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HomeMy WebLinkAbout06.16.25 CC Meeting Paperless Packet1 City of Carmel CARMEL COMMON COUNCIL MEETING AGENDA MONDAY, JUNE 16, 2025 – 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE 1.CALL TO ORDER 2.AGENDA APPROVAL 3.INVOCATION 4.PLEDGE OF ALLEGIANCE 5.RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 6.RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 7.COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS 8.CONSENT AGENDA a.Approval of Minutes 1.June 2, 2025 Regular Meeting b.Claims 1.Payroll – $4,132,303.53 2.General Claims – $2,847,789.66 and Purchase Card - $22,151.58 3.Retirement – $126,308.06 4.Wire Transfers – $2,222,331.95 9.ACTION ON MAYORAL VETOES 10.COMMITTEE REPORTS a.Finance, Utilities and Rules Committee b.Land Use and Special Studies Committee c.All reports designated by the Chair to qualify for placement under this category. 2 11.OTHER REPORTS – (at the first meeting of the month specified below): a.Carmel Redevelopment Commission (Monthly) b.Carmel Historic Preservation Commission (Quarterly – January, April, July, October) c.Audit Committee (Bi-annual – May, October) d.Redevelopment Authority (Bi-annual – April, October) e.Economic Development Commission (Bi-annual – February, August) f.Library Board (Annual – February) g.Ethics Board (Annual – February) h.Parks Department (Quarterly – February, May, August, November) i.Climate Action Advisory Committee (Quarterly – March, June, September, December) j.Finance Department Budget Update (Quarterly – April, July, October, January (for the 4th quarter of the previous year)) k.All reports designated by the Chair to qualify for placement under this category. 12.OLD BUSINESS a.Ninth Reading of Ordinance D-2762-25; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 5, Sections 8-37, 8-47, and 8-48 of the Carmel City Code; Sponsor: Councilor Aasen. Remains in the Land Use and Special Studies Committee. Synopsis: Ordinance establishing 15-minute parking space(s) at the beginning of each block along Main Street from Knoll Ct to 1st Ave SE, regulating parking on Range Line from Main Street to 1st Street, and removing inconsistencies and duplications of code. b.Fifth Reading of Ordinance D-2769-25; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 6, Article 4, Section 6-63 of the Carmel City Code; Sponsor(s): Councilor(s) Taylor and Ayers. Returns from the Land Use and Special Studies Committee. Synopsis: Ordinance amending the fine for failing to display a valid permit for motor vehicle parking on a city sidewalk, multi-use path, or bicycle lane. c.Fourth Reading of Ordinance D-2772-25; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting a New Article 8 Under Chapter 2 of the Carmel City Code; Sponsor(s): Councilor(s) Aasen, Ayers, Minnaar, Snyder and Worrell. Sent to the Finance, Utilities and Rules Committee (Meeting date June 16, 2025). Synopsis: An ordinance adopting requirements for nonprofit organizations receiving public support from the City. 3 13.PUBLIC HEARINGS a.First Reading of Ordinance Z-697-25; An Ordinance of the Common Council of the City of Carmel, Indiana Establishing the US 421-WCD Planned Unit Development District; Sponsor: Councilor Minnaar. 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 mixed-use development including multi-family and commercial uses as depicted in the Concept Plan (attached as Exhibit B). 14.NEW BUSINESS a.Resolution CC-06-16-25-01; A Resolution of the Common Council of the City of Carmel, Indiana, Approving Certain Matters in Connection with the Gramercy Economic Development Area (Gramercy East – Phases 1-3); Sponsor: Councilor Aasen. Synopsis: This resolution approves (1) a resolution of the City of Carmel Redevelopment Commission creating the new Gramercy East – Phase I Allocation Area, the Gramercy East – Phase 2 Allocation Area and the Gramercy East – Phase 3 Allocation Area, all within the Gramercy Economic Development Area, including an economic development plan supplement, and (2) a related City of Carmel Plan Commission resolution. b.Resolution CC-06-16-25-02; A Resolution of the Common Council of the City of Carmel, Indiana, Approving Certain Matters in Connection with the Gramercy Economic Development Area (Gramercy East – Phase 4); Sponsor: Councilor Aasen. Synopsis: This resolution approves (1) a resolution of the City of Carmel Redevelopment Commission creating the new Gramercy East – Phase 4 Allocation Area within the Gramercy Economic Development Area, including an economic development plan supplement, and (2) a related City of Carmel Plan Commission resolution. c.Resolution CC-06-16-25-03; A Resolution of the Common Council of the City of Carmel, Indiana, Approving Certain Matters in Connection with the Gramercy Economic Development Area (Gramercy East – Phases 5-7); Sponsor: Councilor Aasen. Synopsis: This resolution approves (1) a resolution of the City of Carmel Redevelopment Commission creating the new Gramercy East – Phase 5 Allocation Area, the Gramercy East – Phase 6 Allocation Area and the Gramercy East – Phase 7 Allocation Area, all within the Gramercy Economic Development Area, including an economic development plan supplement, and (2) a related City of Carmel Plan Commission resolution. 15.AGENDA ADD-ON ITEMS 4 16.OTHER BUSINESS a.Property Abatements/Compliance with Statement of Benefits – Returns from the Finance, Utilities and Rules Committee 1.Alliance for Cooperative Energy Services Power Marketing, LLC (ACES) 2.Midcontinent Independent System Operator, Inc. (MISO) 3.Schlage Lock Company, LLC 4.ZP Investments, LLC and Zotec Partners, LLC b.City Council Appointments 1.Christkindlmrkt Board (Term expires 6/30/27; two-year term); One Nomination. 17.ANNOUNCEMENTS 18.ADJOURNMENT 1 City of Carmel 1 2 CARMEL COMMON COUNCIL 3 MEETING MINUTES 4 MONDAY, JUNE 2, 2025 – 6:00 P.M. 5 COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE 6 7 MEETING CALLED TO ORDER 8 9 Council President Adam Aasen; Council Members: Shannon Minnaar, Ryan Locke, Teresa Ayers, Matthew 10 Snyder, Rich Taylor, Jeff Worrell, Anita Joshi, Anthony Green and Deputy Clerk Jessica Komp were 11 present. 12 13 Council President Aasen called the meeting to order at 6:00 p.m. 14 15 AGENDA APPROVAL 16 17 The agenda was approved 9-0. 18 19 INVOCATION 20 21 Pastor Shaune Shelby with Ebenezer Baptist Church delivered the invocation. 22 23 RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 24 25 Police Chief Drake Sterling introduced three new Carmel Police Officers to be sworn in. Juan Trejo comes to 26 Carmel PD with 8 years of experience, serving Jasper, Indiana; Houston, TX, and serving in the U.S. Army. 27 Alexander Lopez comes to Carmel from IMPD with 6 years of law enforcement experience, and he is also a 28 certified EMT. Brandon Pounds comes to Carmel from Zionsville PD, he has over six years of law 29 enforcement experience with Zionsville and Warren Township, and was a Division I, All-American athlete. 30 The new Carmel Police Officers were sworn in by Mayor Sue Finkam. 31 32 RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 33 34 Fran Gileno updated Council on the DORA sign that had been placed on her front sidewalk, which she had 35 asked to be removed at the May 19th Council meeting. The sign was removed, but now three more have been 36 placed in the area, including in front of a home on Shoshone Drive. These signs are slippery when wet. Ms. 37 Gileno does not understand why these Designated Outdoor Refreshment Area signs are being placed east of 38 Rangeline and into residential areas, as there are no businesses that serve alcohol from Ace Hardware down 39 to Kroger. She and other residents in this area would like these signs removed. 40 41 Gabe Paul, HOA President for The Westons subdivision, spoke to Council on behalf of his neighborhood. He 42 is in support of Ordinance D-2770-25, which will place a cap on the number of rentals in a subdivision, as 43 The Westons has seen a proliferation of homes purchased by investors. Many of these homes have become 44 rentals, and they are not being maintained. 45 46 Dave Drzewiecki, also a homeowner in The Westons, next spoke in favor of Ordinance D-2770-25. Mr. 47 Drzewiecki and his wife have lived in their neighborhood for 22 years. Last year the home across from theirs 48 2 was purchased by investors and has been leased to very loud tenants that do not maintain the home. Multiple 49 loud vehicles come and go at all hours, often blocking the sidewalks, and waking neighbors. These tenants 50 have also let off commercial grade fireworks at midnight, and have not cleared their sidewalks after 51 snowfalls. The Drzewiecki’s would like Ordinance D-2770-25 to be passed, so that there will be a rental cap 52 and registration, to ensure our single-family residential neighborhoods maintain their value, and are 53 prevented from being overrun by rentals. 54 55 Dee Fox spoke next, representing Carmel Citizens for Responsible Zoning. Ms. Fox is also in favor of 56 Ordinance D-2770-25, although it still has some details to be worked out. She believes it will protect and 57 preserve single-family neighborhoods from becoming majority rental neighborhoods. She also feels it’s 58 important to protect and preserve affordable homeownership opportunities for seniors and first-time 59 homebuyers. Ms. Fox believes this proactive measure will protect homeownership as the real estate cycles 60 change, since what might not be a problem now, could be in the future. 61 62 Jill Meisenheimer spoke next. Ms. Meisenheimer writes the Carmel Citizens for Responsible Zoning 63 newsletter. She stated that she also supports Ordinance D-2770-25. She would like to know how people will 64 be notified that they need to register, who has access to the registration information, and how the fines for 65 not registering will be handled. Ms. Meisenheimer is concerned about areas without HOA’s like Home 66 Place. She encouraged the Council to take time to hear from people who have information that could benefit 67 this ordinance. 68 69 Jack Feldman spoke next. He addressed Ordinance D-2769-25, Chapter 6, Article 4, which was discussed at 70 the last Land Use and Special Studies Committee meeting. Mr. Feldman noticed that the one-way cycle 71 tracks on Monon Blvd. are completely exempted from this, meaning that cyclist do not have to obey the 72 laws, and any violations would be unenforceable. He also shared that he was hit by a car while riding his 73 bike on a multi-use path. He was told by a police officer at that time that he shouldn’t have been riding there, 74 because it’s a sidewalk. Mr. Feldman would like to see something done to indicate where bikes can be 75 ridden, such as signage, or a unified colored stripe across multi-use paths, and better design in the long-run 76 such as the continuation of asphalt across driveway crossings. He also shared that just west of Gray Road on 77 116th Street, the bike lane’s solid yellow line was not repainted after a repaving project was finished several 78 months ago. 79 80 Ed Shaughnessy of Cool Creek Estates spoke to Council next. Mr. Shaughnessy shared that he supports 81 Ordinance D-2770-25. He believes that a rental cap is needed. He thanked the Council for looking into this. 82 83 Jordan Kohl spoke in opposition to Ordinance D-2770-25. Mr. Kohl moved to Carmel with his family two 84 years ago. They have been renting while looking for the right home to purchase. Mr. Kohl believes that 85 renters also bring civic engagement and community investment. He believes that the rent increase his 86 landlord passed on to his family when property taxes increased on the townhome they rent, qualifies as him 87 making an investment in the community. There are not very many three bedroom rental opportunities, and 88 very few near his daughter’s school. Apartments are even more expensive. He believes this ordinance will do 89 a favor for developers and further increase the demand for apartments to be built. He stated that the wording 90 of the ordinance states its main goal is to assist with the elimination of blight, which he does not see much of 91 in Carmel. If there is blight, he believes we should work to correct those instances, instead of imposing an 92 arbitrary cap city-wide. He believes the cost associated with tracking this registry and its enforcement is a 93 waste of taxpayer money, as these issues should be handled by HOA’s. 94 95 Ron Carter, former City Councilor, spoke to Council in opposition to the proposed Autumn Greenway. Mr. 96 Carter believes there is a more cost-effective way to get bicyclists and pedestrians from the Monon Trail to 97 Old Meridian, without having to spend the better part of $8 million. By utilizing quiet residential streets, we 98 can continue what has been accomplished with our street bike routes. By adding another east-west connector 99 in the Midtown area, instead of forcing through a full direct path, we can accomplish our goal with only 100 3 adding about 400 feet of asphalt. Mr. Carter stated that as an ex-board member and Executive Director of the101 Indiana Greenways Foundation, this is the only trails and greenways project in the entire state that he has 102 ever opposed. He urged the Council to consider this alternative, as he believes it is a far better solution. 103 104 COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS 105 106 Shresta Vankayala, a 6th grade student at Creekside Middle School, gave the Mayor’s report to Council. On 107 May 20th, the Mayor hosted a group of business leaders for the very first Mayor’s CEO Roundtable. Chief 108 Thacker and Chief Sterling delivered a presentation on emergency preparedness and response tactics. Mayor 109 Finkam hopes to host more of these events in the future. On May 21st, we officially broke ground on Ardalan 110 Plaza. This addition to our downtown will bring new retail and cultural opportunities to our community. On 111 May 22nd, Team Bounceback held its first meeting. This group is exploring ways to bring back former 112 students who moved away and encourage current students to stay and build their futures here. Many 113 residents attended this year’s Memorial Day ceremony, which honored the brave men and women who 114 served our country. Last Friday, the Mayor had the opportunity to open the 2025 Metro Indy Skating 115 Competition here in Carmel. This brought 330 skaters from 58 clubs and 13 states to our city. This major 116 athletic attraction grows every year and continues to establish Carmel as a premier destination for figure 117 skating excellence. 118 119 Mayor Finkam then spoke to Council about one agenda item, Ordinance D-2770-25, the “Rental Cap” 120 ordinance. She thanked the Council’s attorney and City Legal for the revisions made to improve it, 121 particularly from an operational standpoint. Mayor Finkam stated that it will be her administration’s job to 122 operationalize this ordinance. and she appreciates the Council’s clear demonstration that there is not 123 expectation that we have this figured out today, with the inclusion of six months to get this underway. The 124 permit portion of this ordinance will present different challenges than the registration portion. When the 125 scope of implementation is better understood, the administration will be back in front of Council with an 126 appropriation request, as this ordinance was not on their radar when this year’s budget was planned. Mayor 127 Finkam stated that they would be able to better share information at that time, including their 128 recommendation of the statutorily allowed $5.00 registration fee. 129 130 Councilor Minnaar thanked the Street Department for all of their hard work during the cleanup of the 131 Tornado that happened in April, including the replacement of a Mohawk Crossing neighborhood monument 132 sign, which was accomplished within 24 hours. 133 134 CONSENT AGENDA 135 136 Councilor Minnaar moved to approve the consent agenda. Councilor Joshi seconded. There was no 137 discussion. Council President Aasen called for the vote. The consent agenda was approved 9-0. 138 139 a.Approval of Minutes140 141 1.May 19, 2025 Regular Meeting142 143 a.Claims144 145 2.Payroll – $4,228,673.21146 3.General Claims – $3,229,483.13147 148 149 ACTION ON MAYORAL VETOES 150 151 There were none. 152 4 COMMITTEE REPORTS 153 154 Councilor Taylor reported that the Finance, Utilities and Rules Committee had met on Wednesday, May 28th, 155 and sent the rental cap ordinance back to Council with a positive recommendation. They also discussed the 156 Clay Terrace U.S. 31 Ramp Economic Development Area Ordinance, and the additional language that was 157 needed by the County. This also passed unanimously. The North End Phase II TIF bond ordinance had 158 previously been passed, so that is back on our agenda for a vote tonight. 159 160 Councilor Snyder reported that the Land Use and Special Studies Committee met on Wednesday May 21st. 161 Discussion continued on Ordinance D-2769-25, regarding the need for a valid permit to park a vehicle on a 162 multi-use path, sidewalk or bicycle lane. We will continue working on that as well as the UDO when we 163 meet this Wednesday, June 4th, at 5:30 p.m., at the Carmel Library. 164 165 OTHER REPORTS – (at the first meeting of the month specified below): 166 167 Henry Mestetsky, Director of Redevelopment, gave the monthly report to Council. The Wren and the 168 Windsor continue their buildout. Monon Square North is underway. 1st on Main continues buildout of its 169 condo units. Magnolia continues the buildout of its next set of condos. Civic Square Condos are underway, 170 which will wrap the Civic Square garage on the north and the west. Hamilton Crossing continues its 171 construction. Last week there was a Plan Commission Officer meeting, where a new 80-room hotel for 172 Republic was approved. This hotel will wrap a portion of the west and the south side of the parking garage, 173 and a beautiful façade treatment will wrap the rest. That will come before the Redevelopment Commission’s 174 Architecture Review Committee this month. 111 S. Rangeline is now fully open. Icon on Main continues its 175 construction, the apartments are now taking shape. Lots of progress is being made at the AT&T Site, both on 176 the Buckingham multi-family project and the headquarters project. The elevator shafts are now up at the 177 Ardalan Plaza site. The Economic Development Commission met earlier today and voted to approve the 178 North End Phase II project, which is the final step before Council can vote to approve this project. 179 180 Councilor Taylor asked if the hotel wrapping the Hamilton Crossing garage is replacing the apartments that 181 had originally been planned. Mr. Mestetsky replied that it is. Councilor Aasen asked if we could see visuals 182 of what the hotel will look like. Councilor Minnaar asked Director Mestetsky to clarify the funding of 183 Ardalan Plaza, and whether it would add to the city’s debt. He responded that the Redevelopment 184 Commission purchased two of the properties that went into his project, at about $1.2 Million total. The CRC 185 put that land into this project, except that the developer is building out a whole sidewalk around the site and 186 dedicating that back to the city, as well as building a public alley for everyone to use, and dedicating that 187 back to the city. So really, the CRC put in about $700,000.00, when we consider how much value we’re 188 getting back in land. This project is also going to generate about $100,000.00 per year in TIF, over 25 years. 189 With a net present value that’s about $2.5 Million that the city is getting back in its entirety. This was four 190 separate parcels, and no one did anything with these parcels for over 20 years. This type of project is possible 191 because the city and the Redevelopment Commission aggregated these parcels together over time. 192 193 Councilor Locke asked about the use of TIF dollars at Hamilton Crossing, and how this hotel benefits the 194 citizens of Carmel if it’s only used by Republic Airways. Director Mestetsky answered that this is a huge 195 training center for all of the Republic Airways pilots. To have landed these headquarters in Carmel is a huge 196 win for the city. Pilots from all over the country will come here for training, they will stay overnight in the 197 onsite hotel, and they will spend their dining and shopping dollars in Carmel. There will also be a public 198 plaza, akin to Midtown plaza, open to the public. 75% of the parking garage will be open to the public. 199 Director Mestetsky believes that from what the Council initially approved, we are getting as close as possible 200 to that. Future phases of this development will include office, retail, and multi-family. Councilor Locke then 201 stated that as this project progresses, he would like to see the public plazas be designed in a way as to be 202 fully functional for the city, and not just an insular amenity for Republic. His concern is that insular use does 203 5 not justify the benefit of receiving TIF funding. Councilor Joshi asked what the original number of 204 apartments had been, and Director Mestetsky responded that there had not been a number proposed, it was 205 conceptual in design. The intent had always been that Republic would build the parking garage needed for 206 their headquarters, and then that garage would be wrapped in apartments. Early on, Republic said that they 207 couldn’t build the apartments right now, but they wanted to move forward with starting on the headquarters 208 and garage. Council was asked if they would approve the bond knowing that it might not be apartments, it 209 might just be a nice façade, or something else, wrapping the garage. Council approved. That is how we 210 moved from apartments to a hotel wrapping this garage. 211 212 Eric Mehl, Chair of the Climate Action Advisory Committee, next gave the quarterly report to Council. Mr. 213 Mehl is also the Administration and Planning Director for Carmel Clay Parks, and he is the Parks’ 214 representative to the internal staff Sustainability Committee. He is trying to bridge the gap between the 215 Climate and Sustainability Committees. Mr. Mehl stated that they are reassessing the six main goals of the 216 43 standards within the Climate Action Plan, based on our priorities and our budget. The Climate Committee 217 is getting feedback from the Sustainability Committee on how to better achieve those goals, and on what 218 timeline. What might any roadblocks be, and which goals might be more achievable, sooner? They are also 219 analyzing which items have the biggest return on investment. Councilor Taylor asked about drought-resistant 220 landscaping. Mr. Mehl replied that this is one of the six main goals of the committee. 221 222 OLD BUSINESS 223 224 Council President Aasen announced the eighth reading of Ordinance D-2762-25; An Ordinance of the 225 Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 5, Sections 8-37, 8-47, and 8-226 48 of the Carmel City Code; Sponsor: Councilor Aasen. This item remains in the Land Use and Special 227 Studies Committee. 228 229 Council President Aasen announced the sixth reading of Ordinance D-2767-25; An Ordinance of the 230 Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 4, Section 2-96 of the Carmel 231 City Code; Sponsor(s): Councilor(s) Taylor and Snyder. This returns from the Finance, Utilities and Rules 232 Committee. Councilor Taylor shared that this item returns with a positive recommendation. He shared that 233 there was a robust discussion on lift assist fees, and how those fee amounts compare with neighboring towns. 234 Councilor Minnaar moved to approve this ordinance. Councilor Taylor seconded. There was no discussion. 235 Council President Aasen called for the vote. Ordinance D-2767-25 approved, 9-0. 236 237 Council President Aasen announced the fourth reading of Ordinance D-2769-25; An Ordinance of the 238 Common Council of the City of Carmel, Indiana, Amending Chapter 6, Article 4, Section 6-63 of the Carmel 239 City Code; Sponsor(s): Taylor and Ayers. This remains in the Land Use and Special Studies Committee. 240 241 Council President Aasen announced the fourth reading of Ordinance D-2770-25; An Ordinance of the 242 Common Council of the City of Carmel, Indiana, Adopting a New Article 6 Under Chapter 4 of the Carmel 243 City Code; Sponsor(s): Councilor(s) Aasen, Taylor, Snyder and Ayers. This item returns from the Finance, 244 Utilities and Rules Committee with a positive recommendation. Councilor Taylor shared that this item was 245 discussed at great length. His position on this ordinance is to maintain a balance between single-family 246 rentals and single-family homes in platted neighborhoods. Councilor Joshi asked about lines 91-92 in the 247 ordinance, and whether the terms “siblings, nieces, and nephews” could be added to the definition of 248 immediate family members. Council Attorney Ted Nolting responded that it could, and that “sibling” should 249 have been included all along. Councilor Snyder then moved to amend the ordinance to include the terms 250 proposed by Councilor Joshi. Councilor Joshi seconded. There was no further discussion on this amendment. 251 Council President Aasen called for the vote. Motion to Amend Ordinance D-2770-25 approved, 9-0. 252 Councilor Worrell stated that after speaking with the Mayor, he is now comfortable voting in favor of this 253 ordinance, as he now understands what the administration’s role will be in this. Councilor Green asked about 254 6 the 10% city-wide cap being removed, and how this would affect neighborhoods without HOA’s. Mr. 255 Nolting replied that subdivisions are being defined as platted neighborhoods, which may or may not have 256 HOA’s or covenants. Councilor Taylor moved to approve Ordinance D-2770-25, as amended. Councilor 257 Minnaar seconded the motion. Councilor Green then commented that this issue has been of concern for quite 258 a while, this is not just in response to recent actions by Fishers. Councilor Joshi commented that those 259 neighborhoods that already have more than 10% rentals will not be affected by this immediately, but it will 260 help in the long term. And although this may incentivize rentals in neighborhoods currently under the 10% 261 cap, the saving grace of this ordinance is the registry, which will help give our code enforcement department 262 the tools it needs. Councilor Worrell stated that we need to set a higher standard for landlords. This is not 263 about tenants, it’s about landlords actually taking care of their properties. We should enact standards such as 264 not allowing a large number of vehicles at a rental. Councilor Taylor stated that this ordinance protects 265 neighborhoods that don’t have an HOA, or have so many rentals, that they cannot update or change their 266 CCR’s. This will protect the largest investment that most people will make, which is the purchase of a home. 267 Councilor Snyder stated that as an owner of rental properties, himself, he fully supports this ordinance. 268 Councilor Ayers stated that it is difficult to find a home to purchase in Carmel, and this will help protect that 269 opportunity. Councilor Locke stated that ordinances do not forever fix an issue or end the discussion. We 270 still have the ability to listen to the community and adapt and change our ordinances to meet the 271 community’s needs. Councilor Minnaar stated that this ordinance is not about penalizing property owners or 272 excluding landlords. But cash offers from investors are often pricing homebuyers out of the Carmel market. 273 She commended Mr. Kohl for speaking up tonight and told him that he is exactly the future homebuyer that 274 she believes this ordinance will help. She believes this is a real issue to be addressed, which is why so many 275 HOA’s are trying to address it. As Dee Fox stated, CCR’s are very difficult and expensive to change. This is 276 why we should take this proactive measure right now. Council President Aasen thanked Councilor Taylor for 277 all of his hard work on this ordinance. He stated that this is not a perfect piece of legislation, but he will be 278 supporting it. He has the utmost faith in our city staff to implement these measures correctly. There was no 279 further discussion. Council President Aasen called for the vote. Motion to Approve Ordinance D-2770-25 280 As Amended approved, 9-0. 281 282 Council President Aasen announced the third reading of Ordinance D-2771-25; An Ordinance of the 283 Common Council of the City of Carmel, Indiana, Authorizing the Issuance of Economic Development Tax 284 Increment Revenue Bonds to Support the North End Phase II Project, and Authorizing and Approving Other 285 Actions in Respect Thereto; Sponsor: Councilor Aasen. This item returns from the Finance, Utilities and 286 Rules Committee. Council President Aasen explained that this was approved by the Finance Committee but 287 had to be held until this meeting to wait for the Economic Development Committee to have their vote. They 288 voted in approval, so now this returns from the Finance Committee. Councilor Worrell made a motion to 289 approve the ordinance. Councilor Taylor seconded. There was no further discussion. Council President 290 Aasen called for the vote. Ordinance D-2771-25 approved, 9-0. 291 292 Council President Aasen announced the third reading of Ordinance D-2772-25; An Ordinance of the 293 Common Council of the City of Carmel, Indiana, Adopting a New Article 8 Under Chapter 2 of the Carmel 294 City Code; Sponsor(s): Councilor(s) Aasen, Ayers, Minnaar, Snyder and Worrell. This item remains in the 295 Finance, Utilities and Rules Committee. 296 297 Council President Aasen announced the second reading of Ordinance D-2773-25; An Ordinance of the 298 Common Council of the City of Carmel, Indiana, Approving and Adopting a Revised Interlocal Agreement; 299 Sponsor: Councilor Aasen. This item returns from the Finance, Utilities and Rules Committee. Councilor 300 Taylor explained that this ordinance corrects a minor omission in the original Interlocal Agreement, to allow 301 excess TIF generated to pay for debt service. This was just a technical correction to an ordinance that we had 302 passed previously. Councilor Snyder moved to approve the ordinance. Councilor Joshi seconded. There was 303 no discussion. Council President Aasen called for the vote. Ordinance D-2773-25 approved, 9-0. 304 305 7 PUBLIC HEARINGS 306 307 There were none. 308 309 NEW BUSINESS 310 311 There was none. 312 313 AGENDA ADD-ON ITEMS 314 315 There were none. 316 317 OTHER BUSINESS 318 319 Council President Aasen announced Property Abatements/Compliance with Statement of Benefits. This 320 includes abatements for four entities: 321 1. Alliance for Cooperative Energy Services Power Marketing, LLC 322 2. Midcontinent Independent System Operator, Inc. 323 3. Schlage Lock Company, LLC 324 4. ZP Investments, LLC and Zotec Partners, LLC. 325 326 This item was sent to the Finance, Utilities and Rules Committee for consideration. 327 328 ANNOUNCEMENTS 329 330 There were none. 331 332 ADJOURNMENT 333 334 Council President Aasen adjourned the meeting at 7:28 p.m. 335 336 Respectfully Submitted, 337 _______________________________ 338 Jacob Quinn, Clerk 339 340 341 342 Approved, 343 344 345 _______________________________ 346 Adam Aasen, Council President 347 ATTEST: 348 349 350 _______________________________ 351 Jacob Quinn, Clerk 352 SPONSOR: Councilor Aasen This Ordinance was prepared by Benjamin J. Legge, City Attorney on January 15, 2025, at 11:30 a.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise. ORDINANCE NO. D-2762-25 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 AMENDING CHAPTER 8, ARTICLE 5, SECTIONS 8-37, 8-47, AND 8-48 4 OF THE CARMEL CITY CODE. 5 6 Synopsis: Ordinance establishing 15-minute parking space(s) at the beginning of each block 7 along Main Street from Knoll Ct to 1st Ave SE, regulating parking on Range Line from Main Street to 8 1st Street, and removing inconsistencies and duplications of code. 9 10 WHEREAS, the City, pursuant to Indiana Code § 9-21-1-3, within the reasonable exercise of its police 11 power, may by ordinance regulate vehicular parking; 12 13 WHEREAS, the City has previously regulated vehicular parking within its corporate limits, such 14 regulation being codified, in part, under Carmel City Code §§ 8-37, 8-47, and 8-48; and 15 16 WHEREAS, the Common Council of the City now finds that it is in the interests of public safety and 17 welfare to amend the regulation of parking of motor vehicles on City streets. 18 19 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, 20 as follows: 21 22 Section 1. The foregoing Recitals are fully incorporated herein by this reference. 23 24 Section 2. The following subsections of Carmel City Code Section 8-37(a) are hereby amended and 25 added, and shall read as follows: 26 27 “§ 8-37 Fifteen-Minute Loading Zones. 28 29 (a) Fifteen-minute loading/unloading zones are established at the following locations: 30 . . . 31 (2) The first parking space on the south side of Main Street east of Veterans Way. 32 33 (3) Reserved for future use. 34 . . . 35 (5) Reserved for future use. 36 . . . 37 (13) The first two spaces on the north side of Main Street west of 1st Avenue NW. 38 . . . 39 (16) Reserved for future use.” 40 41 42 43 44 [the remainder of this page is left intentionally blank] 45 46 47 48 Ordinance D-2762-25 49 Page One of Four Pages 50 SPONSOR: Councilor Aasen This Ordinance was prepared by Benjamin J. Legge, City Attorney on January 15, 2025, at 11:30 a.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise. Section 3. The following subsection of Carmel City Code Section 8-47 is hereby added and shall read 51 as follows: 52 53 “§ 8-47 No Parking Areas. 54 55 (a) No person shall park a vehicle at any time in the following locations: 56 . . . 57 (77) On either side of Range Line Road from Main Street to the East-West alley between Main 58 Street and 1st Street NW.” 59 60 Section 4. The following subsections of Carmel City Code Section 8-48 are hereby amended and shall 61 read as follows: 62 63 “§ 8-48 Limited Parking Areas. 64 (c) Three-hour parking zones between the hours of 6:00 a.m. and 5:00 p.m., Monday through Saturday 65 only, are established on the following City streets: 66 67 (1) The second space on the south side of Main Street west of 1st Ave SE. 68 . . . 69 (4) The first nine parking spaces on the north side of Main Street east of 3rd Ave NW. 70 (5) The first six parking spaces on the south side of Main Street west of the Monon Trail. 71 (6) The first seven parking spaces on the north side of Main Street east of the Monon Trail. 72 (7) The first six parking spaces on the south side of Main Street west of Veterans Way. 73 (8) The first four parking spaces on the south side of Main Street west of Range Line Road. 74 . . . 75 (44) Reserved for future use. 76 (45) Reserved for future use. 77 (46) Reserved for future use. 78 (47) Reserved for future use. 79 (48) The first 6 spaces on the north side of Main Street east of 1st Avenue NW. 80 (49) Reserved for future use. 81 (50) Reserved for future use. 82 . . . 83 (f) No vehicle shall be parked: 84 . . . 85 (3) On either side of Range Line Road from the East-West alley between Main Street and 1st 86 Street NW to Smoky Row for more than two hours between 6:00 a.m. EST and 5:00 p.m. EST, 87 Monday through Saturday only, excepting for any vehicle which properly displays a valid 88 Merchant Sticker issued pursuant to subsection (f)(3); 89 . . . 90 (o) A two-hour parking zone between the hours of 6:00 a.m. and 5:00 p.m., Monday through 91 Saturday only, is established on the north side of Main Street from a point 221 feet east of the 92 intersection of Main Street and Range Line Road to a point 1060 feet east of the intersection of Main 93 Street and Range Line Road.” 94 95 96 97 98 Ordinance D-2762-25 99 Page Two of Four Pages 100 SPONSOR: Councilor Aasen This Ordinance was prepared by Benjamin J. Legge, City Attorney on January 15, 2025, at 11:30 a.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise. Section 5. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance 101 are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such 102 repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other 103 ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the 104 effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be 105 imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. 106 107 Section 6. If any portion of this Ordinance is for any reason declared to be invalid by a court of 108 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance 109 so long as enforcement of same can be given the same effect. 110 111 Section 7. The remaining portions of Carmel City Code Sections 8-37, 8-47, and 8-48 are not 112 affected by this Ordinance upon its passage. 113 114 Section 8. This Ordinance shall be in full force and effect from and after the date of its passage 115 and signing by the Mayor and such publication as required by law. 116 117 118 119 120 121 122 123 124 125 126 127 128 129 [the remainder of this page is left intentionally blank] 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 Ordinance D-2762-25 149 Page Three of Four Pages 150 151 SPONSOR: Councilor Aasen This Ordinance was prepared by Benjamin J. Legge, City Attorney on January 15, 2025, at 11:30 a.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise. PASSED by the Common Council of the City of Carmel, Indiana, this ________day of 152 _______________________, 2025, by a vote of _____ ayes and _____ nays. 153 154 COMMON COUNCIL FOR THE CITY OF CARMEL 155 156 ______________________________ ______________________________ 157 Adam Aasen, President Matthew Snyder, Vice-President 158 159 ______________________________ ______________________________ 160 Rich Taylor Anthony Green 161 162 ______________________________ ______________________________ 163 Jeff Worrell Teresa Ayers 164 165 ______________________________ ______________________________ 166 Shannon Minnaar Ryan Locke 167 168 ______________________________ 169 Anita Joshi 170 171 ATTEST: 172 173 174 ______________________________ 175 Jacob Quinn, Clerk 176 177 Presented by me to the Mayor of the City of Carmel, Indiana this __________ day of 178 _________________________ 2025, at _________ __.M. 179 180 181 ______________________________ 182 Jacob Quinn, Clerk 183 184 Approved by me, Mayor of the City of Carmel, Indiana, this __________ day of 185 ________________________ 2025, at _________ __.M. 186 187 188 ______________________________ 189 Sue Finkam, Mayor 190 191 ATTEST: 192 193 194 ______________________________ 195 Jacob Quinn, Clerk 196 197 198 199 Ordinance D-2762-25 200 Page Four of Four Pages 201 SPONSOR(S): Councilor(s) Taylor and Ayers This Ordinance was prepared by Benjamin J. Legge, City Attorney on April 9, 2025, at 11:00 a.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise. ORDINANCE NO. D-2769-25 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 AMENDING CHAPTER 6, ARTICLE 4, SECTION 6-63 OF THE CARMEL CITY CODE 4 5 Synopsis: Ordinance amending the fine for failing to display a valid permit for motor vehicle parking 6 on a city sidewalk, multi-use path, or bicycle lane. 7 8 WHEREAS, the City of Carmel (the “City”) within the reasonable exercise of its police power, may 9 by ordinance regulate the operation of motorized vehicles on City sidewalks, multi-use paths, and bicycle 10 lanes; and 11 12 WHEREAS, the City has previously regulated the operation of motorized vehicles on City 13 sidewalks, multi-use paths, and bicycle lanes within its corporate limits, such regulations being codified, in 14 part, in City Code Section 6-63; and 15 16 WHEREAS, the Common Council of the City of Carmel, Indiana, now finds that it is in the interest 17 of public safety and welfare to amend the regulations related to the operation of motorized vehicles on City 18 sidewalks, multi-use paths, and bicycle. 19 20 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, 21 as follows: 22 23 Section 1. The foregoing Recitals are fully incorporated herein by this reference. 24 25 Section 2. The following subsection of Carmel City Code Section 6-63 is hereby amended and shall 26 read as follows: 27 28 “§ 6-63 Regulation of Vehicular Use on Sidewalks, Multi-Use Paths, Bicycle Lanes, and Roadways. 29 . . . 30 (k) Penalties. Any person who fails to display a valid permit under this section shall be subject to a fine of 31 $200 for the first offense, a fine of $250 for the second offense, and a fine of $2,500, plus costs, for all 32 subsequent offenses within the same calendar year. All other violations under violating this section 33 shall be subject to a fine of $10, for the first such offense, a fine of $25, for the second offense, and a 34 fine of $100, plus costs, for all subsequent offenses within the same calendar year. If a vehicle displays 35 an invalid permit, the fine amount will be increased by an additional $150. This does not limit the 36 authority of the court to impose additional penalties as permitted by law for moving violations, 37 including suspension of driving privileges and mandating the violator attend and complete a defensive 38 driving class. First and second offense violations of this section may be filed with the City Court' 39 Ordinance Violations Bureau.” 40 41 Section 3. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance 42 are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such 43 repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other 44 ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the 45 effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be 46 imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. 47 48 Ordinance D-2769-25 49 Page One of Three Pages 50 SPONSOR(S): Councilor(s) Taylor and Ayers This Ordinance was prepared by Benjamin J. Legge, City Attorney on April 9, 2025, at 11:00 a.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise. Section 4. If any portion of this Ordinance is for any reason declared to be invalid by a court of 51 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance 52 so long as enforcement of same can be given the same effect. 53 54 Section 5. The remaining portions of Carmel City Code Sections 8-47 and 8-48 are not affected by 55 this Ordinance upon its passage. 56 57 Section 6. This Ordinance shall be in full force and effect from and after the date of its passage 58 and signing by the Mayor and such publication as required by law. 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 [the remainder of this page is left intentionally blank] 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 Ordinance D-2769-25 99 Page Two of Three Pages 100 SPONSOR(S): Councilor(s) Taylor and Ayers This Ordinance was prepared by Benjamin J. Legge, City Attorney on April 9, 2025, at 11:00 a.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise. PASSED by the Common Council of the City of Carmel, Indiana, this ________ day of 101 _______________________, 2025, by a vote of _____ ayes and _____ nays. 102 103 COMMON COUNCIL FOR THE CITY OF CARMEL 104 105 ______________________________ ______________________________ 106 Adam Aasen, President Matthew Snyder, Vice-President 107 108 ______________________________ ______________________________ 109 Rich Taylor Anthony Green 110 111 ______________________________ ______________________________ 112 Jeff Worrell Teresa Ayers 113 114 ______________________________ ______________________________ 115 Shannon Minnaar Ryan Locke 116 117 ______________________________ 118 Anita Joshi 119 120 ATTEST: 121 122 123 ______________________________ 124 Jacob Quinn, Clerk 125 126 Presented by me to the Mayor of the City of Carmel, Indiana this __________ day of 127 _________________________ 2025, at _________ __.M. 128 129 130 ______________________________ 131 Jacob Quinn, Clerk 132 133 Approved by me, Mayor of the City of Carmel, Indiana, this __________ day of 134 ________________________ 2025, at _________ __.M. 135 136 137 ______________________________ 138 Sue Finkam, Mayor 139 140 ATTEST: 141 142 143 ______________________________ 144 Jacob Quinn, Clerk 145 146 147 148 Ordinance D-2769-25 149 Page Three of Three Pages 150 Sponsors: Councilors Aasen, Ayers, Minnaar, Snyder, and Worrell 1 ORDINANCE NO. D-2772-25 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA 3 ADOPTING A NEW ARTICLE 8 UNDER CHAPTER 2 OF THE CARMEL CITY CODE 4 Synopsis: 5 An Ordinance adopting requirements for nonprofit organizations receiving public support from the City 6 7 WHEREAS, the City of Carmel has a vested interest in ensuring that affiliated nonprofit 8 corporations and community development corporations (“Affiliated Entities”) operate in transparency and 9 the best interest of the City of Carmel; and 10 11 WHEREAS, the City Council desires to amend the Carmel City Code to add requirements that 12 Affiliated Entities and other nonprofits must follow in order to remain eligible for public funds or City 13 assistance. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF 16 CARMEL, INDIANA, as follows: 17 18 Section 1. The foregoing Recitals are fully incorporated herein by this reference. 19 Section 2. A new Article 8 is established under Chapter 2 of the Carmel City Code, to read as 20 follows: 21 CHAPTER 2 CITY ADMINISTRATION 22 23 ARTICLE 8: AFFILIATED ENTITIES 24 §2-403 DEFINITIONS. 25 For the purpose of this Article, the following definitions shall apply unless the context clearly indicates or 26 requires a different meaning. 27 AFFILIATED ENTITY means any one of the following: 28 (1) A non-profit organization established as a “supporting organization” to the City or its agencies 29 under Internal Revenue Code 509(a)(3). 30 (2) A non-profit organization where a majority of the members of the governing body are 31 appointed by City officials, agents or employees acting their official capacity. 32 (3) A non-profit organization utilized by the City to directly or indirectly support or accept 33 donations from sources other than direct tax or fee revenue to support events or programs of the City. 34 (4) A non-profit community development corporation that exists to support the City or its 35 agencies. 36 (5) Any other non-profit corporation that receives at least $25,000 a year in public support from 37 the City that has not specifically appropriated by the City Council through the annual budget or other 38 specific ordinance, or that has been awarded through a grant process defined and authorized by an 39 ordinance adopted by the City Council. 40 An Affiliated Entity shall not include any organization or entity created by state or federal statute. 41 IN-KIND SUPPORT means non-monetary support from the City of Carmel, including but not 42 limited to, the use of City resources or employees. 43 PUBLIC SUPPORT means public funds or in-kind support from the City or its agencies. 44 PUBLIC FUNDS has the meaning set forth in Ind. Code 5-13-4-20. 45 46 § 2-404 REQUIREMENTS 47 48 (a) Beginning July 1, 2025, to be eligible to continue to receive public support, an Affiliated Entity must 49 comply with the following: 50 51 (1) At least one member of the Affiliated Entity’s governing body must be appointed by the City 52 Council; and 53 (2) The remaining members of the Affiliated Entity’s governing body must be approved by a vote of 54 the City Council. 55 56 (b) Beginning July 1, 2025, any member of the governing body of any non-profit organization that is 57 appointed by City officials, agents or employees must be approved by a vote of the City Council unless 58 otherwise required by law. 59 60 (c) All Affiliated Entities receiving public support shall be subject to an annual budget review process by 61 the City Council in the same manner as other City agencies. 62 63 (d) Any nonprofit organization receiving public support through a grant must follow a process established 64 by the City Council. 65 66 Section 3. All prior ordinances or parts thereof inconsistent with any provision of this 67 Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this 68 Ordinance, such repeal to have prospective effect only. 69 Section 4. If any portion of this Ordinance is for any reason declared to be invalid by a court 70 of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this 71 Ordinance 72 Section 5. This Ordinance shall be in full force and effect from and after the date of its passage 73 and signing by the Mayor and such publication as required by law. 74 75 [Signature Page Follows] 76 77 PASSED by the Common Council of the City of Carmel, this ________ day of 78 __________________, 2025, by a vote of ______ ayes and _____ nays. 79 COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA 80 81 ___________________________________ ____________________________________ 82 Adam Aasen, President Matthew Snyder, Vice-President 83 84 ___________________________________ ____________________________________ 85 Teresa Ayers Anita Joshi 86 87 ___________________________________ ____________________________________ 88 Ryan Locke Shannon Minnaar 89 90 ___________________________________ ___________________________________ 91 Anthony Green Rich Taylor 92 93 ___________________________________ 94 Jeff Worrell 95 96 97 ATTEST: 98 99 __________________________________ 100 Jacob Quinn, Clerk 101 102 Presented by me to the Mayor of the City of Carmel, Indiana this _______ day of 103 _________________________ 2025, at _______ __.M. 104 105 ____________________________________ 106 Jacob Quinn, Clerk 107 108 Approved by me, Mayor of the City of Carmel, Indiana, this ________ day of 109 ________________________ 2025, at _______ __.M. 110 111 _________________________________ 112 Sue Finkam, Mayor 113 114 ATTEST: 115 116 ___________________________________ 117 Jacob Quinn, Clerk 118 119 120 Prepared by: Ted Nolting 121 Kroger Gardis & Regas LLP 122 111 Monument Circle, Suite 900 123 Indianapolis, IN 46204 124 125 Sponsor: Minnaar 1 2 3 4 5 6 7 8 9 10 11 CARMEL, INDIANA 12 13 14 15 16 17 US 421-WCD 18 PLANNED UNIT DEVELOPMENT DISTRICT 19 20 21 ORDINANCE Z-697-25 22 23 24 25 26 27 28 29 May 27, 2025 30 31 32 Version 19 052725 2 TABLE OF CONTENTS 33 Page 34 35 Section 1. Applicability of Ordinance .............................................................................................. 4 36 37 Section 2. Definitions ....................................................................................................................... 4 38 39 Section 3. Underlying Zoning District, Permitted Uses .................................................................. 5 40 41 Section 4. Development Standards .................................................................................................. 6 42 43 Section 5. US 421 – Michigan Road Overlay District ................................................................. 11 44 45 Section 6. Right-of-way and Access Standards ............................................................................. 11 46 47 Section 7. Procedural Provisions ...............................................................................................12 48 49 Section 8. Controlling Developer’s Consent .............................................................................13 50 51 Section 9. Violations and Enforcement .....................................................................................14 52 53 Section 10. Exhibits .....................................................................................................................14 54 55 Exhibit A Legal Description 56 57 Exhibit B Concept Plan 58 59 Exhibit C Architectural Character Imagery – 3-story buildings 60 61 Exhibit D Architectural Character Imagery – 4-story buildings 62 63 Exhibit E Character Imagery – Amenities and Exterior Spaces 64 65 Exhibit F Architectural Standards – Area A 66 67 Exhibit G Modified Local Road Standard 68 69 Exhibit H Additional Standards – Area B 70 71 72 73 Version 19 052725 3 74 Sponsor: Minnaar 75 76 77 ORDINANCE Z-697-24 78 79 AN ORDINANCE OF THE COMMON COUNCIL OF THE 80 CITY OF CARMEL, INDIANA 81 ESTABLISHING 82 THE US 421-WCD PLANNED UNIT DEVELOPMENT DISTRICT 83 84 Synopsis: 85 Ordinance Establishes the US 421-WCD Planned Unit Development District Ordinance (the 86 “US 421-WCD PUD”). The Ordinance would rezone the real estate from I-1 Industrial to a 87 Planned Unit Development district allowing the development of a mixed-use development 88 including multi-family and commercial uses as depicted on the Concept Plan (attached as 89 Exhibit B). 90 91 WHEREAS, Articles 4.02 and 9.05 of the Carmel Unified Development Ordinance, 92 Ordinance Z-625-17, as amended (the “UDO”), provides for the establishment of a Planned Unit 93 Development District in accordance with the requirements of I.C. § 36-7-4-1500 et seq. (the 94 “PUD Statute”); and 95 96 WHEREAS, Edward Rose Properties, Inc., (“Edward Rose”), submitted an application 97 to the Carmel Plan Commission (the “Plan Commission”) to adopt a PUD District Ordinance for 98 certain real estate in the City of Carmel, Hamilton County, Indiana, as legally described in 99 Exhibit A attached hereto (the “Real Estate”); and 100 101 WHEREAS, Edward Rose’s application is consistent with the provisions of the UDO 102 and PUD Statute; and 103 104 WHEREAS, after proper notice, and pursuant to the provisions of the PUD Statute and 105 UDO, the Plan Commission conducted a public hearing on March 18, 2025 concerning Edward 106 Rose’s application for a PUD District Ordinance, which application was docketed as PZ-2024-107 00___ PUD, and 108 109 WHEREAS, the Plan Commission, at its hearing on May 20, 2025, has given a 110 Favorable Recommendation to this US 421-WCD PUD (the “US 421-WCD Ordinance”), which 111 establishes the US 421-WCD Planned Unit Development District (the “US 421-WCD District”). 112 113 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of 114 Carmel, Indiana (the “Council”), that: (i) pursuant to IC §36-7-4-1500 et seq., the Council adopts 115 this US 421-WCD Ordinance, as an amendment to the Zone Map; (ii) all prior ordinances or 116 parts thereof inconsistent with any provision of this US 421-WCD Ordinance and its exhibits are 117 hereby made inapplicable to the use and development of the Real Estate; (iii) all prior 118 commitments and restrictions applicable to the Real Estate shall be null and void and replaced 119 Version 19 052725 4 and superseded by this US 421-WCD Ordinance; and, (iv) this US 421-WCD Ordinance shall be 120 in full force and effect from and after its passage and signing. 121 122 Section 1. Applicability of Ordinance. 123 124 Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a Planned 125 Unit Development District to be known as the US 421-WCD District. 126 127 Section 1.2 Development in the US 421-WCD District shall be governed entirely by 128 (i) the provisions of this US 421-WCD Ordinance and its exhibits, and (ii) 129 those provisions of the UDO specifically referenced in this US 421-WCD 130 Ordinance. Where this US 421-WCD Ordinance is silent, the applicable 131 standards of the UDO shall apply. 132 133 Section 2. Definitions and Rules of Construction. 134 135 Section 2.1 General Rules of Construction. The following general rules of 136 construction and definitions shall apply to the US 421-WCD Ordinance: 137 138 A. The singular number includes the plural and the plural the singular, unless 139 the context clearly indicates the contrary. 140 141 B. Words used in the present tense include the past and future tenses, and the 142 future the present. 143 144 C. The word “shall” indicates a mandatory requirement. The word “may” 145 indicates a permissive requirement. 146 147 Section 2.2 Definitions. The definitions (i) of the capitalized terms set forth below in 148 this Section 2.2, as they appear throughout this US 421-WCD Ordinance, shall have the 149 meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms 150 included in this US 421-WCD Ordinance and not defined below in this Section 2.2, shall 151 be the same as set forth in the UDO. 152 153 “ADLS”: The architecture, design, exterior lighting, landscaping and signage 154 associated with a Building. 155 156 “ADLS Approval”: Approval by the Plan Commission of architecture, design, 157 lighting and landscaping and signage pursuant to the procedures for ADLS review 158 of the UDO and the Development Requirements. 159 160 Area A: The area identified as “Area A” on page 2 of 2 of Exhibit B (Concept 161 Plan). 162 163 Area B: The area identified as “Area B” on page 2 of 2 of Exhibit B (Concept 164 Plan). 165 166 Version 19 052725 5 Architectural Character Imagery: These comprise the images attached hereto as 167 Exhibit C (Architectural Character Imagery – 3-story buildings), and Exhibit D 168 (Architectural Character Imagery – 4-story buildings). 169 170 Architectural Standards – Area A: The Architectural Standards incorporated 171 herein under Exhibit F (Architectural Standards – Area A). 172 173 Concept Plan: The general plan for the development of the Real Estate, including 174 but not limited to Buildings, Lots, streets and green space areas attached hereto as 175 Exhibit B (Concept Plan). 176 177 Controlling Developer: Shall mean Edward Rose Properties, Inc. or the owner of 178 the Real Estate at the time of adoption of the US 421-WCD Ordinance, until such 179 time as Edward Rose or the owner transfers or assigns, in writing, its rights as 180 Controlling Developer. 181 182 Development Requirements: Written development standards and any written 183 requirements specified in this US 421-WCD Ordinance, which must be satisfied 184 in connection with the approval of a Development Plan and Building Permits. 185 186 Plan Commission: The City’s Plan Commission. 187 188 Real Estate: The Real Estate legally described in Exhibit A (Legal Description). 189 190 Underlying Zoning Districts: The zoning district(s) of the UDO specified in this 191 US 421-WCD Ordinance which include applicable Development Requirements 192 applicable to the development of the Real Estate as specified in this US 421-WCD 193 Ordinance. 194 195 Unified Development Ordinance (or “UDO”): The Unified Development 196 Ordinance, Ordinance Z-625-17, of the City of Carmel, Hamilton County, 197 Indiana, as amended. 198 199 Zone Map: The City’s official Zone Map corresponding to the UDO. 200 201 Section 3. Underlying Zoning District and Permitted Uses. 202 203 Section 3.1 Underlying Zoning Districts: The Conceptual Plan divides the District into 204 two (2) Areas: Area A and Area B. The Underlying Zoning District for each Area shall 205 be as set forth below: 206 207 A. Area A: I1 (Industrial) District. 208 209 B. Area B: B3 (Business) District Subject to the US 421- Michigan Road 210 Overlay District. 211 212 Section 3.2 Permitted Uses: The Conceptual Plan divides the District into two (2) 213 Areas: Area A (Residential), Area B (Commercial). The Permitted Uses within each Area 214 Version 19 052725 6 shall be as set forth below: 215 216 A. Area A: All Uses permitted in the Underlying Zoning District and Multi-217 family Residential Dwellings. 218 219 B. All Permitted Uses in the B3 Business District of the UDO except the 220 following Uses which shall be prohibited: All Uses in the Agricultural 221 Uses category of the UDO Use Table, all Uses in the Industrial Uses 222 category of the UDO, Automobile Service Station including fueling/gas 223 station, Automobile/boat Sales, Automobile/truck Repair, Carwash, 224 Commercial Kennel, Commercial Parking Lot, Equipment Sales/repair, 225 Funeral Home, Lumber/building Materials Sales, Motor bus or railroad 226 passenger station, Radio/Television studio, Radio/Television transmission 227 tower, Recreational Vehicle/Mobile Home Sales, Self-service Laundry, 228 Shooting Gallery, and Veterinary Hospital with Commercial Kennel. 229 230 Section 3.3 Special Uses: Special Uses shall be permitted as set forth in the Use Table 231 and shall be subject to review and subsequent approval pursuant to the requirements of 232 the UDO. 233 234 Section 3.4 Non-Conforming Uses: Non-Conforming Uses and exemptions shall be 235 subject to the requirements of the UDO. 236 237 Section 4. Development Standards. 238 239 Section 4.1 Bulk Requirements: The following standards shall apply. 240 241 A. Minimum Lot Area: 0 acres 242 243 B. Minimum Lot Width: Not applicable 244 245 C. Minimum Lot Frontage: Not Applicable 246 247 D. Public Utilities: required community water and sanitary sewer system 248 hookup 249 250 E. Minimum Front Yard: 5 feet as measured form a public street 251 252 F. Minimum Side Yard Setback: 5 feet 253 254 G. Minimum Rear Yard Setback: 5 feet 255 256 H. Maximum Lot Coverage: 90% (applies to the Real Estate) 257 258 I. Minimum Living Area per Dwelling: Not Applicable 259 260 J. Minimum Ground Floor Area: Not applicable 261 262 Version 19 052725 7 K. Maximum Building Height: Sixty (60) feet 263 264 Section 4.2 Accessory Building and Uses: Accessory Buildings and Uses shall be 265 permitted subject to the terms and restrictions of the UDO applicable to the Underlying 266 Zoning District as amended by this Section 4. 267 268 Section 4.3 Architecture, Amenities and Exterior Spaces: 269 270 A. Architectural Character Imagery: The Applicable architectural Character 271 Imagery indicating conceptually the intended architecture and appearance 272 of Multi-family Dwellings are contained within the images attached hereto 273 as Exhibit C (Architectural Character Imagery – 3-story buildings), and 274 Exhibit D (Architectural Character Imagery – 4-story buildings). 275 276 B. Building Architecture: 277 278 1. Area A: 279 280 a. The architectural design of all buildings in Area A of this US 281 421-WCD PUD shall be generally consistent with the 282 illustrations included in Exhibit C (Architectural Character 283 Imagery – 3-story buildings), and Exhibit D (Architectural 284 Character Imagery – 4-story buildings), subject to ADLS 285 Approval. 286 287 b. Applicable architectural requirements and standards for all 288 buildings in Area A are contained in Exhibit F (Architectural 289 Standards – Area A) of this US 421-WCD Ordinance. 290 291 c. Buildings 1, 2, 3: 3 Stories, Every dwelling shall provide a 292 waterside balcony or patio. 293 294 d. Building 4: 3 Stories. Every dwelling shall provide a balcony 295 or patio with a woods/open space view. 296 297 e. Buildings A, B, C: 4 stories built to streetscape. All buildings 298 shall include an elevator and attached garages. 299 300 2. Area B: Buildings in Area B shall comply with the architectural 301 standards of the US 421 – Michigan Road Overlay District. 302 303 C. Amenities: The amenities identified below shall be provided in Area A: 304 305 Version 19 052725 8 1. Coworking space with private offices/workstations and private 306 meeting rooms, 307 308 2. Fitness area, 309 310 3. Pool, sundeck, and cabanas, 311 312 4. fire pits or fire tables, 313 314 5. Grilling areas, 315 316 6. Event suite, 317 318 7. Roof terrace, 319 320 8. Gathering spaces, one of which shall be west of Building 4 as depicted 321 in the bottom image on Exhibit E. 322 323 9. Pet grooming spa, leash-free pet park, and 324 325 10. EV charging. 326 327 D. Exterior Spaces: 328 329 1. Exterior Spaces shall be generally consistent with the illustrations 330 included in Exhibit E (Character Imagery – Amenities and Exterior 331 Spaces), subject to ADLS Approval. 332 333 2. The Controlling Developer will explore incorporating the existing RCI 334 Globe feature within the site, during the DP/ADLS process. In the 335 event it is not incorporated, the Controlling Developer will donate the 336 RCI globe to the City. If the City does not want the RCI globe, the 337 Controlling Developer will make the RCI Globe available to other 338 civic organizations. If within one hundred fifty (150) days of 339 submitting a DP/ADLS application for Area A the City or other civic 340 organization has not removed the RCI Globe from the Real Estate with 341 a mutually acceptable agreement, Edward Rose will have the option to 342 dispose of the RCI Globe. Notwithstanding the above, the RCI Globe 343 shall not be removed from the Real Estate until such time as Edward 344 Rose takes possession of the Real Estate. 345 346 Section 4.4 Density and Intensity Standards: The maximum number of Residential 347 Dwellings shall be three hundred and sixty (360). 348 Version 19 052725 9 349 Section 4.5 Fence and Wall: The Fence and Wall Standards of the UDO shall apply to 350 the Real Estate. 351 352 Section 4.6 Floodplain: The Floodplain Standards of the UDO shall apply to the Real 353 Estate. 354 355 Section 4.7 Grading and Drainage: The Grading and Drainage Standards of the UDO 356 shall apply to the Real Estate. 357 358 Section 4.8 Height: The Height standards of the UDO shall apply to Area B. 359 360 Section 4.9 Home Occupations, Private Swimming Pools and Residential Kennels: 361 Home Occupations, Private Swimming Pools and Residential Kennels shall be permitted 362 in Area A and shall be subject to the requirements of the UDO. 363 364 Section 4.10 Landscaping. Landscaping shall comply with Section 5.19 of the UDO 365 except as modified below: 366 367 A. Landscaped Areas. 368 369 1. Bufferyards: 370 371 a. Bufferyards shall not be required between (i) uses internal 372 to the Real Estate, (ii) between Area A and Area B, and (iii) 373 along 99th Street. 374 375 b. All required Bufferyards shall be a minimum of ten (10) 376 feet in width. 377 378 c. Type B Bufferyard plantings shall be required along the 379 external perimeter of Area A. 380 381 d. A Type A Bufferyard plantings shall be required along the 382 external perimeter of Area B. 383 384 e. Bufferyard plantings and perimeter parking lots plantings 385 shall not be cumulative, the greater planting standard shall 386 apply. 387 388 f. A Tree Preservation area with a minimum area of two (2.0) 389 acres shall be provided in the northwest corner of the Real 390 Estate as generally depicted on the Concept Plan. 391 392 2. Native landscaping/vegetation shall be provided around the ponds 393 in select areas (minimum of 40% of the pond perimeter) instead of 394 turf grass. The native landscaping/vegetation shall be submitted 395 and approved as part of a DP/ADLS application. 396 Version 19 052725 10 397 Section 4.11 Lot: The Lot standards of the UDO shall apply to the Real Estate. 398 399 Section 4.12 Outdoor Display and Storage: The Outdoor Display and Storage standards 400 of the UDO shall apply to the Real Estate. 401 402 A. Trash enclosures shall comply with Section 5.03.C.2 of the UDO. 403 404 Section 4.13 General Parking Standards: Parking shall comply with Section 5.28 and 405 Section 5.29 (bike Parking) of the UDO, except as modified below: 406 407 A. One and one-half (1.5) spaces per Dwelling shall be required. 408 409 B. Parking Spaces (i) within driveways, (ii) within garages, and (iii) on-street 410 parking shall count toward the number of required parking spaces. 411 412 C. Drive aisles shall be twenty-four (24) feet in width. 413 414 D. The standards of Section 5.29.A.2 pertaining to the number of Long Term 415 Bicycle Parking Spaces shall be the required number rather than 416 “Encouraged” as stated in this section of the UDO. 417 418 Section 4.14 Recreational Vehicle: The Recreational Vehicle standards of the UDO 419 shall apply to the Real Estate. 420 421 Section 4.15 Premises Identification: The Premises Identification standards of the UDO 422 shall apply to the Real Estate. 423 424 Section 4.16 Setback: The Setback standards of the UDO shall apply to the Real Estate. 425 426 Section 4.17 Signage Requirements. All signage on the Real Estate shall comply with 427 the UDO. 428 429 Section 4.18 Temporary Uses and Structures: Temporary Uses and Structures shall be 430 permitted as set forth in the Use Table and shall be subject to the requirements of the 431 UDO. 432 433 Section 4.19 Telecommunication Facility: The Telecommunication Facility standards 434 of the UDO shall apply to the Real Estate. 435 436 Section 4.20 Use Specific Standards: The Use Specific Standards of the UDO shall 437 apply to the Real Estate. 438 439 Section 4.21 Utility Service: The Utility Service standards of the UDO shall apply to 440 the Real Estate. 441 442 Section 4.22 Vision Clearance: The Vision Clearance Standards of the UDO shall apply 443 to the Real Estate. 444 Version 19 052725 11 445 Section 4.23 Weed and Solid Waste: The Weed and Solid Waste standards of the UDO 446 shall apply to the Real Estate. 447 448 Section 4.24 Wellhead Protection: The Wellhead Protection Standards of the UDO 449 shall apply to the Real Estate. 450 451 Section 4.25 Wireless Support Structure: The Wireless Support Structure standards of 452 the UDO shall apply to Area A. 453 454 Section 4.26 General Yard Standards: The General Yard Standards of the UDO shall 455 apply to the Real Estate. 456 457 Section 4.27 Lighting: Lighting in Area A and Area B shall comply with Section 3.92 458 (421-OL Lighting Standards) of the UDO. 459 460 Section 5. US 421 - Michigan Road Overlay District. 461 462 Section 5.1 Section 3.83 (US 421 – Michigan Road Overlay District) shall apply to 463 Area B of the Real Estate except as modified below: 464 465 A. The Minimum Tract size shall be as generally illustrated as Area B on 466 the Concept Plan. 467 468 B. Greenbelt Width: A landscape greenbelt area shall extend along the 469 right-of-way of U.S. Highway 421 with a minimum width of thirty 470 (30) feet from the property line. The Plan Commission may approve a 471 Development Plan including a reduced Greenbelt width. 472 473 Section 6. Right-of-way and Access Standards. 474 475 Section 6.1 Right-of-way and internal drive Standards. 476 477 A. Internal street widths and cross-sections shall be designed to meet 478 the City of Carmel Local Street Standards. The modified local road 479 specifications included in Exhibit G (Modified Local Road 480 Section) shall be permitted. 481 482 B. A street cross section that includes a boulevard (see Exhibit G) 483 shall be required in the location illustrated on the Concept Plan 484 (north south public street) and for the Private Street between 485 Buildings B and C. 486 487 C. Internal streets and drives shall be located as illustrated on Page 2 488 of the Concept Plan. 489 490 Version 19 052725 12 D. The configuration of vehicular access into the Real Estate shall be 491 provided as illustrated on the Concept Plan and as permitted by 492 this Section 6.1. 493 494 E. One (1) vehicular access shall be permitted from Michigan Road as 495 generally illustrated on the Concept Plan. 496 497 F. In addition to internal access, one (1) driveway cut shall be 498 permitted in Area B from 99th Steet. 499 500 G. The Private Drives as illustrated on Exhibit B – Page 2, shall be 501 24’ feet wide (2-way traffic), with sidewalks as shown on the 502 Sidewalk Plan, include landscaping and trees as required (i.e. trees 503 within landscape islands and trees along the perimeter of parking 504 including, but not limited to, trees in front of buildings #1-4), and 505 include parking as shown on the Concept Plan. 506 507 Section 6.2 Sidewalk and Path Standards. 508 509 A. Sidewalks and Paths shall be provided in the locations as generally 510 illustrated on Page 3 of Exhibit B (Sidewalk/Path Plan). 511 512 B. The final location of internal trails is subject to existing easements 513 and final engineering. If the internal paths are prevented from 514 being installed as generally shown, then an alternative path 515 location may be provided that still provide access within the 516 subject area of the Real Estate. 517 518 C. The Controlling Developer shall seek approval of a signalized 519 crosswalk at either 99th street and Michigan Road or Retail 520 Parkway and Michigan Road to provide access to the east side of 521 Michigan Road from the Real Estate. The scope of this 522 requirement is limited to the construction of the signalized 523 crosswalk at the intersection. 524 525 D. Colored areas on the Concept Plan (e.g. crosswalks) represent 526 colored concrete. They are labeled “colored concrete (or similar 527 material)” on the Concept Plan. Colored concrete (or similar 528 material) shall be required in these areas. 529 530 E. At locations where sidewalks turn at less than 90-degrees a 531 chamfer shall be provided. 532 533 Section 6.3 Road Improvement Requirements. Development of the Real Estate meets 534 all applicable Thoroughfare Plan related improvement requirements as 535 identified in and required under the UDO by construction of the street 536 connections and layout as illustrated on Page 2 of the Concept Plan 537 (Public Streets). 538 Version 19 052725 13 539 Section 7. Procedural Provisions. 540 541 Section 7.1 Development Plan (DP), ADLS, and Plat (Primary and Secondary). 542 543 A. The Plan Commission may authorize DP, ADLS and Plat 544 approvals, subject to the procedures prescribed in the UDO. 545 546 B. The Real Estate shall be developed in substantial compliance with 547 the Concept Plan hereby incorporated and attached as Exhibit 548 B subject to Development Plan approval by the Plan 549 Commission. Substantial compliance shall be regulated in the 550 same manner as the “Substantial or Material Alteration” 551 definitions of the UDO. 552 553 C. Area B shall adhere to the design standards included in Exhibit H 554 (Additional Standards – Area B), in addition to the Underlying 555 Zoning standards as amended by this US 421-WCD PUD 556 Ordinance. 557 558 Section 7.2 Modification of Development Requirements (Zoning Waiver). The Plan 559 Commission may, after a public hearing, grant an applicant a Zoning 560 Waiver subject to the requirements of the UDO. A wavier of the 561 provisions of this US 421-WCD Ordinance may be granted up to a 562 maximum of thirty-five (35) percent of the specified standard. 563 564 Section 7.3 Variance of Development Requirements. The BZA may authorize 565 Variances from the terms of the US 421-WCD Ordinance, subject to the 566 procedures prescribed in the UDO. 567 568 Section 8. Controlling Developer’s Consent. 569 570 Section 8.1 Without the written consent of the Controlling Developer, no other 571 developer, user, owner, or tenant may obtain any permits or approvals, whatsoever, with 572 respect to the Real Estate or any portion thereof and, as such, and by way of example but 573 not by limitation, none of the following may be obtained without the approval and 574 consent of the Controlling Developer: 575 576 A. Improvement Location Permits for any site improvements within the Real 577 Estate; 578 579 B. Sign permits for any signs within the Real Estate; 580 581 C. Improvement Location Permits for any Dwellings within the Real Estate; 582 583 D. Primary Plat or Secondary Plat approval for any part of the Real Estate; 584 and 585 586 Version 19 052725 14 E. Any text amendments, variances, modifications of Development 587 Requirements or other variations to the terms and conditions of this US 588 421-WCD Ordinance. 589 590 Section 9. Violations and Enforcement. All violations and enforcement of this US 421-591 WCD Ordinance shall be subject to the requirements of the UDO. 592 593 Section 10. Exhibits. All of the Exhibits (A-E) on the following pages are attached to this US 594 421-WCD Ordinance, are incorporated by reference into this US 421-WCD 595 Ordinance and are part of this US 421-WCD Ordinance. 596 597 598 The remainder of this page is left blank intentionally. 599 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 3 Exhibit “B” Exhibit “B” (Concept Plan – Area Map) Page 2 of 3 Exhibit “B” Exhibit “B” (Concept Plan – Sidewalk/Path Plan) Page 3 of 3 Exhibit “C” (Architectural Character Imagery – 3-story Buildings) Exhibit “D” (Architectural Character Imagery – 4-story Buildings) Exhibit “D” (Architectural Character Imagery – 4-story Buildings) Exhibit “E” 1 2 (Amenities and Exterior Spaces Concept Imagery) 3 4 5 6 7 8 9 Exhibit “F” 10 11 (Area A - Architectural Standards) 12 13 Part 1. Guidelines and Objectives: 14 15 A. The purpose of these architectural guidelines is to establish design parameters for the 16 development of Area A of the US 421 – WCD District. 17 18 B. These guidelines provide an architectural style with a design framework that will be used 19 as the criteria for the redevelopment of the Real Estate. The guidelines set standards for 20 design quality with the intent to achieve a modern aesthetic and an environment that 21 provides an excellent experience. 22 23 Part 2. Design Philosophy: 24 25 A. The design philosophy is intended to create a modern, unique, and aesthetically pleasing 26 environment that provides an outstanding experience with a combination of attributes 27 including modern architectural design, a water feature that the buildings and amenities 28 face offering waterside views/experiences, a boulevard streetscape that buildings are built 29 to, and pedestrian walks throughout the community tying together the various buildings, 30 amenities, and outdoor spaces together, etc. 31 32 B. The US 421 – WCD District is composed of two principal areas, the residential area 33 (Area A) and the commercial area (Area B). Each area will have its own attributes, and 34 each will contribute uniquely to the mixed-use development with complimentary 35 character in Building design, materials, landscaping and scale. Area A is defined by 36 three and four-story residential Buildings. Area B will have retail and other non-37 residential uses. 38 39 Part 3. Architectural Style: 40 41 A. General: 42 43 1. The building design provides the building massing and materials provided below. 44 45 2. Façades will be formed in various proportions and will incorporate material changes 46 along the length and height of the buildings, combining rhythmic and harmonious 47 elements in a holistic composition. 48 49 3. Design elements of the elevations shall be organized such that openings line up 50 horizontally and vertically with other openings. Openings in a facade shall be 51 arranged in a balanced, relatively uniform fashion. 52 53 B. Building Massing: 54 55 1. 4 story buildings will have flat roofs with attached garages and an elevator 56 57 2. 3 story buildings will provide a design that creates a patio or balcony condition for 58 every unit on a lake facing or wooded facing facade. 59 60 3. The clubhouse will be integrated at the end of Building A to include strategically 61 located, enhanced features that provide a) a focal point at the vista created by the 62 intersection of the two boulevard streetscapes; and b) a focal point facing the lake 63 for the surrounding buildings and adjacent outdoor amenity areas. 64 65 4. A rooftop terrace shall be provided as part of the clubhouse. Two (2) stepbacks on 66 the north side of Building A along the water shall be required. 67 68 5. 4 story buildings shall have one façade facing a boulevard streetscape. 69 70 6. For all buildings that face a street, there must be at least one entrance on the front of 71 the building. 72 73 7. No facade will extend for a distance two (2) times its average height without a 74 vertical offset, material change, or color and texture change. In order to count 75 towards this requirement, a vertical offset shall be a minimum of two (2) feet in 76 depth. 77 78 8. All of these elements are strategically located to enhance the aesthetic appeal and 79 overall experience of those living and visiting the community. 80 81 C. Balconies: 82 83 1. Balconies shall be partially inset or fully inset on one side of the balcony or both 84 sides of the balcony for no less than 90% of applicable balconies. This requirement 85 shall not apply to the number of balconies on elevations including garage doors (i.e. 86 back side of Buildings A, B & C). 87 88 D. Materials and Exterior Building Finishes: 89 90 1. All buildings will be designed and constructed with complimentary building 91 materials and colors. All exterior sides of the buildings will be finished in 92 permitted materials. All facades of all buildings shall be of the same materials and 93 similarly detailed except for (i) the clubhouse at the north end of Building A and (ii) 94 the facades including garages. The selection of materials will be evaluated based 95 on their permanence, ability to withstand weather conditions and visual appearance. 96 97 2. Permitted Materials: Any number of materials may be used in Area A. The 98 following is a list of permitted materials for exterior façades. 99 a. Brick 100 b. Fiber Cement 101 c. Glass (clear, color, sand blast, etched, etc.) 102 d. Storefront (aluminum, wood, steel) 103 e. Structural steel 104 f. Wood and wood-like materials 105 g. Metal & metal panels and metal-like materials 106 h. Dimensional asphalt shingle roof 107 i. Porcelain and/or ceramic tile 108 j. Any materials not listed above may be approved as a part of an ADLS 109 application provided that the Plan Commission finds that the material is 110 of a quality that is equal or superior to the above listed materials. 111 112 3. Windows: 113 114 a. All facades shall have openings for windows. 115 116 b. All window design shall be compatible with the style, materials, color, 117 details and proportion of the building. The windows shall be consistent 118 with the architectural style of the structure. 119 120 4. Accessory buildings (e.g. maintenance building) will provide a complementary 121 design and colors to the primary buildings and may incorporate C.M.U. (concrete 122 masonry units). 123 124 E. Rooftop Equipment: All rooftop HVAC equipment shall be screened from street level 125 view. 126 127 F. Ground Level Equipment: Ground level HVAC equipment shall be screened from the 128 street using walls, fencing, landscaping, or other methods approved by the Plan 129 Commission 130 131 G. Street Lighting: All street lighting shall have a design and color that is 132 complementary with the architectural design of the buildings. 133 134 135 136 137 Exhibit “G” 138 139 (Modified Local Road Standard) 140 141 142 143 144 145 146 147 Exhibit “H” 148 149 (Additional Standards – Area B) 150 151 A. The proposed layout within Area B shall adhere to the following standards in addition to 152 the Underlying Zoning standards as amended by this US 421-WCD PUD Ordinance: 153 154 1. The layout for Area B shall integrate with the walkable design of the adjacent 155 apartments within Area A. 156 157 2. The layout for Area B shall provide a pedestrian walk and pedestrian 158 connectivity to the adjacent apartments within Area A. 159 160 3. The layout for Area B shall have a minimum of one building facade that 161 faces/abuts a street (i.e. Michigan Rd., 99th St., or drive between Area A and 162 Area B) or one building facade that faces/abuts the plaza if the plaza provides 163 a continuation of the boulevard street with no vehicular parking between such 164 facade and the street/drive or plaza. 165 166 4. No building which includes only one (1) tenant shall include a drive-thru. 167 Only a multi-tenant building may include a drive-thru. The drive-thru lane 168 shall not be adjacent to the plaza. A drive-thru shall only be permitted if the 169 drive-thru is approved by the Plan Commission as part of a Development Plan 170 application. 171 172 5. The layout for Area B shall include a pedestrian plaza area which shall be a 173 minimum of six-thousand five hundred (6,500) square feet in area. The 174 minimum square footage of the pedestrian plaza area includes any green space 175 around the plaza and outdoor seating adjacent to the plaza. If the plaza is not 176 located at the end of the boulevard street, a connecting walk shall be provided 177 from the plaza to the crosswalk that connects to the sidewalk along the 178 boulevard street. The sum of the width of the green landscaped area on one 179 side of the connecting walk plus the width of the green landscaped area on the 180 other side of the connecting walk shall be a minimum of twelve (12) feet. The 181 connecting walk may cross drive aisles within Area B with a crosswalk. 182 183 6. The plaza shall include seating, tables, landscaping and other pedestrian 184 amenities. The plaza shall include at least one active use such as table tennis, 185 corn hole, hook and ring game, etc. 186 187 7. At least one side of the plaza shall be enclosed with a building façade, 188 landscaping, or fencing to provide a sense of enclosure. 189 190 8. The final layout of Area B shall comply with this US 421-WCD PUD 191 Ordinance including the above standards (1-7). 192 193 9. The Controlling Developer shall seed Area B and maintain the grass upon 194 completion of construction activity of Area A and until the area within Area B 195 is developed.. 196 197 10. The following three (3) pages include examples of a layout of Area B which 198 would comply with the PUD and are not intended to represent required 199 potential site plans. The final layout of Area B shall comply with the US 421-200 WCD PUD standards including those standards in this Exhibit H. 201 202 203 RETAIL LOT LAYOUT EXAMPLE A 02 0 30 60 120 180 W. 99th S t . 4 2 1 N . M i c h i g a n R d Retail Building Plaza 01 02 01 03 Outdoor Dining03 03 WEST CARMEL DEVELOPMENT CONCEPTUAL DESIGN 02 0 30 60 120 180 W. 99th S t . 4 2 1 N . M i c h i g a n R d 01 Parking Retail Building Plaza 01 02 01 03 Outdoor Dining03 RETAIL LOT LAYOUT EXAMPLE B WEST CARMEL DEVELOPMENT CONCEPTUAL DESIGN 02 0 30 60 120 180 W. 99th S t . 4 2 1 N . M i c h i g a n R d 01 Parking Retail Building Plaza 01 02 01 03 Outdoor Dining03 RETAIL LOT LAYOUT EXAMPLE C WEST CARMEL DEVELOPMENT CONCEPTUAL DESIGN PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 204 2025, by a vote of _____ ayes and _____ nays. 205 206 COMMON COUNCIL FOR THE CITY OF CARMEL 207 208 209 ______________________________ ______________________________ 210 Anthony Green Adam Aasen, President 211 212 ______________________________ ______________________________ 213 Jeff Worrell Teresa Ayers 214 215 ______________________________ ______________________________ 216 Shannon Minnaar Ryan Locke 217 218 ______________________________ ______________________________ 219 Matthew Snyder, Vice-President Rich Taylor 220 221 ______________________________ 222 Anita Joshi 223 224 ATTEST: 225 226 227 ______________________________ 228 Jacob Quinn, Clerk 229 230 Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________, 231 2025, at ______ __.M. 232 233 _________________________________ 234 Jacob Quinn, Clerk 235 236 Approved by me, Mayor of the City of Carmel, Indiana this ____ day of _________________, 2025, 237 at ______ __.M. 238 239 240 _________________________________ 241 Sue Finkam, Mayor 242 ATTEST: 243 244 245 _________________________________ 246 Jacob Quinn, Clerk 247 248 This Instrument prepared by: James E. Shinaver, attorney at law, NELSON & FRANKENBERGER and Jon C. 249 Dobosiewicz, land use professional, NELSON & FRANKENBERGER. 550 Congressional Blvd, Carmel, IN 46032. 250 US 421-WCD PUD 19 052725 251 252 US 421-WCD PUD Planned Unit Development (PUD) / Rezone Z-697-25 PUD REZONE CITY OF CARMEL, INDIANA June 16, 2025 Carmel City Council 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 (Exhibit B – Page 1 of PUD) Area Plan (Exhibit B – Page 2 of PUD) Pedestrian Plan 4. Street and Drive Plan 5. Gathering Area adjacent to woods Waterside Amenities and Rooftop Terrace 6. Character Imagery Exterior Spaces 7. Street Perspective Perspective Character Imagery 4-Story Multi-Family Building Perspective Character Imagery 3-Story Multi-Family Building 8. Retail (Area B) Example Layouts 9. US 421 – WCD PUD Ordinance 19 052725 (Certified Ordinance) 10. Public Comments TAB 1 Project Description - US 421 – WCD PUD This Rezone request received a unanimous seven (7) to zero (0) Positive Recommendation from the Plan Commission. Below is the project description, and modifications to the request as a result of the Plan Commission review process are provided on the following pages. 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 (See page 2 of Tab 3). 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 8 are illustrations which provide potential layout examples for Area B. 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 7 is perspective character imagery of the proposed 4-Story and 3-Story multi-family buildings including surrounding spaces. 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 (see page 1 of Tab 5). Regarding open space, the community will have approximately 5 acres of open space, which comprises 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 (see page 2 of Tab 5). 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 6 are character illustrations depicting potential exterior space character imagery. Modifications to the PUD proposal resulting from discussions with DOCS Staff and the Plan Commission review process are outlined below: 1. Revisions to the Concept Plan: A. Revised street and Drive Plan (See Tab 4) along with a boulevard cross section. B. Revised Pedestrian Plan (see page 3 behind Tab 3). C. Revised amenities including gathering area adjacent to woods (see Tab 5). 2. Retail (Area B) examples: Three examples were provided which represent possible layouts of the retail area based on compliance with the PUD standards including Exhibit H (see updated PUD Draft under Tab 9). Exhibit H includes additional standards for the development of Area B as well as the three example layouts. 3. RCI Globe: Text was provided in Section 4.3 requiring the applicant to consider incorporating the RCI Globe or making it available to the City or another civic group. 4. Updated Ordinance Draft (see behind Tab 9). Items to note include the following: A. Restricting uses in the Retail Area. B. Adding Amenity specificity. C. Increasing the wooded area. D. Adding Long Term Bicycle Parking as a requirement. E. Refining street, drive and pedestrian facilities as listed above and including provisions for a crosswalk on Michigan Road. F. Addition of architectural standards. G. Addition of standard to seed and maintain Area B until it is developed. As the matter was reviewed over several months, we have provided all public comments received by the Plan Commission (prior to the public hearing) behind Tab 10. As noted, The Plan Commission unanimously voted to send this request to the City Council with a Favorable Recommendation for approval and we look forward to presenting this request to the City Council on June 16, 2025. Respectfully submitted, 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 (see full ordinance behind Tab 9) 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. 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 an elevator and attached garages. Uses: High-end multifamily (360 units), Retail along Michigan Rd. (e.g. restaurants with outdoor dining, coffee shop, etc.) Note: Intersection with colored pavement will be colored concrete (or similar material). 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 RETAIL PAR K W A Y WEST CARMEL DEVELOPMENT CONCEPTUAL DESIGN AREA A AREA B SITE PLAN | SIDEWALKS 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 . Legend: BUILDING C DOG PARK DOG PARK CLUBHOUSE 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 BU I L D I N G 0 4 TRASH MAINT. 5'-0" Sidewalk 8'-0" Sidewalk 8'-0" Existing Sidewalk 10'-0" Path 10'-0" Existing Path Crosswalk with Colored Concrete (or similar material) Gathering Area RETAIL PAR K W A Y WEST CARMEL DEVELOPMENT CONCEPTUAL DESIGN TAB 4 SITE PLAN | STREETS & DRIVES 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 Private Street Private Drive Legend: BUILDING C DOG PARK DOG PARK CLUBHOUSE 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 BU I L D I N G 0 4 TRASH MAINT. RETAIL PAR K W A Y WEST CARMEL DEVELOPMENT CONCEPTUAL DESIGN TAB 5 0 5 10 20 30 SUB-AREA PLAN | GATHERING AREA *Renderings are conceptual/illustrative and are subject to change. Grilling Areas with Counters Outdoor Lounge Seating Outdoor Dining Tables Shade Elements Gathering Area Amenities WEST CARMEL DEVELOPMENT CONCEPTUAL DESIGN 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 6 CHARACTER IMAGES | EXTERIOR SPACES WEST CARMEL DEVELOPMENT CONCEPTUAL DESIGN TAB 7 *Renderings are conceptual/illustrative and are subject to change. PERSPECTIVE | LOOKING DOWN BOULEVARD BETWEEN BUILDINGS B & C TOWARDS BUILDING A WEST CARMEL DEVELOPMENT CONCEPTUAL DESIGN 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 *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 RETAIL LOT LAYOUT EXAMPLE A 02 0 30 60 120 180 W. 99th S t . 4 2 1 N . M i c h i g a n R d Retail Building Plaza 01 02 01 03 Outdoor Dining03 03 WEST CARMEL DEVELOPMENT CONCEPTUAL DESIGN 02 0 30 60 120 180 W. 99th S t . 4 2 1 N . M i c h i g a n R d 01 Parking Retail Building Plaza 01 02 01 03 Outdoor Dining03 RETAIL LOT LAYOUT EXAMPLE B WEST CARMEL DEVELOPMENT CONCEPTUAL DESIGN 02 0 30 60 120 180 W. 99th S t . 4 2 1 N . M i c h i g a n R d 01 Parking Retail Building Plaza 01 02 01 03 Outdoor Dining03 RETAIL LOT LAYOUT EXAMPLE C WEST CARMEL DEVELOPMENT CONCEPTUAL DESIGN TAB 9 Sponsor: Minnaar CARMEL, INDIANA US 421-WCD PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE Z-697-25 May 27, 2025 Version 19 052725 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. US 421 – Michigan Road Overlay District ................................................................. 11 Section 6. Right-of-way and Access Standards ............................................................................. 11 Section 7. Procedural Provisions ...............................................................................................12 Section 8. Controlling Developer’s Consent .............................................................................13 Section 9. Violations and Enforcement .....................................................................................14 Section 10. Exhibits .....................................................................................................................14 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 Exhibit F Architectural Standards – Area A Exhibit G Modified Local Road Standard Exhibit H Additional Standards – Area B Version 19 052725 3 Sponsor: Minnaar ORDINANCE Z-697-24 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 March 18, 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 May 20, 2025, has given a Favorable 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 19 052725 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 19 052725 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). Architectural Standards – Area A: The Architectural Standards incorporated herein under Exhibit F (Architectural Standards – Area A). 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 Version 19 052725 6 shall be as set forth below: A. Area A: All Uses permitted in the Underlying Zoning District and Multi- family Residential Dwellings. B. All Permitted Uses in the B3 Business District of the UDO except the following Uses which shall be prohibited: All Uses in the Agricultural Uses category of the UDO Use Table, all Uses in the Industrial Uses category of the UDO, Automobile Service Station including fueling/gas station, Automobile/boat Sales, Automobile/truck Repair, Carwash, Commercial Kennel, Commercial Parking Lot, Equipment Sales/repair, Funeral Home, Lumber/building Materials Sales, Motor bus or railroad passenger station, Radio/Television studio, Radio/Television transmission tower, Recreational Vehicle/Mobile Home Sales, Self-service Laundry, Shooting Gallery, and Veterinary Hospital with Commercial Kennel. 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 Version 19 052725 7 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 as Exhibit C (Architectural Character Imagery – 3-story buildings), and Exhibit D (Architectural Character Imagery – 4-story buildings). B. Building Architecture: 1. Area A: 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. b. Applicable architectural requirements and standards for all buildings in Area A are contained in Exhibit F (Architectural Standards – Area A) of this US 421-WCD Ordinance. c. Buildings 1, 2, 3: 3 Stories, Every dwelling shall provide a waterside balcony or patio. d. Building 4: 3 Stories. Every dwelling shall provide a balcony or patio with a woods/open space view. e. Buildings A, B, C: 4 stories built to streetscape. All buildings shall include an elevator and attached garages. 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: Version 19 052725 8 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, one of which shall be west of Building 4 as depicted in the bottom image on Exhibit E. 9. Pet grooming spa, leash-free pet park, and 10. EV charging. D. Exterior Spaces: 1. Exterior Spaces shall be generally consistent with the illustrations included in Exhibit E (Character Imagery – Amenities and Exterior Spaces), subject to ADLS Approval. 2. The Controlling Developer will explore incorporating the existing RCI Globe feature within the site, during the DP/ADLS process. In the event it is not incorporated, the Controlling Developer will donate the RCI globe to the City. If the City does not want the RCI globe, the Controlling Developer will make the RCI Globe available to other civic organizations. If within one hundred fifty (150) days of submitting a DP/ADLS application for Area A the City or other civic organization has not removed the RCI Globe from the Real Estate with a mutually acceptable agreement, Edward Rose will have the option to dispose of the RCI Globe. Notwithstanding the above, the RCI Globe shall not be removed from the Real Estate until such time as Edward Rose takes possession of the Real Estate. Section 4.4 Density and Intensity Standards: The maximum number of Residential Dwellings shall be three hundred and sixty (360). Version 19 052725 9 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, (ii) between Area A and Area B, and (iii) along 99th Street. b. All required Bufferyards shall be a minimum of ten (10) 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 with a minimum area of two (2.0) acres shall be provided in the northwest corner of the Real Estate as generally depicted on the Concept Plan. 2. Native landscaping/vegetation shall be provided around the ponds in select areas (minimum of 40% of the pond perimeter) instead of turf grass. The native landscaping/vegetation shall be submitted and approved as part of a DP/ADLS application. Version 19 052725 10 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. A. Trash enclosures shall comply with Section 5.03.C.2 of the UDO. Section 4.13 General Parking Standards: Parking shall comply with Section 5.28 and Section 5.29 (bike Parking) 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. D. The standards of Section 5.29.A.2 pertaining to the number of Long Term Bicycle Parking Spaces shall be the required number rather than “Encouraged” as stated in this section of the UDO. 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. Version 19 052725 11 Section 4.23 Weed and Solid Waste: The Weed and Solid Waste standards of the UDO shall apply to the Real Estate. 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 and Area B 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 property line. The Plan Commission may approve a Development Plan including a reduced Greenbelt width. Section 6. Right-of-way and Access Standards. Section 6.1 Right-of-way and internal drive Standards. A. Internal street widths and cross-sections shall be designed to meet the City of Carmel Local Street Standards. The modified local road specifications included in Exhibit G (Modified Local Road Section) shall be permitted. B. A street cross section that includes a boulevard (see Exhibit G) shall be required in the location illustrated on the Concept Plan (north south public street) and for the Private Street between Buildings B and C. C. Internal streets and drives shall be located as illustrated on Page 2 of the Concept Plan. Version 19 052725 12 D. The configuration of vehicular access into the Real Estate shall be provided as illustrated on the Concept Plan and as permitted by this Section 6.1. E. One (1) vehicular access shall be permitted from Michigan Road as generally illustrated on the Concept Plan. F. In addition to internal access, one (1) driveway cut shall be permitted in Area B from 99th Steet. G. The Private Drives as illustrated on Exhibit B – Page 2, shall be 24’ feet wide (2-way traffic), with sidewalks as shown on the Sidewalk Plan, include landscaping and trees as required (i.e. trees within landscape islands and trees along the perimeter of parking including, but not limited to, trees in front of buildings #1-4), and include parking as shown on the Concept Plan. Section 6.2 Sidewalk and Path Standards. A. Sidewalks and Paths shall be provided in the locations as generally illustrated on Page 3 of Exhibit B (Sidewalk/Path Plan). B. The final location of internal trails is subject to existing easements and final engineering. If the internal paths are prevented from being installed as generally shown, then an alternative path location may be provided that still provide access within the subject area of the Real Estate. C. The Controlling Developer shall seek approval of a signalized crosswalk at either 99th street and Michigan Road or Retail Parkway and Michigan Road to provide access to the east side of Michigan Road from the Real Estate. The scope of this requirement is limited to the construction of the signalized crosswalk at the intersection. D. Colored areas on the Concept Plan (e.g. crosswalks) represent colored concrete. They are labeled “colored concrete (or similar material)” on the Concept Plan. Colored concrete (or similar material) shall be required in these areas. E. At locations where sidewalks turn at less than 90-degrees a chamfer shall be provided. Section 6.3 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). Version 19 052725 13 Section 7. Procedural Provisions. Section 7.1 Development Plan (DP), ADLS, and Plat (Primary and Secondary). A. The Plan Commission may authorize DP, ADLS and Plat approvals, subject to the procedures prescribed in the UDO. B. The Real Estate shall be developed in substantial compliance with the Concept Plan hereby incorporated and attached as Exhibit B subject to Development Plan approval by the Plan Commission. Substantial compliance shall be regulated in the same manner as the “Substantial or Material Alteration” definitions of the UDO. C. Area B shall adhere to the design standards included in Exhibit H (Additional Standards – Area B), in addition to the Underlying Zoning standards as amended by this US 421-WCD PUD Ordinance. 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 Version 19 052725 14 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 3 Exhibit “B” Exhibit “B” (Concept Plan – Area Map) Page 2 of 3 Exhibit “B” Exhibit “B” (Concept Plan – Sidewalk/Path Plan) Page 3 of 3 Exhibit “C” (Architectural Character Imagery – 3-story Buildings) Exhibit “D” (Architectural Character Imagery – 4-story Buildings) Exhibit “D” (Architectural Character Imagery – 4-story Buildings) Exhibit “E” (Amenities and Exterior Spaces Concept Imagery) Exhibit “F” (Area A - Architectural Standards) Part 1. Guidelines and Objectives: A. The purpose of these architectural guidelines is to establish design parameters for the development of Area A of the US 421 – WCD District. B. These guidelines provide an architectural style with a design framework that will be used as the criteria for the redevelopment of the Real Estate. The guidelines set standards for design quality with the intent to achieve a modern aesthetic and an environment that provides an excellent experience. Part 2. Design Philosophy: A. The design philosophy is intended to create a modern, unique, and aesthetically pleasing environment that provides an outstanding experience with a combination of attributes including modern architectural design, a water feature that the buildings and amenities face offering waterside views/experiences, a boulevard streetscape that buildings are built to, and pedestrian walks throughout the community tying together the various buildings, amenities, and outdoor spaces together, etc. B. The US 421 – WCD District is composed of two principal areas, the residential area (Area A) and the commercial area (Area B). Each area will have its own attributes, and each will contribute uniquely to the mixed-use development with complimentary character in Building design, materials, landscaping and scale. Area A is defined by three and four-story residential Buildings. Area B will have retail and other non- residential uses. Part 3. Architectural Style: A. General: 1. The building design provides the building massing and materials provided below. 2. Façades will be formed in various proportions and will incorporate material changes along the length and height of the buildings, combining rhythmic and harmonious elements in a holistic composition. 3. Design elements of the elevations shall be organized such that openings line up horizontally and vertically with other openings. Openings in a facade shall be arranged in a balanced, relatively uniform fashion. B. Building Massing: 1. 4 story buildings will have flat roofs with attached garages and an elevator 2. 3 story buildings will provide a design that creates a patio or balcony condition for every unit on a lake facing or wooded facing facade. 3. The clubhouse will be integrated at the end of Building A to include strategically located, enhanced features that provide a) a focal point at the vista created by the intersection of the two boulevard streetscapes; and b) a focal point facing the lake for the surrounding buildings and adjacent outdoor amenity areas. 4. A rooftop terrace shall be provided as part of the clubhouse. Two (2) stepbacks on the north side of Building A along the water shall be required. 5. 4 story buildings shall have one façade facing a boulevard streetscape. 6. For all buildings that face a street, there must be at least one entrance on the front of the building. 7. No facade will extend for a distance two (2) times its average height without a vertical offset, material change, or color and texture change. In order to count towards this requirement, a vertical offset shall be a minimum of two (2) feet in depth. 8. All of these elements are strategically located to enhance the aesthetic appeal and overall experience of those living and visiting the community. C. Balconies: 1. Balconies shall be partially inset or fully inset on one side of the balcony or both sides of the balcony for no less than 90% of applicable balconies. This requirement shall not apply to the number of balconies on elevations including garage doors (i.e. back side of Buildings A, B & C). D. Materials and Exterior Building Finishes: 1. All buildings will be designed and constructed with complimentary building materials and colors. All exterior sides of the buildings will be finished in permitted materials. All facades of all buildings shall be of the same materials and similarly detailed except for (i) the clubhouse at the north end of Building A and (ii) the facades including garages. The selection of materials will be evaluated based on their permanence, ability to withstand weather conditions and visual appearance. 2. Permitted Materials: Any number of materials may be used in Area A. The following is a list of permitted materials for exterior façades. a. Brick b. Fiber Cement c. Glass (clear, color, sand blast, etched, etc.) d. Storefront (aluminum, wood, steel) e. Structural steel f. Wood and wood-like materials g. Metal & metal panels and metal-like materials h. Dimensional asphalt shingle roof i. Porcelain and/or ceramic tile j. Any materials not listed above may be approved as a part of an ADLS application provided that the Plan Commission finds that the material is of a quality that is equal or superior to the above listed materials. 3. Windows: a. All facades shall have openings for windows. b. All window design shall be compatible with the style, materials, color, details and proportion of the building. The windows shall be consistent with the architectural style of the structure. 4. Accessory buildings (e.g. maintenance building) will provide a complementary design and colors to the primary buildings and may incorporate C.M.U. (concrete masonry units). E. Rooftop Equipment: All rooftop HVAC equipment shall be screened from street level view. F. Ground Level Equipment: Ground level HVAC equipment shall be screened from the street using walls, fencing, landscaping, or other methods approved by the Plan Commission G. Street Lighting: All street lighting shall have a design and color that is complementary with the architectural design of the buildings. Exhibit “G” (Modified Local Road Standard) Exhibit “H” (Additional Standards – Area B) A. The proposed layout within Area B shall adhere to the following standards in addition to the Underlying Zoning standards as amended by this US 421-WCD PUD Ordinance: 1. The layout for Area B shall integrate with the walkable design of the adjacent apartments within Area A. 2. The layout for Area B shall provide a pedestrian walk and pedestrian connectivity to the adjacent apartments within Area A. 3. The layout for Area B shall have a minimum of one building facade that faces/abuts a street (i.e. Michigan Rd., 99th St., or drive between Area A and Area B) or one building facade that faces/abuts the plaza if the plaza provides a continuation of the boulevard street with no vehicular parking between such facade and the street/drive or plaza. 4. No building which includes only one (1) tenant shall include a drive-thru. Only a multi-tenant building may include a drive-thru. The drive-thru lane shall not be adjacent to the plaza. A drive-thru shall only be permitted if the drive-thru is approved by the Plan Commission as part of a Development Plan application. 5. The layout for Area B shall include a pedestrian plaza area which shall be a minimum of six-thousand five hundred (6,500) square feet in area. The minimum square footage of the pedestrian plaza area includes any green space around the plaza and outdoor seating adjacent to the plaza. If the plaza is not located at the end of the boulevard street, a connecting walk shall be provided from the plaza to the crosswalk that connects to the sidewalk along the boulevard street. The sum of the width of the green landscaped area on one side of the connecting walk plus the width of the green landscaped area on the other side of the connecting walk shall be a minimum of twelve (12) feet. The connecting walk may cross drive aisles within Area B with a crosswalk. 6. The plaza shall include seating, tables, landscaping and other pedestrian amenities. The plaza shall include at least one active use such as table tennis, corn hole, hook and ring game, etc. 7. At least one side of the plaza shall be enclosed with a building façade, landscaping, or fencing to provide a sense of enclosure. 8. The final layout of Area B shall comply with this US 421-WCD PUD Ordinance including the above standards (1-7). 9. The Controlling Developer shall seed Area B and maintain the grass upon completion of construction activity of Area A and until the area within Area B is developed.. 10. The following three (3) pages include examples of a layout of Area B which would comply with the PUD and are not intended to represent required potential site plans. The final layout of Area B shall comply with the US 421- WCD PUD standards including those standards in this Exhibit H. RETAIL LOT LAYOUT EXAMPLE A 02 0 30 60 120 180 W. 99th S t . 4 2 1 N . M i c h i g a n R d Retail Building Plaza 01 02 01 03 Outdoor Dining03 03 WEST CARMEL DEVELOPMENT CONCEPTUAL DESIGN 02 0 30 60 120 180 W. 99th S t . 4 2 1 N . M i c h i g a n R d 01 Parking Retail Building Plaza 01 02 01 03 Outdoor Dining03 RETAIL LOT LAYOUT EXAMPLE B WEST CARMEL DEVELOPMENT CONCEPTUAL DESIGN 02 0 30 60 120 180 W. 99th S t . 4 2 1 N . M i c h i g a n R d 01 Parking Retail Building Plaza 01 02 01 03 Outdoor Dining03 RETAIL LOT LAYOUT EXAMPLE C WEST CARMEL DEVELOPMENT CONCEPTUAL DESIGN 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 Adam Aasen, President ______________________________ ______________________________ Jeff Worrell Teresa Ayers ______________________________ ______________________________ Shannon Minnaar Ryan Locke ______________________________ ______________________________ Matthew Snyder, Vice-President 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 19 052725 TAB 10 January 14, 2025 City of Carmel Department of Community Services Attention: Bric Butler RE: Edward Rose Properties, Inc., US 421-WCD Planned Unit Development Ordinance request, Docket Number PZ-2024-00222 PUD, January 21, 2025, Plan Commission matter Dear Mr. Butler: Please accept this letter as Alliance for Cooperative Energy Services Power Marketing LLC’s (ACES) support for the Edward Rose Properties, Inc. proposal referenced above. We believe that the project, if implemented as proposed to the community, would be beneficial to West Carmel. ACES was somewhat hesitant to support the project initially, but after meeting with the Edward Rose team and discussing our concerns, we now believe that the project would have a positive impact on our company and future development in and near the Mayflower Park area and West Carmel. The Edward Rose project, as presented, would bring additional retail options along the Michigan Road corridor and a high-quality apartment project to West Carmel. The Edward Rose team has engaged constructively with us to address our concerns about the impact of the proposed project on our headquarters facility, which is adjacent to the proposed site. As an example, we expressed our concern with a public roadway that would connect to Mayflower Park Drive in the southwest corner of the project, subjecting our employees to possible safety issues when walking to the headquarters from our remote parking lot that would result from increased traffic. The Edward Rose team agreed to not make this road connection in light of our concern and agreed to help the Mayflower Park Business Park Association develop a long-term plan to maintain the existing roads within the park. Please share our letter of support with all Plan Commission and Council members. Thank you. Sincerely, Michael T. Steffes President and CEO CC: Alexia Lopez, City of Carmel Department of Community Services Nathan Anderson, Edward Rose, Inc. 4518 W 99th St. Carmel, IN 46032 (317) 960-5813 Page | 1 Carmel Plan Commission Carmel City Hall One Civic Square Carmel, IN 46032 Garrett M. Clark Artistic Composite Pallets 4518 West 99th Street Carmel, IN 46032 January 21, 2025 Subject: Interest in Purchase of Land North of Artistic Composite Pallets Reference: US 421-WCD PUD Ordinance/Rezone Request, Docket Number PZ-2024-00222 PUD Dear Carmel Plan Commission Committee, This letter expresses our interest in the purchase and beneficial use of the land located just North of our property at 4518 West 99th Steet, Carmel, IN, 46032. As our company continues to grow, this land provides an opportunity to support our future expansion plans and also provide job growth. Currently, we employ 70 employees, including engineers, production technicians, administrative staff, and sales professionals. We have plans to grow our workforce and production capacity in the coming years. Our growth will be propelled by our continued investment in automated manufacturing equipment. Our facility uses advanced plastic production equipment and robotic work cells. As we expand, we will invest in additional automation equipment, requiring a skilled workforce of production associates, engineers, and technicians. The land North of our property would help support our growth plan. We envision utilizing this land for a several purposes: 1. Expansion of our manufacturing facilities: To accommodate our growing production needs and accommodate new equipment. 2. Research and Development (R&D): To provide a dedicated space for our engineering and technical teams to innovate and develop new products and processes. 3. Product Testing: Recycled plastic testing and pallet load and dimensional testing. We hope that our growth plans align with the city's goals of economic growth and job creation. By expanding our operations within the city, we can contribute to the local economy by: • Creating high-quality jobs: Providing employment opportunities for skilled workers in engineering, manufacturing, and other related fields. • Driving economic growth: Increasing our tax base and contributing to the overall economic vitality of the city. • Promoting technological innovation: Fostering a culture of innovation and attracting other high-tech companies to the area. We would enjoy getting together with the Carmel Plan Commission Committee to explore the potential uses of this land and discuss how our expansion plans can benefit the community. We believe that by working together we can provide benefits for both our company and the city. Thank you for your time and consideration. We look forward to discussing this opportunity further. Sincerely, Garrett M. Clark Co-Founder and Director of Engineering Artistic Composite Pallets Cell: 317-918-5370 Email: gclark@artisticpallets.com Sponsor: Councilor Aasen 1 2 RESOLUTION CC-06-16-25-01 3 4 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 5 APPROVING CERTAIN MATTERS IN CONNECTION WITH THE 6 GRAMERCY ECONOMIC DEVELOPMENT AREA 7 (GRAMERCY EAST – PHASES 1-3) 8 9 Synopsis: 10 This resolution approves (1) a resolution of the City of Carmel Redevelopment 11 Commission creating the new Gramercy East – Phase 1 Allocation Area, the Gramercy East – 12 Phase 2 Allocation Area and the Gramercy East – Phase 3 Allocation Area, all within the 13 Gramercy Economic Development Area, including an economic development plan supplement, 14 and (2) a related City of Carmel Plan Commission resolution. 15 16 WHEREAS, the City of Carmel Redevelopment Commission (the “Redevelopment 17 Commission”), as the governing body for the City of Carmel Redevelopment Department, 18 pursuant to Indiana Code 36-7-14, as amended (the “Act), adopted its Resolution No. 2025-02 on 19 March 19, 2025 (the “CRC Resolution”), which made certain amendments to the previously 20 declared Gramercy Economic Development Area (the “Area”) and the Economic Development 21 Plan (the “Plan”) for the Area (such Plan amendments, the “Plan Supplement”); and 22 23 WHEREAS, the City of Carmel Plan Commission, on May 20, 2025, approved and 24 adopted its Resolution No. PC-5-20-25-a (the “Plan Commission Order”) determining that the 25 CRC Resolution and Plan Supplement conform to the plan of development for the City of 26 Carmel, Indiana (the “City”), and approving the CRC Resolution and the Plan Supplement; and 27 28 WHEREAS, pursuant to Section 16(b) of the Act, the Redevelopment Commission has 29 submitted the CRC Resolution, the Plan Supplement and the Plan Commission Order to the 30 Common Council of the City (the “Council”). 31 32 NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of 33 Carmel, Indiana, as follows: 34 35 1. Pursuant to Section 16(b) of the Act, the Council determines that the CRC 36 Resolution and the Plan Supplement conform to the plan of development for the City, and 37 approves the CRC Resolution, the Plan Supplement and the Plan Commission Order. 38 39 2. This Resolution shall be in full force and effect from and after its passage by the 40 Council and approval by the Mayor as required by law. 41 42 2 PASSED by the Common Council of the City of Carmel, Indiana, this ________ day of 43 ___________________, 2025, by a vote of ______ ayes and ____ nays. 44 45 COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA 46 47 ___________________________________ ____________________________________ 48 Adam Aasen, President Matthew Snyder, Vice President 49 50 ___________________________________ ____________________________________ 51 Teresa Ayers Anthony Green 52 53 ___________________________________ ____________________________________ 54 Anita Joshi Ryan Locke 55 56 ___________________________________ ___________________________________ 57 Shannon Minnaar Rich Taylor 58 59 ___________________________________ 60 Jeff Worrell 61 62 ATTEST: 63 64 __________________________________ 65 Jacob Quinn, Clerk 66 67 Presented by me to the Mayor of the City of Carmel, Indiana this _______ day of 68 __________________, 2025, at ________ __.M. 69 70 ____________________________________ 71 Jacob Quinn, Clerk 72 73 Approved by me, Mayor of the City of Carmel, Indiana, this _______ day of 74 _________________, 2025, at ________ __.M. 75 76 ____________________________________ 77 Sue Finkam, Mayor 78 79 80 ATTEST: Jacob Quinn, Clerk 81 Prepared by: Bradley J. Bingham 82 Barnes & Thornburg LLP 83 11 South Meridian Street 84 Indianapolis, IN 46204 85 86 Sponsor: Councilor Aasen 1 2 RESOLUTION CC-06-16-25-02 3 4 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 5 APPROVING CERTAIN MATTERS IN CONNECTION WITH THE 6 GRAMERCY ECONOMIC DEVELOPMENT AREA 7 (GRAMERCY EAST – PHASE 4) 8 9 Synopsis: 10 This resolution approves (1) a resolution of the City of Carmel Redevelopment 11 Commission creating the new Gramercy East – Phase 4 Allocation Area within the Gramercy 12 Economic Development Area, including an economic development plan supplement, and (2) a 13 related City of Carmel Plan Commission resolution. 14 15 WHEREAS, the City of Carmel Redevelopment Commission (the “Redevelopment 16 Commission”), as the governing body for the City of Carmel Redevelopment Department, 17 pursuant to Indiana Code 36-7-14, as amended (the “Act), adopted its Resolution No. 2025-03 on 18 March 19, 2025 (the “CRC Resolution”), which made certain amendments to the previously 19 declared Legacy Project Economic Development Area (the “Area”) and the Economic 20 Development Plan (the “Plan”) for the Area (such Plan amendments, the “Plan Supplement”); 21 and 22 23 WHEREAS, the City of Carmel Plan Commission, on May 20, 2025, approved and 24 adopted its Resolution No. PC-5-20-25-b (the “Plan Commission Order”) determining that the 25 CRC Resolution and Plan Supplement conform to the plan of development for the City of 26 Carmel, Indiana (the “City”), and approving the CRC Resolution and the Plan Supplement; and 27 28 WHEREAS, pursuant to Section 16(b) of the Act, the Redevelopment Commission has 29 submitted the CRC Resolution, the Plan Supplement and the Plan Commission Order to the 30 Common Council of the City (the “Council”). 31 32 NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of 33 Carmel, Indiana, as follows: 34 35 1. Pursuant to Section 16(b) of the Act, the Council determines that the CRC 36 Resolution and the Plan Supplement conform to the plan of development for the City, and 37 approves the CRC Resolution, the Plan Supplement and the Plan Commission Order. 38 39 2. This Resolution shall be in full force and effect from and after its passage by the 40 Council and approval by the Mayor as required by law. 41 42 2 PASSED by the Common Council of the City of Carmel, Indiana, this _____ day of 43 ___________________, 2025, by a vote of ______ ayes and ____ nays. 44 45 COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA 46 47 ___________________________________ 48 Adam Aasen, President Matthew Snyder, Vice President 49 50 ___________________________________ ____________________________________ 51 Teresa Ayers Anthony Green 52 53 ___________________________________ ____________________________________ 54 Anita Joshi Ryan Locke 55 56 ___________________________________ ___________________________________ 57 Shannon Minnaar Rich Taylor 58 59 ___________________________________ 60 Jeff Worrell 61 62 ATTEST: 63 64 __________________________________ 65 Jacob Quinn, Clerk 66 67 Presented by me to the Mayor of the City of Carmel, Indiana this _______ day of 68 __________________, 2025, at ________ __.M. 69 70 ____________________________________ 71 Jacob Quinn, Clerk 72 73 Approved by me, Mayor of the City of Carmel, Indiana, this _______ day of 74 _________________, 2025, at ________ __.M. 75 76 ____________________________________ 77 Sue Finkam, Mayor 78 79 80 ATTEST: Jacob Quinn, Clerk 81 Prepared by: Bradley J. Bingham 82 Barnes & Thornburg LLP 83 11 South Meridian Street 84 Indianapolis, IN 46204 85 86 RESOLUTION NO. 2025-03 RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION AMENDING THE DECLARATORY RESOLUTION AND THE ECONOMIC DEVELOPMENT PLAN FOR THE GRAMERCY ECONOMIC DEVELOPMENT AREA (Gramercy East – Phase 4) WHEREAS, the City of Carmel Redevelopment Commission (the “Commission”) pursuant to IC 36-7-14 (the “Act”) serves as the governing body of the City of Carmel Redevelopment District (the “District”); and WHEREAS, the Commission has previously adopted and confirmed resolutions (collectively, the “Declaratory Resolution”) which established an economic development area known as the “Gramercy Economic Development Area” (the “Area”), designated portions of the Area as separate allocation area pursuant to Section 39 of the Act, and approved and amended a development plan for the Area (the “Plan”) pursuant to the Act; and WHEREAS, on March 19, 2025, the Commission adopted a resolution to amend the Declaratory Resolution and the Plan in order to, among other things, adopt a supplement to the Plan which was attached as Exhibit D thereto (the “2025 Plan Supplement”); and WHEREAS, the Commission now desires to amend the Declaratory Resolution and Plan in order to designate the territory identified on Exhibit A hereto as a separate allocation area within the Area, pursuant to Section 39 of the Act, to be known as the “Gramercy East – Phase 4 Allocation Area” (such amendment, together with the 2025 Plan Supplement, collectively, the “2025 Amendments”); and WHEREAS, the 2025 Amendments and supporting data were reviewed and considered at this meeting; and WHEREAS, Section 39 of the Act permits the creation of “allocation areas” to provide for the allocation and distribution of property taxes for the purposes and in the manner provided in said section; and WHEREAS, Sections 41 and 43 of the Act permit the creation of “economic development areas” and provide that all of the rights, powers, privileges and immunities that may be exercised by this Commission in a redevelopment area or urban renewal area may be exercised in an economic development area, subject to the conditions set forth in the Act; and WHEREAS, this Commission deems it advisable to apply the provisions of said Sections 15-17, 39, 41 and 43 of the Act to the 2025 Amendments; and WHEREAS, the Commission now desires to approve the 2025 Amendments. NOW, THEREFORE, BE IT RESOLVED by the City of City of Carmel Redevelopment Commission, governing body of the City of Carmel Redevelopment District, as follows: 2 1. The Commission hereby finds that the 2025 Amendments promote significant opportunities for the gainful employment of the citizens of the City of Carmel, Indiana (the “City”), the attraction of major new business enterprises to the City, the retention and expansion of significant business enterprises existing in the boundaries of the City, and meet other purposes of Sections 2.5, 41 and 43 of the Act, including without limitation benefiting public health, safety and welfare, increasing the economic well-being of the City and the State of Indiana (the “State”), and serving to protect and increase property values in the City and the State. 2. The Commission hereby finds that the Plan, as amended by the 2025 Plan Supplement, cannot be achieved by regulatory processes or by the ordinary operation of private enterprise without resort to the powers allowed under Sections 2.5, 41 and 43 of the Act because of the lack of local public improvements, the existence of improvements or conditions that lower the value of the land below that of nearby land, multiple ownership of land and other similar conditions. 3. The public health and welfare will be benefited by accomplishment of the 2025 Amendments. 4. It will be of public utility and benefit to amend the Declaratory Resolution and the Plan for the Area as provided in the 2025 Amendments and to continue to develop the Area, as amended the 2025 Amendments, under the Act. 5. The accomplishment of the Plan for the Area, as amended by the 2025 Amendments, will be a public utility and benefit as measured by the attraction or retention of permanent jobs, an increase in the property tax base, improved diversity of the economic base and other similar public benefits. 6. The Declaratory Resolution and the Plan, as amended by this Resolution and the 2025 Plan Supplement, conform to the comprehensive plan of development for the City. 7. The 2025 Amendments are reasonable and appropriate when considered in relation to the Declaratory Resolution and Plan and the purposes of the Act. 8. The findings and determinations set forth in the Declaratory Resolution and the Plan are hereby reaffirmed. 9. In support of the findings and determinations set forth in Sections 1 through 7 above, the Commission hereby adopts the specific findings set forth in the Plan, as amended by the 2025 Plan Supplement. 10. The Commission does not at this time propose to acquire any specific parcel of land or interests in land within the boundaries of the Area, as amended by the 2025 Amendments. If at any time the Commission proposes to acquire specific parcels of land, the required procedures for amending the Plan, as amended by the 2025 Plan Supplement, under the Act will be followed, including notice by publication to affected property owners and a public hearing. 11. The Commission finds that no residents of the Area will be displaced by any project resulting from the Plan, as amended by the 2025 Plan Supplement, and therefore finds that it does 3 not need to give consideration to transitional and permanent provision for adequate housing for the residents. 12. The 2025 Amendments are hereby in all respects approved. 13. The area described in Exhibit A is hereby designated as a separate “allocation area” pursuant to Section 39 of the Act to be known as the “Gramercy East – Phase 4 Allocation Area,” for purposes of the allocation and distribution of property taxes for the purposes and in the manner provided by said Section. Any taxes imposed under Ind. Code 6-1.1 on real property subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes on taxable property in said allocation area shall be allocated and distributed as follows: Except as otherwise provided in said Section 39, the proceeds of taxes attributable to the lesser of the assessed value of the property for the assessment date with respect to which the allocation and distribution is made, or the base assessed value, shall be allocated to and when collected paid into the funds of the respective taxing units. Except as otherwise provided in said Section 39, property tax proceeds in excess of those described in the previous sentence shall be allocated to the redevelopment district and when collected paid into an allocation fund for the Gramercy East – Phase 4 Allocation Area hereby designated as the “Gramercy East – Phase 4 Allocation Fund” and may be used by the redevelopment district to do one or more of the things specified in Section 39(b)(4) of the Act, as the same may be amended from time to time. Said allocation fund may not be used for operating expenses of the Commission, except as otherwise permitted by the Act. Except as otherwise provided in the Act, before June 15 of each year, the Commission shall take the actions set forth in Section 39(b)(5) of the Act. 14. The foregoing allocation provision shall apply to the Gramercy East – Phase 4 Allocation Area. The Commission hereby finds that the adoption of this allocation provision will result in new property taxes in each of the Gramercy East – Phase 4 Allocation Area that would not have been generated but for the adoption of the allocation provisions, as specifically evidenced by the findings set forth in the 2025 Plan Supplement. The base assessment date for the Gramercy East – Phase 4 Allocation Area is January 1, 2025. 15. The provisions of this Resolution shall be subject in all respects to the Act and any amendments thereto, and the allocation provision herein relating to the Gramercy East – Phase 4 Allocation Area shall expire on the date that is twenty-five (25) years after the date on which the first obligation is incurred to pay principal and interest on bonds or lease rentals on leases payable from tax increment revenues derived from the Gramercy East – Phase 4 Allocation Area. For the avoidance of doubt, it is to be understood that the twenty-five (25) year expiration date shall be applied independently and separately for each separate allocation area within the Area. 16. This Resolution, together with any supporting data, shall be submitted to the Carmel Plan Commission (the “Plan Commission”) and the Common Council of the City (the “Council”) as provided in the Act, and if approved by the Plan Commission and the Council, shall be submitted to a public hearing and remonstrance as provided by the Act, after public notice as DMS 46701555.1 A-1 EXHIBIT A Gramercy East – Phase 4 Allocation Area The Gramercy East – Phase 4 Allocation Area consists of the territory in the light green- shaded area shown in the maps below. The parcel identification number or numbers for the Gramercy East – Phase 4 Allocation Area shall be determined and provided to the Hamilton County Auditor’s within thirty (30) days after the Commission takes final action on this resolution. Sponsor: Councilor Aasen 1 2 RESOLUTION CC-06-16-25-03 3 4 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 5 APPROVING CERTAIN MATTERS IN CONNECTION WITH THE 6 GRAMERCY ECONOMIC DEVELOPMENT AREA 7 (GRAMERCY EAST – PHASES 5-7) 8 9 Synopsis: 10 This resolution approves (1) a resolution of the City of Carmel Redevelopment 11 Commission creating the new Gramercy East – Phase 5 Allocation Area, the Gramercy East – 12 Phase 6 Allocation Area and the Gramercy East – Phase 7 Allocation Area all within the 13 Gramercy Economic Development Area, including an economic development plan supplement, 14 and (2) a related City of Carmel Plan Commission resolution. 15 16 WHEREAS, the City of Carmel Redevelopment Commission (the “Redevelopment 17 Commission”), as the governing body for the City of Carmel Redevelopment Department, 18 pursuant to Indiana Code 36-7-14, as amended (the “Act), adopted its Resolution No. 2025-04 on 19 March 19, 2025 (the “CRC Resolution”), which (i) made certain amendments to the previously 20 declared Gramercy Economic Development Area (the “Area”) and the Economic Development 21 Plan (the “Plan”) for the Area (such Plan amendments, the “Plan Supplement”), (ii) designated 22 an area adjacent to the existing Area as an economic development area (the “2025 Area”), and 23 (iii) consolidated the 2025 Area with the existing Area; and 24 25 WHEREAS, the City of Carmel Plan Commission, on May 20, 2025, approved and 26 adopted its Resolution No. PC-5-20-25-c (the “Plan Commission Order”) determining that the 27 CRC Resolution and Plan Supplement conform to the plan of development for the City of 28 Carmel, Indiana (the “City”), and approving the CRC Resolution and the Plan Supplement; and 29 30 WHEREAS, pursuant to Section 16(b) of the Act, the Redevelopment Commission has 31 submitted the CRC Resolution, the Plan Supplement and the Plan Commission Order to the 32 Common Council of the City (the “Council”). 33 34 NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of 35 Carmel, Indiana, as follows: 36 37 1. Pursuant to Section 16(b) of the Act, the Council determines that the CRC 38 Resolution and the Plan Supplement conform to the plan of development for the City, and 39 approves the CRC Resolution, the Plan Supplement and the Plan Commission Order. 40 41 2. Pursuant to Section 41(c) of the Act, the Common Council hereby approves the 42 determination that the 2025 Area is an economic development area pursuant to the Act. 43 44 3. This Resolution shall be in full force and effect from and after its passage by the 45 Council and approval by the Mayor as required by law. 46 47 2 PASSED by the Common Council of the City of Carmel, Indiana, this _____ day of 48 ___________________, 2025, by a vote of ______ ayes and ____ nays. 49 50 COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA 51 52 ___________________________________ 53 Adam Aasen, President Matthew Snyder, Vice President 54 55 ___________________________________ ____________________________________ 56 Teresa Ayers Anthony Green 57 58 ___________________________________ ____________________________________ 59 Anita Joshi Ryan Locke 60 61 ___________________________________ ___________________________________ 62 Shannon Minnaar Rich Taylor 63 64 ___________________________________ 65 Jeff Worrell 66 67 ATTEST: 68 69 __________________________________ 70 Jacob Quinn, Clerk 71 72 Presented by me to the Mayor of the City of Carmel, Indiana this _______ day of 73 __________________, 2025, at ________ __.M. 74 75 ____________________________________ 76 Jacob Quinn, Clerk 77 78 Approved by me, Mayor of the City of Carmel, Indiana, this _______ day of 79 _________________, 2025, at ________ __.M. 80 81 ____________________________________ 82 Sue Finkam, Mayor 83 84 85 ATTEST: Jacob Quinn, Clerk 86 Prepared by: Bradley J. Bingham 87 Barnes & Thornburg LLP 88 11 South Meridian Street 89 Indianapolis, IN 46204 90 91 RESOLUTION NO. 2025-04 RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION AMENDING THE DECLARATORY RESOLUTION AND THE ECONOMIC DEVELOPMENT PLAN FOR THE GRAMERCY ECONOMIC DEVELOPMENT AREA (Gramercy East – Phases 5–7) WHEREAS, the City of Carmel Redevelopment Commission (the “Commission”) pursuant to IC 36-7-14 (the “Act”) serves as the governing body of the City of Carmel Redevelopment District (the “District”); and WHEREAS, the Commission has previously adopted and confirmed resolutions (collectively, the “Declaratory Resolution”) which established an economic development area known as the “Gramercy Economic Development Area” (the “Area”), designated portions thereof as an allocation area pursuant to Section 39 of the Act, and approved and amended a development plan for the Area (the “Plan”) pursuant to the Act; and WHEREAS, on March 19, 2025, the Commission adopted a resolution to amend the Declaratory Resolution and the Plan in order to, among other things, adopt a supplement to the Plan which was attached as Exhibit D thereto (the “2025 Plan Supplement”); and WHEREAS, the Commission now desires to simultaneously (i) designate the parcels described on Exhibit A hereto (the “2025 Area”) as an economic development area under the Act, (ii) adopt an economic development plan for the 2025 Area, and (iii) consolidate the 2025 Area and the existing Area into a single economic development area (the “Consolidation”), at which time the 2025 Area will thereafter constitute a portion of the Area; and WHEREAS, the Commission now further desires to amend the Declaratory Resolution and Plan in order to: (i) incorporate and effectuate the Consolidation; (ii) designate a portion of the 2025 Area identified on Exhibit B hereto as a separate allocation area within the Area, pursuant to Section 39 of the Act, to be known as the “Gramercy East – Phase 5 Allocation Area;” (iii) designate a portion of the 2025 Area identified on Exhibit C hereto as a separate allocation area within the Area, pursuant to Section 39 of the Act, to be known as the “Gramercy East – Phase 6 Allocation Area;” and (iv) designate a portion of the 2025 Area identified on Exhibit D hereto as a separate allocation area within the Area, pursuant to Section 39 of the Act, to be known as the “Gramercy East – Phase 7 Allocation Area” (clauses (i) through and including (iv), together with the 2025 Plan Supplement, collectively, the “2025 Amendments”); and WHEREAS, the 2025 Amendments and supporting data were reviewed and considered at this meeting; and WHEREAS, Section 39 of the Act permits the creation of “allocation areas” to provide for the allocation and distribution of property taxes for the purposes and in the manner provided in said section; and 2 WHEREAS, Sections 41 and 43 of the Act permit the creation of “economic development areas” and provide that all of the rights, powers, privileges and immunities that may be exercised by this Commission in a redevelopment area or urban renewal area may be exercised in an economic development area, subject to the conditions set forth in the Act; and WHEREAS, this Commission deems it advisable to apply the provisions of said Sections 15-17, 39, 41 and 43 of the Act to the 2025 Amendments; and WHEREAS, the Commission now desires to approve the 2025 Amendments. NOW, THEREFORE, BE IT RESOLVED by the City of City of Carmel Redevelopment Commission, governing body of the City of Carmel Redevelopment District, as follows: 1. The Commission hereby finds that the 2025 Amendments promote significant opportunities for the gainful employment of the citizens of the City of Carmel, Indiana (the “City”), the attraction of major new business enterprises to the City, the retention and expansion of significant business enterprises existing in the boundaries of the City, and meet other purposes of Sections 2.5, 41 and 43 of the Act, including without limitation benefiting public health, safety and welfare, increasing the economic well-being of the City and the State of Indiana (the “State”), and serving to protect and increase property values in the City and the State. 2. The existing Plan, as amended by the 2025 Plan Supplement, is hereby adopted as the economic development plan for the 2025 Area. The Commission hereby finds that the Plan, as amended by the 2025 Plan Supplement, cannot be achieved by regulatory processes or by the ordinary operation of private enterprise without resort to the powers allowed under Sections 2.5, 41 and 43 of the Act because of the lack of local public improvements, the existence of improvements or conditions that lower the value of the land below that of nearby land, multiple ownership of land and other similar conditions. 3. The public health and welfare will be benefited by accomplishment of the 2025 Amendments. 4. It will be of public utility and benefit to amend the Declaratory Resolution and the Plan for the Area as provided in the 2025 Amendments and to continue to develop the Area, as amended the 2025 Amendments, under the Act. 5. The accomplishment of the Plan for the Area, as amended by the 2025 Amendments, will be a public utility and benefit as measured by the attraction or retention of permanent jobs, an increase in the property tax base, improved diversity of the economic base and other similar public benefits. 6. The Declaratory Resolution and the Plan, as amended by this Resolution and the 2025 Plan Supplement, conform to the comprehensive plan of development for the City. 7. The 2025 Amendments are reasonable and appropriate when considered in relation to the Declaratory Resolution and Plan and the purposes of the Act. 3 8. The findings and determinations set forth in the Declaratory Resolution and the Plan are hereby reaffirmed. 9. In support of the findings and determinations set forth in Sections 1 through 7 above, the Commission hereby adopts the specific findings set forth in the Plan, as amended by the 2025 Plan Supplement. 10. The 2025 Area is hereby designated as an “economic development area” under Section 41 of the Act, and consolidated with the Area into a single economic development area, and thereby constitutes a portion of the Area. 11. The Plan, as amended by the 2025 Plan Supplement, is hereby designated as the economic development plan for the Area, including the 2025 Area. 12. The Commission does not at this time propose to acquire any specific parcel of land or interests in land within the boundaries of the Area, as amended by the 2025 Amendments. If at any time the Commission proposes to acquire specific parcels of land, the required procedures for amending the Plan, as amended by the 2025 Plan Supplement, under the Act will be followed, including notice by publication to affected property owners and a public hearing. 13. The Commission finds that no residents of the Area will be displaced by any project resulting from the Plan, as amended by the 2025 Plan Supplement, and therefore finds that it does not need to give consideration to transitional and permanent provision for adequate housing for the residents. 14. The 2025 Amendments are hereby in all respects approved. 15. The area described in Exhibit B is hereby designated as a separate “allocation area” pursuant to Section 39 of the Act to be known as the “Gramercy East – Phase 5 Allocation Area,” for purposes of the allocation and distribution of property taxes for the purposes and in the manner provided by said Section. Any taxes imposed under Ind. Code 6-1.1 on real property subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes on taxable property in said allocation area shall be allocated and distributed as follows: Except as otherwise provided in said Section 39, the proceeds of taxes attributable to the lesser of the assessed value of the property for the assessment date with respect to which the allocation and distribution is made, or the base assessed value, shall be allocated to and when collected paid into the funds of the respective taxing units. Except as otherwise provided in said Section 39, property tax proceeds in excess of those described in the previous sentence shall be allocated to the redevelopment district and when collected paid into an allocation fund for the Gramercy East – Phase 5 Allocation Area hereby designated as the “Gramercy East – Phase 5 Allocation Fund” and may be used by the redevelopment district to do one or more of the things specified in Section 39(b)(4) of the Act, as the same may be amended from time to time. Said allocation fund may not be used for operating expenses of the Commission, except as otherwise permitted by the Act. Except as otherwise provided in the Act, before June 15 of each year, the Commission shall take the actions set forth in Section 39(b)(5) of the Act. 4 16. The area described in Exhibit C is hereby designated as a separate “allocation area” pursuant to Section 39 of the Act to be known as the “Gramercy East – Phase 6 Allocation Area,” for purposes of the allocation and distribution of property taxes for the purposes and in the manner provided by said Section. Any taxes imposed under Ind. Code 6-1.1 on real property subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes on taxable property in said allocation area shall be allocated and distributed as follows: Except as otherwise provided in said Section 39, the proceeds of taxes attributable to the lesser of the assessed value of the property for the assessment date with respect to which the allocation and distribution is made, or the base assessed value, shall be allocated to and when collected paid into the funds of the respective taxing units. Except as otherwise provided in said Section 39, property tax proceeds in excess of those described in the previous sentence shall be allocated to the redevelopment district and when collected paid into an allocation fund for the Gramercy East – Phase 6 Allocation Area hereby designated as the “Gramercy East – Phase 6 Allocation Fund” and may be used by the redevelopment district to do one or more of the things specified in Section 39(b)(4) of the Act, as the same may be amended from time to time. Said allocation fund may not be used for operating expenses of the Commission, except as otherwise permitted by the Act. Except as otherwise provided in the Act, before June 15 of each year, the Commission shall take the actions set forth in Section 39(b)(5) of the Act. 17. The area described in Exhibit D is hereby designated as a separate “allocation area” pursuant to Section 39 of the Act to be known as the “Gramercy East – Phase 7 Allocation Area,” for purposes of the allocation and distribution of property taxes for the purposes and in the manner provided by said Section. Any taxes imposed under Ind. Code 6-1.1 on real property subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes on taxable property in said allocation area shall be allocated and distributed as follows: Except as otherwise provided in said Section 39, the proceeds of taxes attributable to the lesser of the assessed value of the property for the assessment date with respect to which the allocation and distribution is made, or the base assessed value, shall be allocated to and when collected paid into the funds of the respective taxing units. Except as otherwise provided in said Section 39, property tax proceeds in excess of those described in the previous sentence shall be allocated to the redevelopment district and when collected paid into an allocation fund for the Gramercy East – Phase 7 Allocation Area hereby designated as the “Gramercy East – Phase 7 Allocation Fund” and may be used by the redevelopment district to do one or more of the things specified in Section 39(b)(4) of the Act, as the same may be amended from time to time. Said allocation fund may not be used for operating expenses of the Commission, except as otherwise permitted by the Act. Except as otherwise provided in the Act, before June 15 of each year, the Commission shall take the actions set forth in Section 39(b)(5) of the Act. 18. The foregoing allocation provisions shall apply to the Gramercy East – Phase 5 Allocation Area, the Gramercy East – Phase 6 Allocation Area, and the Gramercy East – Phase 7 Allocation Area, respectively (collectively, the “New Gramercy Allocation Areas”). The A-1 EXHIBIT A Map and Description of Parcels in the 2025 Area The 2025 Area consists of the red-shaded parcels depicted in the map set forth below, together with any and all public ways, streams or rights-of-way that physically connect any of the described areas to each other and to the existing Gramercy Economic Development Area. The 2025 Area shall be consolidated with, and form a part of, the Gramercy Economic Development Area. All of the following parcels comprise the 2025 Area. PARCEL ID NUMBERS: 16-10-31-00-00-023.002 16-10-31-00-00-023.102 16-10-31-00-00-023.000 B-1 EXHIBIT B Gramercy East – Phase 5 Allocation Area The Gramercy East – Phase 5 Allocation Area consists of the territory in the blue-shaded area shown in the maps below. The parcel identification number or numbers for the Gramercy East – Phase 5 Allocation Area shall be determined and provided to the Hamilton County Auditor’s within thirty (30) days after the Commission takes final action on this resolution. C-1 EXHIBIT C Gramercy East – Phase 6 Allocation Area The Gramercy East – Phase 6 Allocation Area consists of the territory in the orange-shaded area shown in the maps below. The parcel identification number or numbers for the Gramercy East – Phase 6 Allocation Area shall be determined and provided to the Hamilton County Auditor’s within thirty (30) days after the Commission takes final action on this resolution. DMS 46700986.1 D-1 EXHIBIT D Gramercy East – Phase 7 Allocation Area The Gramercy East – Phase 7 Allocation Area consists of the territory in the red-shaded area shown in the maps below. The parcel identification number or numbers for the Gramercy East – Phase 7 Allocation Area shall be determined and provided to the Hamilton County Auditor’s within thirty (30) days after the Commission takes final action on this resolution. 25 26 New computer hardware, telecommunications equipment, information technology equipment, and equipment used for research & development for engineering purposes. 635105,371,900 28547,292,900 58,079,000 350