HomeMy WebLinkAboutZ-296 Residential Open Space ONDXN CE Z-
AN ORDIN~NCE TO AMEND THE ZONING ORDINANCE
OF THE CITY OF C/~MEL, Z-289
AS AMENDED BY INCLUSION OF SECTION 33.0
ENTITLED RESIDENTIAL OPEN SPACE ORDINAMCE
AM ORDINAMCE OF THE cOMMON COUNCIL OF THE
CITY OF C~RMEL, INDIANA, AMENDING CHAPTER 10,
~RTICLE 1, BY THE INCLUSION OF CHAPTER 10, SECTION 4,
ENTITLED RESIDENTIAL OPEN SPACE ORDINAMCE
WHEREAS, the Carmel/Clay Plan Commission established a
Comprehensive Plan as required by statute; and
WHEREAS, pursuant to I.C. 36-7-4-601, in order to secure
adequate lighting, air, convenlenc of access, and safety
from fire, flood, and other damage; lessen avoid congestion
in public way; promote the public health, safety, comfort,
morals, convenience and general welfare; and
WHEREAS, the Carmel/Clay Plan Commission has determined that
it be in the best interest of the Zoning ordinance to adopt a
Residential Open Space Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF CAPa~EL, INDIANA, that it approves the Residential
Open Space Ordinance as an amendment to the Carmel/Clay
Zoning Ordinance Z-289, as amended, and adds Section 33,
entitled Residential Open Space, to the Carmel Clay Zoning
Ordinance in the following particulars:
33.0 Title.
This zoning ordinance shall be referred to and known as the
Residential Open Space Ordinance for Carmel/Clay Township,
Hamilton County, Indiana.
33.1 Purpose..
The purpose of this Resldentla Open Space ordinance is to
provide for the development of certain areas within
Carmel/Clay Township which have special or unusual
development problems or needs for compatibility by providing
' e
an alternatlv development process which: allows for a
greater degree of flexibility in the design and development
of single-family and two-family subdivision ; encourages
innovative residential environments; provides for more
efficient use of land including the reduction of land area
disturbed for utility lines and motor vehicles access;
protects topographical features; and, encourages the set-
aside of common area and open space for the use and enjoyment
of the residents of the overall subdivision.
33.2 Applicability.
This Residential Open Space Ordinance is available for use on
any real estate zoned to the S-i, S-2, R-i, R-2, R-3 or R-4
zoning districts; provided, however, it shall only be
applicable to the development of single-family or two-family
subdivisions. The application and use of this Residential
Open Space Ordinance to any real estate shall require the
prior approval of the Carmel/Clay Plan Commission may be
obtained by filing a petition for Residential Open Space
Development Plan Approval for the overall subdivision that
complies with the requirements of this Residential Open Space
Ordinance.
33.3 Minimum Requirements.
33.3.01 Project Area (Minimum Size of Overall.Subdivision).
The minimum acreage for any overall subdivision to be
developed pursuant to this Residential Open Space Ordinance
shall be five (5) acres.
33.3.02 Project Density.
The overall maximum number of lots within an overall
subdivision to be developed pursuant to this Residential Open
Space Ordinance shall remain the same as that permitted by
developing the same real estate into developable lots in full
compliance with all zoning, health, flood control and
subdivision laws, ordinances and regulations applicable to
such real estate.
33.3.03 Water and Sewer Availability.
Attachment to public or semipublic water and sanitary sewer
facilities shall be mandatory for any overall subdivision to
be developed pursuant to this Residential Open Space
Ordinance.
33.3.04 Public Streets/Individual Lot Access.
Each Lot within an overall subdivision developed pursuant to
this Residential Open Space Ordinance shall be served by:
a. public streets; or,
b. a combination of public streets and private drives,
where each such private drive:
(1) provides access to no more than ten (10) lots:
(2) is designed and built to city or County standards,
as applicable, for depth and materials; and
(3) is approved by the Plan Commission as a variance of
the Subdivision Regulations.
2
33.4 Development Standards Alternatives.
To accomplish the purpose of this Residential Open Space
Ordinance, the Carmel / Clay Plan Commission may approve a
Development Plan which complies with the alternative
development standards set forth in this Section 33.4 and all
other standards of the applicable zoning district. All
standards of the Carmel / Clay Zoning Ordinance for which an
alternative is not provided for in this Section 33.4 shall
be applicable to a subdivision section developed pursuant to
this Residential Open Space Ordinance and shall be complied
with unless a variance thereof is granted by the Carmel /
Clay Board of Zoning Appeals. All standards of the
Subdivision Regulations of Carmel / Clay Township applicable
to a subdivision section developed pursuant to this
Residential Open Space Ordinance shall be complied with
unless a variance thereof is granted by the Carmel / Clay
Plan Commission.
Individual lots within an overall subdivision that receives
Development Plan Approval from the Carmel / Clay Plan
Commission to be developed pursuant to this Residential Open
Space Ordinance shall be exempted from the following
development standards of the Carmel / Clay Zoning Ordinance
to the extent permitted below:
33.4.01 Minimum lot size, except as provided below -
The minimum lot size requirements shall remain
applicable to all lots which abut the perimeter of a
subdivision section. However, the Carmel / Clay Plan
Commission may approve a reduction in the minimum lot
size for such perimeter lots where:
a. the real estate adjoining the perimeter of the
subdivision section is also subject to the same
petition for Development Plan Approval of the
overall subdivision;
Co
the real estate adjoining the perimeter of the
subdivision section has previously received
Development Plan Approval pursuant to this
Residential Open Space Ordinance or under former
zoning ordinance Z-201;
the real estate adjoining the perimeter of the
subdivision section is zoned to any business,
industrial or manufacturing zoning district;
33.4.02
the real estate adjoining the perimeter of the
subdivision section is zoned to a district which
permits the development of single-family or two-
family subdivisions with a lesser minimum lot size
than the underlying zoning of the subject
subdivision section, in which case the lots which
abut the perimeter shall comply with the minimum
lot size requirement of the adjoining zoning
district; or,
provision is made for a landscape and buffering
area of not less than fifty (50) feet in
dimension, or seventy-five (75) feet in dimension
if such landscape or buffering area contains a
street right-of-way, with landscaping and
buffering details approved by the Carmel / Clay
Plan Commission in connection with the approval of
a development plan pursuant to this Residential
Open Space Ordinance.
Minimum lot width, except as provided below -
The minimum lot width requirements shall remain
applicable to all lots which abut the perimeter of a
subdivision section. However, the Carmel / Clay Plan
Commission may approve a reduction in the minimum lot
width for such perimeter lots where:
so
the real estate adjoining the perimeter of the
subdivision section is also subject to the same
petition for Development Plan Approval of the
overall subdivision;
the real estate adjoining the perimeter of the
subdivision section has previously received
Development Plan Approval pursuant to this
Residential Open Space Ordinance or under former
zoning ordinance Z-201;
the real estate adjoining the perimeter of the
subdivision section is zoned to any business,
industrial or manufacturing zoning district;
do
the real estate adjoining the perimeter of the
subdivision section is zoned to a district which
permits the development of single-family or two-
family subdivisions with a lesser minimum lot
width than the underlying zoning of the subject
subdivision section, in which case the lots which
abut the perimeter shall comply with the minimum
lot width requirement of the adjoining zoning
district; or,
33.4.03
33.4.04
33.4.05
33.4.06
e. provision is made for a landscape and buffering
area of not less than fifty (50) feet in
dimension, or seventy-five (75) feet in dimension
if such landscape or buffering area contains a
street right-of-way, with landscaping and
buffering details approved by the Carmel / Clay
Plan Commission in connection with the approval of
a development plan pursuant to this Residential
Open Space Ordinance.
Minimum front yard, except as provided below -
The minimum front yard requirements may be reduced to
twenty-two (22) feet for any portion of a structure
with a front loading garage or fifteen (15) feet for
any portion of a structure containing living area or a
side-loaded garage;
Maximum Lot Coverage, except as provided below -
The maximum lot coverage may not exceed fifty (50)
percent;
The minimum side yard and aggregate side yard
requirements may be reduced in compliance with the
following:
Aggregate Minimum
Side Yard Side Yard
District.
S-1 20' 10'
S-2 15' 5'
R-1 10' 0'
R-2 10' 0'
R-3 10' 0'
R-4 10' 0'
Provided, however, where a minimum side yard of less
than five (5) feet is approved, a procedure shall be
provided, recorded and maintained as part of the plat
for the continual maintenance of that portion of any
structure that is located within five (5) feet of the
side yard.
The minimum rear yard requirements of the applicable
zoning district shall remain applicable to all lots.
33.5
33.5
Project Open Space.
The open space created by the development of an overall
subdivision pursuant to this Residential Open Space
Ordinance shall: 1) be preserved in its naturally occurring
state; 2) be developed only to the extent required to
provide for the passive recreational activities of walking,
biking, hiking, picnicking or other recreational activities
approved by the Carmel / Clay Plan Commission; or, 3) be
developed into an active recreational area. The development
of such open space shall be subject to the following
additional requirements:
.01
33.5.02
33.5.03
33.5.04
The amount of permanent open space created by the
development of an overall subdivision pursuant to this
Residential Open Space Ordinance shall be equivalent
to, or more than, the total reduction in area contained
within developable lots based upon a comparison of Site
Plan One and Site Plan Two as required by Section 33.7;
At least seventy-five (75) percent of the total open
space created by the development of the overall
subdivision pursuant to this Residential Open Space
Ordinance shall consist of tracts of land at least
fifty (50) feet wide in its smallest dimension;
The open space provided for in Section 33.5.02, above,
shall be accessible to the residents of the overall
subdivision and their guests by way of sidewalk,
footpath or combined walkway/bikeway; and,
At least fifty (50)~percent of the open space created
by the development of an overall subdivision pursuant
to this Residential Open Space Ordinance shall be
preserved in its natural state or utilized for passive
recreational activities.
33.6
Calculation of Open Space.
Open space shall be calculated by taking the total land area
within lots contained in Site Plan One (as defined in
Section 33.7.03) and subtracting the total land area within
lots contained in Site Plan Two (as defined in Section
33.7.03).
6
33.7
33.7.01
33.7.02
Procedure for Residential Open Space Ordinance
DeveloDment Plan Approval.
The procedure for filing for a Residential Open Space
Development Plan Approval shall be the same as that
required of any other petition for Development Plan
Approval before the Carmel / Clay Plan Commission,
except as otherwise provided for in this Section 33.7.
To facilitate the use of this Residential Open Space
Ordinance, a petitioner may file a companion petition
for primary plat approval in connection with the filing
of a petition for a Residential Open Space Development
Plan Approval. If a petitioner elects to file
companion petitions, such petitions shall be docketed
before the Carmel / Clay Plan Commission for a joint
hearing.
Filing of a Development Plan for Conceptual Design
Review by the Department of Community Development.
The petitioner shall submit a Development Plan
consisting of the two site plans for the property
proposed for development pursuant to this Residential
Open Space Ordinance for conceptual design review by
the Department of Community Development prior to filing
a petition for Residential Open Space Development Plan
Approval with the Carmel / Clay Plan Commission. Said
plans shall satisfy the requirements of
Section 33.7.03.
33.7.03
Required Development Plans.
a. Site Plan One.
Site Plan One shall be a sketch plan which depicts
the development of the overall subdivision in full
compliance with all use and development standards
of the underlying primary zoning classification
and all other applicable health, flood control and
subdivision laws, ordinances and regulations of
Carmel / Clay Township.
b. Site Plan Two.
Site Plan Two shall be a sketch plan which depicts
the development of the overall subdivision
pursuant to the Residential Open Space Ordinance
proposal.
7
Required Development Plans shall contain a
proposed breakdown of sections to be contained in
the overall subdivision.
Section One of such overall subdivision shall
include an amount of open space equivalent to, or
more than, the total reduction in lot area
contained within developable lots within that
Section One of the overall subdivision and shall
be the first section of the subdivision to be
developed.
Any subsequent section of the subdivision may
utilize the "excess" permanent open space created
and existing in the first section (and all prior
sections) of such subdivision to provide for lot
size reductions within that subsequent section
provided that the total amount of open space
remains equivalent to, or more than, the total
reduction in lot area contained within developable
lots within all approved sections of the
subdivision (including the section in question).
33.7.04
Conceptual Design Review of Development Plans by the
Department of Community Development.
so
The Department shall compare Site Plan Two with
Site Plan One while also taking into consideration
information regarding the terrain of the site and
any unique natural features of the site to
determine the appropriateness of the proposed open
space design for the site. In doing so, the
Department's review may include, but not be
limited to, the following:
~1) Protection of unique topographical features
on the site, including, but not limited to,
slopes, streams and natural water features;
(2) Protection and preservation of wooded areas,
individual trees of significant size,
wetlands, or other environmentally sensitive
features;
(3)
Development of common open space and
recreational areas (passive or active)
accessible to the residents of the overall
subdivision by way of sidewalks, footpaths or
combined walkways/bikeways;
8
(4)
Implementation of and providing for the
future development of Potential Greenways as
designated in the Carmel / Clay Comprehensive
Plan;
(5)
A more efficient use of the land including
the reduction of land area disturbed for
utility lines and motor vehicle access;
(6) Creation of innovative residential
environments;
(7)
Minimize the alteration of the natural site
features through the design and situation of
individual lots, streets and buildings;
(8) Diversity and originality in lot layout;
(9)
utilization of individual building designs
which achieve an enhanced relationship
between the development and the land; and,
(10) Relationship to surrounding properties.
Determination by the Department.
The Department shall notify the petitioner of any
comments related to the conceptual design of the
project submitted for Conceptual Design Review
pursuant to Section 33.7.02, above, within ten
(10) business days of the submittal for Conceptual
Design Review. The Department, at its discretion,
may schedule the Development Plan for review by
the Technical Advisory Committee at its next
available meeting. Petitioner may modify the
proposed conceptual design to comply with the
recommendations of the Department prior to the
filing for a petition for Residential Open Space
Development Plan Approval and primary plat
approval.
9
33.7.05
33.7.06
Review and Determination by the Carmel / Clay Plan
Commission.
A Development Plan submitted pursuant to this
Residential Open Space Ordinance shall be approved by
the Carmel / Clay Plan Commission upon the Carmel
Clay Plan Commission's determination that:
The development is located within an area of
Carmel / Clay Township which has special or
unusual development problems or needs for
compatibility;
The development is in compliance with the Minimum
Requirements of Section 33.3 of the Residential
Open Space Ordinance;
The development accomplishes the purpose of the
Residential Open Space Ordinance as set forth in
Section 33.1 and provides for the protection or
provision of one or more of the site features and
amenities outlined in Section 33.7.04; and,
The proposed development is consistent with the
character of the district and land uses authorized
therein.
Commitments Required by the Carmel
Commission.
Clay Plan
The Carmel / Clay Plan Commission may require or
permit the owner of a parcel of property to make
written commitments concerning the use or
development of the subject property in connection
with a petition for Residential Open Space
Development Plan Approval required by this
Residential Open Space Ordinance as a condition of
development.
10
The commitments shall be reduced to writing in
recordable form and signed by the owner(s) of the
real estate. The commitment(s) shall be in effect
for as long as the real estate to which they apply
remains zoned to the classification to which the
real estate was zoned when the commitments were
made or for the life of the Development Plan
Approval, whichever is longer. The commitment(s)
shall authorize their recording by the Department
of Community Development in the Office of the
Recorder of Hamilton County, Indiana upon the
final approval of the Development Plan by the
Carmel / Clay Plan Commission. Following the
recording of the commitments, the Department shall
return the original recorded commitments to
petitioner and shall retain a copy of the recorded
commitments in its file.
The Carmel / Clay Plan Commission may require in
such commitments the designation of any specially
affected persons, who shall be entitled to
enforcement thereof pursuant to I.C. 36-7-4-1015.
The commitments required by the Carmel / Clay Plan
Commission shall be in substantially the form set
forth in Exhibit "A" of this Residential Open
Space Ordinance.
Modification of Commitments by the Carmel / Clay
Plan Commission.
Commitments required or permitted by the Carmel /
Clay Plan Commission may be modified or terminated
by a decision of the Carmel / Clay Plan
Commission, or its successor, made at a public
hearing after proper notice has been given. Any
modification or termination of the commitments
shall not be effective until: (a) reduced to
writing; (b) approved by the Carmel / Clay Plan
Commission; (c) executed and notarized by the
present owner(s) of the real estate; and, (d)
recorded in the Office of the Recorder of Hamilton
County, Indiana.
The modification or termination of commitments
shall be in substantially the form set forth in
Exhibit "B" of this Residential Open Space
Ordinance.
11
33.8
Maintenance of Common Open Space..
Prior to obtaining secondary plat approval, the petitioner
shall file documentary assurances with the Department of
Community Development that the permanent dedication and
continuous maintenance of open space shall be made in
accordance with the Development Plan approved by the Carmel
/ Clay Plan Commission, and that the common areas and
recreation areas shall be made available to the residents of
the overall subdivision at a reasonable and
non-discriminatory rate of charge. Such documentary
assurances shall be incorporated into the plat that is
recorded in the Office of the Hamilton County Recorder or
otherwise provided for through legally binding perpetual
agreements as approved by the Carmel/Clay Plan Commission.
Such open space shall perpetually run with the subdivision
section and shall not be developed or separated from the
subdivision section at a later date (unless no development
of any portion of the overall subdivision which utilizes the
open space contained within that subdivision section for the
purpose of lot size reductions has occurred and the entire
area subject to the subdivision section is presented for
replat).
12
EXHIBIT "A"
NOTE: Section 33.7.06, a, of the Residential Open Space Ordinance for
Carmel / Clay Township, Hamilton County, Indiana, requires the
use of this form in recording commitments made with respect to
Development Plan Approvals in accordance with I.C. 36-7-4-613.
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN
CONNECTION WITH A DEVELOPMENT PLAN APPROVAL REQUIRED BY THE
RESIDENTIAL OPEN SPACE ORDINANCE
In accordance with I.C. 36-7-4-613, the owner of the real estate located in
Carmel / Clay Township, Hamilton County, Indiana, which is described below,
makes the following COMMITMENTS concerning the use and development of that
parcel of real estate:
Legal Description:
2.
3.
4.
Statement of COMMITMENTS:
These COMMITMENTS shall run with the land, be binding on the owner,
subsequent owners of the real estate and other persons acquiring an
interest therein. These COMMITMENTS may be modified or terminated by a
decision of the Carmel / Clay Plan Commission made at a public hearing
after proper notice has been given.
COMMITMENTS contained in this instrument shall be effective upon the
approval of petition # for a Development Plan Approval
pursuant to the Residential Open Space Ordinance, and shall continue in
effect for as long as the real estate remains zoned to the
classification, for the life of the Development Plan Approval, or until
modified or terminated by the Carmel / Clay Plan Commission.
These COMMITMENTS may be enforced jointly or severally by:
The Carmel / Clay Plan Commission;
Owners of all parcels of ground adjoining the real estate to a
depth of two (2) ownerships, but not exceeding six-hundred-sixty
(660) feet from the perimeter of the real estate, and all owners
of real estate within the area included in the petition who were
not petitioners for approval; and,
The undersigned hereby authorizes the Department of Community Development
of Carmel / Clay Township, Hamilton County, Indiana to record this
Commitment in the Office of the Recorder of Hamilton County, Indiana, upon
final approval of Development Plan Approval petition #.
of
IN WITNESS WHEREOF, owner has executed this instrument this
, 19~
day
Signature (Seal) Signature (Seal)
Printed Printed
Title Title
(Individual Acknowledgment)
STATE OF )
) SS:
COUNTY OF )
Before me, a Notary Public in and for said County and State,
personally appeared , owner(s) of the real
estate who acknowledged the execution of the foregoing instrument and who,
having been duly sworn, stated that any representations therein contained
are true.
Witness my hand and Notarial Seal this __ day of , 19
My Commission
expires:
Signature
Printed
County of Residence
(Organization Acknowledgment)
STATE OF )
) SS:
COUNTY OF )
Before me, a Notary Public in and for said County and State,
personally appeared , the of
, a(n) ,
owner(s) of the estate who acknowledged the execution of the foregoing
instrument and who, having been duly sworn, stated that any representations
therein contained are true.
Witness my hand and Notarial Seal this __ day of
, 19
My Commission expires:
Signature
Printed
County of Residence
This instrument was prepared by
3
NOTE:
EXHIBIT "B"
Section 33.7.06, a, of the Residential Open Space Ordinance for
Carmel / Clay Township, Hamilton County, Indiana, requires the
use of this form in recording commitment modification(s) or
termination(s) with respect to Development Plan Approval in
accordance with IoC. 36-7-4-613.
COMMITMENTS MODIFYING OR TERMINATING EXISTING COMMITMENTS CONCERNING
THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A
RESIDENTIAL OPEN SPACE DEVELOPMENT PLAN APPROVAL.
In accordance with I.C. 36-7-4-613, the owner of the real estate located in
Carmel / Clay Township, Hamilton County, Indiana, which is described below,
makes the following modification(s) or termination(s) of commitment(s)
concerning the use and development of that parcel of real estate:
Legal Description:
2.
3.
4.
Statement of Modification or Termination of Commitments:
These MODIFICATION OR TERMINATION OF COMMITMENTS shall run with the land,
be binding on the owner, subsequent owners of the real estate and other
persons acquiring an interest therein. These COMMITMENTS may be modified
or terminated by a decision of the Carmel / Clay Plan Commission made at a
public hearing after proper notice has been given.
MODIFICATION OR TERMINATION OF COMMITMENTS contained in this instrument
shall be effective upon adoption of modification or termination approved by
the Carmel / Clay Plan Commission in petition #.
These COMMITMENTS may be enforced jointly or severally by:
The Carmel / Clay Plan Commission;
Owners of all parcels of ground adjoining the real estate to a
depth of two (2) ownerships, but not exceeding six-hundred-sixty
(660) feet from the perimeter of the real estate, and all owners
of real estate within the area included in the petition who were
not petitioners for approval; and,
o
The undersigned hereby authorizes the Department of Community Development
of Carmel / Clay Township, Hamilton County, Indiana to record this
MODIFICATION OR TERMINATION OF COMMITMENTS in the Office of the Recorder of
Hamilton County, Indiana, upon final approval petition #
by the Carmel / Clay Plan Commission.
of
IN WITNESS WHEREOF, owner has executed this instrument this day
, 19
Signature
Printed
Title
Seal).
Signature
Printed
Title
(Seal)
2
(Individual Acknowledgment)
STATE OF )
) SS:
COUNTYOF )
Before me, a Notary Public in and for said County and State,
personally appeared , owner(s) of the real
estate who acknowledged the execution of the foregoing instrument and who,
having been duly sworn, stated that any representations therein contained
are true.
Witness my hand and Notarial Seal this __ day of , 19
My Commission expires:
Signature
Printed
County of Residence
(Organization Acknowledgment)
STATE OF )
) SS:
COUNTY OF )
Before me, a Notary Public in and for said County and State,
personally appeared , the of
, a(n) ,
owner(s) of the estate who acknowledged the execution of the foregoing
instrument and who, having been duly sworn, stated that any representations
therein contained are true.
Witness my hand and Notarial Seal this __ day of
My Commission expires:
Signature
Printed
County of Residence
This instrument was prepared by
3
ATTESTATION:
cOMMON COUNCIL FOR THE CITY OF
CARMEL, INDIANA
By: ~ ~
Presiding~cer
san W. Jonest c~k-Treasu
city of Carmel
Date: //~ ~%~ - ~'~7~
ATTESTATION:
By:
Te.d Johnson/, Mayo:
City of Car~
Jones, ' ~ er
City of Carmel ~rk-Treasur