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HomeMy WebLinkAboutPacket for PC 01-21-25 US 421-WCD PUD Planned Unit Development (PUD) / Rezone Docket No. PZ-2024-00222 PUD PUD REZONE CITY OF CARMEL, INDIANA January 21, 2025 City of Carmel Plan Commission Applicant: Edward Rose Properties, Inc. 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 Map 3. Conceptual Site Plan, Area Plan and Public Streets Exhibit 4. Sub-Area Plan – Waterside Amenities and Rooftop Terrace 5. Character Imagery Exterior Spaces 6. Perspective Character Imagery 4-Story Multi-Family Building 7. Perspective Character Imagery 3-Story Multi-Family Building 8. US 421 – WCD PUD Ordinance TAB 1 Edward Rose Properties, Inc. - Project Description US 421 – WCD PUD The Applicant, Edward Rose Properties, Inc., (“Edward Rose”) has filed a rezone request pertaining to three (3) parcels of real estate that consist of approximately 22 acres that are located west of and adjacent to Michigan Road, south of and adjacent to Outback Lane and north of and adjacent to 99th Street, and are identified per the records of the Hamilton County, Indiana Auditor’s Office as Tax Parcel Identification Numbers: 17-13-07-00-10-007.000; 17-13-07-00-08-002.001; and, 17-13-07-00-10-003.000 (collectively, the “Real Estate”). Behind Tab 2 is a Site Location Map identifying the location of the Real Estate. By way of background, Edward Rose’s offices are located in Carmel and their Carmel communities include Avant I & II and Alexandria (completed) which have been well-received by the Carmel community and the Icon on Main community (currently under development). The Real Estate is in close proximity to 96th Street and the I-465 Interchange and is surrounded on all sides by various retail, commercial, and office uses. The site is the former (now vacant) headquarters of Resort Condominiums International (RCI) and is currently zoned I-1 Industrial and is within the US 421- Michigan Road Overlay District. Edward Rose’s rezone application seeks to rezone the Real Estate from its current zoning classification to the “US 421- WCD Planned Unit Development District” (the “US 421-WCD PUD”) in order to permit a mixed- use, high-end development that will consist of a Multi-family residential component and a commercial/retail component. The US 421-WCD PUD proposes two (2) use districts. The Area A Use District, located internal to the Real Estate and consisting of approximately 20 acres, will have I-1 Industrial as its underlying base zoning classification and will include the Multi-family residential component of the development. The Area B Use District, located directly west of and adjacent to Michigan Road and consisting of approximately 2-acres, will have B-3 Business as its underlying base zoning classification and will be subject to the US 421- Michigan Road Overlay District development standards. The Area B Use District will permit various Retail/Service uses, as well as Cultural/Entertainment uses. Behind Tab 3 is the Conceptual Site Plan, Area Plan (Areas A and B) and Public Streets Exhibit. The Multi-family residential component in Area A is desirable given that it is not adjacent to or nearby any existing residential uses and includes a combination of attractive attributes, including but not limited to: thoughtful architectural design; a mixture of building types (3-story buildings and 4-story buildings with attached garages); walkable streetscapes and well-designed common areas and open spaces; high-end interior and exterior finishes; market leading amenities; the availability (within walking distance) of retail businesses and restaurants; and, an engaging site design including a centralized water feature that will be pedestrian friendly. All of these attributes combined will provide a strong sense of place and an outstanding living experience for residents and the general public. Behind Tab 6 and Tab 7 respectively, are perspective character imagery of the proposed 4- Story and 3-Story multi-family buildings. Regarding amenities, Edward Rose has paid particular attention to the existing wooded area on the northwest portion of the site that will be preserved and utilized as open space. Regarding open space, the community will have approximately 5 acres of open space, which comprises of over 20% of the Real Estate. The community includes a centrally located clubhouse which will include a pool, sundeck, and cabanas, as well as a large roof top terrace. FlexHub private co-working office spaces are also provided, including private conference rooms, and workstations. Additional amenities include a performance gym and yoga facilities, an event suite, fire pits and fire tables with seating, grilling areas with counters, indoor and outdoor game areas, a pet grooming spa and leash-free pet parks, EV charging stations and other gathering spaces around the community. Behind Tab 4 and Tab 5 respectively, are character exhibits depicting the waterside amenities, rooftop terrace and potential exterior space character imagery. COMREHENSIVE PLAN STATEMENT The Real Estate is within the US 421-Michigan Road Overlay District, which permits residential uses (such as Multi-family residential) on up to 50% of a project’s gross floor area on parcels where residential uses are not permitted pursuant to the base underlying zoning district. As a result, a Multi-family residential component on a portion of the Real Estate is generally compatible and consistent with the US 421-Michigan Road Overlay District. Further, considering there are no other existing residential uses in close proximity to the Real Estate, Edward Rose believes that providing more full-time residents in this area would provide an additional customer base of the local restaurants and businesses along this segment of Michigan Road - including positive night-time impacts during the work week and on the weekends. The 2022 Comprehensive Plan Development Patterns Map designates the Real Estate as being within a “Gateway” area. The purpose of “Gateway” areas, as set out in the Comprehensive Plan, is to provide large lot mixed-use and commercial areas, including residential uses, along or near access points into Carmel. The “Gateway” area encourages characteristics that include, but are not limited to: parking lot placement that avoids placement between the fronts of buildings and road rights-of- way to shield views of parking areas from adjacent public roadways; buildings that face/address a frontage street; pedestrian-friendly sidewalks or paths designed to facilitate safe pedestrian circulation; future outlot or infill development opportunities; open space areas including greenways, courtyards and buffers; and, buildings up to 5-stories that include patios and lobby areas. The US 421-WCD PUD meets many of the objectives and purposes of a “Gateway” area by providing a mixed-use development (including a residential component and retail/commercial component) on a larger parcel that is at a “gateway” into Carmel (the Michigan Road corridor in Carmel via 96th Street and the I-465 Interchange). Edward Rose’s site design includes the positioning of parking areas so that they are shielded from view from the adjacent public roadways, the buildings face/address internal street frontages, the inclusion of outdoor patios on the residential buildings, including a roof top community terrace, an internal pedestrian system that is designed to facilitate safe pedestrian circulation, the inclusion of a 2-acre outlot to be developed for future retail/commercial uses, providing thoughtful open space and common areas throughout the community (including a well-designed centralized water feature), tree preservation on the northwestern portion of the site, as well as other high-quality amenity offerings to its residents. Behind Tab 8 is the US 421 – WCD PUD Ordinance and we look forward to presenting this request to the Plan Commission on January 21, 2025. Respectfully submitted, TAB 2 Site Location Map / Aerial Photograph NORTH SITE 106th Street Ma y f l o w e r P a r k D r i v e 96th Street TAB 3 SITE PLAN | OVERALL 0 60 120 240 360 *Renderings are conceptual/illustrative and are subject to change. R E T A I L W. 99TH S T . N . M I C H I G A N R D . Notes: Buildings 1,2,3 : 3 Stories * Every home has a waterside balcony or patio with a view. Building 4 : 3 Stories * Every home has a balcony or patio with a woods/open space view. Buildings A,B,C : 4 stories built to streetscape * Each building has elevators and attached garages. Uses: High-end multifamily (360 units), Retail along Michigan Rd. (e.g. restaurants with outdoor dining, coffee shop, etc.) BUILDING C DOG PARK DOG PARK CLUBHOUSE TRASH MAINT. BUILDING BBU I L D I N G 0 1 BU I L D I N G 0 2 BU I L D I N G 0 3 BU I L D I N G 0 4 OPEN GATHERING SPACE B U I L D I N G A OUTBACK L N . WEST CARMEL DEVELOPMENT CONCEPTUAL DESIGN AREA A AREA B SITE PLAN | PUBLIC STREETS 0 60 120 240 360 *Renderings are conceptual/illustrative and are subject to change. R E T A I L W. 99TH S T . N . M I C H I G A N R D . Public Street with Right of Way Legend: BUILDING C DOG PARK DOG PARK CLUBHOUSE TRASH MAINT. BUILDING BBU I L D I N G 0 1 BU I L D I N G 0 2 BU I L D I N G 0 3 B U I L D I N G A OUTBACK L N . BU I L D I N G 0 4 WEST CARMEL DEVELOPMENT CONCEPTUAL DESIGN TAB 4 0 10 20 40 60 SUB-AREA PLAN | WATERSIDE AMENITIES AT CLUBHOUSE *Renderings are conceptual/illustrative and are subject to change. ROOFTOP TERRACE POOL FlexHub Co-Working Space Rooftop Terrace Fitness & Yoga Pool with Sundeck & Cabanas Fire Pits / Fire Tables with Seating Grilling Areas with Counters Outdoor Gathering Spaces Indoor/Outdoor Games Event Suite Indoor Gathering Spaces Indoor & Outdoor Waterside Amenities at Clubhouse WEST CARMEL DEVELOPMENT CONCEPTUAL DESIGN TAB 5 CHARACTER IMAGES | EXTERIOR SPACES WEST CARMEL DEVELOPMENT CONCEPTUAL DESIGN TAB 6 PERSPECTIVE | WATERSIDE CLUBHOUSE & OUTDOOR AMENITY DECK / ROOFTOP TERRACE *Renderings are conceptual/illustrative and are subject to change. WEST CARMEL DEVELOPMENT CONCEPTUAL DESIGN PERSPECTIVE | CLUBHOUSE ENTRANCE FRONTING STREET & ROOFTOP TERRACE *Renderings are conceptual/illustrative and are subject to change. WEST CARMEL DEVELOPMENT CONCEPTUAL DESIGN TAB 7 *Renderings are conceptual/illustrative and are subject to change. PERSPECTIVE | 3-STORY BUILDING WITH EVERY HOME HAVING WATERSIDE BALCONY / PATIO VIEW WEST CARMEL DEVELOPMENT CONCEPTUAL DESIGN TAB 8 Sponsors:________________ CARMEL, INDIANA US 421-WCD PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE Z-___-25 November 20, 2024 Version 4 112024 2 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 Version 4 112024 3 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 Version 4 112024 4 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. Version 4 112024 5 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- Version 4 112024 6 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 Version 4 112024 7 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). Version 4 112024 8 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. Version 4 112024 9 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. Version 4 112024 10 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. Version 4 112024 11 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. US 421-WCD PUD 4 112024