HomeMy WebLinkAboutDevelopment Report 10-10-03
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WESTON POINTS
CARMEL, INDIANA
Submitted By:
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Pittman Partners, Inc.
Carmel, IN 46032
Project Engineer.
Stoeppelwerth and Associates,lnc.
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L Development Report
IL Primary Plat Application
Ill. Utility Summary
IV. Site Location Map
V. Aerial Photo
VL Site Development Plan
VII. Entry Boulevard Plan
V[II. Townhome Elevations
IX. Residential Open Space Ordinance (ROSO I11)
Pittman Partners is proposing [o develop approximately 34.8 acres of property, located a[ 1 1300 North
Michigan Road in Carmel, Indiana. This petition is requesting to plat the front 14.8 acres which has a
zoning classification of B-2 Business and will remain undeveloped at this time with the exception of an
entry boulevard. The entry boulevard will provide access to [he easternmost 20 acres which has an R-4
Residential Zoning Classification. We are requesting primary plat approval on [he R-4 Residential land
utilizing the Residential Open Space Ordinance (ROSO III).
The property is long and narrow. The site is surrounded by difTering uses. To the west are vacant properties
that are in [he US 421 Overlay Zone and will eventually be developed into commercial properties. These
sites are partially in Carmel's' and partially in Zionsville's planningjurisdictions. To [he south, Weston
Pointe is adjacent to vacant property zoned B-2 and residential propeiTy [ha[ has an existing stub street into
• Weston Pointe and was developed utilizing [he old cluster option that has since been repealed. The
residential development is called The Westons and is also [n the east of the property. To the north is
undeveloped property zoned S-I and developed property zoned B-3.
As proposed, The Townhomes at Weston Pointe will consist of 130 units on 20 acres. The overall density
of [his area is 6.5 units per acre with 29% open space. The Residential Open Space Ordinance under the R-
4 zoning classification allows for 8 units per acre with 25% open space.
During the rezoning process, Pittman Partners worked diligently with the neighbors and established a se[ of
commitments which were recorded. These commitments included creating a green belt buffer on [he north
and south sides of the development of 30 feet and asetback/tree preservation area on [he east side of the
development of I50 feet that could only be encroached upon by drainage improvements. In addition, a
commitment was made that no 3 story townhomes could be built within l00' of the north and south
property lines and 200' of the east property line. The townhomes as proposed will not have any 3-story
townhomes. All townhomes will be 2-story with some I -story end units. The Townhomes will range in
size from 1350 square feet [0 1920 square feet. The average sales price is anticipated [o be around
5155,000.
•
APPLICATION FOR
PRIMARY PLAT (OR REPLAT~
Fee: $700.00 plus $35.00 per lot ($560.00)
DATE: August 22, 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 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: Steve Pittman
Address of Applicant: P. O. Box 554, Carmel, Indiana 46082
Phone No. (317) 580-9693
Name of Owner: Pittman Partners
Name of Subdivision: Weston Pointe
Phone No. (317) 580-9693
Legal Description: (To by typewritten on separate sheet and attached)
Units
Area (in acres): 34.826 Number of l~o~c 130 Length (in miles) of new
streets to be dedicated to public use: 0.42
Surveyor certifying plat: Dennis D. Olmstead - Stoeppelwerth & Associates, Inc.
Address: 9940 Alli'sonville Road, Fishers, Indiana 46038 phone No. (317) 849-5935
""~"""~~""~""~`~""i""""""""""""`*"'STATE OF INDIANA, COUNTY OF
Hamilton . SS:
The undersigned having been duly sworn, upon oath says that the above information
is true and correct as he or she is informed and "elieves.
SIGNATURE OF APPLICANT'.~~~-w. / Print:
Subscribed and sworn to before me this 22nd day of August
My Commission Expires: September 9, 2006
5.1.10 Application for Primary Plat Two (2) copies, or
of the construction plans together with suppoding documents
Current Planning with this application. These plans to be dis
Committee authorities by applicant.
FEE: Received by:
s:\plancomm\appl ictn. pc\primplat.apx
Steve Pittman
20 03
P~
~ ~r E. Bredlau
n primary plat and
submitted th Director of
LEGAL DESCRIPTION
A part of the Southwest Quarter of Section 6, Township 17 North, Range 3 East in
Hamilton County, Indiana, being more particularly described as follows:
Commencing at the Northeast corner of said Quarter Section; thence South 89 degrees 56
minutes 26 seconds West along the North line thereof 20.00 feet to the Northwest corner
of Park At Weston Place, Section Three, recorded as Instrument No. 9736778 in Plat
Cabinet 2, Slide No. 18 in the Office of the Recorder of Hamilton County, Indiana, said
point also being the POINT OF BEGINNING of this description; thence South 89
degrees 56 minutes 26 seconds West along said North line 2238.25 feet to a point on the
centerline of U.S. Highway No. 421 (Michigan Road); thence South 15 degrees 04
minutes 16 seconds East along said centerline 757.39 feet; thence South 89 degrees 49
minutes 00 seconds East along the North line of The Village At Weston Place, Section
Two, recorded as Instrument No. 9626949 in Plat Cabinet 1, Slide No. 686 in the Office
of the Recorder of Hamilton County, Indiana, and a westerly extension thereof 1319.37
feet; thence North 00 degrees 48 minutes 27 seconds East along a northern boundary line
thereof 74.91 feet; thence South 89 degrees 49 minutes 00 seconds East along a North
line of said plat and along the North line of Pazk At Weston Place, Section Two, recorded
as Instrument No. 9645748 in Plat Cabinet 1, Slide No. 733 in the Office of the Recorder
of Hamilton County, Indiana, 711.52 feet to the Southwest corner of aforesaid Pazk At
Weston Place, Section Three; thence North 00 degrees 48 minutes 27 seconds East along
the West line thereof 665.32 feet to the place of beginning, containing 34.825 acres, more
or less.
S/37963-34Acres/Legal
Augur[ S, 2003
SUBDIVISION VARIANCE
REQUEST APPLICATION
(Submit two (2) copies)
Fee: $655.00 plus $72.50 for each additional waiver request
Contact Person: Steve A. Pittman ~ Telephone No. 580-9693
Address: P.O. Box 554, Carmel, IN 46032
PROJECT NAME: Weston Pointe
PROJECT ADDRESS: 11300 North Michiean Road
APPLICANT NAME: Pittman Partners Inc.
ADDRESS: P.O. Box 554, Carmel. IN 46032
TELEPHONE: 580-9693
Section (Section Number, Page, Item) of Subdivision Regulations for which variance is being
requested: Section 7.5.7, Page 7-4, Woodlands - No more than 30% of lands occupied, as of December I,
1998, by Your Woodlands shall be cleared.
State explanation of why variance is being requested: During the rezone request we agreed with the
neighbors to reduce or even eliminate the number of townhomes that would be 3 story in height and that we
would maintain a setback or tree preservation area of 150'. By making all of our units 2 story we are
impacting 50% of the young woodlands and still maintaining the 150 buffer that we committed.
State reasons supporting variance request: This is what was negotiated at the time of the rezoning. By
changing our plan through working with the neghbors we have reduced our density from over I80 units to
130 units.
Present Zoning: R-4. Residence District Signature of Property Owner:
THIS APPLICAT/ON MUST BE SUBMITTED AT THE TIME OF THE PRIMARY PLAT APPLICATION.
VARIANCE REQUEST MUST BE /NCLUDED WITH THE PUBL/C NOTICE FOR THE PRIMARY PLAT.
APPLICATION FEE: $
EXHIBIT A
OPEN SPACE SCHEDULE
SUBDIVISION NAME: Weston Pointe
1. SITE ACREAGE 34.826
2. ZONE DISTRICT C4/R4
3. MINIMUM OPEN SPACE REQUIREMENT (SOSR)13% / 2.5 acres
4. OPEN SPACE PROVIDED (OSP) 29% / 10.293 acres
5. PRIMARY CONSERVATION AREAS
^ Well-head Protection Area
^ FEMA/IDNR l00 year Flood Fringe
^ White River Corridor
^ Steep slopes (10%)
^ Mature Woodland
^ Special Opportunity corridor (identify)
^ Other
^ FEMA/IDNR 100 yeaz Floodway
^ Wetlands (>1/4 ac.)
^ Scrub Woodland
^ Young Woodland
^ Historic Structures/Sites
6. NATURAL OPEN SPACE PROVIDED
7. AGRICULTURAL OPEN SPACE
8. DESIGNED OPEN SPACE
6% / 2.068 acres
/ ' acres
23% / 8.225 acres
^ Square ^ Parks ^ Green
^ Boulevard ^ Greenbelt ^ Paths
^ Trails ^ Golf Courses ^ Pond (see below)
^ Other
9. CONSERVANCY LOTS no. lots acres
10. PONDS total measured perimeter (in lineaz feet) 2,485.15 I f
total measured accessible perimeter (no[ bounded) 2+485.15 I.f.
LEGAL DESCRIPTION
A part of the Southwest Quarter of Section 6, Township 17 North, Range 3 East in
Hamilton County, Indiana, being more particularly described as follows:
Commencing at the Northeast corner of said Quarter Section; thence South 89 degrees 56
minutes 26 seconds West along the North line thereof 20.00 feet to the Northwest corner
of Park At Weston Place, Section Three, recorded as Instrument No. 9736778 in Plat
Cabinet 2, Slide No. 18 in the Office of the Recorder of Hamilton County, Indiana, said
point also being the POINT OF BEGINNING of this description; thence South 89
degrees 56 minutes 26 seconds West along said North line 2238.25 feet to a point on the
centerline of U.S. Highway No. 421 (Michigan Road); thence South 15 degrees 04
minutes 16 seconds East along said centerline 757.39 feet thence South 89 degrees 49
minutes 00 seconds East along the North line of The Village At Weston Place, Section
Two, recorded as Instrument No. 9626949 in Plat Cabinet 1, Slide No. 686 in the Office
of the Recorder of Hamilton County, Indiana, and a westerly extension thereof 1319.37
feet; thence North 00 degrees 48 minutes 27 seconds East along a northern boundary line
thereof 74.91 feet; thence South 89 degrees 49 minutes 00 seconds East along a North
line of said plat and along the North line of Park At Weston Place, Section Two, recorded
as Instrument No. 9645748 in Plat Cabinet I, Slide No. 733 in the Office of the Recorder
of Hamilton County, Indiana, 711.52 feet to the Southwest comer of aforesaid Park At
Weston Place, Section Three; thence North 00 degrees 48 minutes 27 seconds East along
the West line thereof 665.32 feet to the place of beginning, containing 34.825 acres, more
or less.
S/37963-34Acres/Legal
Augur[ 8, 2003
u
Water System
The water supply will be provided by [he Indianapolis Water Company by connection to an existing water
main.
Sanitary Sewer System
Sanitary sewer service will be provided by Clay Township Regional Waste District. There is an existing
sanitary manhole located in The Westons which is to [he south of subject property.
Storm Drainaee Svstem
Drainage system will consist of a system of storm sewers which will convey storm water runoff from inlets
located in the streets and rear yards to a connected stonn water detention pond.
Electric
• The electric service for this development will be provided by Cinergy. An existing Cinergy power line is
located along US 421.
Gas
The natural gas service for this development will be provided by Vectren Energy. A gas main is located on
US 421 and in The Westons.
Teleahone
The telephone service for this development will be provided by SBC. Existing telephone service is
available along the US 421 and in The Westons.
Cable TV
The cable service for [his development will be provided by Brighthouse. Existing cable service is available
along US 421 and in The Westons.
•
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9DSMITiAL DATE 8/22103
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NORTH BUFFERYARD - TYPE C REOUIREMEMS t350LF =13.5 PLANT UNITS _
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ME SCHNEiDEA CORPORADON
4821 E~ New tAUrkel Slreet
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Carmel, Im 46032
Telephone: 317, d6A 6112
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PORTRAIT
HOMES
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PORTRAIT
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CiTI' OF Ca R~~~EL 5 QAl' TON'NSH(P SUBDICISION COUTROL ORDW ANCE
CARMEL/CLAY SUBDIVISION CONTROL ORDINANCE;
CHAPTER 7: OPEN SPr\CE STANDARDS FOR MAJOR SUBDIVISIONS (ROSO III)
7.0 Subdivision Open Space Design.
7.1 Subdivision Base Densitv.
7.2 Subdivision -Densitv Incentive.
7.i Open Space Schedule.
7 4 General Standards For Ooen Space.
7.i Open Space Priority Areas.
7.6 Standards For Natural Open Soace.
7.7 Woodland Evaluation.
7.8 Standards For Agricultural Open Soace.
7.9 Standards For Designed Open Soace.
7.10 Standards For Conservancy Lots.
7.I I Permanent Protection Through Conservation Easements.
7.12 Ownership of Open Space and Common Facilities.
7.13 Maintenance.
ZI4 Modifications.
EXHIBIT A: Open Space Schedule.
EXHIBIT B: Open SRace Conservation Plan Preparation Guidelines.
The Open Space Subdivision design approach has been adopted to ensure a minimum amount ofneighborhood
open space is integrated within all Major Subdivisions. Open Space should be set aside for active or passive
uses, and provide a network ofopen space. The open space regmrements 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 ofopen space within subdivisions, the ordinance allows for smaller lots,
and reduced yard areas. The ordinance also allows fora density increase bonus when minimum requirements
for open space are exceeded.
7.0 Subdivision Open Space Design.
7.0.1 Major Subdivisions with community water and community sewer that meets the Standard Open Space
Requirement (SOSR) set fonh in Section 7. /shall be exempt from the area, yard, width, and coverage
standards set forth in Sections 3.11, 5.4.3, 6.1.2. G 1.3. 7.1.7, 7.4.3, 8.1.?, 8.1.3. 9.1. ?. 9.1.3, 10.51,
and lOS3 of the Zoning Ordinance, however, the minimum distance between dwellings shall be six
(6) feet-
7.0.2 Minor subdivisions shall be exempt from the requirements of [his Chapter.
7.03 Major subdivisions with a gross density of I.0 units per acre or less shall be exempt from the
requirements of this Chapter.
Chapter 7: Open Space Standards For Major Subdivisions
7-I
as amended per Z-3d6
Summer 2u02 v l
CITY OF CARMEL 5 CL.iY TOMNSIIIP SURDII ISION CONTROL ORDINANCE
i 7.1
Subdivision Base Density-
The base density permitted for new subdivisions is set forth below. The percentages in the following table refer
to 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°/ 1.0
S-I Very Low Intensity IS% 1.3
S-1 Low Intensity 20% 1.8
s-2 zo°i° z.a
R-I 20% 2.9
R-2 20°/u 3.9
R-3 25% 5.0
R-4 25% 8.0
RS 25% 12.0
7.2
Subdivision -Density Incentive.
The gross base density (units/acre) ofa subdivision Inay be increased above the permitted base density, set Forth
in Section 7.1, by the application of a factor of one and one-half percent (I S%) of the base density for each
increase of one percent (I%) in the percentage of the site acreage that is devoted to open space. Expressed
mathematically: PD=BDx(1+IS(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
7.3 Ooen Soace 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. (Exhibit .J.). Subdivision open space is divided into four (a)
categories: Natural Open Space, Agricultural Open Space, Conservancy Lots, and Designed Open Space.
73.1 Natural Ooen 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:
for the purpose of passive neighborhood recreational use{
2. to protect scenic views; or
3. to minimize views of new development from existing roads.
7.3.2 AGRICULTURALOPENSPACE(SeeS'ec[iorrZB). Agricultural Open Space includes all land areas
set aside for agriculhl rat uses, including pastureland.
73.3 CONSERVANCY LOTS (See Sec/ion 7 /~). Conservancy Lots are intended to be used primarily as
large lot residential uses which serve as a buffer and/or transition to pockets oFlow intensity, very low
intensity,and residential estate subdivisions.
Chapter 7: Open Space Standards For Nlajor Subdivisions
7.2
as amended per Z-3a6
$ummcr'_UU? vl
CIT1 OP CA RAIEL K CLAY TOWNSn1Y SDPDI\ ISION CONTROL ORDIF aNC[
73.4 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 ac[ as neighborhood focal points.
7.4 General Standards For Ooen SDace.
All subdivision open space that is se[ aside for common use, shall be designed using the standards se[ forth
within each open space category, and per the general requirements below.
7.4.1 Any lot within a subdivision shall be located within a 1000'radius ofOpen Space to help ensure safe
and convenient access to the greatest number of lots within the subdivision.
Z42 Open space must also be accessible for land managemem and emergency purposes.
7.43 Open space must be easily and permanently identifiable as open space through one or more of the
following: maintenance prat[ices, permanent signage, permanent monuments, paths or walks, walls,
or low fencing.
7.4.4 Open space intended for active recreational use must be suitable for such use without posing
interference with adjacent dwelling units, parking, driveways, and roads.
7.4.5 Open space shall be undivided by streets or alleys, except where necessary for proper traffic
circulation-
7.4.6 Open space must be Free of all structures, and buildings except For struchues 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 [o the usability ofopen space.
7.4.7 There shall be submitted an Open Space Conservation Plan as pan ofthe Primary Plat application. The
Open Space Conservation Plan shall address the intended use ofproject open space, and shall comply
with the Commission Open Space Conservation Plan Guidelines (Exhibit B).
ZS Omen Snace Priority Areas.
Open Space Priority Areas shall be protected to the extent indicated below, and may be utilized as project open
space:
7.5.1 Public Wellhead Protection Areas representing a two hundred-foot (200') radius control area around
the wellhead, shall be protected in their entirety.
7S2 The complete sealing of all lakes, ponds, or other water impomrdment ofany kind located within the
one-year time of [ravel for any existing public wellhead- No lakes, ponds or other water impoundment
ofany kind shall be allowed within the two hundred-foot (200'1 radius of a public wellhead.
7.53 The proposed subdivision ofany tract shall be designed to cause the least practicable disturbance to
Chapter 7: Open Space Standards For I~lajor Subdivisions
7-3
as amended per `L-346
Summer 2002 v I
CITI' OF G\R~~IEt. & CL>1 T00.S1SHIV SU aDI VISION CONTROL ORDINANCE
nahiral inti ltraiion and percolation of precipitation to the groundwater table, through careful planning
of vegetation and land disturbance ac[rvities, and the placement of streets, buildings and impervious
surfaces.
7.5.4 All FEMA and IDNR 100-Year Floodwav and Floodwav Fringe Areas shall be preserved in their
entirety, however;
Alterations to Floodwav and Floodwav 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 of native vegetation within 100-year Boodway fringe
areas shall be prohibited, except as may be required by the Hamilton County Drainage Board,
or Carmel Board of Public Works and Safety.
7.5.5 Federal Jurisdictional Wetlands of'/ acre or greater shall be preserved in [heir entirety, including a
fifty-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.
7.5.6 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 ofa 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 [o the White River. "this buffer
strip serves to help maintain or improve water and habitat quality along the River's length through
Clay Township,
7.5.7 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 Young 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 determined below.
Evaluation criteria and protection For woodlands are found in Section 7. 7:
I. No more than fifteen percent (I5%) of lands occupied, as oFDecember I, 1998, by Mature
Woodlands shall be cleared.
No more than thirty percent (30%) of lands occupied, as of December I, 1998, by Young
Woodlands shall be cleared.
3. No more than fifty percent (50%) of lands occupied, as of December I, 1998, by Scrub
Woodlands shall be cleared.
7.5.8 Special Ooportubity Corridors are linear, unbuildable areas subject to restrictions by major pipeline
companies or public utilities. These corridors extend for long distances through Carmel/Clay, and
provide a tremendous opportunity for low-impact improvements such as multi-purpose trails and
landscaping. All Pipeline easements, and high voltage electrical tranvnission lines within easements
and delineated as Special Opportunity 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 trail system shall
be a requirement for all new subdivisions directly impacted/encumbered by Special Opportunity
Corridors.
7.5.9 Historic Structures and Sites shall be preserved as provided below. IMany of the community's historic
structures and sites (resources) have been extensively researched and remain intact For purposes of
Chapter 7: Open Space Standards For Major Subdivisions
7-4
as amended per `l.-346
Swnmcr?OU_'v~
CITY OF CANNEL 3 CLA 1' TO\\'NSHIV SUBDIV ISION CON rROL ORDINANCE
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 Carniel/Clay Township-
Plans requiring subdivision approval shall be designed [n 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.
7.6 Standards For Natural Open Space.
The following represent minimum standards to reduce adverse impacts on Natural Open Space.
7.6.1 Natural Open Space consists of any Open Space Priority Area (Section ZS). Natural Open Space
Areas are generally the preferred form of project open space, opportunities for Natural Open Space
should be exhausted prior [o implementation of other open space types.
7.6.2 Natural Open Space areas may be altered, but only [o 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.
7.63 Unless otherwise approved by the Commission, each Natuml Open Space area must:
Be a minimum area of one-half acre;
2. Have a minimum 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 qual ified professional, acceptable to the Director. This evaluation shall be submitted as a written report,
included with and supplemental to the Open Space Conservation Plan.
7.7.1 Evaluation of Trees. The goal of woodland preservation into ensure trees remain assetsro[he site for
years to come. Single trees and woodlands that are preserved within Project Open Space, therefore,
must meet the following minimum standards:
I- Alife 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.
~. No major insect or pathological problem.
r~
Chapter 7: Open Space Standards for Major Subdivisions
7S
as amended per L-dJ6
tiummcr _'0(13 vl
CITY Or CARAJEL S CLA Y" TO W NSHI P SUnnl l IS~ON COM'ROt_ GRDIN'\NCE
7.7.2 Woodland Protection Practices. Protecting the root zone is the most critical factor in tree preservation
throughout the development process. Dishtrbance within this area directly affects tree survival. To
protect root zones, the following standards apply:
I. 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)
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 less than the total area beneath the
tree(s) canopy as defined by the farthest canopy of the tree(s) plus alive-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 storm water routed around those areas deemed intolerant of
an increase of additional flow from urbanization.
5. Disturbed areas adjacent to tree preservation zones shall be mulched to provide additional
protection [o 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.
7. Woodland clearing shall not be permitted prior to Secondary Plat approval.
8. The determination ofsight distance clearances along roadways shall be made graphically, not
by clearing woodlands on-site prior to Secondary Plat approval.
7.73 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:
The base planting unit for Afforestation within or adjacent to Natural Open Space shall be for
each five hundred (500) square feet and include:
a. one (I) shade tree
b. four (4) whips
twelve (12) inch seedlings spaced on three (3) foot centers.
2. Where specimen trees, stands oftrees or woodlands with in 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 he planted pursuant
to the above standards for rfforestation.
3. A landscape buffer of native trees and shrubs is required adjacent to \4oodland open space
Chapter 7: Open Space Standards For Major Subdivisions
7-6
as amended per Z-3d6
Sununcr3Un2vI
CIT)' OF G\RM1IEL K CL.\\' TplvN41IP $Lnnl\ ISION CONTROL ORDM:\NCE
. areas that have been opened up due [o land clearing activity. Planting shall occur per Exhibit
C, Perimeter Buffering.
4. "free 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_ 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
animals likely to produce offensive odors.
7.3.1 The minimum land area for Agricultural Open Space shall be five (5) acres.
7.3.2 Pastureland is land reserved for horses that are solely for recreational purposes.
7.3.3 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 [he following forms; however, the Commission may
consider and approve other forms not described in this section, pursuant to the criteria in Section 7 9. l l:
7.9.1 Sic wares. Squares are areas designed as neighborhood focal points and/or minor destination points for
sitting or strolling and located a[ the intersection of neighborhood streets.
I. Squares shall be no greater than 10,000 square feet, with a minimum width of seventy-five
(75) fee[.
2. Streets shall bound squares on a[ least two (2) 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, birdbaths, and fountains.
7.9.2 Parks. Parks are open space areas designed specifically for, and equipped for, the play of small
children.
I. Parks shall have a minimum area of 10,000 square feet, with a minimum average width of
ninety (90) feet.
2. One (I) point ofaccess 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, ashort walking distance from dwellings.
7.9.3 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 ofone
Chapter 7. Open Space Standards For Nl ajur Subdivisions
7- 7
as amended per Z-346
Swnlner 2Dtl? v ~
CIT\' OF C~RdI F.L ,O CLAY TOWNSHIP SUBDI~ ISION CONTROL ORDIN ONCE
hundred Ffty (150) feet.
2. Greens shall be bound on three (3) sides by streets or house facades.
7.9.4 Boulevards. Boulevards are linear open spaces located withinapublic or private stree[and consist of
1. a linear street median, at least ten (10) fee[ wide;
2. tree lawns along each side of the street, at least ten (10) fee[ wide, and planted in a formal
manner with street trees located on consistent spacing;
paral IeImulti-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 (10)
feet.
7.9.5 Greenbelts. Greenbelts are located along [he 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.
7.9.6 Plantin SQ trips. Planting Strips are spaces required per Section 6.3./9oflhe Subdivision Regulations,
and may contribute up [o fifteen percent (I 5°/) of the SOSR.
7.9.7 Trails. W hen a subdivision is traversed by or abuts a proposed or e.eisting 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 Carmel;
1. If located outside ofthe street right-o f--way, and upon private ground, the trail shall be placed
within a conservation easement, a minimum of thirty (30) fee[ in width. The language of [he
conservation easement shall be to the satisfaction ofthe Commission upon recommendation
of the Commission attorney.
2. No trail shall be designed with the intent to accommodate motorized vehicles.
7.9.8 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 pertnanent conservation
and common access easement shall protect them.
The minimum width for the easement shall be fifteen (I S) feet and shall have a length to
width ratio of 10:1-
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 subgrad e, and a
minimum of five (5) feet in width.
7.9.9 Golf Courses. Golf Courses, excluding associated driving ranges or miniature golf facilities, may
comprise up to half(i0%) of the SOSR. However, lands devoted to parking areas, clubhouses, and any
other Assessory Structures shall not count toward the SOSR.
7.9.10 Ponds. Storm water 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 oFlhe SOSR,
based on a percentage equal to that portion of a pond's perimeter which is not bounded by lots (e.g.
thirty percent (30%) bowtded by lots, seventy percent (70%) Open Space).
7.9.1 I The Commission may approve other forms of Design Open Space ifa proposed open space meets the
Chapter Z Open Space Standards For Nl ajor Subdivisions
7-ft
as amended per Z-346
Swnmcr AIU'_ c l
c r n' or or an iei .r cu v rou~~usniv suarn~asion cournoc oaoin in~ce
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; to[ lot or playground; an area for court games, or a rogue or croquet Held,
3. I[ meets the general description of Designed Open Space found in Section 7.3. D.
4. It meets the General Standards for Open Space, Sectron 7. a.
7.10 Standards For Conservancv Lots.
Conservancy Lots may be used where applicants opt to develop portions of [heir property at very low densities
and offer [o place a restr~etive conservation easement preventing future subdivision of the newly created
parcels.
7.10.1 Conservancy Lots shall be a minimum of five (5) acres.
7.10.2 Minimum front yards for Conservancy Lots:
Primary Structures: two hundred (200) feet from right-of=way
2. Accessory Structures: hvo hundred twenty-five (225) feet from right-of--way.
7.103 Up to fifty percent (50%) of each Conservancy Lot may contribute to the OSP.
7.10.4 Conservancy Lots may contribute up to fi fty percent (50%) of the overall SOSR.
7.1 I Permanent Protection Through Conservation Easements.
7.I l.I Subdivision open space shall be subject to permanent conservation easements prohibiting future
development and defining the range of pemritted activities.
7.112 The Commission shall review 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 o(Open Space and Common Facilities.
7. f2.1 Ownership Options. The methods below may be used, either individually or in combination, [o 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.
7.12.2 Open space shall not be transferred [o 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
faciti[ies or in the open space ratio of [he overall development. Ownership methods shat l conform to
the following:
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.
Chapter 7: Open Space Standards For Major Subdivisions
7-9
as amended per Z-34G
Suininer'U02 c I
CrrY OF C \&UEL 3 CL>1' TOwN$HIP $URDI VISION CONTKOL r1RDIN ~NCF.
Z. Condominium Association. Common facilities may be controlled through [he use of
condominium agreements. All open land and common facilities shall be held as common
element.
Flomeowners' 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. In addition, the following regulations shall be meC
a. The applican[shall provide[he Commission adescription 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 shat I 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) forall purchasers of
dwelling units [herein 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 must be given to all members
of the association.
The association shall have adequate staff[o administer, maintain, and operate such
common facilities.
J. Private Conservation Organization. With permission of [he Convnission, 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 bonnJic(e
conservation organization intended to exist indeFnitely;
b. the conveyance contains appropriate provisions for proper reversion or retransfer
in [he even[ [ha[ [he organization becomes unwflling or unable [o 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. Amaintenance agreement acceptable to the Commission is established between the
owner and the organization.
?. Dedication of Easements to the f ark Board. The Park Board may, but shall not be required
tq accept easements for public use of any portion of the common land or facilities. In such
Chapter 7: Open Space Standards For Major Subdivisions
7- I O
as amended per "L-3-V6
tiummer 2U03 v~
CI lP OF CARhIEL 3 CU\' TON'NSHII' SU aDIF ISION COtu fROL ORDINaNCE
cases, the facility remains in the ownership of the condominium association, homeowners'
assocation, 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.
6. Non-Common Private Ownership(Conservancv Lots 1. 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 oF75%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 ro by [he Ptan 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
7.14.1 The Commission may, aftera public hearing, permi[the modification of [he provisions of [his Chapter.
However, in terms of modifying any dimensional requirement (lot area, width, setbacks, etc.), such
modification may not be greater than thirty-five percent (35%).
7.14.2 Any approval to permit such a modification shall be subject to the following criteria:
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
conformance with [his 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 ernergency
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 [he minimum modifcation
necessary.
7.14.3 IFthe Commission determines that the applicant has met his/her burden, it may grant a modification of
the requirements of this article. In granting modifications, the Commission may impose such
conditions that will, in itsjudgment, secure the objectives and purposes of this Chapter.
Chapter 7: Open Space Standards For Major Subdivisions
as amended per Z-346
Cwnmer 2002 ~ ~
CIrP Or G\KAIEL 5 CL{y TO\VNSHIP $UeOll'ISION CONTKOL OI<DINANCE
EXFIIBIT A
OPEN SPACE SCHEDU LE
SUBDIVISION NAME:
I. 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 (> I/4 ac.)
^ Whitc River Corridor ^ Scrub Woodland
^ Steep slopes (10%) ^ Young Woodland
^ Mature Woodland ^ Historic Structures/Sites
^ Special Opportunity Corridor (identify)
^ Other
6. NATURAL OPEN SPACE PROVIDED / acres
7. AGRICULTURAL OPEN SPACE / acres
8. DESIGNED OPEN SPACE / acres
^ Square ^ Parks ^ Green
^ Boulevard ^ Greenbelt ^ Paths
^ Trails ^ GoIFCourses ^ Pond (see below)
^ Other
9. CONSERVANCY LOTS no. lots acres
10. PONDS total measured perimeter (in linear feet) Lf.
total measw~ed accessible perimeter (not bounded) Lf.
• Chapter 7: Open Space Standards For Major Subdivisions
7-I?
as amended per 7-3afi
Sw mncr 'UU'_ cl
CITI' Or CANM F.L 3 CL,>l' IOw NSIIIV SVBDII I510N l ONTROL OHDIi~ANCE
EXFIIBIT B
OPEN SPACE CONSERVATION PLAN
PREPARA"fION GUIDELINES
A. Tl+e 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 24" x 36" plan, and include the following:
a. Title block, nonh arrow and scale;
b. name of project and date of preparation; name of preparer, contact in fom+ation;
c. project boundary, including all adjoining parcels within six hundred (6UU) feet;
d. existing roads, buildings, utilities and natural features;
e. delineation of all Open Space Priority Areas (Section 7 S);
f. delineation of woodland classification areas (Section 7 i. E) including edges and sampling
points;
proposed roads, Tots, storm water managemem facilities, community buildings and utilities;
h. proposed project open space and common areas;
i. wrinen 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, 8S" x 1 I" format, addressing the following areas:
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 conteu plan (I 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. Open Space:
a. A written, itemized description of all Open Space Priority Conservation Areas:
b. Written descriptions oFother proposed project open spaces;
Chapter 7: Open Space Standards For Major Subdivisions
7-1
as amended per "L-3-16
Summer?002 vl
CIT1' OF Cd RMEL K rL,w TONWSVI IV $VaDI\ 190N CONTROL OKUIId.\NCE
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;
c. Detine 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.
r~
~J
Chapter 7: Open Space Standards For Major Subdivisions
7- 14
as amended per "/.-346
Swnmct ?(IlL' v 1
CITY Or C i R~~l F.I. k CL.\Y T06'NSHIP $i ~ nDICISION CONTROL ORnINr\NCE
CHAPTER 7: OPEN SPACE STAIVDARDS FOR MAJOK SUBDIVISIONS
A~IENDIYIENT LOC
Ordinance No. Docket No. Council Approval Effective Date Sections A((ected
Z-34G
CJ
• Chapter 7: Open Space Standards For ICI ajor Subdivisions
7-IS
as amended perL-3d6
Summer ?ll(C v I