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HomeMy WebLinkAboutCC-05-05-25-01 DP ADLS Amendment Resolution UDO Sesctions 2.20, 2.21 and 9.03 with Exhibits SPONSORS: Councilors Ayers, Joshi, Minnaar, Snyder This Resolution was prepared by Sergey Grechukhin, Deputy Corporation Counsel/Transactions Chief, on April 28, 2025, at 12:05 p.m. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise. RESOLUTION CC-05-05-25-01 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA RECOMMENDING CONSIDERATION OF AN AMENDMENT TO THE UNIFIED DEVELOPMENT ORDINANCE FOR THE CITY AND REFERRING THE SAME TO THE CARMEL PLAN COMMISSION FOR RECOMMENDATION Synopsis: This Resolution refers a proposal to amend Articles 2.20, 2.21, and 9.03 of the Carmel Unified Development Ordinance to the Carmel Advisory Plan Commission for public hearing and recommendation to the Common Council. WHEREAS, the Common Council of the City of Carmel, Indiana (the “City”) has adopted the City of Carmel Unified Development Ordinance (the “UDO”) pursuant to Ind. Code §36-7-4- 600 et seq; and WHEREAS, the Common Council desires to amend the UDO in accordance with Ind. Code §36-7-4-602(b) in order to amend UDO Sections relating to Development Plan (“DP”) and Architectural Design, Exterior Lighting, Landscaping and Signage (“ADLS”) application, consideration, and approval processes. WHEREAS, Ind. Code §36-7-4-607(b) requires any proposal to amend or partially repeal the text of the UDO be referred to the City’s Advisory Plan Commission (the “Commission”) for consideration and recommendation before any final action is taken by the Common Council; and WHEREAS, upon receiving a proposal for the amendment or repeal of the text of the UDO, the Commission shall, within sixty (60) days, hold a public hearing in accordance with Ind. Code §36-7-4-607(b) and make a recommendation on the proposal not later than sixty (60) days after the Commission holds the public hearing; and WHEREAS, as required by Ind. Code §36-7-4-607(c) the Commission is required to certify to the Common Council the Commission’s recommendation before final action is taken by the Common Council. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that: Section 1. Recitals Incorporated. The foregoing Recitals are incorporated herein by this reference. Section 2. Recommendation and Referral. The Common Council proposes for consideration the amendment to the UDO attached hereto as Exhibit A and refers the same to the Commission for consideration, a public hearing and recommendation before any final action is taken by the Common Council. A form of Notice of Public Hearing is attached hereto as Exhibit B for the Commission’s convenience. Resolution CC 05-05-25-01 Page One of Two Docusign Envelope ID: 73557F05-AF51-4969-BE57-5B081EA56169 SPONSORS: Councilors Ayers, Joshi, Minnaar, Snyder This Resolution was prepared by Sergey Grechukhin, Deputy Corporation Counsel/Transactions Chief, on April 28, 2025, at 12:05 p.m. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise. Section 3. Action by the Common Council. Upon receipt of the recommendation of the Commission, the Common Council shall review and consider adoption of the Amendment. Section 4. Effectiveness. This Resolution shall take effect immediately upon its passage by the Council and approval of the Mayor and upon such approval shall be transmitted by the Clerk to the Commission. SO RESOLVED, 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 _______________________________ ______________________________ Adam Aasen, President Matthew Snyder, Vice-President ______________________________ ______________________________ Rich Taylor Anthony Green ______________________________ ______________________________ Jeff Worrell Teresa Ayers ______________________________ ______________________________ Shannon Minnaar Ryan Locke ______________________________ 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 Resolution CC 05-05-25-01 Page Two of Two Docusign Envelope ID: 73557F05-AF51-4969-BE57-5B081EA56169 7 Not Present 0 Not Present May May 11:30 A May A 11:15 6th 6th 5th Ordinance Z 1 EXHIBIT A 1 Sponsor(s): 2 3 ORDINANCE Z- 4 AN ORDINANCE OF THE COMMON COUNCIL OF THE 5 CITY OF CARMEL, INDIANA 6 7 Synopsis: an Ordinance amending UDO Articles 2.20, 2.21 and 9.03 relating to Development 8 Plan and Architectural Design, Exterior Lighting, Landscaping and Signage requirements, 9 application, consideration, and approval processes. 10 WHEREAS, pursuant to Ind. Code 36-7-4-602 the Common Council is authorized to 11 amend the text of the Unified Development Ordinance (the “UDO”); and 12 WHEREAS, the Common Council desires to amend the text of Articles 2.20, 2.21, and 13 9.03 relating to Development Plan (“DP”) and Architectural Design, Exterior Lighting, 14 Landscaping and Signage (“ADLS”) requirements, application, consideration, and approval 15 processes in order to standardize, enhance, simplify, and better define DP and ADLS approvals 16 (the “Proposed Amendment”); and 17 WHEREAS, pursuant to Common Council Resolution CC 05-05-25-01, the City’s Plan 18 Commission (the “Commission”) received the Common Council’s proposal to consider and 19 provide a recommendation to the Common Council regarding the Proposed Amendment, and 20 WHEREAS, pursuant to Ind. Code 36-7-4-604, the Commission held a public hearing 21 regarding the Proposed Amendment as Docket No. PZ-2025-______ on ______date______, after 22 providing public notice thereof as required by law. 23 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of 24 Carmel, Indiana, that, pursuant to IC 36-7-4-600 et seq. and after Docket No. PZ-2025-____ 25 having received a favorable recommendation from the Commission on Tuesday,___________, 26 2025, it hereby adopts this Ordinance to amend Articles 2.20, 2.21 and 9.03 of the UDO, to read 27 as follows: 28 29 Section I: The foregoing recitals are incorporated herein by this reference. 30 31 Section II: Amends B1 District Development Standards of Article 2, Section 2.20 by requiring 32 DP approval as follows: 33 Development Plan Required 34 • no yes 35 Section III: Amends B2 District Development Standards of Article 2, Section 2.21 by requiring 36 DP approval as follows: 37 Development Plan Required 38 • no yes 39 Section III: Amends and Replaces Article 9, Section 9.03(B) through Article 9, Section 9.03(D) 40 with the following language: 41 B. Development Plan: 42 1. Development Requirements 43 Docusign Envelope ID: 73557F05-AF51-4969-BE57-5B081EA56169 Ordinance Z 2 The Plan Commission shall review a Development Plan application to determine if the 44 Development Plan satisfies the development requirements specified herein, and in the 45 applicable zoning district, and any applicable Overlay district. The Plan Commission’s 46 review shall include, but not be limited to, the following items: 47 a. Compatibility of the development with surrounding land uses 48 i. Consistency with the policies for the district as set forth in the Comprehensive Plan; 49 ii. Surrounding zoning and existing land uses; 50 iii. Compatibility with existing platted residential uses; and 51 iv. Compatibility of proposed project with existing development within the district. 52 v. Potential environmental impacts of the development, including stormwater 53 management, tree preservation, and air, noise, and light pollution. 54 b. Availability and coordination of: 55 i. The means and impact of water supply techniquesWater supply, considering 56 available capacity and potential impacts; 57 ii. The means and impact of sanitary sewersSanitary sewer systems, considering 58 available capacity and potential impacts; 59 iii. On-site and off-site surface and subsurface storm water drainage including 60 calculationsStormwater management, including on-site and off-site surface and 61 subsurface drainage, supported by appropriate engineering calculations; 62 iv. Erosion and sediment control measures during construction and post-construction; 63 v. Protection of wetlands, streams, and other water resources, including any necessary 64 permits and mitigation measures; and 65 vi. Other on-site and off-site utilities. 66 c. Management of traffic in a manner that creates conditions favorable to health, safety, 67 convenience, and the harmonious development of the community such thatTraffic 68 management that promotes health, safety, convenience, and harmonious community 69 development, ensuring that: 70 i. The design and location of proposed street and highway access points minimize 71 safety hazards and congestion; 72 ii. The capacity of adjacent streets and highways is sufficient to safely and efficiently 73 accept accommodate traffic that will begenerated by the new development; and 74 iii. The proposed entrances, streets, and internal traffic circulation facilities in the 75 Development Planare compatible with existing and planned streets and adjacent 76 developments, including stub street continuation; 77 iv. Implementation of traffic calming measures, as appropriate, to control speed and 78 enhance pedestrian safety; 79 v. Mitigation of potential negative impacts of increased traffic on adjacent residential 80 neighborhoods; 81 vi. Integration of the development's street network with the surrounding community to 82 promote connectivity and efficient traffic flow; 83 vii. A traffic management plan for the construction phase, addressing potential impacts 84 on traffic flow and neighborhood access; and 85 viii. Analysis of the need for traffic signals or other traffic regulation devices 86 improvements or new signals, or other traffic regulation devices to accommodate 87 the development's traffic. 88 d. Building setback lines. 89 Docusign Envelope ID: 73557F05-AF51-4969-BE57-5B081EA56169 Ordinance Z 3 e. Building coverage. 90 f. Building separation. 91 g. Vehicle circulation. 92 i. Consistency with the policies for the district as set forth in the Thoroughfare Plan; 93 ii. Dedication of streets, sidewalks, and rights-of-way, and/or reservation of land to be 94 sold to governmental authorities for future development of streets and rights-of-95 way. In developments that adjoin or include existing streets that do not conform to 96 the minimum right-of-way dimensions as established by the Thoroughfare Plan, the 97 developerproperty owner of the proposed development shall dedicate additional 98 width along either one or both sides of such streets of inadequate width so as to 99 bring them up to standards, provided the area to be used for widening is owned by 100 the subdividerproperty owner or under hisits control; 101 iii. Location and character of streets; 102 iv. Access to public streetsDriveway and curb cut locations in relation to other sites; 103 v. Location and character of curbs and gutters; 104 vi. Location and character of vehicle parking facilities; 105 vii. General vehicular trafficVehicular internal site circulation; 106 h. Pedestrian and bicycle circulation. 107 i. Consistency with the policies for the district as set forth in the Thoroughfare Plan; 108 ii. Location and character of sidewalks, pedestrian trails, and bicycle paths; 109 iii. Access to public sidewalks and multi-use paths; 110 iv. General pedestrian and bicycle traffic; 111 v. Adequate Llocation and character of bicycle parking and storage facilities; and 112 vi. Pedestrian and bicycle internal site circulation within the development site. 113 i. Site landscaping and screeningHeight, scale, and materials and styleof improvements. 114 j. Recreational and greenspace amenities. 115 k. Project signage.Existing site features, including topography, wetlands, and wooded 116 areas. ; 117 l. Special and general easements for public or private use. ; 118 m. Exterior lighting.Protective restrictions, and/orcovenants, best management practices, 119 preservation easements, and/or other legal instruments. 120 2. Plan Documentation and Supporting Information 121 Applicant shall submit the following documents and supporting information to be reviewed 122 by Plan Commission: 123 a. Plan documents depicting tThe location and describing the character of the following: 124 i. Existing and proposed principal buildings and accessory buildings. 125 [1] Exterior Elevations, Renderings, Etc.: Exterior elevations, renderings depicting 126 the exterior materials to be used, and a list of exterior materials relating to all 127 buildings and other structures proposed in the area subject to Development Plan 128 approval, together with Architectural Design, Exterior Lighting, Landscaping 129 and Signage Plans, shall be submitted to the Plan Commission in order to better 130 define the parameters and intent of the proposed development. The architectural 131 design should reflect a unified design which is in character and proper 132 relationship with the surrounding area. Unless required by the Plan 133 Commission, this Section shall not apply to detached, single-family residences. 134 [2] Site Plan: 135 Docusign Envelope ID: 73557F05-AF51-4969-BE57-5B081EA56169 Ordinance Z 4 [a] Location of special and general easements and other legal instruments for 136 public or private use; 137 [b] Building setback lines; 138 [c] Building coverage and dimensions; 139 [d] Building separation. 140 ii. New uUtilities, including, but not limited to, water lines, gas lines, electric lines, 141 and other necessary facilities or equipment. 142 iii. SignageDescription of existing features on the site, such as topography, vegetation, 143 existing structures, utilities, and easements. 144 [1] Sign Plan: All exterior signage proposed to be located in the development, 145 subject to approval and obtaining of a Sign Permit prior to erection under the 146 requirements of the Sign Ordinance, shall be shown and conformance or 147 nonconformance with said Ordinance shall be so noted. 148 iv. Landscaping 149 [1] Landscape Plan: A detailed plan of the existing and proposed landscaping 150 showing location, kind and caliper measurement size of trees, shrubbery and 151 screening materials, as appropriate and required by the Plan Commission. 152 b. The description of the nature and intensity types of uses in the development. 153 c. The traffic management plan, including a traffic management plan during construction, 154 describing condition and size of public thoroughfares and parking, vehicle, and 155 pedestrian facilities. At a minimum, a traffic management plan shall outline how traffic 156 generated by the development will be safely and efficiently managed during both the 157 construction and post-construction phase. Traffic management plan shall seek to 158 minimize traffic congestion, ensure pedestrian and cyclist safety, maintain access for 159 emergency vehicles, and mitigate impacts on the existing transportation network. 160 i. Traffic Study: A traffic study to include a comparative analysis of present volumes 161 on streets bordering the development or with a direct bearing on the development 162 versus potential capacity volumes of those streets. Consideration should be made 163 of the effect of the proposed development and the traffic it would engender, 164 particularly at peak periods. A Circulation Plan should be included for all existing 165 and proposed streets, both public and private, which will show recommendations 166 for controlling, signalizing, channelizing, parking, storing and warning both 167 pedestrian and vehicular traffic. 168 d. The location and capacity of drainage and storm water facilities, and sewer systems 169 servicing the development. 170 i. Drainage Plan: Detailed drawings and Construction Plans for all elements of the 171 storm water drainage system, including curbs and gutters, storm sewers, open 172 drainage waterways, drain tiles, culverts, retention reservoirs, best management 173 practices and preservation easements, and other necessary appurtenances, shall be 174 included. Among the necessary items of information are locations, grades, sizes, 175 capacity and typical cross-sections of the Drainage Plan elements. A report shall be 176 included concerning: 177 [1] Legal drains located in the development or relating to the development,; 178 [2] The flooding potential of the development,; 179 [3] The design of the storm water system to deal with such flooding potential,; and 180 Docusign Envelope ID: 73557F05-AF51-4969-BE57-5B081EA56169 Ordinance Z 5 [4] The expected impact of the development’s storm water runoff on any receiving 181 stream or downstream property. 182 Where floodplains are involved, a statement from the Indiana Natural Resources 183 Commission to the extent it has jurisdiction shall be required with respect to 184 location of floodways and floodplains. 185 e. Metes and Bounds Description: An accurate metes and bounds description of the 186 boundary of the tract that is subject to Final Development Plan approval. 187 f. Covenants, Conditions, and Restrictions: A list of the covenants, conditions, and 188 restrictions, if any, which will run with the land and affect the use of the property within 189 the area subject to Final Development Plan approval. The approved covenants shall be 190 recorded with the Recorder of Hamilton County, Indiana. 191 g. Erosion and Sediment Control Plan. A statement and plan setting forth the method of 192 controlling erosion and sedimentation before, during and following development and 193 construction, e.g., temporary Seeding, sediment donation basins, erosion prevention 194 devices and other similar means, that meet the Hamilton County Soil and Water 195 Conservation District guidelines for urban development. 196 h. Lighting Plan: Specifics are required concerning the easements, locations, size, height, 197 type, intensity and illuminance of proposed street and outdoor lighting. 198 i. Service Reports: Service reports or statements, as necessary, may include, but not be 199 limited to, the following sources: 200 i. City, County or State highway departments; 201 ii. Indiana Natural Resources Commission; 202 iii. Carmel Board of Public Works and Safety; 203 iv. Member organizations of the Technical Advisory CommitteeStaff and City 204 Department as assigned. 205 j. Other Construction Plans: Other specific Construction Plans as identified by the 206 Director of Department of Community Services or required by State laws, rules, and 207 regulations shall be submitted as necessary detailing information on, but not limited to, 208 streets, lighting, sanitary sewer system, storm water drainage system, curbs and gutters, 209 sidewalks and the related appurtenances. The required information shall include 210 locations, grades, sizes, capacities, typical cross-sections and so forth. These plans shall 211 be drawn by a Registered Land Surveyor or a Professional Engineer licensed to do 212 business in the State of Indiana in accordance with State Statuteslaws, rules, and 213 regulations. 214 k. Construction Timetable: A construction timetable or schedule shall include the 215 approximate timing of completion and/or occupancy of the improvements proposed in 216 the area subject to Development Plan approval. 217 l. Deeds of Dedication: Certification of deeds of streets, rights-of-way and other public 218 property to the proper authorities, except so much thereof as are intended to remain 219 private. 220 m. Certificate of Plan Commission Approval: Certificate of Approval by the Plan 221 Commission shall be on each and everysheet of the Development Plan. 222 223 C. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) 224 1. Development Requirements 225 The Plan Commission shall review an Architectural Design, Exterior Lighting, 226 Docusign Envelope ID: 73557F05-AF51-4969-BE57-5B081EA56169 Ordinance Z 6 Landscaping and Signage application to determine if the Architectural Design, Exterior 227 Lighting, Landscaping and/or Signage satisfy the development requirements specified 228 herein, and in the applicable zoning district, any applicable Overlay district, and Carmel 229 Comprehensive Plan. The Plan Commission’s review shall include, but not be limited, to 230 the following items: 231 a. Compatibility of the development with surrounding land uses. 232 i. Consistency with the policies for the district as set forth in the Comprehensive Plan; 233 ii. Surrounding zoning and existing land use; 234 iii. Compatibility with existing platted residential uses; and 235 iv. Compatibility of proposed project with existing development within the district. 236 b. Pedestrian and bicycle circulation. 237 i. Consistency with the policies for the district as set forth in the Thoroughfare Plan; 238 ii. Location and character of sidewalks, pedestrian trails, and bicycle paths; 239 iii. Access to public sidewalks and multi-use paths; 240 iv. General pedestrian and bicycle traffic; 241 v. Location and character of bicycle parking and storage facilities; 242 vi. Pedestrian and bicycle internal site circulation. 243 a. Site landscaping and screening. 244 b. Height, scale, materials, andArchitectural design and style of improvements. 245 c. Project sSignage. 246 d. Style and design of eExterior lighting. 247 e. Existing site features, and including topography, and wooded areas;. 248 f. Special and general easements for public or private use;. 249 g. Protective restrictions and/or covenants. 250 2. Plan Documentation and Supporting Information 251 Applicant shall submit the following documents and supporting information to be reviewed 252 by Plan Commission: 253 a. Plan documents depicting tThe location and describing the character of the following: 254 i. Existing and proposed principal buildings and accessory buildings. 255 [1] Exterior Elevations, Renderings, Etc.:Exterior elevations, renderings depicting 256 the exterior materials to be used, and a list of exterior materials relating to all 257 buildings and other structures proposed in the area subject to Architectural 258 Design, Exterior Lighting, Landscaping and Signage approval, together with 259 Plans, shall be submitted to the Plan Commission in orderto better define the 260 intent and character of the proposed development. The architectural design 261 should reflect a unified design which is in character and proper relationship with 262 the surrounding area. Unless required by the Plan Commission, this Section 263 shall not apply to detached, single-family residences. 264 [2] Site Plan. 265 [a] Location of special and general easements for public or private useBuilding 266 setback lines; 267 [b] Building coverage; 268 [c] Building separation. 269 ii. UtilitiesSignage. 270 [1] Sign Plan: All exterior signage proposed to be located in the development, 271 subject to approval and obtaining of a Sign Permit prior to erection under the 272 Docusign Envelope ID: 73557F05-AF51-4969-BE57-5B081EA56169 Ordinance Z 7 City’s signage requirements pursuant to UDO Section 5.39: Sign Standards and 273 any applicable overlay district additional signage regulations of the Sign 274 Ordinance, shall be shown and conformance or nonconformance with said 275 Ordinance shall be so noted. 276 iv. Landscaping. 277 [1] Landscape Plan: A detailed plan of the existing and proposed landscaping 278 showing location, kind and caliper measurement size of trees, shrubbery and 279 screening materials, as appropriate and required by the Plan Commission. 280 v. Exterior Lighting. 281 [1] Lighting Plan: Specifics are required concerning the easements, locations, size, 282 height, type, style, design, intensity and illuminance of proposed street and 283 outdoor lighting. 284 b. The nature and intensity of uses in the development.Covenants, Conditions, and 285 Restrictions: A list of the covenants, conditions, and restrictions, if any, which will run 286 with the land and affect the use of the property within the area subject to Architectural 287 Design, Exterior Lighting, Landscaping and ADLS Signage approval. The approved 288 covenants shall be recorded with the Recorder of Hamilton County, Indiana. 289 c. Other ConstructionDocuments and InformationPlans: Any oOther specific 290 Construction Plans shall be submitted as necessary detailing information on, but not 291 limited to, streets, lighting, sanitary sewer system, storm water drainage system, curbs 292 and gutters, sidewalks and the related appurtenances. The required information shall 293 include locations, grades, sizes, capacities, typical cross-sections and so forth. These 294 plans shall be drawn by a Registered Land Surveyor or a Professional Engineer licensed 295 to do business in the State of Indiana in accordance with the State Statute.supporting 296 documentation and information required by the Director of Community Services and/or 297 Plan Commission necessary for ADLS approval. 298 D. Procedures for Submission and Review: The procedures described in this section shall apply 299 to all Primary Zoning Districts and Overlay Districts which require Development Plan or 300 ADLS approvals except for the C1 and C2 Districts. See Section 9.0(E) Procedures for 301 Submission and Review for C1 and C2 Districts for the applicable procedures. 302 1. Development Plan 303 a. Pre-Application Consultation with the Director of Community Services: 304 Applicants shall meet with the Director of Community Services to review the zoning 305 classification of their site, review the regulatory ordinances and materials, review the 306 procedures and examine the proposed use and development of the property. The 307 Director of Community Servies shall aid and advise the applicant in preparing the 308 application and supporting documents as necessary. 309 b. Application: 310 All below submittals must be done online on the City’s website. 311 i. Director: The applicant shall submit to the Director of Community Services: 312 [1] Two (2) copies of theA Development Plan writtenapplication form; 313 [2] Two (2) copies of tThe Existing Features and Site Analysis Plan; 314 [3] Two (2) copies of tThe Development Plan; 315 [4] As well as two (2) copies of Aall necessary supporting documents and materials 316 as outlined in this chapter. 317 Docusign Envelope ID: 73557F05-AF51-4969-BE57-5B081EA56169 Ordinance Z 8 ii. Technical Advisory Committee: The applicant shall submit the following to the 318 members of the Technical Advisory Committee (TAC): 319 [1] One (1) copy of the written application form; 320 [2] One (1) copy of the Existing Features and Site Analysis Plan; 321 [3] One (1) copy of the Development Plan; 322 [4] As well as one (1) copy of all necessary supporting documents and materials. 323 324 iii. ii. Initial Review of the Application and Supporting Documents and Materials 325 [1] Director: Following the receipt of the writtenapplication, Development Plan, 326 and necessary supporting documents and/or materials, the Director of 327 Community Services shall review the materials for the sole purpose of 328 determining whether the application is complete and in technical compliance 329 with all applicable ordinances, laws and regulations. Director shall notify the 330 applicant when the application is complete and has been forwarded for 331 Technical Review. 332 [2] Technical Advisory CommitteeReview: Following the receipt of the 333 writtenapplication, Development Plan, and necessary supporting documents 334 and/or materials (collectively “Development Plans”), the Director of 335 Community Services shall place the application on the agenda of the Technical 336 Advisory Committeecause Development Plans to be distributed to and receive 337 feedback from City departments and related entities regarding compliance with 338 the development requirements of this chapter and applicable federal, state, and 339 local laws, rules, and regulations. Director of Community Services shall 340 promptly notify the applicant if any additional information is required for 341 Technical Review. Unless required additional information necessitates further 342 review and communication with the applicant, the City’s Technical Review 343 shall be complete within thirty (30) days of the submittal of the complete 344 application (“Technical Review Deadline”). The Technical Review Deadline 345 excludes required submittals to and reviews by entities outside the City’s 346 control such as public utilities, federal agencies, and state/county boards and 347 commissions. 348 iv. iii. Submittal to the Plan Commission 349 [1] If the materials submitted by the applicant are not complete or do not comply 350 with the necessary legal requirements, the Director of Community Services 351 shall inform the applicant of the deficiencies in said materials. Unless and until 352 the Director of Community Services formally accepts the application as 353 complete and in legal compliance, it shall not be considered as formally filed 354 for the purpose of proceeding to succeeding steps toward approval as 355 hereinafter set forth. 356 [2] If the materials submitted by the applicant are determined to be complete and 357 in compliance, the Director of Community Services shall forward the materials 358 to the Plan Commission. Within thirty (30) days of the formalacceptance of the 359 Development Plan application, the Director of Community Services shall 360 formallyfile the application by: 361 [a] Assigning a docket number; 362 [b] Setting a date and time for a public hearing; and 363 Docusign Envelope ID: 73557F05-AF51-4969-BE57-5B081EA56169 Ordinance Z 9 [c] Placing it upon the agenda of the Plan Commission according to the Plan 364 Commission’s Rules of Procedure. 365 [3] The applicant shall file for each Plan Commission member a copy of thesubmit 366 the Existing Features and Site Analysis Plan, the Development Plan, and 367 supporting documents and/or materialsDevelopment Plans to the Plan 368 Commission secretary to be distributed to the Plan Commission 369 memberspursuant to the Plan Commission’s Rules of Procedure. 370 c. Fees: See Article 1, Section 1.29: Filing Fees. 371 d. Public Notice: The applicant shall be responsible for the cost and publication of the 372 required published legal notification of the public hearing. The applicant shall also 373 notify all interested parties and property owners as required by the Plan Commission’s 374 Rules of Procedure and applicable State statutes. 375 e. Public Hearing by the Plan Commission: The conduct of the public hearing shall be in 376 accordance with the Plan Commission’s Rules of Procedure and applicable State 377 statutes. Following the public hearing, the Development Plan shall be reviewed by 378 the Plan Commission. 379 f. Review. The Plan Commission shall review a Development Plan to determine if the 380 Development Plan: 381 i. Is consistent with the Comprehensive Plan; and 382 ii. Satisfies the development requirements specified in the UDO. 383 g. Approval. 384 i. In determining whether approval shall be granted, the Plan Commission shall 385 consider generally if the Development Plan complies with the development 386 requirements of Section 9.03(B)(1).: 387 [1] Creates and maintains a desirable, efficient and economical use of land with 388 high functional and aesthetic value, attractiveness and compatibility of land 389 uses, within the District and with adjacent uses; 390 [2] Provides sufficient and well-designed access, parking and loading areas; 391 [3] Provides traffic control and street plan integration with existing and planned 392 public streets and interior access roads; 393 [4] Provides adequately for sanitation, drainage and public utilities; and 394 [5] Allocates adequate sites for all uses proposed, the design, character, grade, 395 location and orientation thereof being appropriate for the uses proposed, locally 396 related to existing and proposed topographical and other conditions, and 397 consistent with the Comprehensive Plan. 398 ii. In determining whether approval shall be granted, the Plan Commission may: 399 [1] Impose conditions on the approval of a Development Plan if the conditions are 400 reasonably necessary to satisfy the development requirements specified in the 401 Zoning OrdinanceUDO.for approval of the Development Plan. 402 [2] Provide that approval of a Development Plan is conditioned on the furnishing 403 to the Plan Commission of a bond or written assurance that: 404 [a] Guarantees the timely completion of a proposed public improvement in the 405 proposed development; and 406 [b] Is satisfactory to the Plan Commission. 407 Docusign Envelope ID: 73557F05-AF51-4969-BE57-5B081EA56169 Ordinance Z 10 [3] Permit or require the owner of real property to make arecorded 408 writtencommitments that are reasonably necessary to satisfy the development 409 requirements specified in the UDO. 410 iii. Time Limit: An approved Development Plan shall be valid for three (3) years from 411 the date of approval. Upon written application to the Director of Community 412 Services before the expiration of said approval, and upon good cause shown, the 413 Director of Community Services may issue a single extension of the approval for a 414 period not to exceed six (6) months. 415 iv. If the Development Plan is substantially or materially altered in any way, 416 resubmission to the Plan Commission is required. Director of Community Services 417 is authorized to approve minor alterations in the Development Plan without seeking 418 Plan Commission approval. Minor Alterations refer to changes or modifications to 419 an approved Development Plan that are considered to have a minimal impact on the 420 overall intent, character, and functionality of the approved development. These 421 alterations do not fundamentally alter the key aspects of the project that were 422 originally reviewed and approved by the Plan Commission. Further, such 423 alterations do not involve fundamental changes to the type of use, density, intensity, 424 or the core design concepts of the development. 425 v. If a Development Plan petition is denied, the Plan Commission shall provide the 426 applicant with a written copy of the findings-of-fact, if requested by the applicant. 427 h. Amendment: 428 i. Requirements: See Section 9.03(B): Development Plan. 429 ii. Fees: See Section 1.29: Filing Fees. 430 iii. Public Notice: See Section 9.03(D)(1)(d): Public Notice. 431 iv. Public Hearing: See Section 9.03(D)(1)(e): Public Hearing by the Plan 432 Commission. 433 v. Review: See Section 9.03(D)(1)(f): Review. 434 vi. Approval: See Section 9.03(D)(1)(g): Approval. 435 2. Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) 436 a. If a development requires both Development Plan and ADLS approvals, both plans 437 should be submitted concurrently. 438 a. b. Pre-Application Consultation with the Director of Community Services: 439 Applicants shall meet with the Director of Community Services to review the zoning 440 classification of their site, review the regulatory ordinances and materials, review the 441 procedures and examine the proposed use and development of the property. The 442 Director of Community Services shall aid and advise the applicant in preparing the 443 application and supporting documents as necessary. 444 c. Application: 445 All submittals must be done online on the City’s website. 446 i. Director: The applicant shall submit to the Director of Community Services: 447 [1] Two (2) copies of the writtenAn application form; 448 [2] Two (2) copies of tThe Existing Features and Site Analysis Plan; 449 [3] Two (2) copies of tThe Exterior Elevations and/or Renderings; 450 [4] Two (2) copies of tThe Lighting Plan; 451 [5] Two (2) copies of tThe Landscape Plan; 452 [6] Two (2) copies of tThe Signage Plan; 453 Docusign Envelope ID: 73557F05-AF51-4969-BE57-5B081EA56169 Ordinance Z 11 [7] As well as two (2) copies ofAall necessary supporting documents and materials. 454 ii. Technical Advisory Committee: The applicant may be required to submit the 455 following to the members of the Technical Advisory Committee (TAC): 456 [1] One (1) copy of the written application form; 457 [2] One (1) copy of the Existing Features and Site Analysis Plan; 458 [3] One (1) copy of the Exterior Elevations and/or Renderings; 459 [4] One (1) copy of the Lighting Plan; 460 [5] One (1) copy of the Landscape Plan; 461 [6] One (1) copy of the Signage Plan; 462 [7] As well as one (1) copy of all necessary supporting documents and materials. 463 iii. ii. Initial Review of the Application and Supporting Documents and Materials: 464 [1] Director: Following the receipt of the writtenapplication, Plans, and necessary 465 supporting documents and/or materials (collectively “ADLS Plans”), the 466 Director of Community Services shall review the materialsADLS Plans for the 467 sole purpose of determining whether the application is complete and in 468 technical compliance with all applicable ordinances, laws and regulations. 469 Director shall notify the applicant when the application is complete and has 470 been forwarded for Technical Review. 471 [2] Technical Advisory CommitteeReview: Following the receipt of the written 472 application, Plans and necessary supporting documents and/or materialsADLS 473 Plans, the Director of Community Services shall cause ADLS Plans to be 474 distributed to and receive feedback from City departments and related entities 475 regarding compliance with the development requirements of this chapter and 476 applicable federal, state, and local laws, rules, and regulations. Unless required 477 additional information necessitates further review and communication with the 478 applicant, the City’s Technical Review shall be complete within thirty (30) days of 479 the submittal of the complete application (“Technical Review Deadline”). The 480 Technical Review Deadline excludes required submittals to and reviews by entities 481 outside the City’s control such as public utilities, federal agencies, and state/county 482 boards and commissions. 483 iv. iii. Submittal to the Plan Commission: 484 [1] If the materials submitted by the applicant are not complete or do not comply 485 with the necessary legal requirements, the Director of Community Services 486 shall inform the applicant of the deficiencies in said materials. 487 Unless and until the Director of Community Services formally accepts the 488 application as complete and in legal compliance, it shall not be considered as 489 formally filed for the purpose of proceeding to succeeding steps toward 490 approval as hereinafter set forth. 491 [2] If the materials submitted by the applicant are determined to be complete and 492 in compliance, the Director of Community Services shall forward the materials 493 to the Plan Commission. 494 Within thirty (30 days) of the acceptance of the Architectural Design, Exterior 495 Lighting, Landscaping and SignageADLS application, the Director of 496 Community Services shall formally file the application by: 497 [a] Assigning a docket number; 498 [b] Setting a date and time for Plan Commission review; and 499 Docusign Envelope ID: 73557F05-AF51-4969-BE57-5B081EA56169 Ordinance Z 12 [c] Placing it upon the agenda of the Plan Commission according to the Plan 500 Commission’s Rules of Procedure. 501 [3] The applicant shall file for each Plan Commission member a copy of the 502 Existing Features and Site Analysis Plan, the Plans, and supporting documents 503 and/or materials pursuant to the Plan Commission’s Rules of Proceduresubmit 504 ADLS Plans to the Plan Commission secretary to be distributed to the Plan 505 Commission members. 506 c. Fees: See Article 1, Section 1.29: Filing Fees. 507 d. Review. The Plan Commission shall review an ADLS to determine if the ADLS: 508 i. Is consistent with the Comprehensive Plan; and 509 ii. Satisfies the development requirements specified in the UDO. 510 e. Approval: 511 i. In determining whether approval shall be granted, the Plan Commission shall 512 consider generally if the Architectural Design, Exterior Lighting, Landscaping and 513 SignageADLS: 514 [1] Creates and maintains a desirable, efficient and economical use of land with 515 high functional and aesthetic value, attractiveness and computability of land 516 uses, within the zoning Ddistrict and with adjacent uses; 517 [2] Provides sufficient and well-designed access, parking and loading 518 areasPresents a cohesive and harmonious architectural design, lighting plan, 519 sign plan, and landscaping plan that enhances the visual character of the 520 development and complements the surrounding area, considering: 521 [a] Architectural style and materials, ensuring compatibility with the context of 522 the development, the zoning and overlay districts requirements, and 523 surrounding properties; 524 [b] Building massing and scale, ensuring appropriate proportions and 525 relationships to adjacent structures and the surrounding environment. This 526 includes consideration of building height, width, and depth, as well as the 527 articulation of building facades to break up large masses and create visual 528 interest; 529 [c] The use of the proposed materials and detailing. The selection of materials 530 and detailing that contribute to the overall aesthetic character of the 531 development and complement the surrounding environment and uses; 532 [d] A comprehensive lighting plan that provides adequate illumination for 533 safety and wayfinding while minimizing light pollution and glare; 534 [e] A well-integrated landscaping plan that incorporates native plants and 535 otherwise complies with Appendix D of the UDO, provides shade and 536 screening, and enhances the overall aesthetic appeal of the development; 537 [f] Sign plan that identifies the locations of the exterior signage and otherwise 538 complies with the Carmel Sign OrdinanceCity’s signage requirements pursuant 539 to UDO Section 5.39: Sign Standards and any applicable overlay district 540 additional signage requirements; and 541 [3] Allocates adequate sites for all uses proposed, the design, character, grade, 542 location and orientation thereof being appropriate for the uses proposed, 543 logically related to existing and proposed topographical and other conditions, 544 Docusign Envelope ID: 73557F05-AF51-4969-BE57-5B081EA56169 Ordinance Z 13 and consistent with the zoning district, overlay district, and Comprehensive 545 Plan. 546 ii. In determining whether approval shall be granted, the Plan Commission may: 547 [1] Impose conditions on the approval of an Architectural Design, Exterior 548 Lighting, Landscaping and SignageADLS if the conditions are reasonably 549 necessary to satisfy the development requirements specified in the UDO for 550 approval of the ADLS. 551 [2] Permit or require the owner of real property to make recorded a 552 writtencommitments that are reasonably necessary to satisfy the development 553 requirements specified in the UDO. 554 iii. Time Limit: An approved Architectural Design, Exterior Lighting, Landscaping 555 and SignageADLS shall be valid for three (3) years from the date of approval. Upon 556 written application to the Director of Community Services before the expiration of 557 said approval, and upon good cause shown, the Director of Community Services 558 may issue a single extension of the approval for a period not to exceed six (6) 559 months. 560 iv. If the Architectural Design, Exterior Lighting, Landscaping and SignageADLS is 561 substantially or materially altered in any way, resubmission to the Plan Commission 562 is required. The Director of Community Services is authorized to approve minor 563 alterations without seeking Plan Commission approval. 564 f. Amendment: 565 i. Requirements: See Section 9.03(D)(2): Architectural Design, Exterior Lighting, 566 Landscaping and Signage (ADLS). 567 ii. Fees: See Article 1, Section 1.29: Filing Fees. 568 iii. Review: See Section 9.03(D)(1)(f): Review. 569 iv. Approval: See Section 9.03 (D)(1)(g): Approval. 570 571 Section IV: The Common Council hereby delegates Department of Community Services to correct 572 and codify numbering, pagination, cross-references, table of contents, Appendices, and land use 573 matrix of the Unified Development Ordinance affected by this Ordinance. 574 575 Section V: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance 576 are hereby repealed. 577 578 Section VI: This Ordinance shall be in full force and effect from and after its passage and signing 579 by the Mayor. 580 581 582 583 Signature page to follow 584 Docusign Envelope ID: 73557F05-AF51-4969-BE57-5B081EA56169 Ordinance Z 14 ADOPTED by the Common Council of the City of Carmel, Indiana this ________ day 585 of ______________________ 2025, by a vote of _________ ayes and ________ nays. 586 587 588 COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA 589 590 ______________________________ ______________________________ 591 Adam Aasen, President Matthew Snyder, Vice-President 592 593 ______________________________ ______________________________ 594 Jeff Worrell Teresa Ayers 595 596 ______________________________ ______________________________ 597 Shannon Minnaar Ryan Locke 598 599 ______________________________ ______________________________ 600 Anthony Green Rich Taylor 601 602 ______________________________ 603 Anita Joshi 604 605 ATTEST: 606 607 __________________________________ 608 Jacob Quinn, Clerk 609 610 Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 611 612 ____________, 2025, at _______ __.M. 613 614 _______________________________ 615 Jacob Quinn, Clerk 616 617 Approved by me, Mayor of the City of Carmel, Indiana this ___ day of 618 619 ______________, 2025, at ______ __.M. 620 621 ________________________________ 622 Sue Finkam, Mayor 623 ATTEST: 624 625 _________________________________ 626 Jacob Quinn, Clerk 627 628 629 Prepared by: Sergey Grechukhin, Deputy Corporation Counsel/Transactions Chief, One Civic Square, Carmel, IN 46032 630 Docusign Envelope ID: 73557F05-AF51-4969-BE57-5B081EA56169 EXHIBIT “B” NOTICE OF PUBLIC HEARING BEFORE THE CARMEL ADVISORY PLAN COMMISSION DOCKET No.: CPA-2025-_________ Notice is hereby given that the Carmel Advisory Plan Commission will hold a public hearing upon a proposal by the Carmel Common Council to amend the Carmel Unified Development Ordinance (“UDO”) pursuant to documents filed with the Department of Community Services as follows: amend Articles 2.20, 2.21 and 9.03 of the UDO relating to Development Plan and Architectural Design, Exterior Lighting, Landscaping and Signage requirements, application, consideration, and approval processes. The Ordinance further requires Development Plan approval in B1 and B2 districts Designated as Docket No. ____-2025- , the hearing will be held on Tuesday, __________, 2025 at 6:00 P.M. in the Council Chambers, Carmel City Hall, One Civic Square, Second Floor, Carmel, Indiana 46032. The file for this proposal, including Council Resolution No. CC-05-05-25-01 which includes the proposed Ordinance Amendment, may be examined at the Office of the Plan Commission, Carmel Department of Community Services, Division of Planning and Zoning, Carmel City Hall, Third Floor, One Civic Square, Carmel, Indiana 46032, telephone no. (317) 571- 2417. Any written comments or objections to the proposal should be filed with the Secretary of the Plan Commission on or before the date of the Public Hearing. All written comments and objections will be presented to the Commission. Any oral comments concerning the proposal will be heard by the Commission at the hearing according to its Rules of Procedure. In addition, the hearing may be continued from time to time by the Commission as it may find necessary. Joe Shestak, Administrator Carmel Plan Commission (317) 571-2417 Date: , 2025 Docusign Envelope ID: 73557F05-AF51-4969-BE57-5B081EA56169