HomeMy WebLinkAboutZ-346 Residential Open Space Ordinance No. Z-346
as amended
AN ORDINANCE TO PROMOTE
TIlE INTEGRATION OF OPEN SPACE INTO RESIDENTIAL NEIGHBORHOODS
IN CONFORMITY WITH THE COMPREHENSIVE PLAN
W}IEREAS, the Cannel Clay Plan Commission, at the direction of the Common Council, and
through a committee process has reviewed the requirements of Ordinance Z-329 and has
recommended to the Council tlmt Z-329 should be amended to streamline some of the provisions of
the ordinance, as well to add technical and adraiulscaative clarity which benefits citizens and
petitioners as well as the Plan Commission and City staff. These amendments also further the
community's conumtment to the protection of natural ~eas and the promotion of functional
neighborhoed open space as expressed in the land use policies contained in the 2020 Vision
Comprehensive Plan.
NOW, THEREFORE, be it erdatried by the Common Council of the C~ty of Cannel, Indiana.
that, pursuant to IC 36~7-4-600 et seq., it adopts this ordinance as an amendment to the Subdivision
Control Ordinance, as follows:
7.0 Open Space Standards for Major Subdivisions
The Open Space Subdivision design approach has been adopted to ensure a minimum mount of
neighborhood open space is integrated within all Major Subdivisions. Open Space should be set aside
for active or passive uses, and provide a network of open space. The open space requirements
emphasize the protection of natural areas, such as flood zones and woodlands, but also allow for more
structured open spaces, such as parks or squares, as well as for agricultural open space in the form of
fields or pasture. Open space should be consistent with the goals, objectives and policies set forth in
the Comprehensive Plan.
To encourage the maximum amount of open space within subdivisions, the ordinance allows for
smaller lots, and reduced yard areas. The ordinance also allows for a density increase bonus when
minimum requirements for open space are exceeded.
7.0
SUBDIVISION OPEN SPACE DESIGN.
A. Major Subdivisious with community water and commmftty sewer that meets the
Standard Open Space Requirement (SOSK) set forth in Se~'ton 7.1 shall be exempt from
the area, yard, width, and coverage standards set forth in Sections 5.4.2, 5.4.3, 6.4.2,
6.4.3, 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 Zor{mg Ordinance,
however, the minimum distance between dwellings shall be six (6) feet.
B. Iffmor subdivisions shall be exempt from the requirements ofthis Chaptor.
C. Major subdivisions with a gross density of 1.0 units per acre or less shall be exempt
from the requirements of this Chapter.
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7.1
SUBDIVISION BASE DENSITY. The base density permitted for a new subdivisions is set
forth below. The percentages in the following table refer to the percentage of a subdivisioffs
gross site acreage which must be devoted to open space as defined in this Chapter:
RESIDENCE STANDARD BASE DENSITY
DISTRICT OPEN SPACE FOR QUALIFYING
(PER ZONING REQUIREMENT SUBDIVISION
ORDINANCE) (SOSR) (Lots/Acre)
S-1 Residential Estate 15% 1 .O
S-1 Very Low Intensity 15% 1.3
S-1 Low tntensity 20% 1.8
S-2 20% 2.4
R-1 20% 2.9
R-2 20% 3.9
R-3 25% 5.0
R-4 25% 8.0
R-5 25% 12,0
7.2
SUBDIVISION--DENSITY INCENTIVE. The gross base density (units/acre) of a
subdivision may be increased above the permitted base density, set forth in Section 7.1, by the
application of a factor of 1.5 % of the base density for each increase of 1% in the percentage
of the site acreage that is devoted to open space. Expressed mathematically:
PD = BD x (1 + 1.5(OSP - SOSR))
Where:
PD = Permitted Density; BD = Base Density for the residence district;
OSP = Open Space percentage in the submitted plat;
8OSR = Standard Open Space Requirement percentage
7.3
OPEN SPACE SCHEDULE. Together with the primary plat application, the applicant must
submit an Open Space Schedule, noting the Open Space categories used and acreage of each.
(ExhibitA.). Subdivision open space is divided into four (4) categories: Natural Open Space,
Agricultural Open Space, Conservancy Lots, and Designed Open Space.
A. NATURAL OPEN SPACE (See Section 7.6). Natural Open Space includes all land areas
set aside in a naturally occurring state, including priority conservation areas, used either:
1. forthepurpnseofpassiveneighborhoodreereationaluse;
2. to protect scenic views; or
3. to minimize views of new development from existing roads.
B. AGRICULTURAL OPEN SPACE (See Section 7.8). Agricultural Open Space includes
all land areas set aside for agricultural uses, including pastureland.
CONSERVANCY LOTS (See Section 7.10 ) Conservancy Lots are intended to be used
primarily as large lot residential uses wbjmh serve as a buffer and/or transition to pockets
of low intensity, very low intensity,and residential estate subdivisions.
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:
I. for passive or active recreational use within neighborhood areas;.
2. To enhance views of new houses from existing roads;
3. To act as neighborhood focal points.
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7.4
GENERAL STANDARDS FOR OPEN SPACE. All subdivision open space that is set
aside for common use, shall be designed using the standards set forth within each open space
category, and per the general reqff~rements below.
A. Any lot within a subdivision shall be located within a 1000' radius of Open Space to help
ensure safe and convenient access to the greatest number of lots within the subdivision.
B, Open space must also be accessible for land management and emergency purposes.
C,
Open space must be easily and permanently identifiable as open space through one or
more ofthe following: maintenance practices, permanent signage, permanent
monuments, paths or walks, walls, or low fencing.
D. Open space intended for active recreational use must be suitable for such use without
posing interference with adjacent dwelling units, parking, driveways, and roads.
E. Open space shall be undivided by streets or alleys, except where necessary for proper
traffic circulation.
Open space must be free of all structures, and buildings except for structures directly
related to the purpose of the open space provided, such as swimming pools, clubhouses,
gazebos, picnic shelters, band shelters, decks and bridges. However, the Commission may
grant approval of structures and improvements required for storm drainage, sewage
treatment and water supply within open space, provided that such facilities would not be
detrimental to the nsability of open space.
There shall be submitted an Open Space Conservation Plan as part of the Primary Plat
application. The Open Space Conservation Plan shall address the intended use of project
open space, and shah comply with the Commission Open Space Conservation Plan
Guidelines (Exhibit B).
7.5
OPEN SPACE PRIORITY AREAS. Open Space Priority Areas shall be protected to the
extent indicated below, and may be utilized as project open space:
A. Public Well-head Protection Areas representing a 200-foot radius control area around the
well-head, shall be protected in their entirety.
1. The complete sealing of all lakes, ponds, or other water impoundment of any kind
located within the one-year time of travel for any existing public well-head. No lakes,
ponds or other water impoundment of any kind shall be allowed within the 200-foot
radius of a public well-head.
2. The proposed subdivision of any tract shall be designed to cause thc least pmctieable
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 impervious surfaces.
B. All FEMA and IDNR 100 Year Floodway and Floodway Fringe Areas shall be preserved
in their entirety, however;
1. Alterations to floodway and floodway fringe areas may occur pursuant to a Letter of
Map Revision (LOMR) pursuant to the Federal Emergency Management Agency and
Commission approval;
2. Excavation, filling of earth or removal ofnativevegetationwithinl00yearfloodway
fringe areas shall be prohibited, except as may be required by the Hamilton County
Drainage Board, or Cannel Board of Public Works and Safety:
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Federal Jurisdictional Wetlands of V4 acre or greater shall 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
Department of Environmental Management and the Cornmission.
The White River Greenway. The Wt/lte River is this community's most significant natural
and cultural resource. An Open Space Priority Area in the form of a one hundred-foot
wide buffer strip, measured t~om the water's edge at norms/pool elevation (as verified by
the Ind'mna Department of Natural Resoumes) along the Clay Township side, shall be
established adjacent to the White River. This buffer strip serves to help maintain or
improve water and habitat quality along the River's length through Clay Township.
WoOdlands. Woodland areas that occur throughout Carreel/Clay, 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 Wood/ands, and
Scrub Woodlands on any tract proposed for subdivision shall be evaluated by the
applicant and the Commission to determine the extent to which they shall be designated,
partly or entirely, as Open Space as determined below. Evaluation criteria and protection
for wood/ands are found in Section 7.7:
I. No more than 15% offands occupied, as of December I, 1998, by Matore
Woodlands shall be cleared.
2. No more than 30% of lands occupied, as of December 1, 1998, by Young
Woodlands shall be cleared.
3. No more than 50% of lands occupied, as of December 1, 1998, by Scrub
Woodlands shall be cleared.
Special Opvortunitv Corridors are linear, unbuildable areas subject to restrictions by major
pipeline companies or public utilities. These corridors extend for long d/stances through
Carreel/Clay, and provide a tremendous opportunity for low-impaet improvements such as
multi-purpose trails and landscaping. All Pipeline easements, and high voltage electrical
transmission lines within easements and delineated as Special Oppommity Corridors on
the Alternative Transportation Plan of the Cannel/Clay Comprehensive Plan shall be set-
aside, and integrated into the overall subdivision design as project open space. As an Open
Space Priority Area, the development of a linear Wail system shall be a requirement for all
new subdivisions direetly impacted/encumbered by Special Opportunity Corridors,
Historic Structures and Sites shall be preserved as provided below. Many of the
community's historic structures 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 structures and sites in CarmeI/Clay Township.
i. Plans requiring subdivision approval shall be designed to protect existing historic
smmmres 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 detrimental impact upon
a historic resource, the developer shall mitigate that impact to the satisfaction of the
Commission by modifying the design, relocafmg proposed lot lines, providing
landscape buffers, or other approved means.
7.6
STANDARDS FOR NATURAL OPEN SPACE. The following represent minimum
standards to reduce adverse impacts on Natural Open Space.
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Natural Open Space consists of any Open Space Priority Area (Section 7.5). Natural
Open Space Areas are generally the preferred form of project open space, oppommities
for Natural Open Space should be exhausted prior to implementation of other open
space types.
Natural Open Space areas may be altered, but only to the extent indicated in the Open
Space Conservation Plan. Such alterations shall occur in accordance with the below
standards, and consistent with the approved Open Space Conservation Plan.
Unless otherwise approved by the Commission, each Natural Open Space area must:
1. Be a minimum area of one-half acre;
2. Have aimnimum width of seventy-five (75) feet, and
3. Have at least two (2) points of access
7.7
WOODLAND EVALUATION. The evaluation of the tract's woodlands shall be undertaken
by an arborist, landscape architect, horticulturist or another qualified professional, acceptable
to the Director. This evaluation shall be submitted as a written report, included with and
supplemental to the Open Space Conservation Plan.
A. Evaluation of Trees. The goal of woodland preservation is to ensure trees remain assets to
the site for years to come. Single trees and woodlands that are prcserved within Projeet
Open Space, therefore, must meet the following minimum standards:
1. A life expectancy of greater than 10 years.
2. The tree must be in good or better condition.
3. A relatively sound and solid trunk with no extensive decay.
4. No more than one maj or dead limb or several minor dead limbs.
5. No major insect or pathological problem.
B. Woodland Protection Practices. Protecting the root zone is the most critical factor in
tree preservation throughout the development process. Disturbance within this area
directly affects tree survival. To protect root zones, the following standards apply:
1. When earthwork, grading, or construction activities are planned adjacent to
Woodland open space, a limit of disturbance line shall be shown on the
construction plans and the area(s) prometed through installation of temporary
fencing or other measures approved by the Commission. Such fencing (or other
approved measures) shall be installed and identified through signage as a "Tree
Preservation Zone" prior to commencing land disturbance, and remain throughout
the period of construction.
2. The root zone of trees and woodlands shall include no less than the total area
beneath the tree(s) canopy as defined by the farthest canopy of the tree(s) plus a 5-
foot wide protective buffer.
3. Construction site activities such as parking, material storage, bury pits, concrete
washout, etc., shall not be allowed within Woodland open space.
4. Grade changes adjacent to tree preservation zones shall not result in alteration to
soil or drainage conditions that would adversely affect existing vegetation.
Woodlands must be evaluated for flood tolerance, and stormwater routed around
those areas deemed intolerant of an increase of additional flow from urbanization.
5. Disturbed areas adjacent to tree preservation zones shall be mulebed to provide
additional protection to tree roots.
6. When digging trenches for utility lines or similar uses, disturbances to the mot
zones of woodland open space shall be protf~bited. Underground tunneling or
directional boring of utilities is required to protect woodland root zones.
7. Woodland clearing shall not be permitted prior to Secondary Plat approval.
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8. The determination of sight distance clearances along madways shall be made
graphically, not by clearing woodlands on-site prior to Secondary Plat approval.
C. Afforestation and Keforestation. The replacement of trees in the Natural Open Space or
tree preservation areas shall be determined on the Open Space Conservation Plan pursuant
to the following:
1. The base planting unit for Afforestation wittfm or adjacent to Natural Open Space
shall be for each five hundred (500) square feet and include:
a. one (1) shade tree
b. four (4) whips
c. twelve (12) inch seedlings spaced on three (3) foot centers.
2. Where specimen trees, stands of trees or woodlands within Natural Open Space or
designated tree preservation zones have been irreparably damaged or illegally
removed, a reforestation area shall be set aside, double in size of the damaged or
cleared area, to be planted pursuant to the above standards for Afforestation.
3. A landscape buffer of native trees and shrubs is required adjacent to Woodland
open space areas that have been opened up due to land clearing activity. Planfrog
shall occur per Exhibit C, Perimeter Buffering.
4. Tree species selected for replacement must be quality specimens and must be
native to Northcentral Indiana. Standards for transplanting can be found in the
Carreel Tree Installation Specifications Manual. A site specific tree list will be
provided to the City Arborist.
7.8
STANDARDS FOR AGRICULTURAL OPEN SPACE. Agricultural Open Space shall be
devoted to agricultural uses, including pastureland, or the raising of crops, and may include
residences or facilities that are specifically needed to support an active, viable agricultural
operation. Specifically excluded are commercial livestock operations involving swine, poultry,
mink, and other arf~mals likely to produce offensive odors.
A. The minimum land area for Agricultural Open Space shall be five (5) acres.
B. Pastureland is land reserved for horses that are solely for recreational purposes.
C. Agricultural Open Space may not consume more than one half (50%) of the SOSR.
7.9
STANDARDS FOR DESIGNED OPEN SPACE. Designed Open Space shall assume any
one or more of the following forms; however, the Commission may consider and approve
other forms not described in this section, pursuant to the criteria in 7.9.J:
A. Squares. Squares are areas designed as neighborhood focal points and/or minor
destination points for sitting or strolling and located at the intersection of neighborhood
streets.
1. Squares shall be no greater than 10,000 square feet, with a minimum width of 75'.
2. SU'eets shall bound squares on at least two sides.
3. Squares shall be improved with a combination of paved areas and landscaped areas,
and should be furnished with benches, lighting, and other site details such as perennial
gardens, shrub borders, bird baths, and fountains.
B. Parks. Parks are open space areas designed specifically for, and equipped for, the play of
small children.
1. Parks shall have a minimum area of 10,000 square feet, with a minxmum average
width of 90'.
2. One point of access is required for each 25,000 square feet, up to a maximum of three
points of access.
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3. Park areas should be fenced and may include an open shelter.
4. Parks should be interspersed within neighborhoods, a short walking distance from
dwellings.
Greens. Crreens are medinm sized open space areas that are designed for unstructured
recreational use.
1. Greens shall be no less than 40,000 square feet in area, with a minimum average width
of 150'.
2. Greens shall be bound on three sides by streets or house facades.
D. Boulevards. Boulevards are linear open spaces located within a public or private street
and consist of:
1. a linear street median, at least ten (10) feet wide;
2. tree lawns along each side of the sUeet, at least ten (10) feet wide, and planted in a
formal manner with street trees located on consistent spat'rag;
3. parallel multi-purpose pathways along each side, or, a multi-purpose pathway
along one side, and a sidewalk along the other. The minimum width for multi-
purpose paths shall be 10 feet.
Greenbelts. Greenbelts are located along the perimeter of a neighborhood and adjacent to
arterial streets or parkways. Greenbelts may be left natoral or developed to provide for
recreation opportunities. Minimum width 100'.
F. Trails. When a subdivision is traversed by or abuts a proposed or existing
dedicated trail or a Special Opportunity Corridor, the applicant shall provide for
its development and continuation, consistent with the maps and policies of the
Comprehensive Plan and its Alternative Transportation System map, and per the
construction and design specifications of the City of CarmeI;
1. If located outside of the street right-of-way, and upon private ground, the trail shall
be placed within a conservation easement, a minimum of thirty (30) feet in width.
The language of the conservation easement shall be to the satisfaction of the
Commission upon recomraendation of the Commission attorney.
2. No trail shall be designed with the intent to accommodate motorized vehicles.
Paths. Paths shall generally be located within the undivided (common) Open Space lands.
In situations where paths must cross portions of house lots or conservancy lots, a
permanent conservation and common access easement shall protect them.
1. The minimum width for the easement shall be fifteen (15), and shall have a length
to width ratio of 10:1.
2. Paths shall be paved with an all weather surfaee,(e.g. compacted stone, or
hardwood mulch, or asphalt) not less than four (4) inches in depth, upon a
compacted subgrade, and a minimum of five (5) feet in width.
H. GoffCourses. Golf Courses, excluding associated driving ranges or miniature golf
facilities, may comprise up to half(50%) of the SOSR. However, lands devoted to parking
areas, clubhouses, and any other Assessory structures shall not count toward the SOSR.
Ponds. Stormwater management ponds that are designed, landscaped, and available for
use as an integral part of a subdivision's open space network may be counted toward a
portion of the SOSR, based on a percentage equal to that portion of a pond's perimeter
which is not bounded by lots (e.g. 30% bounded by lots, 70% open space).
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The Cornmission may approve other forms of Design Open Space if a proposed open
space meets the following criteria:
1. It is designed as a neighborhood focal point.
2. It is designed for people, and with one or more specialized functions, such as a
sifting or gathering place; tot lot or playground; an area for court games, or a toque
or croquet field.
3. It meets the general description of Designed Open Space found in Section 7.3 .D.
4. It meets the General Standards for Open Space, Section 7.4
7.10
STANDARDS FOR CONSERVANCY LOTS. Consetvaney Lots may be used where
applicants opt to develop portions of their property at very low densities and offer to place a
restrictive conservation easement preventing future subdivision of the newly created parcels.
A. Conservancy Lots shall be a m~imum of five (5) acres,
Minimum from yards for Conservaney Lots:
1. Primary Structures: 200 feet from right-of-way
2. Accessory Structures: 225 feet from fight-of-way
C. Up to 50% of each Conservancy Lot may contribute to the OSP
D. Conservancy Lots may contribute up to 50% of the overall 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.
The Commission shall review all proposed casements 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 methods below may be used, either individually or in
combination, to own common facilities; however, project open space which is contiguous to
an existing public park oftrail (linear park) or contiguous to an area identified as a park (or
trail) on the Park Master Plan shall be initially offered for dedication te, or purchase by, the
Carreel Clay Township Board of Parks and Recreation.
Open space shall not be transferred to another entity except for transfer to another method
of ownership permitted 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 shall not be
required to, purchase or accept the dedication of any portion of the common facilities.
2. Condominium Association. Common facilities may be controlled through the use of
condominium 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. hi addition, the following regulations shall be met:
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a. The applicant shall provide the Commission a description of the organization of the
proposed association, including its by-laws, and all documents govenfmg
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 ofcommon
facilities.
e. The by-laws shall confer legal authority on the association to place a lien on the mat
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. Written 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 staff to administer, maintain, and operate such
common facilities.
Private Conservation Organization. With permission of the Commission, an owner may
transfer either fee simple title of the open space or casements 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 retransfer
in the event that the organization becomes unwilling or unable to continue carrying
out its functions.
c. The open space is permanently restricted from future development through a
conservation easement and the Director is given the ability to enforce these
restrictions; and
d. A maintenance agreement acceptable to the Comnflssion is established between the
owner and the organization.
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 condommium
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.
b. A satisfactory maintenance agreement shall be reached between the owner and the
Park Board.
Non-Common Private Ownership (Conservancy Lots). Up to fifty (50) percent of the
SOSR may be included within one or more large "conservancy lots" of at least three (3)
acres, provided:
a. A maximum of 75% of each lot area may be applied to the SOSR;
b. the open space is permanently restricted from future development;
c. 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, condomimum assodiation, homeowners'
association, or a conservation organization.
7.14 MODIFICATIONS
A. The Commission may, afiera public hearing, permitthe modification ofthe provisions of
this Chapter. However, in terms of modifying any dimensional requirement (lot area, width,
setbacks, etc.), such moc~fication may not be greater than thirty-five (35) percent.
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Any approval to permit such a modification shall be subject to the following criteria:
1. The proposal shall be in harmony with the purposes and the land-use standards
contained in this Chapter;
2. The proposal 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
created in conformante with this Chapter;
3. The proposal 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.
If the Comrrftssion 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 will, in its judgment, secure the objectives and purposes of
this Chapter.
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EXHIBIT A
OPEN SPACE SCHEDULE
SUBDMSION NAME:
I. SITE ACREAGE
2. ZONE DISTRICT
3. MINIMUM OPEN SPACE REQUIREMENT (SOSR)
4. OPEN SPACE PROVIDED (OSP)
5. PRIMARY CONSERVATION AREAS
[] Well-head Protection Area
[] FEMA/IDNI~ 100 year Hood Fringe
[] White River Corridor
[3 Steep slopes (10%)
[] Mature Woodland
[] Special Opportunity Corridor (identify)
[] Other
6. NATURAL OPEN SPACE PROVIDED
7. AGRICULTLrRAL OPEN SPACE
8. DESIGNED OPEN SPACE
[3 Square [] Parks
[] Boulevard [3 Greenbelt
[] Trails [] Golf Courses
[] Other
acres
acres
[] FEMA/IDNR 100 year Hoodway
[] Weftands (>1/4 ac.)
[] Scrub Woodland
[] Young Woodland
Historic Structures/Sites
/ acres
/ acres
/ acres
[] Green
[] Paths
[] Pond (see below)
9, CONSERVANCY LOTS no. lots
10. PONDS total measured perimeter (in linear feet) ~_l.f.
total measured accessible perimeter (not bounded)
acres
1.f. %
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EXItlBIT B
OPEN SPACE CONSERVATION PLAN
PREPARATION GUIDELINES
A. The Open Space Conservation Plan shall be submitted as a map and written report, and made a part of
the Primary Plat application.
The Open Space Conservation Map shall be a 24x 36 inch plan, and include the following:
a. Title block, north arrow and scale;
b. name ofprojectand dateofpreparation;nameofpreparer, contact information;
c. project boundary, including all adjoining parcels within 600';
d. existing roads, buildings, utilities and natural features;
e. delineation of all Open Space Priority Areas (Section 7.5);
f. delineation of woodiand classification areas (Section 7.5.E) including edges and sampling
points;
g. proposed roads, lots, stormwater management facilities, community buildings and utilities;
h. proposed project open space and common areas;
i. written project construction sequence summary.
2. The Map shall also identify and describe the construction techniques and conservation practices
that will protect open space areas during construction of the project.
B. The Open Space Conservation Report shall be bound, 8.5 x 11 inch format, addressing the following
areas:
1. General Project Information
a. The name of project and date of preparation;
b. The name of prcparcr, contact information;
c. A completed Open Space Schedule form;
d. A site context plan (11" x 17"), scale and north arrow and title block, and showing thc site
boundary, existing roads, proposed mad and lot layout, stormwater management facilities,
location of Open Space Priority Areas, location of project open space.
Open Space
a. Awritten, itemized description ofall Open Space Priority Conservafion Areas,
b. Written descriptions of other proposed project open spaces;
c. Written and photographic description of the composition and conditions and review of
woodland evaluation criteria;
d. Writtenandgraphicdescriptionofafforestationand/orreforestationplans.
Maintenance and Operation Plan
An estimate of staffing needs;
Insurance requirements;
Define the means for funding the operation and maintenance costs of the project open space
and 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;
d. Plans for regular and periodic operation and maintenance responsibilities for the various
categories and types of open space;
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Perimeter Buffering
Perimeter buffering shall be located along the side and rear lot lines of a lot/parcel and shall extend
the entire length of the side and rear lot lines.
Where residential or other buildings back onto a public thoroughfare, bufferyard plantings be
provided per paragraph shall occur outside of the public right-of-way.
Perimeter buffering shall not be located within any portion of a dedicated public street right-of-
way, private street right-of-way, or County legal drain easement.
Existing vegetation may be used to achieve project buffering if: (i) the vegetation located upon
the subject parcel is of a quality and state of health to achieve buffering, and, (ii) the vegetation is
proposed to be preserved using accepted best management practices for tree protect/on during
construction.
BUFFERYARD DETERMINATION. To determine the applicable bufferyard requirements:
(1) Use the TABLE FOR BUFFERYARD DETERMINATION to identify the land use category of
the proposed project use.
(2) Use the TABLE FOR BUFFERYARD DETERMINATION to identify the land use(s) of the
adjoining property (s), or identify the street classification adjoining the proposed use by
referring to the Official Thoroughfare Plan of Cannel Clay Township.
(3) Determine the bufferyard(s) required on each boundmy (or segment thereof) of the subject
parcel by referring to the TABLE FOR BUFFERYARD DETERMINATON.
TABLE FOR BUFFERYARD DETERMINATION
SINGLE FAMILY B C C D D D D D C D D D
DUPLEX C A C B B C C D ~ D D D
MULTI~AMILY C C B B B C C D C D D D
ACTIVE D e B A C C C C B D D D
IN5TI~TIONAL; D B B C A A C C B D D D
OFFICE; R~AIL D C C C A A C D B D D D
WAREHOUSE; D C C C C C A B B D D D
HVY. INDUSTRY D D D C C D B B B D D D
F. Bufferyard Design Standards in the table below are stated in terms of minimum width and number
of plants required per one hundred (100) linear foot increment.
BUFFERYARD MINIMUM YARD WIDTH SHADE TREES ORNAMENTAL TREES
SIDE REAR
A 5' 10' 3 2
B 5' 10' 3 3
C 10' 20' 3 4
D 15' 25' 5 5
*Evergreen lxees may substitute in lieu of shrubbery, on a 1:3 basis (1 conifer equals three sltrubs)
SHRUBS*
9
15
21
27
49
N.L. Rundle, President, Common Council
Robert Battreall
ATTEST: '-
Diana L. Cordray%
Presented by me to the Mayor of the City of Cannel, Indiana, this
2000, at
Diana L. Cordray, Clerk-Treas~
ATTEST:
Diana L. Cordray, Cle~
2000,
50
City of Carrnel
September 25, 2000
TO: Carreel City Council
FROM: Mike Hollibaugh
RE: Open Space Ordinance (oh. 7.0)
On September 21, the Plan Commission acted upon your suggested modifications to Chapter 7.0
of the Subdivision Control Ordinance (Open Space).
The Commission voted favorably on all your suggestions, except one, that being the Density
Incentive bonus factor of 2%, which is being returned to you at a proposed compromise factor of
1.5%.
Their vote was certified by the Clerk Treasurer' s office within the 45-day time limit they are
given by State statute.
The attached document shows the amended sections of Chapter 7.0 as:
· Council changes, in italicized text,
· Plan Commission compromise amendment in bold, underlined text.
Also attached you will find support information that illustrates how proposed changes in the
Density Incentive bonus factor affect the potential gross density in the three S-1 residential zones,
and the R~i residential zone.
If you have any questions or need further clarification on the Commission action or proposed
compromise amendment, please feel free to call me at 57 1 2424.
Thank you.
7.2
SUBDIVISION--DENSITY INCENTIVE. The gross base density (units/acre) of a
subdivision may be increased above the permitted base density, set forth in Section 7.1, by the
application of a factor of~ 1.5 of the base density for each increase of I% in the percentage
of the site acreage that is devoted to open space.
Expressed mathematically: PD = BD x ( 1 + ,! 1.5 (OSP - SOSR))
Where:
I'D = Permitted Density;
BD = Base Density for the residence district;
OSP = Open Space percentage in the submitted plat;
SOSR = Standard Open Space Requirement percentage
7.9
STANDARDS FOR DESIGNED OPEN SPACE. Designed Open Space shall assume any
one or more of the following forms; however, the Commission may consider and approve
other forms not described in this section, pursuant to the criteria in 7. 9.J
T_rails. When a subcYxvision is traversed by or abuts a proposed or existing dedicated
tr/d or a Special Opportunity Corridor, the applicant shall provide for its development
and continuation, consistent with the maps and policies of Comprehensive Plan and its
Alternative Transportation System Map, and per the construction and design
specifications of the City of Cannel;
1. If located outside of the street right-of-way, and upon private ground, the trail
shah be placed within a conservation easement, a minimum of thirty (30) feet in
width. The language of the conservation easement shall be to the satisfaction of
the Commission upon recommendation of the Commission attorney.
2. No trail shall be designed with the intent to accommodate motorized vehicles.
Paths. Paths shall generally be located within the undivided (common) Open Space
lands. In situations where paths must cross portions of house lots or conservancy lots,
a permanent conservation and common access easement shall protect them.
1. The minimum width for the easement shall be fifteen (15) feet, and shall have a
length to width ratio of 10: 1.
2. Paths shall be paved with an all weather surface, (e.g. compacted stone, or
hardwood mulch, or asphalt) not less than four (4) inches in depth, upon a
compacted subgrade, and a minimum of five (5) feet in width.
The Commission may approve other forms of Designed Open Space if the
proposed open space meets the following criteria:
I. It is designed as a neighborhood focal point.
2. It is designed for people, and with one or more specialized functions, such as a
sitting or gathering place,' a tot lot or playground,' an area for court games, or a
roque or croquet field.
3. It meets the general description of Designed Open Space found in Section 7.3.D.
4. It meets the General Standards for Open Space, in Section 7.4
CERTIFICATION OF CARMEL/CLAY
PLAN COMMISSION'S RECOMMENDTION
ON PETITION TO AMEND CHAPTER 7
OF THE CARMEL/CLAY SUBDMSION
CONTROL ORDINANCE (ROSO)
FOR THE CITY OF CARMEL AND
CLAY TOWNSHIP
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-346, as amended
To:
The Honorable Common Council
of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel/Clay Plan Commission offers you the following recommendation on the Plan
Commission and Department of Community Services' application for an Ordinance
Amendment. The proposed Amendment incorporates recommended changes offered by
the Cky Council, and with the exception of the Density Bonus, agrees with the
recommendations of the Council. A copy of the Ordinance Amendment is attached.
The Carmel/Clay Plan Commission's recommendation on the petition is FAVORABLE,
At its regularly scheduled meeting of September 19, 2000, reconvened on September 21,
2000, the Carreel/Clay Plan Commission approved the requested Amendment to the
Zoning Ordinance by a vote of 9 in favor 3 opposed (Marilyn Anderson, Leo Dierckman,
and Madeline Fitzgerald.)
a Hancock, Secretary
DATED: September 21, 2000
David A Cr
· . emeans, President
RECEWED
: CARMELCLERK
R
..... TREASU ER
om
NOTICE TO TAXPAYERS
CARMEt, INDIANA
NOTICE OF PUBLIC HEARING
TO AMEND CHAPTER 7:
OPEN SPACE STANDARDS
FOR MAJOR SUBDIVISIONS
OF THE CARMEa. jCLAY
SUBDIVISION CONTROL
ORDINANCE CITY OF CARMEL
AND CLAY TOWNSHIP
PURSUANT TO
iNDIANA CODE 36-74-605
ORDINANCE NO. Z-346
Notice is hereby given to the
~axpayers of the City of Camhal,
Hamiltoll County, Indiana· that the
ffi
proper legaI o icers Of the City of
Cannel will meet at their regular
meeting piece, Cannel Ci Ha~l,
One Civic Square, ~/ouncil
Cham0ers. at 7:C0 p.m on the 19
day of June, 2000 to consider the
Ordinance Amendment to
amend Chapter 7 of the Open
S~Dace Standards for Major
Subdivisions of the Cannel/Clay
Subdivision Control Ordinance,
'
PUBLIC NOTICES
meeting sha~l have the right to be utes ~.4 seconds West 301.99 feet
NOTICE OF PUaUC HEARING
BEFORE THE CARMEL
BOARD OF ZONING APPEALS
Rocket NOS. SU-53-00,
SU-54-00 and SU*55-OO
Notice is hereby given that the
Carrnel Board of Zoning Appeals
("Board"). meeting on the g6th day
of June, 2000, at 7:00 o'c ock p.m.
in the Council Chambers, Second
Roor. City Ha~l. One Civic Sduare,
Carreel. Indiana 46032. will hold a
Public Hearing upon an
Applications fe~ Special Use
Permits identified as Docket NOS.
SU-53-00, SUo,54-00 and SU-55*
Go. The APplications for the Special
vice dealerships on the reaj estate
described heroin,
The Real Estate is zoned B*3
under the Zoning Ordinance of the
City of Carreel, Indiana.
The Real Estate is generally
located north of 96th Street, west of
Gray Road and east of Randall
Read and is legally described on
Exhibit "A" (Lot 1), Exhib~ 'B" (Lot
2) and Exhibt "C" (Lot 3), attached
feet; thence Norlh 00 degrees 01
m~nutes 16 seconds East 672.67
feet; thence North 06 degrees 21
minutes 08 seconds East 32.53
feet; thence South 89 degrees 58
minutes 44 seconds East 368.31
feet to a non-tangent curve to the
le6 having a radius of 78.00 feet,
Lhe radius point ol which bars
South 69 degrees 58 minutes 44
seconds East; thence
Southeasterly along said cu~,e
101.98 feet to a point of compound
curve having a radius of 368.00
feet, the radius point of Which beam
North 15 degrees 06 rni~lutes 41
seconds East; thence Easterly
along said curve 38·47 feet to a
point of reverse Curve having a
radius of 39.00 feet, the radius
point of which bears South 09
degrees 07 minutes ~8 seconds
West; thence Southerly along said
curve 55.16 reel to a point which
hears South 89 degrees 81 min-
utes 40 seconds East from said
radius point; thence South 00
degrees 0E minutes 20 seconds
West 450+49 feet to a tangent curve
to the le6 having a radi~s of 175.00
feet, the radius point of which bears
South 89 degrees 51 minutes 40
seconds East; thence
Southeasterly along said curve
48+74 feet to a point which beam