HomeMy WebLinkAboutPUD Ordinance_DRAFT 11-20-24
Sponsors:________________
CARMEL, INDIANA
US 421-WCD
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE Z-___-25
November 20, 2024
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TABLE OF CONTENTS
Page
Section 1. Applicability of Ordinance .............................................................................................. 4
Section 2. Definitions ....................................................................................................................... 4
Section 3. Underlying Zoning District, Permitted Uses .................................................................. 5
Section 4. Development Standards .................................................................................................. 6
Section 5. Development Standards ................................................................................................ 10
Section 6. Right-of-way and Access Standards ............................................................................. 10
Section 7. Procedural Provisions ...............................................................................................10
Section 8. Controlling Developer’s Consent .............................................................................11
Section 9. Violations and Enforcement .....................................................................................11
Section 10. Exhibits .....................................................................................................................11
Exhibit A Legal Description
Exhibit B Concept Plan
Exhibit C Architectural Character Imagery – 3-story buildings
Exhibit D Architectural Character Imagery – 4-story buildings
Exhibit E Character Imagery – Amenities and Exterior Spaces
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Sponsors: ________________
ORDINANCE Z-___-24
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING
THE US 421-WCD PLANNED UNIT DEVELOPMENT DISTRICT
Synopsis:
Ordinance Establishes the US 421-WCD Planned Unit Development District Ordinance (the
“US 421-WCD PUD”). The Ordinance would rezone the real estate from I-1 Industrial to a
Planned Unit Development district allowing the development of a mixed-use development
including multi-family and commercial uses as depicted on the Concept Plan (attached as
Exhibit B).
WHEREAS, Articles 4.02 and 9.05 of the Carmel Unified Development Ordinance,
Ordinance Z-625-17, as amended (the “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. (the
“PUD Statute”); and
WHEREAS, Edward Rose Properties, Inc., (“Edward Rose”), submitted an application
to the Carmel Plan Commission (the “Plan Commission”) to adopt a PUD District Ordinance 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, Edward Rose’s 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 _______ __, 2025 concerning
Edward Rose’s application for a PUD District Ordinance, which application was docketed as PZ-
2024-00___ PUD, and
WHEREAS, the Plan Commission, at its hearing on __________, 2025, has given a
_______________ recommendation to this US 421-WCD PUD (the “US 421-WCD
Ordinance”), which establishes the US 421-WCD Planned Unit Development District (the “US
421-WCD District”).
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana (the “Council”), that: (i) pursuant to IC §36-7-4-1500 et seq., the Council adopts
this US 421-WCD Ordinance, as an amendment to the Zone Map; (ii) all prior ordinances or
parts thereof inconsistent with any provision of this US 421-WCD Ordinance 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
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and superseded by this US 421-WCD Ordinance; and, (iv) this US 421-WCD Ordinance shall be
in full force and effect from and after its passage and signing.
Section 1. Applicability of Ordinance.
Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a Planned
Unit Development District to be known as the US 421-WCD District.
Section 1.2 Development in the US 421-WCD District shall be governed entirely by
(i) the provisions of this US 421-WCD Ordinance and its exhibits, and (ii)
those provisions of the UDO specifically referenced in this US 421-WCD
Ordinance. Where this US 421-WCD Ordinance is silent, the applicable
standards of the UDO shall apply.
Section 2. Definitions and Rules of Construction.
Section 2.1 General Rules of Construction. The following general rules of
construction and definitions shall apply to the US 421-WCD Ordinance:
A. The singular number includes the plural and the plural the singular, unless
the context clearly indicates the contrary.
B. Words used in the present tense include the past and future tenses, and the
future the present.
C. The word “shall” indicates a mandatory requirement. The word “may”
indicates a permissive requirement.
Section 2.2 Definitions. The definitions (i) of the capitalized terms set forth below in
this Section 2.2, as they appear throughout this US 421-WCD Ordinance, shall have the
meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms
included in this US 421-WCD Ordinance and not defined below in this Section 2.2, shall
be the same as set forth in the UDO.
“ADLS”: The architecture, design, exterior lighting, landscaping and signage
associated with a Building.
“ADLS Approval”: Approval by the Plan Commission of architecture, design,
lighting and landscaping and signage pursuant to the procedures for ADLS review
of the UDO and the Development Requirements.
Area A: The area identified as “Area A” on page 2 of 2 of Exhibit B (Concept
Plan).
Area B: The area identified as “Area B” on page 2 of 2 of Exhibit B (Concept
Plan.
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Architectural Character Imagery: These comprise the images attached hereto as
Exhibit C (Architectural Character Imagery – 3-story buildings), and Exhibit D
(Architectural Character Imagery – 4-story buildings).
Concept Plan: The general plan for the development of the Real Estate, including
but not limited to Buildings, Lots, streets and green space areas attached hereto as
Exhibit B (Concept Plan).
Controlling Developer: Shall mean Edward Rose Properties, Inc. or the owner of
the Real Estate at the time of adoption of the US 421-WCD Ordinance, until such
time as Edward Rose or the owner transfers or assigns, in writing, its rights as
Controlling Developer.
Development Requirements: Written development standards and any written
requirements specified in this US 421-WCD Ordinance, which must be satisfied
in connection with the approval of a Development Plan and Building Permits.
Plan Commission: The City’s Plan Commission.
Real Estate: The Real Estate legally described in Exhibit A (Legal Description).
Underlying Zoning Districts: The zoning district(s) of the UDO specified in this
US 421-WCD Ordinance which include applicable Development Requirements
applicable to the development of the Real Estate as specified in this US 421-WCD
Ordinance.
Unified Development Ordinance (or “UDO”): The Unified Development
Ordinance, Ordinance Z-625-17, of the City of Carmel, Hamilton County,
Indiana, as amended.
Zone Map: The City’s official Zone Map corresponding to the UDO.
Section 3. Underlying Zoning District and Permitted Uses.
Section 3.1 Underlying Zoning Districts: The Conceptual Plan divides the District into
two (2) Areas: Area A and Area B. The Underlying Zoning District for each Area shall
be as set forth below:
A. Area A: I1 (Industrial) District.
B. Area B: B3 (Business) District Subject to the US 421- Michigan Road
Overlay District.
Section 3.2 Permitted Uses: The Conceptual Plan divides the District into two (2)
Areas: Area A (Residential), Area B (Commercial). The Permitted Uses within each Area
shall be as set forth below:
A. Area A: All Uses permitted in the Underlying Zoning District and Multi-
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family Residential Dwellings.
B. All Permitted Uses in the B3 Business District of the UDO.
Section 3.3 Special Uses: Special Uses shall be permitted as set forth in the Use Table
and shall be subject to review and subsequent approval pursuant to the requirements of
the UDO.
Section 3.4 Non-Conforming Uses: Non-Conforming Uses and exemptions shall be
subject to the requirements of the UDO.
Section 4. Development Standards.
Section 4.1 Bulk Requirements: The following standards shall apply.
A. Minimum Lot Area: 0 acres
B. Minimum Lot Width: Not applicable
C. Minimum Lot Frontage: Not Applicable
D. Public Utilities: required community water and sanitary sewer system
hookup
E. Minimum Front Yard: 5 feet as measured form a public street
F. Minimum Side Yard Setback: 5 feet
G. Minimum Rear Yard Setback: 5 feet
H. Maximum Lot Coverage: 90% (applies to the Real Estate)
I. Minimum Living Area per Dwelling: Not Applicable
J. Minimum Ground Floor Area: Not applicable
K. Maximum Building Height: Sixty (60) feet
Section 4.2 Accessory Building and Uses: Accessory Buildings and Uses shall be
permitted subject to the terms and restrictions of the UDO applicable to the Underlying
Zoning District as amended by this Section 4.
Section 4.3 Architecture, Amenities and Exterior Spaces:
A. Architectural Character Imagery: The Applicable architectural Character
Imagery indicating conceptually the intended architecture and appearance
of Multi-family Dwellings are contained within the images attached hereto
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as Exhibit C (Architectural Character Imagery – 3-story buildings), and
Exhibit D (Architectural Character Imagery – 4-story buildings).
B. Building Architecture:
1. Area A: The architectural design of all buildings in Area A of this US
421-WCD PUD shall be generally consistent with the illustrations
included in Exhibit C (Architectural Character Imagery – 3-story
buildings), and Exhibit D (Architectural Character Imagery – 4-story
buildings), subject to ADLS Approval.
2. Area B: Buildings in Area B shall comply with the architectural
standards of the US 421 – Michigan Road Overlay District.
C. Amenities: The amenities identified below shall be provided in Area A:
1. Coworking space with private offices/workstations and private
meeting rooms,
2. Fitness area,
3. Pool, sundeck, and cabanas,
4. fire pits or fire tables,
5. Grilling areas,
6. Event suite,
7. Roof terrace,
8. Gathering spaces,
9. Pet grooming spa, leash-free pet park, and
10. EV charging.
D. Exterior Spaces: Exterior Spaces shall be generally consistent with the
illustrations included in Exhibit E (Character Imagery – Amenities and
Exterior Spaces), subject to ADLS Approval.
Section 4.4 Density and Intensity Standards: The maximum number of Residential
Dwellings shall be three hundred and sixty (360).
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Section 4.5 Fence and Wall: The Fence and Wall Standards of the UDO shall apply to
the Real Estate.
Section 4.6 Floodplain: The Floodplain Standards of the UDO shall apply to the Real
Estate.
Section 4.7 Grading and Drainage: The Grading and Drainage Standards of the UDO
shall apply to the Real Estate.
Section 4.8 Height: The Height standards of the UDO shall apply to Area B.
Section 4.9 Home Occupations, Private Swimming Pools and Residential Kennels:
Home Occupations, Private Swimming Pools and Residential Kennels shall be permitted
in Area A and shall be subject to the requirements of the UDO.
Section 4.10 Landscaping. Landscaping shall comply with Section 5.19 of the UDO
except as modified below:
A. Landscaped Areas.
1. Bufferyards:
a. Bufferyards shall not be required between (i) uses internal
to the Real Estate and (ii) between Area A and Area B.
b. All required Bufferyards shall be a minimum of five (5)
feet in width.
c. Type B Bufferyard plantings shall be required along the
external perimeter of Area A.
d. A Type A Bufferyard plantings shall be required along the
external perimeter of Area B.
e. Bufferyard plantings and perimeter parking lots plantings
shall not be cumulative, the greater planting standard shall
apply.
f. A Tree Preservation area shall be provided in the northwest
corner of the Real Estate as generally depicted on the
Concept Plan.
2. Street Trees shall be required along public right of way per Section
5.19.F.2. of the UDO.
3. Foundation plantings shall be required per the standards of Section
5.19.F.3 of the UDO.
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4. Parking lot plantings shall be required per the standards of Section
5.19.F.4 of the UDO.
Section 4.11 Lot: The Lot standards of the UDO shall apply to the Real Estate.
Section 4.12 Outdoor Display and Storage: The Outdoor Display and Storage standards
of the UDO shall apply to the Real Estate.
Section 4.13 General Parking Standards: Parking shall comply with Section 5.28 of the
UDO, except as modified below:
A. One and one-half (1.5) spaces per Dwelling shall be required.
B. Parking Spaces (i) within driveways, (ii) within garages, and (iii) on-street
parking shall count toward the number of required parking spaces.
C. Drive aisles shall be twenty-four (24) feet in width.
Section 4.14 Recreational Vehicle: The Recreational Vehicle standards of the UDO
shall apply to the Real Estate.
Section 4.15 Premises Identification: The Premises Identification standards of the UDO
shall apply to the Real Estate.
Section 4.16 Setback: The Setback standards of the UDO shall apply to the Real Estate.
Section 4.17 Signage Requirements. All signage on the Real Estate shall comply with
the UDO.
Section 4.18 Temporary Uses and Structures: Temporary Uses and Structures shall be
permitted as set forth in the Use Table and shall be subject to the requirements of the
UDO.
Section 4.19 Telecommunication Facility: The Telecommunication Facility standards
of the UDO shall apply to the Real Estate.
Section 4.20 Use Specific Standards: The Use Specific Standards of the UDO shall
apply to the Real Estate.
Section 4.21 Utility Service: The Utility Service standards of the UDO shall apply to
the Real Estate.
Section 4.22 Vision Clearance: The Vision Clearance Standards of the UDO shall apply
to the Real Estate.
Section 4.23 Weed and Solid Waste: The Wedd and Solid Waste standards of the UDO
shall apply to the Real Estate.
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Section 4.24 Wellhead Protection: The Wellhead Protection Standards of the UDO
shall apply to the Real Estate.
Section 4.25 Wireless Support Structure: The Wireless Support Structure standards of
the UDO shall apply to Area A.
Section 4.26 General Yard Standards: The General Yard Standards of the UDO shall
apply to the Real Estate.
Section 4.27 Lighting: Lighting in Area A shall comply with Section 3.92 (421-OL
Lighting Standards) of the UDO.
Section 5. US 421 - Michigan Road Overlay District.
Section 5.1 Section 3.83 (US 421 – Michigan Road Overlay District) shall apply to
Area B of the Real Estate except as modified below:
A. The Minimum Tract size shall be as generally illustrated as Area B on
the Concept Plan.
B. Greenbelt Width: A landscape greenbelt area shall extend along the
right-of-way of U.S. Highway 421 with a minimum width of thirty
(30) feet from the edge of the existing sidewalk.
Section 6. Right-of-way and Access Standards.
Section 6.1 Right-of-way Standards.
A. Internal street widths and cross-sections shall be designed to meet
the City of Carmel Local Street Standards. Internal streets shall be
located as illustrated on Page 2 of the Concept Plan.
B. The configuration of vehicular access into the Real Estate shall be
provided as illustrated on the Concept Plan.
C. One (1) vehicular access shall be permitted from Michigan Road as
generally illustrated on the Concept Plan.
Section 6.2 Road Improvement Requirements. Development of the Real Estate meets
all applicable Thoroughfare Plan related improvement requirements as
identified in and required under the UDO by construction of the street
connections and layout as illustrated on Page 2 of the Concept Plan
(Public Streets).
Section 7. Procedural Provisions.
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Section 7.1 Development Plan (DP), ADLS, and Plat (Primary and Secondary). The
Plan Commission may authorize DP, ADLS and Plat approvals, subject to
the procedures prescribed in the UDO.
Section 7.2 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 US 421-WCD Ordinance may be granted up to a
maximum of thirty-five (35) percent of the specified standard.
Section 7.3 Variance of Development Requirements. The BZA may authorize
Variances from the terms of the US 421-WCD Ordinance, subject to the
procedures prescribed in the UDO.
Section 8. Controlling Developer’s Consent.
Section 8.1 Without the written consent of the Controlling Developer, no other
developer, user, owner, or tenant may obtain any permits or approvals, whatsoever, with
respect to the Real Estate or any portion thereof and, as such, and by way of example but
not by limitation, none of the following may be obtained without the approval and
consent of the Controlling Developer:
A. Improvement Location Permits for any site improvements within the Real
Estate;
B. Sign permits for any signs within the Real Estate;
C. Improvement Location Permits for any Dwellings within the Real Estate;
D. Primary Plat or Secondary Plat approval for any part of the Real Estate;
and
E. Any text amendments, variances, modifications of Development
Requirements or other variations to the terms and conditions of this US
421-WCD Ordinance.
Section 9. Violations and Enforcement. All violations and enforcement of this US 421-
WCD Ordinance shall be subject to the requirements of the UDO.
Section 10. Exhibits. All of the Exhibits (A-E) on the following pages are attached to this US
421-WCD Ordinance, are incorporated by reference into this US 421-WCD
Ordinance and are part of this US 421-WCD Ordinance.
The remainder of this page is left blank intentionally.
Exhibit “A” Page 1 of 2
Exhibit “A”
(Legal Description)
Exhibit “A” Page 2 of 2
Exhibit “A”
(Legal Description – Location Map)
Exhibit “B”
Exhibit “B”
(Concept Plan)
Page 1 of 2
Exhibit “B”
Exhibit “B”
(Concept Plan)
Page 2 of 2
Exhibit “C”
(Architectural Character Imagery – 3-story Buildings)
Exhibit “D”
(Architectural Character Imagery – 4-story Buildings)
Exhibit “E”
(Amenities and Exterior Spaces Concept Imagery)
PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________,
2025, 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 _________________,
2025, at ______ __.M.
_________________________________
Jacob Quinn, Clerk
Approved by me, Mayor of the City of Carmel, Indiana this ____ day of _________________, 2025,
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.
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