HomeMy WebLinkAboutOrdinace Z-201 ORDINANCE NO. 21 dif
AN ORDINANCE AMENDING THE ID ZONING ORDINANCE Z-160
AS , la RED, AND ESTABLISHING REGULATIONS CONCERNING
THE DEVELOPMENT OF CLUSTER HOUSING DEVELOPMENT
WHEREAS, the Carmel Plan Commission has established a Comprehensive
Plan as required by statute, and
WHEREAS, the Carmel Plan Commission is empowered to advise and recommend
to the Common Council of the City of Carmel ordinances and amendments for the
zoning of districts of land within the City of Carmel and Clay `township,
Indiana, and
WHEREAS, pursuant to I.C. 36-7-4-601, in order to secure adequate
lighting, air, convenience of access and safety fium fire, flood and other
damage; lessen or avoid congestion in public way; promote the public health,
safety, comfort and morals, convenience and general public welfare and
accomplish the purposes of the advisory planning law; and
WHEREAS, there exists a need and it is in the best interests of the
citizens of the City of Carmel and Clay Township, Indiana to provide for
Cluster Housing Development within the City of Cannel and Clay Township,
Indiana and to that end to amend Ordinance Z-160, as amended:
BE IT ENACTED BY THE COMMON COUNCIL of the City of Cannel, Indiana
as follows:
1. It is hereby declared that the contents of this Ordinance,
inclmaHng all text, figures and charts, shall constitute an amendment of
the Carmel Zoning Ordinance, Z-160 as amended.
2. It is hereby declared by the Carron Council of the City of
Carmel, Indiana that Sections so referred to in the attached are hereby
adopted and made a part of the Zoning and Subdivision Ordinance, Z-160,
as amended. •
3. This Ordinance shall be in full force and effect from and after
the date of its passage.
PASSED this ,- day of , 1984 by the
Canton Council of the City of Carmel, Inaoliim -
')°'
IL •
Presiding
Attest:.
Dorothy J. •••
Clerk/Treasurer
Presented to me this day of - 2 E-c' , 1984.
111OrReiman
of the City of Carmel
AMENDMENTS TO CARMEL/CLAY TOWNSHIP
ZONING AND SUBDIVISION ORDINANCE Z-160
AS AMENDED
AMENDMENTS TO ZONING ORDINANCE Z-160 (ADD NEW SECTION)
33 .0 TO BE KNOWN AS CLUSTER HOUSING AND TO READ AS
FOLLOWS:
33 .0. 1 PURPOSE AND INTENT
This ordinance is intended to allow Cluster Housing
Developments only in S-1 , S-2, R-1 , R-2 , & R-3 zoned districts as
a permitted use. It is recognized that cluster housing can
improve the individual ' s living environment and the community in
general by encouraging an alternate and efficient utilization of
land with regard to compatibility with the surrounding uses and
neighborhoods ; through ingenuity and originality within the
total subdivision and the individual site design; by the
preservation of open spaces for aesthetic and recreational
purposes ; and by varying the character of the residential
dwellings .
33 .0.2 DEFINITIONS (Also amend or add to:
Zoning Ordinance, Definitions, Section 3 .0,
Words and Terms
Subdivisions, Definitions, Section 4.0,
Words and Terms )
CLUSTER HOUSING - The grouping of single-family
dwelling units, either attached or detached , in such a
manner as to enable the incorporation of green belts
and other open spaces .
GREEN BELT BUFFER - The area of a development which
abuts the perimeter of the development and which is
designed specifically to provide a buffer and visual
screen to adjacent land .
GROSS AREA - Entire area of project or platted area.
GROSS DENSITY - Total, number of dwelling units divided
(-) by gross area in acres
ON-SITE PARKING: On-site parking (Cluster Housing
Development) shall include those parking areas outside
the garage or carport area located on the individual
driveway.
OFF-SITE PARKING: Parking spaces which are located
within the platted area and within reasonable proximity
to dwelling units and supportive uses (club house,
tennis courts, etc. ) which they serve.
PRIVATE STREETS : A street which is not dedicated to or
maintained by any public agency.
33 .1 MINIMUM AREA
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33 .1 MINIMUM AREA
A tract of ground proposed for a Cluster Housing
Development shall have a minimum gross area of not less
than five (5) acres .
33 . 2 ACCESS
A Cluster Housing Development shall have access from a
dedicated public road right-of-way.
33.3 ACCESSORY BUILDINGS AND USES
In Cluster Housing Developments all accessory and
secondary buildings, structures, and uses shall be
shown on the Primary Plats .
33 .4 MINIMUM FRONT YARD (UNIT)
A Cluster Housing Dwelling Unit shall have a minimum
front yard setback of 22 ' from the public road right-
of-way line,or 22 ' from the building side of a
sidewalk, curb or street pavement of a private street.
33 .5 MINIMUM SIDE YARD
Within a Cluster Housing Development project a minimum
of ten ( 10) feet shall be maintained between all
buildings except for groupings of five (5) or less
detached single family units . A minimum of four (4)
feet shall be required between detached units when
in clusters of five (5) units or less . A minimum of
ten ( 10) feet shall be maintained between groupings of
detached single family units .
For the purpose of this section no obstructions or
projections shall exist in either the four (4) foot or
ten ( 10) foot area required to be maintained herein.
33 .6 MINIMUM AGGREGATE OF THE SIDE YARD
Cluster Housing Development shall be excluded from this
provision.
33 .7 MINIMUM REAR YARD (Development and/or Unit)
A Cluster Housing Development shall conform to the
specified minimum rear yard within each zoning
district.
The front, rear or side yard abutting a Green Belt
Buffer shall be measured from the interior boundary of
the Green Belt Buffer.
33 .8 MINIMUM LOT FRONTAGE
A Cluster Housing Development shall be exempt from this
requirement.
33 .9 MINIMUM LOT SIZE
A Cluster Housing Development shall be exempt from this
requirement (refer to Maximum Gross Density) .
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' 33 .10 MAXIMUM GROSS DENSITY •
The maximum gross density for the following
residentially zoned districts 'shall apply :
DISTRICT ZONE GROSS DENSITY
S-1 2 4
S-2 3 0
R-1 3 5
R-2 3 6
R-3 4 6
For additional requirements see Subdivision Regulations, Cluster
Housing Development - Developmental Standards
Section 7 .0 Page 37 .
33 .11 . 1 REVIEW AND APPROVAL PROCEDURE
The applicant will consult with the Department of Community
Development staff to discuss the proposed Cluster Housing project
and its proposed location. The Cluster Housing Development
application procedure and plan review and approval shall follow
the procedures for Primary Plat and Secondary Plat as set forth
in section 5 .0 of the Carmel Subdivision Ordinance.
Included in the review and approval of the Cluster Housing
Development shall be the compatability of said Cluster Housing
Development with adjacent land uses, and the Comprehensive Plan.
The public notice shall make note that the proposed Primary Plat
is for a Cluster Housing Project.
33 .11 . 2 CONFLICT OF ORDINANCES
Where the requirements contained in this Section ( 33 .0, et
seq) differ from those requirements found in other Sections of
the Zoning and Subdivision Ordinance, the provisions of this
Section ( 33 .0, et seq) , shall control . It is intended that the
Subdivision Regulations, Section 7 .0 through 7 . 1 .5 are provided
to complement this Section ( 33 .0, et seq) and not to conflict .
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AMENDMENTS TO SUBDIVISION REGULATIONS
SUBDIVISION REGULATIONS, SECTION 7.0 THROUGH 7 . 1 .5,
STANDARDS FOR RESIDENTIAL CLUSTER DEVELOPMENT DELETE ENTIRE
SECTION. SUBSTITUTE WITH THE FOLLOWING:
DEVELOPMENTAL STANDARDS FOR CLUSTER HOUSING DEVELOPMENT
7 . 1 . 2 OWNERSHIP
All Cluster Housing developments, regardless of
form of ownership, shall follow all
requirements within the Carmel Subdivision
Regulations, Section 1 . 0 and inclusive of Section
• 7.1 provided; however, that private streets and
sidewalks are permitted in lieu of public streets
and sidewalks subject to minimum requirements as
stipulated in Section 6.3
7.1 . 3 PRIMARY PLAT/SECONDARY PLAT
A Primary Plat and Secondary Plat for the cluster
housing development shall be submitted for
approval by the Carmel Plan Commission in
accordance with Section 5.0 through Section 6 .7
of the Carmel Subdivision Ordinance. As further
• requirements, the Primary Plat shall include:
a. The location and number of all buildings
and units
b. The general architectural style
c. The exterior building materials
d. Treatment of the Green Belt Buffer
and other open space areas
e. Site lighting, landscaping and signage
plans
f . Number and location of all parking
spaces,
g. Proposed restrictive covenants and By-
Laws including the form of ownership
h. Means of adequately maintaining all
common areas including but not limited
to all buffer areas, common landscaped
areas, recreation areas, drainage and
utility facilities and streets .
7 .1 .4 AMENDING THE PLAT
An amended Primary Plat shall be required for
substantial changes in building layout, lot change and
development scheme from the original approved Primary
Plat. Said revised Primary Plat shall require a public
notice and be approved by the Carmel Plan Commission.
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7 . 1 . 5 THE GREEN BELT BUFFER (REQUIRED ON ALL SIDES OF THE
CLUSTER DEVELOPMENTS)
The Green Belt Buffer areas shall be no less than
twenty ( 20) feet in depth measured perpendicular to the
property line from the outside edge of the required
front, rear and side yards . Green Belt Buffers may
consist of earth mounds, fences, and landscaping per
Plan Commission approval . Green Belt Buffers may
include utility and drainageway easements when they do
not interfere with the overall aesthetic and buffering
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purposes of the Green Belt Area. Green Belt
Buffers may be located within a floodplain or floodway.
The treatment of Green Belt Buffers will be included
in the Primary Plat submission. No structures
including patios are to be built within any Green Belt
Buffer Area. No pavement will be permitted in these
areas except access streets .
7 . 1 .6 SETBACK ALONG A PUBLIC RIGHT-OF-WAY
Where a Cluster Housing Development is located adjacent
to a dedicated right-of-way, the setback abutting the
right-of-way shall be maintained equal to the buffer
and yard requirements of the existing adjacent zoned
district.
7 .1 .7 PUBLIC UTILITIES
Cluster Housing Developments shall be permitted only if
community, either private or public, water and sewer
systems are provided. Individual, private dusk to dawn
lighting shall be required for all Cluster Housing
units .
7 .1 . 8 TRAFFIC/PARKING PLAN
In order to 'provide flexibility in the overall
development of a proposed cluster subdivision, a
final traffic parking plan shall be developed with
input from the Department of Community Development
based on particular conditions of the cluster project
itself, adjacent land uses and the Comprehensive Plan
Cluster Housing Developments shall provide the
following number of parking spaces per dwelling unit
excluding garages and carports :
1 - 3 bedroom units 2 on-site, 1/2 off-site
4 bedroom units 3 on-site, 1/2 off-site
Each additional bedroom over 4 1/2 off-site
OFF SITE parking may be satisfied by parallel parking
on one side only of a twenty six ( 26) foot street.
If additional on-site parking spaces are provided per
the above requirements off-site spaces may be reduced
accordingly; however, at least 0 .2 off-site parking
spaces per unit must be provided for the overall
development .
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The Plan Commission may waive construction of off-site
parking spaces, in part or in total,
ide
suitable open space is reserved for therovconstructionhof
off-site parking spaces should these spaces later be
deemed necessary by the Director. If waived spaces are
not required to be constructed within one ( 1 ) year of
the project completion, the developer shall, have met
his obligation in complying with this ordinance.
Supportive uses shall have separate
in
accordance with the parking requirements rofnthereas Carmel
Zoning Ordinance.
7 . 1 .9 PRIVATE STREETS
Private streets are permitted within the
project
provided they meet the minimum standards for right-of-
way and pavement width stated in the Carmel Subdivision
Regulations (Section 6. 3 .6, page
shall be recorded to assure g 33. ) Rights-of-way
lic ingr
and utility installation and maintenanceess and egress
a. Street pavements shall have a minimum thickness
of eight inches (8") of full depth asphalt (7"
base and 1 " of surface) , or six inches (6" ) of
concrete or 9" compacted stone, 3" HAC binder and
1 " HAC Surface.
b. Recorded covenants shall stipulate how
roads are to be maintained and easement
of access for all public and grant an t
emergency vehicles .
7.1 . 10 LANDSCAPING REQUIREMENTS
7 . 1 . 10. 1 Landscaping Plan. A Landscaping Plan shall be
submitted per the procedures in Section 5 . 0 of the
Carmel Subdivision regulations for review and
approval at the same time the Primary Plat and
other plans (i .e. architectural design, lighting,
parking, and signage) are submitted . This plan
shall be drawn to scale, including dimensions and
distances, shall delineate all structures, parking
areas, walks, open spaces, drive-ways, signs,
lighting standards and buffer areas and shall
delineate the location, size and description of
all landscape material, and the methods to be used
for the watering or irrigation of all planting
areas .
7.1 . 10. 2 Green Belt Buffer. The Green Belt Buffer shall be
suitably landscaped (see section 7 . 1 . 5
Moundings and other innovative treatments areVeto
be especially encouraged in this area along with
attractive fence treatments .
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7 . 1 . 10.3 Landscaping Standards
a. The dimensions, specifications and design of any
planting area or planting median shall be
sufficient to protect the landscaping materials
planted therein and to provide for proper growth.
b. The primary landscaping materials used in the
Green Belt Buffer and adjacent to buildings shall
be coniferous trees, shade trees, ornamental
trees, shrubs, ground covers, grass, mulches, etc.
in conjunction with mounding and fencing. The
landscaped buffer shall act generally as a visual
screen.
c. All shade trees shall be a minimum of six to eight
feet in overall height and have a minimum trunk
diameter of two ( 2) inches) measured \ .twenty-four
( 24) inches above the ground when planted. They
should be of varieties which will attain an
average mature spread greater than twenty ( 20)
feet. Coniferous trees shall be a minimum of six
(6) feet in height when planted.
d . Landscaping materials selected shall be
appropriate to local growing and climatic
conditions . Wherever possible, existing trees
should be conserved and integrated into the
landscaping plan.
7 .10.4 Landscaping Installation and Maintenance
a. Installation. All landscaping in common areas and
green belt buffer areas required by the approved
landscaping plan shall be installed during the first
planting season afer the start of any construction in
the development, unless otherwise required by the
Commission. The Plan Commission may require where
appropriate the installation of landscaping within the
Green Belt Buffer prior to the beginning of
construction on any structure requiring a building
permit where immediate landscaping is desired to buffer
adjacent development during the construction phase of
the Cluster Housing Development.
b. Maintenance. It shall be the responsibility of the
owners and their agencies to insure proper maintenance
of landscaping installed in accordance with the
standards set by this Ordinance and as indicated in the
Landscaping Plan which has been approved by the Plan
Commission. This is to include, but is not limited to,
replacing dead plantings with identical varities or a
suitable substitute, and keeping the area free of
refuse and debris .
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ö. Changes after Approval . No landscaping which has been
approved by the Plan Commission may later be altered,
eliminated or sacrificed , without Plan Commission
approval .
d. Inspection. The Plan Commission, Administrator, or his
duly appointed representative, shall have the authority
to inspect the landscaping installation and maintenance
to insure conformance with the approved plan on file.
Also Amend
Ordinance Z-160 as Amended
Zoning Ordinance, Definition Section 3 .0
Words and Terms 3 .6 Page 22
and
Subdivision Regulations, Definition Section 4 .0
Words and Terms 4.6 Page 14
SUBDIVISION: The division of any parcel of land (recorded after
January 21 , 1980) into three ( 3) or more parcels, sites or lots,
when more than two of the lots are less than five (5) acres in
area for the purpose of transfer of ownership, or building
development, excluding cemeteries . The improvement of one or more
parcels of land for residential, commercial or industrial
structures or groups of structures involving the subdivision and
allocation of land as streets or other open spaces for common use
by owners, occupants or lease holders or as easements for the
extension and maintenance of public sewer, water, storm drainage,
or other public utilities and facilities .
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