(s), Home Occupations, and Temporary Uses shall be permitted per the terms of the UDO. 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. 1. The minimum setback along City Center Drive shall be five (5) feet. 2. No minimum setback shall apply other than as noted above in this Section 4.D. 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 be amended as follows: 6 A. Bicycle Parking: Long term and short term bicycle parking on the Real Estate shall comply with Section 5.29 of the UDO. 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: 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 7 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. 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. 8 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). 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 (See Following Page) Gramercy | Carmel Marketplace Development Master Plan N NTS Gramercy West David Weekley Gramercy South Townhomes 5.5 Acres (69 Townhome Units) Ki n z e r A v e Carmel Dr 126th Street Ki n z e r A v e 11/13/2024 A. C. D. E. F. Stormwater Park, typ. Retention Basin Dedicated Open Space A m e n i t y / Ba s k e t b a l l Po o l Dedicated Open Space B. Dedicated Open Space Neighborhood Connection Neighborhood Connection Ex. Bldg Ex. Bldg Ex. Bldg Ex. Bldg Kinzer Ave Extension .95 Acres Pool Plaza Carmel Market Place Retail 3.97 Acres 20K of Retail (260 Multi-family Units) (516 Parking Spaces ) G. H. Parking Garage 20K Retail Carmel Market Place 3.01 Acres (40 Townhome Units) (105 Age Restricted Units) +55 Older Tr a i l Dedicated Open Space Trail Existing Gramercy East Multi-family 2.99 Acres (64 Multi-family Units) Gramercy East Condos & Retail 2.75 Acres +/- 30 Condos + 8K of Retail & Podium Parking Spaces Kinzer Ave Townhomes Opportunity 3.98 Acres (43 Townhome Units) Gramercy East Multi-family 13.19 Acres (342 Multi-family Units) 126th Street Towhhomes 3.38 Acres (63 Townhomes Units) Dedicated Park Space Opportunity 1.38 Acres Shown for reference only as its not included in Gramercy PUD Tr a i l Tr a i l Ex . T r a i l Gramercy | Carmel Marketplace Development Master Plan N NTS Gramercy West David Weekley Gramercy South Townhomes 5.5 Acres (61 Townhome Units) Ki n z e r A v e Carmel Dr 126th Street Ki n z e r A v e Conceptual and subject to change 03/11/2024 A. C. D. E. F. Stormwater Park, typ. Retention Basin Dedicated Open Space Am e n i t y / Ba s k e t b a l l Po o l Dedicated Open Space B. Dedicated Open Space Neighborhood Connection Neighborhood Connection Ex. Bldg Ex. Bldg Ex. Bldg Ex. Bldg Kinzer Ave Extension .95 Acres Pool Plaza Carmel Market Place Retail 3.97 Acres 20K of Retail (260 Multi-family Units) (516 Parking Spaces ) G. H. Parking Garage 20K Retail Carmel Market Place 3.01 Acres (40 Townhome Units) (105 Age Restricted Units) +55 Older Tr a i l Dedicated Open Space Existing Gramercy East Multi-family 2.99 Acres (64 Multi-family Units) Gramercy East Condos & Retail 2.75 Acres +/- 30 Condos + 8K of Retail & Podium Parking Spaces Kinzer Ave Townhomes Opportunity 3.98 Acres (43 Townhome Units) Gramercy East Multi-family 13.19 Acres (342 Multi-family Units) 126th Street Towhhomes 3.38 Acres (63 Townhomes Units) Dedicated Park Space Opportunity 1.38 Acres 13 Exhibit D Architectural Character Imagery (See Following 2 Pages) Gramercy Development Master Plan Conceptual and subject to change Area C Area D Area C 11/07/2024 Gramercy Development Master Plan Conceptual and subject to change 11/13/2024 Front Elevation Rear Elevation Front Elevation Rear Elevation 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 7 111224