HomeMy WebLinkAboutZ-329 ROSO Amend to Sub. Ord.Ordinance No. 'g-.~ q
AN ORDINANCE TO PROMOTE
THE PRESERVATION OF OPEN SPACE
IN RESIDENTIAL NEIGHBORHOODS IN CONFORMITY WITH
THE 2020 VISION COMPREHENSIVE PLAN.
WHEREAS, the Cannel/Clay Plan Commission, at the direction of the Common Council and
through its Residential Open Space Ordinance task force, has reviewed the requirements of State and
Federal law and has recommended to the Common Council that the Subdivision Control Ordinance as it
applies to design of residential subdivisions should be mended so as to promote the preservation of
open space in accordance with the wishes of the CarmeYClay community as expressed in the land use
policies contained in the 2020 Vision Comprehensive Plan;
NOW, THEREFORE, be it ordained by the Common Council of the City of Carreel, Indiana, that,
pursuant to IC 36-7-4-600 et seq., it adopts this ordinance as an amendment to the text of the Zouing
Ordinance as follows:
6.0 STANDARDS OF DESIGN
6.1
6.1.3
General Requirements
The subdivision layout shall be designed in accordance with the principles and
standards contained in this ordinance with the objective of achieving the most advanta~us
development of the subdivision and adjoining areas. However, a minor subdivision shall be
exempt from the standards found in chapter 7.0.
6~
6.5.7
Lots
Perimeter Lots. When perimeter lots within qualifying subdivisions, as described m chapter 7.0,
abut an existing subdivision, they shah comply with one or more ofthe following requirements:
A. They shall match the minimum lot area, width and setback requirements
that applied to the adjoining subdivision(s), or,,
B. They shall be separated from adjoining subdivisions through use of project open
space, as defined in chapter 7.0.
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e0
7.0
7.1
Open Space Standards for Major Subdivisions
QUALIFYING SUBDIVISION. A major subdivision with community mr and community
sewer that meets the Standard Open Space goq~airement (SOSR) set forth in Seaion 7.1 shall
be considered a qualif~g subdivision. ~ts m qualif~g subdivisions are exempt from the
area, yard, width, and coverage stanchrds set forth in Sections 5.4.2, 5.4.3, 45.4.2, 45.4.3, 7.4.2,
7.4.3, 8.4.2, 8.4.3, 9.4.2, 9.4.3, 10.5.2, and 10.5.3 of the Zoning Ordinance.
QUALIFYING SUBDIVISION--BASE DENSITY. The base density permitted for a
qualifymS subdivision is set forth below. The percentages m the following table refer to the
percentage of a subdivision*s gross site acreage which must be devoted to open space as
defined m this Chapter:
RESIDENCE STANDARD BASE DENSITY
DISTRICT OPEN SPACE FOR QUALIFYING
(PER ZONING REQUIREMENT SUBDNISlON
ORDINANCE) (SOSR) (Lots/Acre)
S-1 Residential Estate 33% 1.3
S-1 Very Low Intensity 30% 1.6
S-1 Low Intensity 25% 2.1
S-2 20% 2.4
R-1 20% 2.9
R-2 20% 3.9
R-3 20% 5.0
R-4 20% 8.0
R-5 20% 15.0
7.2
QUALWYING SUBDIVISION--DENSITY INCENTIVE. The base density (units/am) of
a qualifying subdivision may be increased above the base density, set forth in Section 7.1, by
the application of a faaor of 2% of the base density for each increase of 1% in the percentage
of the site acreage that is devoted to open space (OSP). Expressed mathematically:
VVhere:
PD
BD
OSP
SOSR
= Permitted Density;
= Base Density for the residence district;
= Open Space percentage in the submitted plat;
= Standard Open Space Requirement percentage
PD = BD x (1 + 2 (OSP - SOSR))
7.3
NON-QUALWYING SUBDIVISION. A major subdivision that fails to meet the SOSR set
forth in Section 7. I shah be considered a non-qualifying subdivision. Lots in non-quatifymg
subdivisions are subject to the standards set forth m the Zoning ~ce for the applicable
residence district. Each non-qualifying subdivision must also meet the Minimum Opeq Spac9
Requirement (MOSR) set forth in Section 7.4.
7.4
NON-QUALIFYING SUBDM SION--MAXEMUM DENSITY. The MOSR and
rnaxim,,m density permitt~ for a non-qualifying subdivision are set forth below. The
percentages m the following table refer to the percentage of a non-qualifying subdivision's
8ross site acreage which must be devoted to open space as defined herein:
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RESIDENCE MINIMAL MAXIMUM DENSITY
DISTRICT OPEN SPACE FOR NON-QUALIFYING
(PER ZONING REQUIREMENT SUBDIVISION
ORDINANCE) ( MOS R ) ( Lots/Acre )
S-1 Resiclential Estate 20% 1.0
S-1 Very Low Intensity 15% 1.3
S-1 Low Intensity 15% 1.8
S-2 12.5% 2.1
R-1 12.5% 2.6
R-2 12.5% 3.0
R-3 12.5% 4.0
R-4 12.5% 5.0
R-5 12.5% 10.0
7.5
OPEN SPACE SCHEDULE. Together with the primary plat application, the applicant must
submit a schedule of open space provided, showing the categories used and acreage of each.
(See appendix A.). Subdivision open space shall be divided into three (3) categories: Natural
Open Space, Agricultural Open Space, and Designed Open Space.
A,
NATURAL OPEN SPACE (See Section 7.7). Natural Open Space includes all land areas
set aside in a naturally occurring state, and used either:
1~ for the purpose of passive neighborhoed recreational use;
2. to protect scenic views; or
3. to minimize views of new development from existing roads.
B. AGRICULTURAL OPEN SPACE (See Section 7.8). Agria~tural Open Space includes
all land areas set aside for agricultural-and horticuUn~l uses, including pastureland.
C,
DESIGNED OPEN SPACE (See Section 7.9).Designed Open Space includes all land
areas (other than Agricultural and Natural Open Space) set aside or designed for passive
or active recreational use within neighborhood areas.
7.6
GENERAL STANDARDS FOR OPEN SPACE. All subdivision open space that is set
aside for common use, shall be designed using ths standards set forth within each open space
category, and per the general requirements below.
Open space should be direaly accessible to the largest practicable number of lots within
the subdivision. Non-adjoining lots must be provided with safe and convenient pedestrian
access to open space land, Open space must also be reasonably accessible for land
mansgement and emergency purposes.
B. Open space intended for recreational use must be suitable for such use without posing
interference with adjacent dwelling units, parking, driveways, and roads.
Ce
Wherever possible, open space should be designed to provide a continuous network of
open space lands within and adjoining the subdivision. The network should be undivided
by streets or alleys, except where necessary for proper traffic circulation.
D,
Open space must be landscaped either by retsining existing natural cover and wooded
areas and/or according to a landscape plan, which specifies~olant material adapted to
central hdiana's growing conditions, to protect and/or enhance open space.
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Es
F,
G,
H,
Open space must be free of aH strucUn~, except hisWric buildings or structures directly
related to the purpose of the open space provided, such as clubhouses, gazebos, picnic
shelters, band shelters, decks and bridges. However, the Commission may grant approval
of structures and improvements required for swrm drainage, sewage treatmere and water
supply witJam open space, provided that such facilities would not be detrimental to the
open space.
There shall be submitted a ccnservation plan that addresses the intended use of the Natural
and Agricultural Open Spaces. The Conservation Plan shah identify all primary
conservation areas, secondary conservation areas, and overall project open space, and
describe the conservation practices that will protect and preserve the open space during
construction of the project and for its fixture use. For Natural and Agricultural Open
Spaces, earthwork, grading, or other construction activities shall be limited to practices
identified in the conservation plan and those utilities or roadways that cannot be logically
located elsewhere.
Open space must be subject to covenants and agreements as needed to preserve any
common open space, with all agreements for conservation easements to be duly recorded
in the office of the County Recorder as required by the Commission.
Open space should be consistent with the goals, objectives and policies set forth in the
Comprehensive Plan.
7.7
STANDARDS FOR NATURAL OPEN SPACE. The following represent minimum
standar~ to reduce adverse impacts on Natural Open Space, especially any Primary and
Secondary Conservation 'Areas as described below.
Unless otherwise approved by the Commission, each Natural Open Space area must
have:
1. a minimum area of one-half acre;
2. a minimum a width of 75 feet, and
3. at least two (2) points of access.
Natural Open Space areas may be altered, but only to the extent indicated in the
conservation plan. Such alterations shall occur in accordance with the P!~mning and
Design standards set forth below, and consistent with the approved Maintenance Plan for
the subdivision.
Co
Natural Open Space must include the most sensitive resource areas of a property, as well
as significant manmade features, such as pipeline easements (Primary Conservation
Areas). Whenever possible, natural open space areas should also include locally
significant features (Secondary Conservation Areas).
Do
Primary Conservation Areas. The following natural and manmade features are hereby
classified as priority protection areas, and shall be protected to the extent indicated
below:
1. Groundwater Resources. Public Well-Head Protection Areas representing a 200-
foot radius control area shah be protected as provided below.
2. All FEMA and 1DNR 100 Year Floodways shall be preserved in their entirety,
however, 100-year floodway alterations may occur pursuant to a Letter of Map
Revision (LOMR) pursuant to the Federal Emergency Management Agency and
Commission approval.
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3. Federal Jurisdictional Wetlands of ¼ acre or greater shaft be preserved in their
entirety, including a 50-foot wide perimeter buffer area to insure their protection.
Wetland alterations may occur, however, pursuant to a mitigation plan approved by
the Indiana Depamnent of Environmental Management and the Commission.
4. The White River Comdor shall be preserved in its entirety (100-foot undisturbed
buffer).
5. No more than 15 % of lands
woodlands shall be cleared.
6. No more than 30% of lands
woodlands shall be cleared.
7. No more than 50% of lands
shall be cleared.
8. No more than 15% of steep
excavated.
9. Historic structures and sites shall be preserved as provided below.
10. All Shell Oil Company and Panhandle Eastern Pipeline easements, and high voltage
electrical transmission lines within easements, shall be protected.
occupied, as of December 1, 1998, by mature
occupied, as of December 1, 1998, by young
occupied, as of December 1, 1998, by scrub woodlands
slopes (10% or greater) may be cleared, graded, or
E,
Should the primary conservation areas combine to exceed the SOSPs a density
incentive shall be allowed per Section 7.2, and/or up to half of the open space surplus
may be utilized for non-open space uses.
F,
Secondary Conservation Areas. If the SOSR cannot be achieved through the
preservation of primary conservation areas, the following Secondary Conservation Areas
shall be incorporated, in descending order of priority:
1. FEMA and 1DNR identified 100 year Floodway Fringe.
2. Wooded creek/ditch coredors without FEMA designation including a 50-foot wide
adjacent buffer area to insure their protection.
3. Hedgerows, groups of trees, large individual trees of 18" DBH or greater.
G,
Groundwater Resources. To ensure that the groundwater resources of CarmeYClay
Township are protected for purposes of providing water supplies for its residents and
businesses, and to protect the base flow of the municipality's surface waters, these
regulations shall be applied in conjunction with those provided for m Section 7-85 of the
Carreel City Code, dealing with public wellhead protection.
1. The proposed subdivision of any tract shall be designed to cause the least practicable
disturbance to natural infiltration and percolation of precipitation to the groundwater
table, through careful planning of vegetation and land disturbance activities, and the
placement of streets, buildings and other impervious surfaces.
2. The complete sealing of all lakes, ponds, or other water impoundment of any kind
located within the one-year time oftravel, as shown on Open Space/Environmental
Features Map in the Comprehensive Plan, shall be reqmred. No lakes, ponds or
other water impoundment of any kind shall be allowed within the 200-foot radius of
a public wellhead.
3. Stormwater management ponds should, where appropriate, be designed to provide
for natural vegetative buffers around the perimeter to help filter surface runoff and
act as habitat for wildlife. Plantrags within these buffers should consist of native
herbaceous plants and woody plants, and native wetland plants. Pond banks shall
be graded not steeper than 5:1, and shall include a fifteen-foot wide perimeter safety
ledge graded at 2% and at a depth of one foot below the permanent pool level.
Alternative designs for side slopes may be considered by the Director under special
circumstances where good design and proper engineering practice is demonswated.
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K,
Floodway and Floodway Fringe Areas. The Comprehensive Plan describes and maps
signi~cam naUiral feauires, which includes the White River, ditch and creek channels
with their associated flood plains. These are resources that warram restrictive land use
controls because of the flooding hazards to human life and property, their groundwater
recharge functions, their importance to water quality, the health of aquatic and wildlife
habitats. The following activities shall be prohibited, except as may be required by the
Hamilton County Drainage Board, or Cannel Board of Public Works and Safety:
1. Disturbance, including excavation, filling of earth or removal of native vegetation,
within one hundred year floodways;
2. The filing of federal jurisdictional wetlands; Wetlands may be dredged for
deepening or enlarged, however, protection of existing wetland vegetation shall be
addressed, consistent with planning and design standards for woodlands.
The White River. The White River is this communit~s most significant natural and
cultural resource. The CarmeYClay Board of Parks and Recreation has identified the
White River as a significant recreation Comdor. A Priority Conservation Area in the
form of a one hundred-foot wide buffer strip, measured from the top of bank along the
Clay Township side, has been established adjacent to the White River. This buffer strip
serves as a protective area to maintain or improve water and habitat quality along the
entire length, through Clay Township.
Woodlands. Woodland areas that occur throughout CarmeYClay, are primarily
associated with streams, ditches, wetlands, poor and erodible agricultural soils, and
moderate to steep slopes. Because of their resource values, all mature woodlands, young
woodlands, and scrub woodlands on any tract proposed for subdivision shall be
evaluated by the applicant and the City w determine the extent to which they shall be
designated, par0y or entirely, as Open Space. Evaluation criteria shall include:
1. Configuration and size w determine woodland classification. Present conditions,
i.e., stocking, health and species composition (including ground layer, shrub and
understory, and canopy;
2. Site potential, i.e., the site's capabilities to support woodlands, based upon its
topographic, soil and hydrologic characteristics and development impact;
3. Ecological functions: i.e., in protecting steep slopes, erodible soils, maintaining
stream quality and providing for wildlife habitats;
4. Relationship to wooded areas on adjoining and nearby properties and the potential
for maintaining continuous woodlands.
Evaluation of Woodlands. The evaluation of the tract' s woodlands shall be undertaken
by an arborist, landscape architect, horticulturist or another qualified professional,
acceptable to the municipality. This evaluation shall be submitted as a report and made a
part of the Primary Plat application. The report shall include a map indicating the
boundaries, composition and conditions of wooded areas accompanied by a written
report addressing the evaluation criteria above. In designing a subdivision for any tract,
the applicant shall be guided by the following standards:
1. Disturbance or removal of trees within primary conservation areas shall be
prohibited except as allowed in Paragraph 4 above. Disturbance or removal of trees
within secondary conservation areas shall be undertaken pursuant to the
requirements of Paragraph 5 above, and only when approved by the Commission on
a limited, selective basis to minimize the adverse impacts of such actions to
conservation areas.
2. No tree clearing shall be permitted on a site prior to Secondary Plat approval.
3. The determination of sight distance clearances along roadways shall be made
graphically, and not by clearing on-site prior to final plsn approval.
41
~on of vegetation. Where earthwork, grading, or construction activities will take
place in or adjacent to Natural open space, a limit of disturbance line shall be shown on
the construction plans and the area(s) protected through installation of temporary fencing
or other approved measures. Such fencing or other measure shall be mstalled prior to
commencing construction, and maintained throughout the period of construction. Grade
changes to occur st any location of the property shall not result in alteration to soil or
dramage conditions that would adversely affect existing vegetation W be retained
following site disturbance, unless provisions are made to protect such vegetation and its
root systems. When digging trenches for utility lines or similar uses, disturbances to the
root zones of all woody vegetation shall be minimized. If trenches must be excavated in
the root zone, all disturbed roots shall be cut as cleanly as possible. The trench shall be
backfilled as quickly as possible. Underground tunneling or directional boring of
uffiities is encouraged to protect tree roots. If grading and earth disturbance are planned
to take place between November 1 and April l, when vegetative cover can not be
established, best management practices {BMPs) for sediment and erosion control
methods shall be employed, in accordance with an erosion control plan submitted to and
approved by the Director.
7.8
STANDARDS FOR AGRICULTURAL OPEN SPACE. Agricultural Open Space shall be
devoted to agricultural and horticultural uses, including raising crops, or livestock, and may
include residences that are specifically needed to support an active, viable agricultural or
horticultural operation. Specifically excluded are commercial livestock operations involving
swine, poultry, mink, and other animals likely to produce offensive odors. Agricultural and
horticultural uses may not consume more than one half of the SOSR.
STANDARDS FOR DESIGNED OPEN SPACE. Designed Open Space may assume any
one or more of the following forms; however, the Commission may consider and approve
other forms not described in this section which may be proposed by the applic3m:
A,
Squares. Squares are areas designed for passive recreahonal use.
1. Squares shall be no greater than 5000 square feet in area;
2. Streets shall bound squares on at least two sides.
Neighborhood Parks. Neighborhood parks are areas designed for prygrounds and/or
passive recreational use.
1. Neighborhood parks shall be a miramum of 5000 square feet.
2. Streets shall bound neighborhood parks on at least one side.
C,
Greens. Greens are areas that may be designed for passive and/or active
recreational use.
1. Greens shall be no less than 60,000 square feet in area, with a minimum
average width of 150 feet.
2. Streets shall bound greens on at least one side.
Boulevards. Boulevards are linear open spaces located within a public or private s~et
and consist of a linear street median and exwa wide tree lawns planted in a formal manner
with street trees located on consistent spacing.
1. Within Boulevards, the minimum width for center medians shall be ten (10 ) feet.
2. The minimum wid~ for boulevard tree lawns shall be ten (10) feet from the back of
curb to the sidewalk.
3. Boulevards may not constitute more than 30% of the SOSR.
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E,
F,
K,
Parkways. Parkways are ~reas designed to incorporate natural setlings such as creeks and
significant stands of trees within a neighborhood. Parkways differ ~rom boulevards, parks
and squares m tha~ their detailing is natural or informal.
1. Parkwa~ are to be entirely bounded by pedestrian ROW's within developed areas,
and bounded by streets on 20% of the perimeter;
2. Parkways shall be a minimum of S0 feet in width, or 100 feet if adjacent to a river,
creek or other watercourse.
3. Small-scale recreational features such as playground area or soccer fields are
appropriate placed within parkways.
Greenbelts. Greenbelts nm along the perimeter of a neighborhood and may be left natural
or developed to provide for recreation opportunities.
1. The minimum width for greenbelts is 150 feet.
2. Stormwater management facilities may be located within greenbelts, but shall not
comprise greater than 50% of the total greenbelt area.
3. Streets must bound greenbelts on a minimum of two sides.
4. Greenbelts may not comprise more than 75% of the SOSR.
Constructed Habitat. Constructed Habitat includes spaces that are designed, using
accepted design practices, to create natural landscape areas, such as woodlands, meadows,
or wetlands, that will mature and evolve with the years into quality habitat and passive
recreation lands. Constructed Habitat areas must:
1. include only parcels one acre or larger;
2. have an avenge width not less than seventy-five (75) feet; and
3. be accessible from at [east~two separa~ points of access.
Linkages. Linkages are short pathways used to cormoct open space areas, with a
minimum width of fifteen (15) feet.
Planting Strips. Planting Strips are spaces required per Section 6.3.19 of the Subdivision
Regulations, and may contribute up to 15% ofthe SOSP~
I-E~ric Structures and Sites. Many of the community's historic stru~nres and sites
(resources) have been extensively researched and remain intact. For purposes of this
ordinance, The Hamilton County Interim Report, as amended, published March 1992 by
the Historic Landmarks Foundation of Indiana, shall be the official inventory of historic
stm~xres and sites in Cannel/Clay Township.
1. Plans requirmg subdivision approval shall be designed to protect existing historic
structures and sites of all classes. This protection shall include the conservation of the
landscape immediately associated with and significant to those structures and sites, to
preserve their historic context.
2. Where, in the opinion of the Commission a plan will have a deuimental impact upon
a historic resource, the developer shall mitigate that impact to the satisfaction of the
Commission by modifying the design, relocating proposed lot lines, providing
landscape buffers, or other approved means.
Trails and Paths. When a subdivision is traversed by or abuts a proposed or existing trail
or path, the applicant shall make provisions for its development and continuation. The
applicant may alter the course of a Wail if (i) the points at which the trail enters and exits
the tract terrain unchanged; (ii) the proposed alteration exhibits quality trail design per
the principles ofthe Hamilton County Alternative Transportshort Plan; (iii) the proposed
43
alteration does not coincide with a paved road intended for use by motorized vehicles;
and (iv) Alternative Transportation Path routes per the thoroughfare plan are not altered.
1. Trails shah generally be located within the undivided (common) Open Space lands.
In situations where trats must cross portions of house lots or conservancy lots, a
permsnent conservation and common access easement shall protect them.
2. The width of the conservation easement shall be a minimum off~teen (15) feet. The
language of the conservation easement shall be to the satisfaction of the Commission
upon recommendation of the Commission atWrney.
3. The land area permanently designated for tratis may be credited wward the open
space requirement.
4. Tra~ and path improvements shall demonstrate adherence to principles of design
recommended in the Hamilton County Alternative Transportation Pathway Standards
and Design Guidelines.
5. Trails shah have a vertical clearance of no less than ten (10) feet.
6. Width of the trail surface may vary depending upon type of use to be accommodated,
but in no case shall be less than five (5) feet. When located adjacent to public
thoroughfares, tratis shah be designed per the Thoroughfare Plan designation for
parallel multi-purpose paths.
7. No trail shall be designed with the intent to accommodate motorized vehicles.
L,
Pastureland. Pastureland is land reserved for hones that are used solely for recreational
purposes. Equestrian facilities shall be included in Pastureland but may not consume more
than one half of the SOSR.
M. Golf Comes. Golf Comes, excluding associated driving ranges or mmiattwe golf
facilities, may comprise up to half of the SOSR. However, lands devoted to parking areas,
clubhouses, and any other associated structures shall not be counted toward the SOSP~
N,
Ponds. Ponds are stormwater management facilities which are designed, landscaped, and
available for use as an integral part of a subdivision's open space network. Ponds may be
counted toward a portion of the SOSR, as follows:
1. Individual detention areas/retention ponds of less than 3 acres may comprise up to
50% of the SOSR.
2. Individual detention areas/retention ponds of 3 acres or more may comprise up to
75% of the SOSR.
7.11
PERMANENT PROTECTION THROUGH CONSERVATION EASEMENTS
A. Subdivision open space shall be subject to permanent conservation easements
prohibiting future development and defining the range of permitted activities.
B,
In Conservancy Lots where applicants voluntarily opt to develop their
properties at very low densities (at ten acres minimum per principal dwelling), and offer
to place a restrictive conservation easement preventing future subdivision of the newly
created parcels, the Commission shall review the proposed easements and shall accept
them, provided their wording accomplishes the purposes of this Ordinance and is
consistent with the Comprehensive Plan.
7.12
OWNERSHIP OF OPEN SPACE AND COMMON FACILITIES
A. Ownership Options. The following methods may be used, either individually or in
combination, to own common facilities; however, project open space which is
contiguous to an existing public park or wail (linear park) or contiguous to an area
identified as a park (or trail) on the park master plan shall be initially offered for
dedication W, or purchase by, the Park Board. Open space shall not be transferred to
another entity except for transfer to another method of ownership perrn~ed under this
section, and then only when there is no change in the common facilities or in the open
space ratio of the overall development. Ownership methods shall conform to the
following:
1. Fee Simple Sale or Dedication to the Park Board. The Park Board may, but shah
not be required to, purchase or accept the dedication of any portion of the common
2. Condominium Association. Common facilities may be controlled through the use
of condommium agreements. All open land and common facilities shall be held as
common element.
3. Homeowners' Association. Common facilities may be held in common ownership
by a homeowners' association, subject to any of the provisions for homeowners'
associations set forth in the Zoning Ordinance. h addition, the following
regulations shall be met:
a. The applicant shall provide the Commission a description of the organization of
the proposed association, including its by-laws, and all documents governing
ownership, maintenance, and use restrictions for common facilities.
b. The proposed association shall be established by the owner or applicant and
shall be operating {with financial subsidization by the owner or applicant, if
necessary) before the sale of any dwelling units in the development.
c. Membership in the association shall be automatic (mandatory) for all
purchasers of dwelling units therein and their successors in title.
d. The association shall be responsible for maintenance and insurance of common
facilities.
e. The by-laws shall confer legal authority on the association to place a lien on the
real property of any member who falls delinquent is his dues. Such dues shall
be paid with the accrued interest before the lien may be lifted.
f. Wri~n notice of any proposed transfer of common facilities by the association
or the assumption of maintenance for common facilities must be given to all
members of the association
g. The association shall have adequate staffW administer, maintain, and operate
such common facilities.
o
Private Conservation Organization. With permission of the Commission, an owner
may wansfer either fee simple title of the open space or easements on the open
space to a private non-profit conservation organization provided that:
a. The conservation organization is acceptable to the Commission and is a bona
fide conservation organization intended to exist indefinitely;
b. The conveyance contains appropriate provisions for proper reversion or
retnnsfer in the event that the organization becomes unwilling or unable to
continue carrying out its functions.
c. The open space is permnnently restricted from fuV. tre development through a
conservation easement and the Director is given the ability to enforce these
resmctions; and
d. A maintenance agreement acceptable to the Commission is established between
the owner and the organization.
o
Dedication of Easements to the Park Board. The Park Board may, but shall not be
required to, accept easements for public use of any portion of the common land or
facilities. In such cases, the facility remains in the ownership of the condominiurn
association, homeowners' association, or private conservation organization. In
addition, the following regulations shall apply:
a. Any such easements for public use shall be accessible to the general public.
45
,
b. A satisfactory maintenance agreement shall be reached betw~ the owner and
the Park Board.
Non-Common Private Ownership. Up to 75 percem ofthe SOSR may be mchded
within one or more large "conservancy lots" of at least l0 acres, provided the open
space is permanently restricted from future development, except for Natural or
Agricultural Open Space uses, through a conservation easement, and that the
Director is given the ability to enforce these restrictions. .
7.13
MAINTENANCE
Unless otherwise agreed to by the Plan Commission, the cost and responsibility of open
space land shall be borne by the property owner, condominium association,
homeowners' association, or a conservation organization.
B,
The applicant shall, at the time of preliminary plan submission, provide a Plan for
Maintenance of Subdivision Open Space Lands and Opera.on of Common Fac~li.es in
accordance with the following requirements.
1. The Plan shall define all open spaces and ownership of those areas in written and
graphic form;
2. The Plan shall establish necessary regular and periodic operation and maintenance
responsibilities for the various categories and types of open space;
3. The Plan shall estimate staffing needs, insurance requirements, and associated
costs, and define the means for funding the maintenance of the project open space
and operation of any common facilities on an on-going basis. Such funding plan
shall include the means for funding long-term capital improvements as well as
regular yearly operating and maintenance costs.
7.14
MODIFICATIONS
A,
The Commission may, after a public hearing, permit the modification of the provisions
of this Chapter. However, in terms of modifying any dimensional requirement (lot area,
width, setbacks, etc.), such modification may not be greater than thirty-five (35)
percent.
Any appwval to permit such a modifica~on shall be subject to the following criteria:
1. The design and modifications shall be in harmony with the purposes and the land-
use standards contained in this Chapter;
2. The design and modifications shall enhance the subdivision plan, the central core
area, the streetscapes, and the neighborhoods, or at least not be any less desirable
than the plan that could be crem~ m conformance with this Clap~r;
3. The design and modifications shall not produce lots or street systems that would be
impractical or detract from the appearance of the subdivision plan, and shall not
adversely affect emergency vehicle access or deprive adjoining noncommercial
properties of adequate light and air.
4. The applicant shall demonstrate that the proposed modifications will produce equal
or better results, from the Commission's perspective, and represent the minimum
modification necessary.
l/the Commission determines that the applicant has met his/her burden, it may grant a
modification of the requirements of this article. In granting modifications, the
Commission may impose such conditions that -,viII, m its judgment, secure the
objectives and purposes of this Chapter.
46
Appendix "A"
Subdivision name:
OPEN SPACE SCHEDULE
Site Acreage
Zoning District
OPEN SPACE DETERMINATION (provide percentage and acreage)
ac. Min. Open Space Requirement (OSR)
ac. Open Space Provided
/ ac.
ac. Natural Open Space (Primary Conservation Areas)
FEMA/IDNK 100 yr. Floodways []
[]
[] White River Greenway
[] Young Woodland
[] Steep slopes (10%)
[] Pipeline Easements
Wetlands (> 1/4 ac.)
[] Mature Woodland
[] Scrub Woodland
[] Historic Structures/Sites
[] Well-head Protection Areas
Natural Open Space (Secondary Cmservaflon Areas)
[] FEMA/IDNP, 100 yr Flood Fringe [] Wooded creek coredors
[] Hedge Rows/Groups of Trees [] Trees 18" DBH or greater
[] High Voltage Electrical Transmission Lines
ac. Agricultural Open Space
ac. Designed Open Space
ac.
[] Square [] Green
[] Neighborhood Park [] Boulevard
[] Parkway [] Greenbelt
[] Constructed Habitat [] Linkages
[] Planting St, rips
Stormwater Management Ares
[] retention pond <2 acres
[] detention area <2 acres
[] retention pond >2 ac.
[] detention area >2 ac.
47
Passed by the Common Council ofthe City of Carmel, Indiana this ~//~. day o~1998 by a vote of
~7 ayes and ~ nays.
COMMON COUNCIL FOR THE CHY OF CARMEL
il~ly~. Wa~er
RldE. Caner B
ATTEST:
Din L. Cordray, Clerk-T~~r
Presented by me to the Mayor ofthe City of Cannel, Indiana on the ~/~/~da of~
Diana L. Cordray,~r
Approved by me, Mayor ofthe City of Carmel, Indiana, this ~/~day of ~z~.~ , 199__~.
Diana L. Cordr~y, Cl~.~r
48
Proposed
Zoning Ordinance Amendments
Chapter 3.0
DEFINITIONS
MAJOR SUBDIVISION
MINOR SUBDIVISION
MATURE WOODLAND
YOUNG WOODLAND
SCRUB WOODLAND
CARMEL CITY COUNCIL
November 1998
ZL .O OP, DINANCE
groups of stru~ 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.
SUBDMSION, MAJOR. Any subdivision that is not less than five (5) acres in area and
that has five (5) or more lots.
SUBDIVISION, MINOR. Any subdivision that either has less than five (5) acres in area,
or fewer than five (5) lots.
SUBDIVISION PLAT. (See "Plat.")
TEMPORARY CONSTRUCTION FACILITY. Temporary buildings or structures
incidental to construction operations used during construction development.
THREE COMPONENT MEASURING SYSTEM. Insmxmentation which can measure
earthborne vibrations in three directions, that is, vibration occurring in a horizontal as well as a
vertical plane.
TOURIST HOME. A building in which one (1) but not more than five (5) guest rooms are
used to provide or offer overnight accommodations to transient guests for compensation.
TRADE OR BUSINESS SCHOOL. Secretarial or business school or college when not
publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable or
non-profit organization; or, a school conducted as a commercial enterprise for teaching instrumental
music, dancing barbering or hair dressing drafting or for teaching industrial or technical arts.
TURNAROUND. A space on private property that permits the turning around of any
passenger vehicle without the necessity of using any public right-of-way to mm around.
TYPE OF OWNERSHIP. Refers to methods of ownership of any type of dwelling unit, or
premises, including individual, corporate, cooperative or condominium form of ownership or rental.
TYPE OF STRUCTURE. Refers to the physical arrangement of dwelling units such as a
detached single-family dwelling, cluster single-family dwelling, duplex or two-family dwelling, row
house or multiple-family dwelling.
USE. The employment or occupation of a building, structure or land for a person's service,
benefit or enjoyment.
VARIANCE. A modification of the spedtic requirements of this ordinance granted by the
Board in accordance with the terms of this ordinance for the purpose of assuring that no property,
4-
Z~- . ,rG OP, DIN.~"~C~
because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed
by other properties in the same vicinity and district.
VETER/NARY HOSPITAL. A facility for the practice of veterinary medicine with or
without provisions for the boarding of animals.
VIBRATION. Oscillatory motion transmitted through the ground.
VISION CLEARANCE ON CORNER LOTS. A triangular space at the street comer of a
comer lot, free from any kind of obstruction to vision between the heights of three (3) and eight (8)
feet above the established street grade. The street grade is measured at the intersection of the center
lines of the intersecting street pavement, and the triangular space is determined by a diagonal line
connecting two points measured fifteen (15) feet equidistant from the lot comer along each property
line at intersections of two (2) residential streets or twenty-five (25) feet at the intersection of any
other types of streets.
WOODLAND, MATURE. An area of plant material covering ~ acre, or more, and
consisting of thirty (30) percent or more canopy trees having an sixteen (16) inch or greater caliper,
or any grove consisting of 7 or more trees having eighteen (18) inch or greater caliper.
WOODLAND, YOUNG. An area of plant material covering ~ acre, or more, and consisting
ofthirty (30) percent or more canopy trees having an eight (8) inch or greater caliper, or any grove
consisting. of 7 or more trees having ten (10) inch or greater caliper.
WOODLAND, SCRUB. An area of plant material covering ½ acre, or more, and consisting
of seventy (70) percent or more canopy trees having an two and one-half (2 ½) inch or greater
caliper, or any grove consisting of 15 or more trees having four (4) inch or greater callper.
YARD. A space on the same lot with a principal building which is open, unoccupied and
unobstructed by structures, except as otherwise provided in this ordinance, which is a maintained
green area composed of grass and/or live plant materials.
YARD, FRONT. A yard extending across the full width of the lot between the building line
and the front line which is unoccupied other than by steps, walks, terraces, driveways, lamp posts
and similar structures, the depth of which is the least distance between the front line and the building
line. The side(s) of a lot which is (are) adjacent to a street fight-of-way.
YARD, REAR. A yard extending across the full width of the lot between the rear of the
principal building and the rear lot line which is unoccupied other than by accessory buildings, steps,
walks, terraces, driveways, lamp posts and similar structures, the depth of which is the least distance
between the rear lot line and the rear of such principal building.
YARD, SIDE. A yard extending from the from yard, or from the from lot line where no
from yard is required, to the rear yard between the principal building and the side lot line. The width
Proposed
Zoning Ordinance Amendments
SUPPORT MATERIALS
CARMEL CITY COUNCIL
November 1998
R,~.eid-nti-~ r14~en ~qpP~e Task Force rne~ting
July 24, ! 997
August 7
August 21
September 4
September 2S
October 3
October 23
November I 0
December 9
December 22
January I s, 1998
February 3
March 3
August 20
OPEN SPACE TASK FORCE
Meeting August 21, 1997
WHAT DO WE WANT IN UNDEVELOPED AREAS?
2.
3.
4.
5.
®
6.
7.
8.
"conservation areas" - preserve
Create permanent passive open space as part of subdivision
Preserve nann'al features remaining
Identify- invemory those remaining conservation areas
Create pedestrian/bicycle links between neighborhood and community
destinations (Schools, Shopping, Parks... )
Require street trees
Subdivisions facilitating within development
Treatment of buffering
Create value in undeveloped areas where no significant natural
features exist... create open space
Allow traditional (CaratebStyle) development
INCREMENTAL APPROACH TO ORDINANCE UPDATE
A. Amend existing Residential Open Space Ordinance
B$
C$
Compress approval _timeline
1. Plan A Definition review
2. Delineate deductions (elm'if'y)
3. More definition
4. Use gross area
5. Relax development standards (ff certain % open space)
Covenants m prevent neighborly encroachments
IDEAS
I. Elective open space- not mandatory
2. Open Space - no use of floodway, no use of detention
3. Minimum 20 % open space in open space community
4. Density incentives for > 20 % open space
5. S=I West Open Space achievable (Tom Thompson)
6. Push utilities to rear yards (Lobby Utility Cos.)
7. Open Space - maintained by homeowners association
8. Open Space definition -- Landscape Easements
Have consistent minimum side yard and aggregate side yard for all
districts.
10. Encourage or Mandate Open Space
11.
Map ConservatiOn Areas for mandatory conservation areas
12. Open Space minimum or dedication/contribution to public--comm~mity
· 20 % Open Space (east)
· 10-15 % Open Space (traditional)
* > 20 % Open Space (west) T.T.
13. Evaluate woodlands in CPA for significance
14. Reforestation-vs- woodland preservation
15. Use Randall's positive points.
S'Ymma/uom$1~197
CERTWICATION OF PLAN COMMISSION'S RECOMMENDATION
ON ORDINANCE TO CHANGE THE OFFICIAL ZONING MAP
FOR THE CITY OF CARMEL AND CLAY TOWNSHIP
IN ACCORDANCE WITH THE
RESIDENTIAL OPEN SPACE ORDINANCE AMENDMENT
PURSUANT TO INDIANA CODE 36-7-4~0d
Z,-327 a Z329
TO:
The Honorable Common Council
of the City of Carreel
HamiRon County, Indiana
Dear Members:
The CarrneYClay Plan Commission offers you the following report on the application of
the Residential Open Space Task Force, petitioning the Commission to add n~
provisions to the Zoning Ordinance concerning the maximum allowable density and
developmental standards applicable to residential subdivisions; and
To also add new provisions to the Subdivision Control Ordinance establishing definitions
and requirements for promoting the preservation of open space within residential
subdivisions in accordance with the wishes of the Carreel/Clay community as expressed
in the land use policies contained in the 2020 Vision Comprehensive Plan.
The Carreel/Clay Plan Commission's recommendation on the petition of the applicant is
FAVORABLE.
At its regularly scheduled meeting of October 20, 1998, the Cannel/Clay Plan
Commission approved the requested Amendments by a vote of 8 in favor, none opposed.
Dated this 30~ day of October, 1998.
CARMEL/CLAY PlAN COMMISSION
ent
OCT 30 1998