HomeMy WebLinkAboutApplicationsBabbitt, Pamela A
From: Butler, Angelina V
Sent: Tuesday, December 02, 2003 9:52 AM
To: Babbitt, Pamela A
Subject: Docket No. Assignments: (SWs) Lakes at Hamilton Place (78-03b SW#/03110041 through
78-03e SW /#03110044)
Pam,
Please print and fax this e-mail to the petitioner identified below and update the file. I have issued the necessary
will be the following:
Lakes at Hamilton Place (Formerly Eagle Ridge): Subdivision Waivers
The applicant is requesting approval of the following subdivision waivers in a 214-lot subdivision:
78-03b SW (0311004]) SCO 6.3.7 cul-de-sc length
78-03c SW (03110042) SCO 6.3.1 street centerline offset
78-03d S W (03110043) SCO 6.3.15 street centerline radius
78-03e SW (03110044) SCO 7.1 standard open space requirement (SOSR)
The site is located on the north side of West 116th Street, 1/4 mile east of US 421. The site is zoned S-
1/Residence -Estate.
Filed by Charlie Frankenberger of Nelson &Frankenberger for Dura Development, Inc.
Petitioner, please note the following:
I . This Item has already appeared before the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later Chan Friday, November 21. Published
notice is required within the Indianapolis Star.
3. Rroof of~N~ot.~.iee,wilhneed to be received by this Department no later than noon, onda_y~December°1~5,
~~'. Failure to submit Proof of Notice by this time will result in the tabling of the pets io`n ~ ~~~ c
4. The Filing Fee and Twenty (20) Informational Packets must be delivered to Plan Commission
Secretary Ramona Hancock no later than noon, Friday, December 5, 2003. Failure to submit Informational
Packets by this time will result in the tabling of the petition to the Tuesday, January 20, 2004, agenda of the Plan
Commission.
5. This Item will appear on the December 16, 2003 agenda of the Plan Commission under Public
Hearings.
6. This Item may also appear on the January 6, 2004 agenda of the Plan Commission Subdivision
Committee.
Please contact Mr. Frankenberger at 844-0106 (Fax: 846-8782) with this information. Once the file is updated
please return to Jon's office.
PETITIONER: ulease complete the following:
1.) Please have engineer sign and date subdivision waiver plans.
2.) Please change the word variances to waivers on plans.
3.) Please state or label the lengths of cul-de-sacs needing waivers.
Thank you, Angie B.
City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
317-571-2417
Fax: 317-571-2426
FACSIMILE TELECOPY COVER LETTER
DATE: December 2, 2003
TO: Charlie Frankenberger
FAX: 846-8782
FROM: Pam
Attached hereto are pages, including this cover letter, for facsimile
transmission. Should you experience any problem in the receipt of these pages,
please call 317/571/2417 and ask for Pam.
NOTES: Docket Assignment Sheet.
Please call if you have any questions.
CONFIDENTIALITY NOTICE: The materials enclosed with [his facsimile transmission are private
and confidential and are the property of the sender. The information contained in the material is
privileged and is intended only for the use of the individual(s) or entity(ies) named above. If you an;
not the intended recipient, be advised that any unauthorized disclosure, copying, distribution or the
taking of any action in reliance on the contents of this telecopied information is strictly prohibited. 1/
you have received this facsimile transmission in error, please immediately notify us by telephone to
arrange for return of the forwarded documents to us.
~'
Babbitt, Pamela A
Prom: Dobosiewicz, Jon C
Sent: Tuesday, May 20, 2003 1:01 PM
To: Babbitt, Pamela A
Cc: Lillig, Laurence M; Morrissey, Phyllis G; Pattyn, Dawn E; Tingley, Connie S; Hollibaugh, Mike
P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Butler, Angelina
V
Subject: Docket Number Assignment - (PP Amend & SW); Eagle Ridge Subdivision (78-03 PP Amend
/ 030500_)
Pam,
Please print and fax this e-mail to the petitioner identified below and update the file. I have issued the necessary
Docket Number for the Eagle Ridge Subdivision (Primary Plat Amendment). It will be the following:
Docket No. 78-03 PP Amend (0305003 $582
~~~
Docket No. 78-03a SW (030500 $655 ~
Total Fee: $1,237.00
Docket No. 78-03 PP Amend; (030500; Eagle Ridge Subdivision, (Primary Plat Amendment)
The applicant is requesting approval of an amended Primary Plat to allow a private street. The site is located on
the north side of West 116th Street, 1/4 mile east of US 421. The site is zoned S-1/Residence -Estate. The
petitioner also seeks approval of the following Subdivision Waiver:
' 7~03a SW SCO 6.3.20 private streets
Filed by David Sexton of Schneider Engineering for Dura Development, Inc.
Petitioner, please note the following:
1. This Item has been placed on the May 21, 2003 agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Friday, May 23. Published notice is
required within the Indianapolis Star.
3. Proof of Notice will need to be received by this Department no later than noon, Monday, June 16,
2003. Failure to submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Twenty (20) Informational Packets must be delivered to Plan Commission
Secretary Ramona Hancock no later than noon, Friday, June 6, 2003. Failure to submit Informational Packets
by this time will result in the tabling of the petition to the Tuesday, July 15, 2003, agenda of the Plan
Commission.
5. This Item will appear on the June 17, 2003 agenda of the Plan Commission under Public Hearings.
6. This Item may also appeaz on the July 1, 2003 agenda of the Plan Commission Subdivision
Committee.
Please contact Dave Sexton at 826-6402 (Fax: 826-6410) with this information. Once the file is updated (copy
of fax filed and file labeled on cover and internal files) please return the it to my office.
Thanks,
Jon
~~ .
NELSON
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS-AT-LAW
JAMES J. NELSON
CHARLES D. FRANE:ENBERGER
JAMES E. SH[NAVER.
LAWRENCE J. KEMPER -
JOHN B. FLATT
FREDRIC LAWRENCE -
of counsel
JANE B. MERRII.L "
November l9, 2003
VIA HAND DELIVERY
Jon C. Dobosiewicz
Department of Community Services
One Civic Square
Carmel, IN 46032
Re: Lakes At Hamilton Place (formerly: Eagle Ridge Subdivision)
Docket No. 78-03-PP Amend; 78-03-aSW; 78-03-bSW;
78-03-cSW; 78-03-dSW; and 78-03-eSW
Dear Jon:
3105 EAST 98n1 Bracer
Score 170
1NDIANAP011$, 1NDIANA 462$U
317.844-0106
FAX: 317-8468782
REgIVED
~~~~ 19 2663
DOCS
We previously filed an application to amend the primary plat and an application for a
subdivision waiver for private streets to permit a gated entry. These were assigned docket
number 78-03-PP and 78-03-aSW, respectively. 'Per the already filed application for primary
plat amendment assigned Docket Number 78-03-PP, we are requesting approval of the revised
primary plat per the enclosed drawings. We are also supplementing the existing filing with four
(4) additional subdivision waivers pertaining to the length of cul-de-sacs, centerline offsets,
centerline radiuses, and the standard open space requirement. To this end, enclosed herewith are
four additional applications for subdivision waivers, as well as relevant drawings.
After you review this, please call me with any questions or comments you may have.
Thank you.
Very truly yours,
NELSON &FRANKENBERGER
C~
Charles D. Frankenberger
CDF/j lw
Enclosures
Ii,Vanel\DUra\Lakes-Hamilton\Dobosiewicz In 111903.doc
REC~~~E~ '~ Docket No. 78-03-bSW
~~~ 19 2003
DOGS SUBDIVISION REGULATION WAIVER
REQUEST APPLICATION
~ (SUBMIT two (2) copies)
IE ~\' Fee: $655.00 plus $72.50 for each additional waiver request
Contact Person: Dave Sexton Telephone No.: (317) 569-8112
Fax No.: (317) 826-6410
Address: 12821 East New Mazket Street, Carmel, IN 46032
PROJECT NAME: The Lakes at Hamilton Place
PROJECT ADDRESS: 4450 W. 116`s Street
APPLICANT NAME: Dura Builders. Inc.
ADDRESS: 5740 Decatur Boulevazd, Indianapolis, IN 46241
TELEPHONE: (3 1 71 821-8 100 FAX: (3171 821-81 1 1
Section (Section Number, Page, Item) of Subdivision Regulations for which variance is being
requested:
State explanation of why variance is being requested:
Cul-de-sac len>?th - to allow 2 cul-de-sacs loneer than 600'.
State reasons supporting variance request: -Jg-03~ 5~ ~ u l_ ~ _ S ~ lL,_y~~'~
The Applicant is seekine these cul-de-sac waivers in order to achieve a more aesthetically
appealing lavout for the proposed subdivision.
Present zoning: S-1 Residence District i,
Charles . Frankenberger -Attorney for Applicant
NOTE: THIS APPLICATION MUST BE SUBMITTED AT THE TIME OF THE PRIMARY
PLAT APPLICATION. VARIANCE REQUEST MUST BE INCLUDED WITH THE PUBLIC
NOTICE FOR THE PRIMARY PLAT.
Application Fee
H:Vanet\DuraVakes-Hamilton Place\Subdivision Appln. 78-03-bSW.doc
Docket No. 78-03-cSW
.~Q`~. O~~'S ;~' SUBDIVISION REGULATION WAIVER
v. REQUEST APPLICATION
~ (SUBMIT two (2) copies)
~ B , ~g Fee: $655.00 plus $72.50 for each additional waiver request
Contact Person: Dave Sexton Telephone No.: (3171 569-8112
Fax No.: (3171826-6410
Address: 12821 East New Market Street Carmel, IN 46032
PROJECT NAME: The Lakes at Hamilton Place
PROJECT ADDRESS: 4450 W. 116a' Street
APPLICANT NAME: Dura Builders Inc.
ADDRESS: 5740 Decatur Boulevazd Indianapolis, IN 46241
TELEPHONE: (3171821-8100 FAX: (3171821-8111
Section (Section Number, Page, Item) of Subdivision Regulations for which variance is being
requested:
State explanation of why variance is being requested:
Street centerline offsets - to allow street centerline offsets of less than 150'.
~~~u3c S-lYe~ ce~~rlt~t°
State reasons supporting variance request: S l J
The Applicant is seeking these street centerline offset waivers in order to achieve a more
aesthetically appealing layout for the proposed subdivision.
Present zoning: S-1 Residence District C ~.
Charles . Frankenberger -Attorney for Applicant
NOTE: THIS APPLICATION MUST BE SUBMITTED AT THE TIME OF THE PRIMARY
PLAT APPLICATION. VARIANCE REQUEST MUST BE INCLUDED WITH THE PUBLIC
NOTICE FOR THE PRIMARY PLAT.
Application Fee
H:Uanet\Dura\Lakes-Hamilton Place\Subdivision Appln. 78-03-cSW.doc
~R 1~ ~dd~ ~ Docket No, 78-03-dSW
NUS GS ~ SUBDIVISION REGULATION WAIVER
~~ REQUEST APPLICATION
~a' (SUBMIT two (2) copies)
~T~`T~ Fee: $655.00 plus $72.50 for each additional waiver request
Contact Person: Dave Sexton Telephone No.: (3171 569-8112
Fax No.: (3171826-64] 0
Address: 12821 East New Mazket Street, Carmel, IN 46032
PROJECT NAME: The Lakes at Hamilton Place
PROJECT ADDRESS: 4450 W. 116th Street
APPLICANT NAME: Dura Builders, Inc.
ADDRESS: 5740 Decatur Boulevazd, Indianapolis, IN 46241
TELEPHONE: (317) 821-8100 FAX: (3171 821-8111
Section (Section Number, Page, Item) of Subdivision Regulations for which variance is being
requested:
State explanation of why variance is being requested:
Minimum street centerline radius - to allow a reduction of certain street centerline radiuses from
150' to 60' and to 100'. ~~II I
State reasons supporting variance request: ~~ ~4 S~V4 P.~' C P V1~-e-{~l(I~C ~CCd.lu~
The Applicant is seekint; these minimum street centerline radius waivers in order to achieve a
more aesthetically appealins layout for the proposed subdivision
Present zoning: S-1 Residence District ~.
Charles . Frankenberger -Attorney for Applicant
NOTE: THIS APPLICATION MUST BE SUBMITTED AT THE TIME OF THE PRIMARY
PLAT APPLICATION. VARIANCE REQUEST MUST BE INCLUDED WITH THE PUBLIC
NOTICE FOR THE PRIMARY PLAT.
Application Fee
H:Uane[\Dura\Cakes-Hamilton Place\Subdivision Appln. 78-03-0SW.doc
R~(;~VED '~ Docket No. 78-03-eSW
NCV 19 2063 ;~ SUBDIVISION REGULATION WAIVER
QOCS REQUEST APPLICATION
oa (SUBMIT two (2) copies)
~\ Fee: $655.00 plus $72.50 for each additional waiver request
8
Contact Person: Dave Sexton Telephone No.: (3171 569-8112
Fax No.: (3 ] 71 826-6410
Address: 12821 East New Market Street Carmel. IN 46032
PROJECT NAME: The Lakes at Hamilton Place
PROJECT ADDRESS: 4450 W. 116`h Street
APPLICANT NAME: Dura Builders. lnc
ADDRESS: 5740 Decatur Boulevard, Indianapolis, IN 46241
TELEPHONE: (317) 821-8100 FAX: (317) 821-8111
Section (Section Number, Page, Item) of Subdivision Regulations for which variance is being
requested:
State explanation of why variance is being requested:
Minimum Standard Open Space Requirement (SOSR) - to allow a reduction in the SOSR.
State reasons supporting variance request: S t-v
The Applicant is seeking this minimum Standard Open Space Requirement waiver in order to
achieve a more aesthetically appealin>; layout for the proposed subdivision
Present zoning: S-1 Residence District
Charles .Frankenberger-AttorneyforApplicant
NOTE: THIS APPLICATION MUST BE SUBMITTED AT THE TIME OF THE PRIMARY
PLAT APPLICATION. VARIANCE REQUEST MUST BE INCLUDED WITH THE PUBLIC
NOTICE FOR THE PRIMARY PLAT.
Application Fee
H:Uanct\Dura\Lekes-Hamilton Place\Subdivision Appln. 78-03-eSW.doc
~J
CITY OP CARMEL & CLAY
~~~ 1~ ~.
D~~S
SUBDIVISION NAME:
EXHIBIT A
OPEN SPACE SCHEDULE
The Lakes at Hamilton Place
1. SITE ACREAGE 153.3 +/-
2. ZONE DISTRICT 51
3. MINIMUM OPEN SPACE REQUIREMENT (SOSR)
4. OPEN SPACE PROVIDED (OSP)
5. PRIMARY CONSERVATION AREAS
7
^ Well-head Protection Area ^ PEMA/IDNR 100 year Floodway
^ FEMA/IDNR 100 year Flood Fringe ^ Wetlands (>l/4 acJ
^ White River Corridor ^ Scrub Woodland
^ Steep slopes (10%) ^ Young Woodland
^ Mature Woodland ^ Historic Structures/Sites
^ Special Opportunity Corridor (identify)
^ Other
NATURAL OPEN SPACE PROVIDED
AGRICULTURAL OPEN SPACE
15% / 23.00 acres
31.83% / 48.80 acres
14.94% / 22.91 acres
/ acres
8. DESIGNED OPEN SPACE 16.89% / 25.89 acres
^ Square ^ Pazks ^ Green
® Boulevard 2.03 ac. ^ Greenbelt ^ Paths
^ Trails ^ Golf Courses ® Pond (see below) 21.60 ac.
® Other Amenities Area 2.26 Ac.
9. CONSERVANCY LOTS no. lots acres
10. PONDS total measured perimeter (in linear feet) 9586 I.f.
total measured accessible perimeter (not bounded) 6790 I.f. 70.83
Chapter 7: Open Space Standards For Major Subdivisions
7-12
as amended per Z-346
6
N:\DOCS\CIVIL\FORMS\City of Carmet\OPENSPACESCHEDULE.doc
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EXISTING PRIMARY PLAT -EAGLE RIDGE
(APPROVED 1997)
NOTES:
1. TOTAL PROJECT AREA = 153.4 AC.
2. NUMBER OF LOTS = u@
3. OPEN SPACE PROVIDED = 10.98 AC. (7^2X1
4. LENGTH OF PROPOSED STREETS = 21.468 LF•
5. AREA OF EXISTING LAKES = 27.2 AC.
6. AREA OF EXISTING LAKES TO 8E PRESERVED = 24 AC.
7. EXISTING PERIMETER LANDSCAPING TO BE REMOVED.
8. NO TRAILS OR AMENITIES PROVIDED.
9. DENSITY = 1.8 LOTS / AC.
'' '.
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gum NaRrH i
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PROPOSED PRIMARY PLAT -THE LAKES AT HAMILTON PLACE
(FORMERLY EAGLE RIDGE)
NOTES:
1. TOTAL PROJECT AREA = 153.4 AC.
2. NUMBER OF LOTS = ~
3. OPEN SPACE PROVIDED = 48.80 AC. (31.83%1
4. LENGTH OF PROPOSED STREETS = 16.735 LF.
5. AREA OF EXISTING LAKES = 27.9 AC.
6. AREA OF EXISTING LAKES TO BE PRESERVED = 28.1 AG
7. EXISTING PERIMETER LANDSCAPING TO BE PRESERVED.
8. 1Q„q,~Q t LF. OF TRAILS PROVIDED, ALONG VATIi CLUBHOUSE, POOL ETC.
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SUBDIVISION REGULATION WAIVER ~ O G~~~
REQUEST APPLICATION OC, yaF
(SUBMIT two (2) copies) J' ~.y
Fee: $655.00 plus $72.50 for each additional waiver request
Contact Person: Dave Sexton Telephone No.: (3 171 569-81 12
Fax No.: (3171 826-6410
Address: 12821 East New Mazket Street. Carmel, IN 46032
PROJECT NAME: The Lakes at Hamilton Place
PROJECT ADDRESS: 4450 W. 116`h Street
APPLICANT NAME: Dura Builders, Inc.
ADDRESS: 5740 Decatur Boulevard. Indianapolis, IN 46241
TELEPHONE: (3 171 82 1-8100 FAX: (317) 821-8111
Section (Section Number, Page, Item) of Subdivision Regulations for which variance is being
requested:
State explanation of why variance is being requested:
Private streets - WaterbridQe Drive. Waterbridee Court, Cold Creek Court
Private streets are required if access is via a Qated entry
State reasons supporting variance request:
Applicant is desirous of creatin¢ an enclave of sinele family homes accessible via a Qated entry
Present zoning: S-1 Residence District
-Attorney for Applicant
NOTE: THIS APPLICATION MUST BE
T THE TIME OF THE PRIMARY
PLAT APPLICATION. VARIANCE REQUEST MUST BE INCLUDED WITH THE PUBLIC
NOTICE FOR THE PRIMARY PLAT.
Application Fee
H:VCeIlyUim N\Dura Builders\Lakes-Hamilton Place\SBDVSN REGLTN WVR.doc
SUBDIVISION REGULATION WAIVER
REQUEST APPLICATION
(SUBMIT two (2) copies)
Fee: $655.00 plus $72.50 for each additional waiver request
Contact Person: Dave Sexton Telephone No.: (317) 569-811.2
Fax No.: (317) 826-6410
Address: 12821 East New Market Street, Carmel, IN 46032
PROJECT NAME: The Lakes at Hamilton Place
PROJECT ADDRESS: 4450 W. 116th Street
APPLICANT NAME: Dura Builders, Inc.
ADDRESS: 5740 Decatur Boulevard, Indianapolis, IN 46241
TELEPHONE: (317) 821-8100 FAX: (317) 821-8111
Section (Section Number, Page, Item) of Subdivision Regulations for which variance is being
requested:
State explanation of why variance is being requested:
Private streets - Waterbridge Drive, Waterbridt;e Court, Cold Creek Court
Private streets are required if access is via a gated entry
State reasons supporting variance request:
Applicant is desirous of creating an enclave of sin>;le family homes accessible via a gated entry
Present zoning: S-1 Residence District
.Tames J. elson -Attorney for Applicant
NOTE: THIS APPLICATION MUST BE SUBMITTED AT THE TIME OF THE PRIMARY
PLAT APPLICATION. VARIANCE REQUEST MUST BE INCLUDED WITH THE PUBLIC
NOTICE FOR THE PRIMARY PLAT.
Application Fee
H:\KellyVim MDura Builders\Lakes-Hamilton Place\SBDVSN REGLTN WVR.doc
APPLICATION FOR ~ ,~' ~ 9~ ~
~s ~~;~,
PRIMARY PLAT (OR REPEAT) (AMEND) pp~~ ~FD
Fee: $728.00 plus $36.50 per lot ($582.00)
DATE: 8/8/03 DOCKET NO.: 78-03 PP Amend
The undersigned agrees that any construction, reconstruction, enlargement, relocation or
alteration of structure, or any change in the use of land or structures requested by this application
will comply with, and conform to, all applicable laws of the State of Indiana, and the "Zoning
Ordinance of Carmel, Indiana - 1980", adopted under the authority of Acts of 1979, Public Law
178 Sec. 1, et seq, General Assembly of the State of Indiana, and all Acts amendatory thereto.
Name of Applicant: Dura Builders, Inc. Phone No.: (317) 821-8100
Fax No.: (317) 821-8111
Address of Applicant: 5740 Decatur Boulevard, Indianayolis, IN 46241
Name of Owner: Paul Shoopman Phone No.: (317) 821-8100
Name of Subdivision: The Lakes at Hamilton Place (formerly Eaele Rid>;e)
Legal Description: (To be typewritten on separate sheet and attached) -See Exhibit A-
Area (in acres): 153.4 Number of Lots: 225 Length (in miles) of new streets to
be dedicated to public use: 2 •g
Surveyor certifying plat: Schneider En ine eerine (Dave Sexton)
Address: 12821 East New Market Street, Carmel, IN 46032 Phone No.(317) 569-8112
STATE OF INDIANA
COUNTY OF~I7ANU..I I u' i
The
he or she is i-
Signature of
Subscribed and sworn to before
My Commission Expires:
SEAL
5.1.10 Application for Primary Plat Two (2) copies, or more if necessary, of the pn 1q~t,
of the construction plans together with supporting documents shall be submitted to the Director of Current g
with this application. These plans to be distributed to all Technical Advisory Committee authorities by
applicant.
FEE: Received
SS:
been duly sworn, upon oath says that the above information is true and correct as
Print: James J. Nelson, At[ornev for Applicant
this 8°i day of August, 2003.
~,
H:\kelly\jim n\dura Builders\lakes-Hamilton Place\app4pmvy pltrepltdoc
EAGLE RIDGE
LAND DESCRIPTION
Part of the southwest quarter of Section 31, Township 18 North, Range 3 East, in Hamilton
County, Indiana, being more particularly described as follows:
Beginning at the southwest corner of said. southwest quarter section; thence North 00
degrees 12 minutes 32 seconds East (assumed bearing) along fhe west line of said
southwest quarter section 2639.53 feet to the northwest corner of said southwest quarter
section; thence North 89 degrees 56 minutes 37 seconds East along the north line of said
southwest quarter section 2785.16 feet to the northeast corner of said southwest quarter
section; thence South 00 degrees 30 minutes 57 seconds West along the east line of said
southwest quarter section 1317.16 feet; thence South 89 degrees 53 minutes 20 seconds
West 197.13 feet; thence South 02 degrees 05 minutes 01 seconds West 740.36 feet;
thence South 89 degrees 50 minutes 01 seconds West, parallel with the south line of said
southwest quarter section 208.80 feet; thence South 00 degrees 27 minutes 01 seconds
West 577,50 feet; thence South 89 degrees 50 minutes 01 seconds West, along the south
line of said southwest.quarterseetion 469:53 feet; thence North;00 degrees 27 minutes 01
seconds East 577:50 feet; thence South 89 degrees 50 minutes 01 seconds West, parallel
with the south line of said southwest quartersection 426.17 feet; thence South 00 degrees
27 minutes 01 seconds West 577.50 feetto a point along the south line of said southwest
quarter section; thence South 89 degrees: 50 minutes 01 seconds West along the south
line of said southwest quarter section 1449.85-feet to the Point of Beginning, containing
153.35 acres, more or less.
N:\1299\003\docs\overall description.doc
DCC 05/09/03
~JRI,~F~~D
D~CS ?%?
-..~.
RECEIVED
APPLICATION FOR ~iEAY ~ ~l'~~~~
DOCS
PRIMARY PLAT (OR REPEAT)
DATE: May 9, 2003
DOCKET NO.
The undersigned agrees that any construction, reconstruction, enlargement, relocation or alteration of
structure, or any change in the use of land or structures requested by this application will comply with, and
conform [o, all applicable laws of the State of Indiana, and the "Zoning Ordinance of Carmel, Indiana -
1980", adopted under [he authority of Acts of 1979, Public Law 178 Sea I, et seq, General Assembly of
[he State of Indiana, and all Acts amendatory thereto.
Name of Applicant: Dura Development Company Phone No. 317-821-8100
Address of Applicant: 5740 Decatur Blvd., Indianapolis, IN 46241
Name of Owner: Paul Shoopman Phone No. 317-821-8100
Name of Subdivision:
Legal Description (To be typewritten of separate sheet and attached)
Area (in acres): 153.4 Number of Lots: 222 Length (in miles) of new streets
to be dedicated [o public use: 2.8
Surveyor certifying plat:
Mike Mulryan, Sr. L.S.
Address: The Schneider Corporation, 12821 E. New Market St. Phone No. 317-569-8112
S-tOQ Carmel, IN 46032
++++++++**+**++++++++++s+++*+++++*++**+*++++++++++++~+++++++++++*+t+*+++ STATE OF INDIANA,
COUNTY OF ~Y>w(;~p , SS:
The undersigned having been duly sworn, on oath says that the above information is true and correct
As he or she is informed and btM'~ yes.
SIGNATURE OF APPLICANT: - ~- Print: Dave Sexton, P.E. (Agent)
Subscribed and sworn to before me this 9th day of
,20 03
Notary ublic ~Q~QXIYIG ~ Gt-YI~ISOY)
My Commission Expires: l~f'~.t.~. as - 000
5.1.10 Application for Primary Plat Two (2) copies, or more i(necessary, of the primary plat and of the
construction plans together with supporting documents shall be submitted to the Director of Current Planning with this
application. These plans [o be distributed to all Technical Advisory Committee authorities by applicants.
i
FEE: Received by:
N:\1299\003\docs\PRIMARY PLAiAPPI,
CITY OF CARMEL & CLAY TOWNSHIP SUBDIVISION CONTROL ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING & SUBDIVISIONS
ARTICLE 2: SUBDIVISION REGULATIONS
CARMEL/CLAY SUBDIVISION CONTROL ORDINANCE
CHAPTER 7: OPEN SPACE STANDARDS FOR MAJOR SUBDI VISIONS (ROSO III)
7.00 Subdivision Open Snace Desim.
7.01 Subdivision Base Density.
7.02 Subdivision -Density Incentive.
7.03 Onen Space Schedule.
7.04 General Standards For Open Soace.
7.05 Open Snace Priority Areas.
7.06 Standards For Natural Onen Space.
7.07 Woodland Evaluation.
7.OS Standards For Aericultural Open Soace.
7.09 Standards For Desiened Opcn Soace.
7.10 Standards For Conservancy Lots.
7. I I Permanent Protection Throu¢h Conservation Easements.
7.12 Ownership of Ooen Soace and Common Facilities.
7.13 Maintenance.
7.14 Modifications.
EXHIBIT A: Open Snace Schedule.
EXHIBIT B: Onen Space Conservation Plan Preparation Guidelines.
The Open Space Subdivision design approach has been adopted to ensure a minimum amount 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 [he protection of natural
areas, such as flood zones and woodlands, but also allow for more stmctured open spaces, such as parks or
squares, as wel I as for agricultural open space in the form of fields or pasture. Open space should be consistent
with the goals, objectives and policies se[ 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.
7.00 Subdivision Onen Space Design.
7.00.01 Major Subdivisions with community water and community sewer thaimgals the Standard Ooen Space
Requirement (SOSR) set forth in Section 7.0] shall be exempt from the area, yard, width, and
coverage standards set forth in Sections 5.04.02, 5.04.03, 6.04.02, 6.04.03, 7.04.02, 7.04.03, 8.04.02,
8.04.03, 9.04.02, 9.04.03, 10.05.02, and !0.05.03 of the Zoningprdinance, however, the minimum
distance between dwellings shall be six (6) feet. -
7.00.02 Minor subdivisions shall be exempt from the requirements of this Chapter.
7.00.03 Major subdivisions with a gross density of 1.0 units per acre or.lcss shall be exempt from the
requirements of this Chapter.
Chapter 7: Open Space Standards For Major Subdivisions
71
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Summer 2003 v]
CITY OF CARMEL & CLAY TOW\SH1P SUBDIVISION CONTROL ORDINANCE
7.01 Subdivision Base Density.
The base density permitted for new subdivisions is set forth below. The percentages in the following table refer
[o the percentage of a subdivision's gross site acreage which must be devoted to open space as defined in this
Chapter:
RESIDENCE
DISTRICT
(PER ZONING
ORDINANCE STANDARD
OPEN SPACE
REQUIREMENT
SOSR) BASE DENSITY
FOR QUALIFYING
SUBDIVISION
Lots/Acre)
S-I Residential Estate IS% ].0
$-I Very Low lntensity 15% 1.3
S-1 Low Intensity 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
7.02 Snbdivision -Density Incentive.
The grossbase density (units/acre) ofa subdivision may be increased above the permitted base density, set forth
in Section 7.0L, by the application of a factor of one and one-half percent (1.5%) of the base density for each
increase of one percent (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;
SOSR =Standard Open Space Requirement percentage
7.03 Onen Soaee Schedule.
Together with [he primary plat application, the applicant must submit an Open Space Schedule, noting the Open
Space categories used and acreage of each. (Exhibit A.). Subdivision open space is divided into four (4)
categories: Namral Open Space, Agricultural Open Space, Conservancy Lots, and Designed Open Space.
7.03.01 Natural Ooen Snace. (See Section 7.0~. Natural Open Space includes all land areas set aside in a
naturally occurring state, including priority conservation areas, used either:
for the purpose of passive neighborhood recreational use;
2. to protect scenic views; or
to minimize views of new development from existing roads.
7.03.02 AGRICULTURAL OPEN SPACE (See Section 7.08). Agricultural Open Space includes all land
areas set aside for agricultural uses, including pastureland.
7.03.03 CONSERVANCY LOTS (See Secton 7. LO). Conservancy Lots are intended to be used primarily as
large lot residential uses which serve as a buffer and/or transition to pockets of low intensity, very low
intensity,and residential estate subdivisions.
7.03.04 DESIGNED OPEN SPACE (See Secton 7.09). 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;
Chapter 7: Open Space Standards For Major Subdivisions
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CITY OF CARMEL & ('LAY TOWNSHIP SUBDIVISION CONTROL ORDINANCE
2. To enhance views of new houses from existing roads;
To act as neighborhood focal points.
7.04 General Standards For Onen Snace.
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 requirements below.
7.04.01 Any lot within a subdivision shall be located within a one thousand-foot (1000') radius of Open Space
to help ensure safe and convenient access to the greatest number of tots within the subdivision.
7.04.02 Open space must also be accessible for land management and emergency purposes.
7.04.03 Open space must be easily and permanently identifiable as open space through one or more of the
following: maintenance practices, permanent signage, permanent monuments, paths or walks, walls, or
low fencing.
7.04.04 Open space intended for active recreational use must be suitable for such use without posing
interference with adjawnt dwelling units, parking, driveways, and roads. ~ ,
7.04.05 Open space shall be undivided by streets or alleys, except where necessary for proper traffic
circulation.
7.04.06 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 usability of open space.
7.04.07 There shall be submitted an Open Space Conservation Plan as part ofthe Primary Plat application. The
Open Space Conservation Plan shall address the intended use of project open space, and shall comply
with the Commission Open Space Conservation Plan Guidelines (Exhibit B).
7.05 Open Soace Priority Areas.
Open Space Priority Areas shall be protected [o [he extent indicated below, and maybe utilized as project open
space:
7.05.01 Public Wellhead Protection Areas representing a two hundred-foot (200') radius control area around
the wellhead, shall be protected in their entirety.
7.05.02 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 wellhead. No lakes, ponds or other water impoundment
of any kind shall be allowed within the two hundred-foot (Z00'} radius of a public wellhead.
7.05.03 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 impervious
surfaces.
7.05.04 All FEMA and IDNR 100-Year Floodwav and Floodwav Fringe Areas shall be preserved in their
entirety, however:
1. Alterations to floodway and floodway fringe aeeas may occur pursuant to a Letter of Map
Revision (LOMR) pursuantto the Federal Emergency Management Agency and Commission
approval;
2. Excavation, filling of earth or removal of native vegetation within one hundred-year
floodway fringe areas shall be prohibited, except as may be required by the Hamilton County
Drainage Board, or Carmel Board of Public Works and Safety.
Chapter 7: Open Space Standards For Major Subdivisions
7-3
as amended per X346
Summer 2003 v 1
CITE OF CARMEL ~ CLAY TOWNSHIP SUBDIVISION CONTROL ORDINANCE
7.05.05 Federal Jurisdictional Wetlands of one-quarter-acre ('/<-acre) or greater shall be preserved in their
entirety, including afifty-foot-wide (50') 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 Commission.
7.05.06 The White River Greenway. The White 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
from the water's edge at normal pool elevation (as verified by the Indiana Department of Natural
Resources) 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.
7.05.07 Woodlands. Woodland areas that occur throughout Carmel/Clay, are primarily associated with
streams, ditches, wetlands, poor and erodible agricultural soils, and moderate to steep slopes. Because
oftheir resource values, all Mature Woodlands, Youn Woodlands 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 determiced below.
_ Evaluation criteria and protection for woodlands are found in Section 7.07
1. No more than fifteen percent (15%) of lands occupied, as of December I, 1998, by Mature
Woodlands shall be cleared.
2. No more than thirty percent (30%) of lands occupied, as of December 1, 1998, by Youn
Woodlands shall be cleared. .
3. No more than fifty percent (50%) of lands occupied, as of December 1, 1998, by Senrb
Woodlands shall be cleared.
7.05.08 Special Opportunity Corridors arc linear, unbuildable areas subject to restrictions by major pipeline
companies or public utilities. These corridors extend for Tong distances through Carmel/Clay, and
provide a tremendous opportunity for low-impact improvements such as multi-purpose [rails and
landscaping. All Pipeline easements, and high voltage electrical transmission lines within easements
and delineated as Special Opportunity Corridors on the Alternative Transportation Plan of the
CarmeUClay Comprehensive Plan shall beset-aside, and integrated into the overall subdivision design
as project open space. As an Open Space Priority Area, the development of a linear trail system shall -
be a requirement for all new subdivisions directly impacted/encumbered by Special Opportunity
Corridors.
7.05.09 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 Carmel/ Clay Township.
1. Plans requiring 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 detrimental 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.
7.06 Standazds For Natural Onen Space.
The following represent minimum standards to reduce adverse impacts on Namral Open Space.
7.06.01 Natuml Open Space consists of any Open Space Priority Area (Section 7.05). Natural Open Space
Areas azc generally the preferred form of project open space, opportunities for Natural Open Space
Chapter 7: Open Space Standards For Major Subdivisions
7-4
as amended per X346
Summer 2003 v 1
CITY OF CARMEL & CLAY TOWNSHIP SUBDIVISION CONTROL ORDINANCE.
should be exhausted prior [o implementation of other open space types.
7.06.02 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.
7.06.03 Unless otherwise approved by the Commission, each Natural Open Space area must:
Be a minimum area ofone-half (''/z) acre;
2. Have a minimum width of seventy-five (75) feet, and
Have at (cast two (2) points of access
7.07 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 Opcn Space Conservation Plan.
7.07.01 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 preserved within Project Open Space, therefore,
must meet the following minimum standards:
1. A life expectancy of greater than ten (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 major dead limb or several minor dead limbs.
5. No major insect or pathological problem.
7.07.02 Woodland Protection Practices. Protecting the root zone is the most critical factor in tree preservation
throughout the development process. Disturbance within this azea directly affects tree survival To
protect root zones, the following standards apply:
1. When earthwork, grading, or constmction activities are planned adjacent to W oodland 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 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 Icss than the total area beneath the
tree(s) canopy as defined by the farthest canopy of the tree(s) plus afive-foot wide (5')
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 storm water routed around those areas deemed intolerant of
an increase of additional flow from urbanization.
5. Disturbed azcas adjacent to tree preservation zones shall be mulched to provide additional
protection to tree roots.
6. When digging trenches for utility lines or similar uses, disturbances to the root zones of
woodland open space shall be prohibited. Underground tunneling or directional boring of
utilities is required to protect woodland root zones.
Chapter 7: Open Space Standards For Major Subdivisions
7-5
as amended per Z-346
Summer 2003 vl
CITY OF CARMEL & CIAY TO W NSHIP SDBDIVISION CONTROL ORDINANCE
7. Woodland clearing shall not be permitted prior to Secondary Plat approval.
8. The determination of sigh[ distance cleazances along roadways shall be made graphically, not
by clearing woodlands on-site prior to Secondary Plat approval.
7.07.03 Afforestation and Reforestation. 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:
I . The bast planting unit for Afforestation within or adjacent to Natural Open Space shall be for
each five hundred (500) square feet and include:
one (I) shade tree
b. four (4) whips
c. twelve-inch (12") seedlings spaced on three-foot (3') 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 cleazed 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. Planting shall occur per Exhibit
C.' Perimeter Buffering.
4. Tree species selected for replacement must be quality specimens and must be native to North
Central Indiana. Standards for transplanting can be found in the Carmel Tree Installation
Specifications Manual. Asite-specific tree list will be provided to the City Arborist.
7.08 Standards For Agricultural Open Space.
Agricultural Open Space shall be devoted to agricultural uses, including pastureland, or [he raising ofcrops, 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
animals likely to produce offensive odors.
7.08.01 The minimum land area for Agricultural Open Space shall be five (5) acres.
7.08.02 Pastureland is land reserved for horses that are solely for recreational purposes.
7.08.03 Agricultural Open Space may-not consume more than one half (50%) of the SOSR.
7.09 Standards For DesiLmed Onen Snace.
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 Section 7.09.1 ]:
7.09.01 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 seventy-five
(75) feet.
2. Streets shall bound squazes on at {east two (2) sides.
3. Squares shall be improved with a combination of paved areas and landscaped areas, and
should be famished with benches, lighting, and other site details such as perennial gazdens,
shmb borders, birdbaths, and fountains.
Chapter 7: Open Space Standards For Major Subdivisions
7-6
as amended per 2346
Summer 2003 v I
CITY OF CARMEL & CLAY TOWNSHIP SUFIDIVISION CUN"fROL ORDINANCE
7.09.02 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 minimum average width of
ninety (90) feet.
2. One (I) point of access is required for each 25,000 square feet, up to a maximum of three (3)
points of access.
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.
7.09.03 Greens. Greens are medium sized open space areas that are designed for unstructured recreational use.
I . Greens shall be no less than 40,000 square feet in area, with a minimum average width of one
hundred fifty (150) feet.
2. Greens shall be bound on three (3) sides by streets or house fapades.
7.09.04 Boulevards. Boulevards arc linear open spaces located within a public or private street and consist of
a linear street median, at least ten (10) feet wide;
2. tree lawns along each side of the street, at least ten (10) feet wide, and planted in a formal
manner with street trees located on consistent spacing;
parallel multi-purpose pathways along each side, or, amulti-purpose pathway along one side,
and a sidewalk along the other. The minimum width for multi-purpose paths shall be ten (l0)
feet.
7.09.05 Greenbelts. Greenbelts are located along the perimeter of a neighborhood and adjacent to arterial
streets or parkways. Greenbelts may be left natural or developed to provide for recreation
opportunities. Minimum width: One hundred (100) feet.
7.09.06 Planting Strips. Planting Strips are spaces required per Section 6.03.19 of the Subdivision Regulations,
and may contribute up to fifteen perecnt (l5%) of the SOSR.
7.09.07 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 Ciry of Carmel;
I . If located outside of the street right-of-way, and upon private ground, the trail shall be placed
within a conservation casement, a minimum of thirty (30) feet in width. The language of the
conservation easement shat l 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.
7.09.08 Paths. Paths shall generally be located within the undivided (common) Opcn 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.
The minimum width for the casement shall be fifteen (IS) feet and shall have a length to
width ratio of ten [o one (10: I ).
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.
7.09.09 Golf Courses. 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 Stmctures shall not count toward [he SOSR.
7.09.10 Ponds. Storm water management ponds that are designed, landscaped, and available for use as an
Chapter 7: Open Space Standards For Major Subdivisions
7-7
as amended per U346
Summer 2003 vl
CITY OF CARMEL & CLAt' TOWNSHIP SUBDIVISION CONTROL ORDINANCE
integral part of a subdivision's open space network may be counted toward a portion of the SOSR,
based on a percentage equal [o that portion of a pond's perimeter which is not bounded by lots (c.g.
thirty percent (30%) bounded by lots, seventy percent (70%) Open Space).
7.09. I I The Commission may approve other forms of Design Opcn Space if a 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; tot lot or playground; an area for court games, or a rogue or croquet field.
3. I[ meets the general description of Designed Open Space found in Section 7.03.D.
4. It meets the General Standards for Open Space, Section 7.04.
7.10 Standards For Conservancv Lots.
Conservancy Lots maybe used where applicants opt [o develop portions of their property at very low densities
and offer to place a restrictive conservation easement preventing future subdivision of the newly created
pazcels.
7.10.01 Conservancy Lots shall be a minimum of five (5) acres.
7.10.02 Minimum front yards for Conservancy Lots:
Primary Structures: two hundred (200) feet from right-of--way.
2. Accessory Structures: two hundred twenty-five (225) feet from right-of--way.
7.10.03 Up to fifty percent (50%) of each Conservancy Lot may contribute to the OSP.
7.10.04 Conservancy Lots may contribute up to fifty percent (50%) of the overall SOSR.
7.1 I Permanent Protection Throueh Conservation Easements.
7.11.01 Subdivision open space shall be subject [o permanent conservation~easemen[s prohibiting future
development and defining the range of permitted activities.
7.1 1.02 The Commission shalLreview all 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 ODen Space and Common Facilities.
7.12.01 Ownership Options. The methods below maybe used, either individually or in combination, to own
common facilities; however, project open space which is contiguous to an existing public park or trail
(linear park) or contiguous to an area identified as a park (or trail) on the Park Master Plan shall be
initially offered for dedication to, or purchase by, the Cannel Clay Township Board of Parks and
Recreation.
7.12.02 Open space shall not be transferred to another entity except for transfer to another method of
ownership pcnnitted 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 [he use of
condominium agreements. All open land and common facilities shall be held as common
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CITY OF CARMEL & CLAY TOWb'SHIP SUBDIVISION CONTROL ORDINANCE
element.
3. Homeowners' Association. Common facilities may be held in common ownership by a
homeowners' association, subject to any of [he provisions for homeowners' associations set
forth in the Zoning Ordinance. In addition, the following regulations shall be met
a. The applicant shall provide the Commission a description ofthe 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 al I 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 Written notice of any proposed transfer of common facilities by the association or
the assumption of maintenance for common facilities mustbe given to all members
of the association.
g. The association shall have adequate staff to administer, maintain, and operate such
common facilities.
4: Private Conservation Oreaniza[ion. With permission of the Commission, an owner may
transfer 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 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 Commission is established between the
owner and the organization.
5. 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. [n such
cases, the facility remains in the ownership of the condominium association, homeowners'
association, or private conservation organization. In addition, the following regulations shall
apply:
a. Any such casements 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.
6. Non-Common Private Ownership (Conservancy Lotsl. Up to fifty (50) percent of the SOSR
may be included within one or more large "conservancy Lots" of at (east three (3) acres,
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CITY OF CARMEL&CLAY TOWNSHIP SUftDIVISIDN CONTROL ORDINANCE,
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, condominium association, homeowners' association, or a conservation
organization.
7.14 Modifications.
7.14.01 The Commission may,afterapublichearing,permitthemodifica[ionoftheprovisionsofthisChapter.
However, in terms of modifying any dimensional requirement (lot area, width, setbacks, etc.), such
modification may not be greater than thirty-five percent (35%).
7.14.02 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 notbe any less desirable than the plan that could be created in
conformance with this Chapter;
3. The proposal shall not produce lots or street systems [ha[ 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 [ha[ the proposed modifications will produce equal or better
results, from the Commission's perspective, and represent the minimum modification
necessary.
7.14.03 Ifthc Commission determines that the applicant has met his/her burden, it may grant a modifcatidn 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.
Chapter 7: Open Space Standards For Major Subdivisions
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CITY OF CA&NEL & CLAY TOWNSHIP SUBDR9SIOti CONTROL ORDINANCE
EXHIBIT A
OPEN SPACE SCHEDULE
SUBDIVISION NAME:
1. SITE ACREAGE f
2. ZONE DISTRICT
3. MINIMUM OPEN SPACE REQUIREMENT (SOSR) / acres
4. OPEN SPACE PROVIDED (OSP) / acres
5. PRIMARY CONSERVATION AREAS
^ Well-head Protection Area ^ FEMA/IDNR 100 year Floodway
^ FEMA/IDNR 100-year Flood Fringe ^ Wetlands (>1/4 acJ
^ White River Comdor ^ Scmb Woodland
^ Steep slopes (10%) ^ Young Woodland
^ Mature Woodland ^ Historic Structures/Sites
^ Special Opportunity Corridor (identify)
^ Other _
6. NATURAL OPEN SPACE PROVIDED
7. AGRICULTURAL OPEN SPACE
8. DESIGNED OPEN SPACE
^ Square
^ Boulevard
^ Trails
^ Other
/ acres
/ acres
/ acres
Parks ^ Green
Greenbelt ^ Paths
Golf Courses ^ Pond (see below)
9. CONSERVANCY LOTS no. lots acres
10. PONDS total measured perimeter {in linear feet) ~_~l.f.
total measured accessible perimeter (not bounded) l.f.
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CITY OF CARMEL & CLAY TOWNSHIP SUBDIVISION CONTROL ORDINANCE
EXHIBIT 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.
1. The Open Space Conservation Map shall be a 24" x 36"plan, and include the following:
a. Title block, north arrow and scale;
b. name of project and date of preparation; name of preparer, contact information;
e. project boundary, including all adjoining parcels within six hundred (600) feet;
d. existing roads, buildings, utilities and natural features;
e. delineation of all Open Space Priority Areas (Section 7.05);
f. delineation ofwoodland classification aeeas (Section 7.OS.h,) including edges and sampling
points;
g. proposed roads, lots, storm water 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 [he constmction 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"format, addressing the following aeeas:
I. General Project Information:
a. The name of project and date of preparation;
b. The name of preparer, contact information;
c. A completed Open Space Schedule form;
d. A site context plan (1 I" x 17"), scale and north arrow and title block, and showing the site
boundary, existing roads, proposed road and lot layout, storm water management facilities,
' location of Open Space Priority Areas, location of project open space.
2. Ocen Space:
a. A written, itemized description of all Open Space Priority Conservation 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. Written and graphic description of afforestation and/or reforestation plans.
3. Maintenance and Operation Plan:
a. An estimate of staffing needs;
b. Insurance requirements;
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c. 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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CITY Ur CARMEL & CLAY TDW NSHIP SUBDIVISION CUNTRUL ORDINANCE
CHAPTER 7: OPEN SPACE STANDARDS FOR MAJOR SUBDIVISIONS
AMENDMENT LOG
Ordinance No. Docket No. Council Approval Effective Datc Sections Affected
Z-346
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