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CARMEL PLAN COMMISSION
- MEMORAN l UM-
Date: September 7, 2012
To: Plan Commission Members
From: Adrienne Keeling
Department of Community Services
Re: September 18th Plan Commission meeting — Docket No 12010005 OA; Z- 558 -12, As Amended
Enclosed is the information packet for the following item. If you have any questions, please give me a call at
571 -2417.
Docket No. 12010005 OA: Patch Ordinance IX, As Amended by City Council, Ordinance Z-558-12. The
applicant seeks to amend Subdivision Control Ordinance Chapter 3: General Provisions and Chapter 7: Open Space,
Standards for Major. Subdivisions. The applicant also seeks to amend Zoning Ordinance Chapter 2: Compliance with
the Regulations, Chapter 3: Definitions, Chapter 5: S -1 /Residence District, Chapter 6: S -2 /Residence District, Chapter
7: R -1 /Residence District, Chapter 8: R- 2/Residence District, Chapter 9: R -3 /Residence District, Chapter 10. R-
4 /Residence District, Chapter 20A: 1-1/Industrial District, Chapter 20G: Old Meridian District, Chapter 21: Special Uses
& Special Exceptions, Chapter 238: US Highway 31 Corridor Overlay Zone, Chapter 23C: US Highway 421 —
Michigan Road Corridor Overlay Zone, Chapter 23F: Carmel Drive — Range Line Road Overlay Zone, Chapter 24:
Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage Regulations, Chapter 25:
Additional Use Regulations, Chapter 26: Additional Height, Yard, Lot Area and Buffering Regulations, Chapter 31:
General Provisions and Appendix A: Schedule of Uses. Filed by the Carmel Department of Community Services on
behalf of the Carmel Plan Commission.
Please find enclosed a revised ordinance amendment draft which reflects the Subdivision Committee's
response to the amendments adopted by the Carmel City Council. As before, yellow highlighting reflects the
amendments made by the Council. The gray highlighting reflects the discussion of the Subdivision Committee.
Don't hesitate to contact me with any questions.
SUBDIVISION'CONTROL ORDINANCE
3.07 WAIVERS (PAGE 3)
The Subdivision Committee recommends further amendment to this section in response to the
Council's limit of 10% on Subdivision Waivers. The: proposed amendment (highlighted in gray)
simply mirrors Indiana Code Section 36 -7 -4 -702, which authorizes Plan Commission, not the
Council, to grant waivers from the Subdivision Control Ordinance without limitation.
The full spreadsheet is enclosed which lists Subdivision Waivers granted by the Plan Commission
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CARMEL, INDIANA 46032 317/571 -2417
since 2004, and is summarized herein. Indiana Code, along with these figures, were the primary
reasons behind the Subdivision Committee's recommendation:
a 76 Subdivision Waivers have been granted by the Plan Commission since 2004.
o 35 of the 76 were Dimensional /Quantitative.
® Among the 35 Dimensional Waivers, the percentage & type were as follows:
o 5 Waivers were 0 -10% Waivers
• 3 Waivers of the 50' minimum lot width at a public street
• 1 Waiver from the maximum block length of 1500'
• 1 Waiver from the minimum distance of 6' between foundations.
o 9 Waivers were 11 -35% Waivers
• 4 Waivers of the maximum cul -de -sac length of 600'
• 2 Waivers from the minimum street curvature radius
• 1 Waiver from the maximum % woodland clearing
■ 1 Waiver from the minimum open space %
• 1 Waiver from minimum right of way width and pavement section
o 21 Waivers were > 35%
• 8 Waivers from the minimum 200' distance of rear Tots from
arterial/parkway/collector
■ 5 Waivers of the maximum cul -de -sac length of 600'
• 4 Waivers of the 50' minimum lot width at a public street
• 3 Waivers from the maximum % woodland clearing
• 1 Waivers from the minimum street curvature radius
ZONING ORDINANCE
31.06.05 RULES GOVERNING COMMITMENTS (PAGES 18/19)
The Subdivision Committee recommends further amendment to this section due to the fact that
some Commitments are agreed upon at the meeting. Requiring a Commitment document prior to
the final vote could cause petitioner wait until the next meeting. Instead, the Subdivision Committee
recommends that subsequent development approvals (development plans, secondary plats,
building permits, etc) be withheld pending the receipt of the recorded commitment. Additionally, the
Plan Commissions approval could be nullified if a recorded commitment is not received within 90
days.
2012 -0918, 12010005 OA. PC Memo regarding Council amendments.docx
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CARMEL, INDIANA 46032 317/571 -2417
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ORDINANCE Z- 558 -12, As Amended
Sponsor: Councilor Rider
4 AN ORDINANCE OF THE COMMON COUNCIL OF THE
5 CITY OF CARMEL, INDIANA
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7 An Ordinance Updating a Variety of Provisions of the Carmel Zoning Ordinance (Patch IX)
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9 WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36 -7-
10 4), each unit of local government that wishes to adopt land use and zoning ordinances must first approve by
11 resolution a comprehensive plan for the geographic area over which it has jurisdiction; and
12 WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was
13 given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and
14 duly approved by Resolution No. CC- 05- 04 -09 -02 of the Common Council on May 4, 2009, and is therefore
15 the official Comprehensive Plan of the City of Carmel and Clay Township; and
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17 and
WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning Ordinance;
18 WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to amend the
19 text of the zoning ordinance; and
20 WHEREAS, pursuant to Indiana Code 36 -7 -4 -701 the Common Council is authorized to amend the
21 text of the Subdivision Control Ordinance; and
22 WHEREAS, pursuant to Indiana Code 36 -7 -4 -610 and City of Carmel Ordinance No. D- 1600 -02,
23 the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City
24 Code;
25 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel,
26 Indiana, that, pursuant to IC 36 -7 -4 -600 and IC 36 -7 -4 -700 et seq. and after Docket No. 12010005 OA
27 having received favorable recommendations from the Carmel Advisory Plan Commission on Tuesday, May
28 15, 2012, it hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z -289, as
29 amended) and the Carmel Subdivision Control Ordinance (Ordinance No. Z -160), as amended, to read as
30 follows:
31 Section I:
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33 SCO Chapter 3: General Provisions:
34 a. Amend Section 3.06: Amendments to the Subdivision Ordinance to read:
35 3.06 Amendments to the Subdivision Ordinance.
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Pursuant to I.C. 36 -7 -4 -701, the Subdivision Control Ordinance shall be adopted, amended, or repealed in the
same manner as the Zoning Ordinance. The procedures are as follows:
1. The proposal may be initiated by either the Commission or the Council; however, if the Council
initiates the proposal, it shall require the Commission to prepare it.
2. The Commission shall prepare the proposal so that it is consistent with applicable state law.
In considering the proposal, both the Commission and the Council shall pay reasonable regard to:
i. the Comprehensive Plan; in the event that a City -wide policy and area - specific policy conflict,
the area - specific policy shall apply.
ii. current conditions and the character of current structures and uses in each district;
iii. the most desirable use for which the land in each district is adapted;
Ordinance Z- 558 -12, Council Version B
Plan Commission Revisions, 09 /18/2012
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iv. the conservation of property values throughout the City and the Township; and
v. responsible development and growth.
4. The Commission shall give notice and hold a public hearing on the proposal in accordance with its
Rules of Procedure.
5. Within ten (10) business days after the Commission determines its recommendation (if any), the
Commission shall certify the proposal to the Council with a favorable recommendation, an unfavorable
recommendation, or no recommendation from the Commission.
6. The Council shall vote on the proposal within ninety (90) days after the Commission certifies the
proposal. The Council's consideration of the proposal is governed by IC 36 -7 -4 -607.
7. If the proposal is adopted, the Commission shall print the amendments to the Subdivision Control
Ordinance in book or pamphlet form, or arrange for them to be included in the City's Code of
Ordinances.
8. Unless the proposal provides for a later effective date, the amendments contained in the proposal take
effect when the proposal is duly adopted, except for any provision prescribing a penalty or forfeiture
for a violation, which may not take effect until the Commission complies with the applicable notice
and filing requirements described in IC 36 -7 -4 -610.
9. Should the City Council reject the proposed amendment to the Subdivision Ordinance, by vote or by
default, said proposed amendment shall not be reconsidered by the Commission or the City Council
until the expiration of one (1) year after the original recommendation of the Commission.
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materials and the application fee, as indicated in Section 29.6 of the Zoning Ordinance, to the Building
Commissioner-
e€ecedure
Ordinance Z- 558 -12, Council Version B
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Plan Commission Revisions, 09/18/2012
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Ordinance if an affirmative vote of at least seventy five percent (75%) of the members of the City Council is
necessary affirmative vote within ninety (90) days after the negative recommendation is madc by the
reconsidered by the Commission or the City Council until the expiration of one (1) year after the original
Amend Section 3.07: Variance to read:
3.07 VarianeeWaivers.
3.07.01 Pursuant to I.C. 36 -7 -4 -702, the standards fixed in the subdivision control ordinance may be waived by
the Commission (or plat committee acting on the Commission's behalf); however, to be approved, the
plat must still meet all applicable standards prescribed in the zoning ordinance (other than standards
modified by variance in accordance with the I.C. 36 -7 -4 -900). As a condition of granting a waiver
under this subsection, the Commission may allow or require a commitment to be made by the applicant
under l.C.36 -7 -4 -1015.
3.07.01 Pursuant to 1.C. 36 7 4 702, the Commission may, after a public hearing, waive any of the standards
b., the Council
3.07.02 Any approval to grant a waiver shall be subject to the following criteria:
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commitment to be made by the applicant under I.C. 36 7 1 1015.
Ordinance Z- 558 -I2, Council Version B
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Plan Commission Revisions, 09/18/2012
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SCO Chapter 7: Open Space Standards for Major Subdivisions:
c. Amend Chapter 7 Introduction, Section 7.00 through 7.02 to read:
7.00 Subdivision Open Space Design.
The Open Space Subdivision design approach has been adopted to ncourage
neighborhood open space is integrated within all Major Subdivisions. Open Space should be set aside for active
or passive uses, and provide a network of open space. The open space requirements emphasize the protection of
natural areas, such as flood zones and woodlands, but also allow for more structured open spaces, such as parks
or squares, as well as for agricultural open space in the form of fields or pasture. Open space should be
consistent with the goals, objectives and policies set forth in the Comprehensive Plan.
for open space are exceeded.
7.0001 Exemptions.
7.00.01 unassigned.
7.00.02 Minor subdivisions shall be exempt from the requirements of this Chapter.
7.00.03 Major subdivisions with a gross density of .85 units per acre or less shall be exempt from the
requirements of this Chapter.
7.0402 Subdivision rfrase-Densitipen Space Requirements.
. • - . - . 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
Chap
RESIDENCE
DISTRICT
(PER ZONING
ORDINANCE)
STANDARD
OPEN SPACE
REQUIREMENT
(SOSR)
S 1-1=evteffsity
15%
S -2
20%
R -1
20%
R -2
20%
R -3
25%
R -4
25%
R -5
25%
7 0n�w;essn
Ordinance Z- 558 -12, Council Version B
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Plan Commission Revisions, 09/18/2012
1 d. Amend Section 7.14: Modifications as follows:
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7.14 Modifications unassikned
1. The proposal shall be in harmony with the purposes and the land use standards contained in
this Chapter;
3. The proposal shall not produce lots or street systems that would be impractical or detract from the appearance of the
the requirements of this article. In granting modifications, the Commission may impose such
ZO Chapter 2: Compliance with Regulations
e. Amend Section 2.09: Compliance with the Thoroughfare Plan to read:
24 2.09 Compliance with the o rare- Transportation Plan.
25 In addition to meeting requirements of Americans with Disabilities Act (ADA), aAll projects and Improvements
26 or authorizations under the jurisdiction of this Ordinance that adjoin, include, are served by or affect existing
27 streets bearing a designation en-in the Thoroughfare-Transportation Plan shall conform to the requirements of
28 the Thoroughfare Transportation Plan Section of the Comprehensive Plan in regard to:
29 (1) the dedication of public Rights -of -way;
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31 (2) design and construction of the improvements indicated by the Theroughfure-Transportation
Plan across the roadway frontage of the project;
32 (3) Setback; and
33 (4) any other affected development standards.
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47 ZO Chapter 3: Definitions:
The petitioner may elect to provide a monetary commitment equal to the value to otherwise design and
construct the improvements indicated by the Tie- Transportation Plan across the roadway frontage.
The value of the commitment shall be equal to the difference in the value to otherwise design and construct the
improvements indicated by the Thoroughfare- Transportation Plan across the roadway frontage, minus the cost
to design and construct those improvements indicated by the Thoroughfare Transportation Plan across the
roadway frontage that will be installed by the petitioner. The values established above shall be approved by the
department- Department of Engineering.
Conformance with the Thoroughfare—Transportation Plan as outlined above shall be in addition to any
improvements deemed nece saiyrequired by:
(1) Subdivision Control Ordinance Chapter 5, Sections 5.03.05 and 5.05.02(3);
(2) Statementsper Zoning Ordinance Chapter 24, Section 24.02(B)(5)(e); and
(3) Other applicable standards.
48 f. Amend the following definitions in Section 3.07: Definitions to read:
49 1 COMMUNITY- CONTINUING CARE RETIREMENT COMMUNITY. (CCRC). A health care facility that:
Ordinance Z- 558 -12, Council Version B
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Plan Commission Revisions, 09 /18/2012
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13 NURSING, RETIREMENT OR CONVALESCENT FACILITY. A home for the aged or infirm in which three (3) or
14 more persons not of the same immediate Family are housed and provided with food, and/or care for
15 1 compensation in one (1) or more congregate buildings; but not including hospitals, clinics, or similar
16 Institutions devoted primarily to the diagnosis and treatment of the sick or injured. Included are limited care
17 1 apartments, suites for the elderly, hospice, and assisted living and nursing homes.
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19 RECREATIONAL FACILITY, COMMERCIAL INDOOR. Any area of land, Buildings and/or facilities used or
20 intended for indoor recreational purpose and operated for remuneration. This may include amusement parks
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22 and arcades, billiard parlors, bowling alleys, dance halls, shooting galleries, indoor skating rinks, health/fitness
facilities, indoor sports facilities, and indoor tennis and racquetball facilities.
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24 ZO Chapter 5: S- 1/Residence District:
25 g. Amend Section 5.01: Permitted Uses to read:
1. provides independent living services and health facility services in a campus setting with common
areas; and
2. A place where three (3) or more levels of continued care are provided to senior citizens, including but
not limited to: independent living, assisted living, and skilled nursing/memory care. It- eanExamples
include a campus of independent apartments, detached or attached cottages, and nursing home rooms
in a congregate building, as well as support services and facilities.
LOT COVERAGE, MAXIMUM. The a percentage of the Lot or parcel which can be developed (Buildings,
principal or accessory; storage areas; driveways, parking lots and other accessory Uses).
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5.01 Permitted Uses:
5.01.01 See Appendix A: Schedule of Uses.
5.01.02 Maximum Density: For a residential subdivision, 1.0 lots /acre.
32 h. Amend Section 5.02: Special Uses & Special Exceptions to read:
5.02 Special Uses & Special Exceptions:
A. See Appendix A: Schedule of Uses.
B. See Chapter 21: Special Uses & Special Exceptions for additional regulations.
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5.02.01 Minimum Area Requirements:
Use:
Minimum Area
(Acres):
Cemetery Thirty (30)
Commercial Greenhouse Ten (10)
Day nursery One (1)
Kindergarten One (1)
Plant nursery Ten (10)
5.02.02 Other Requirements:
Use Other requirements:
Mineral extraction, borrow pit, top
soil removal and their storage
Minimum perimeter Natural
Open Space buffer (as
defined in 7.03(B)7.03.01 of
the Subdivision
Ordinance Z- 558 -12, Council Version B
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Plan Commission Revisions, 09/18/2012
Regulations) of 300 ft.
when adjoining or abutting
any residential use or
district.
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4 ZO Chapter 6: S- 2/Residence District:
5 i. Amend Section 6.01: Permitted Uses to read:
6 6.01 Permitted Uses:
7 6.01.01 See Appendix A: Schedule of Uses.
8 6.01.02 Maximum Density: For a residential subdivision, 2.4 lots /acre.
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12 ZO Chapter 7: R- 1/Residence District:
13 j. Amend Section 7.01: Permitted Uses to read:
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7.01 Permitted Uses:
7.01.01 See Appendix A: Schedule of Uses.
7.01.02 Maximum Density: For a residential subdivision, 2.9 lots /acre.
ZO Chapter 8: R- 2/Residence District:
k. Amend Section 8.01: Permitted Uses to read:
8.01 Permitted Uses:
8.01.01 See Appendix A: Schedule of Uses.
8.01.02 Maximum Density: For a residential subdivision, 3.9 lots /acre.
ZO Chapter 9: R- 3/Residence District:
1. Amend Section 9.01: Permitted Uses to read:
9.01 Permitted Uses:
9.01.01 See Appendix A: Schedule of Uses.
9.01.02 Maximum Density: For a residential subdivision, 5.0 lots /acre.
ZO Chapter 10: R- 4/Residence District:
m. Amend Section 10.01: Permitted Uses to read:
38 10.01 Permitted Uses:
39 10.01.01 See Appendix A: Schedule of Uses.
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10.01.02Maximum Density: For a residential subdivision, 8.0 lots /acre.
Ordinance Z- 558 -12, Council Version B
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7 ZO Chapter 20A: I- 1/Industrial District:
8 n. Add Section 20A.07: Landscaping Requirements as follows:
9 20A.07 Landscaping Requirements. See Section 26.04: Perimeter Buffering Requirements and Section
10 28.01.08: Waivers.
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12 1 ZO Chapter 20G: OM/Old Meridian District:
13 o. Add Section 20G.04.06.J as follows:
14 J. The Perimeter Bufferyard Requirements in Chapter 26 shall not apply to properties within the Old Meridian
15 District.
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17 ZO Chapter 23F: Carmel Drive — Range Line Road Overlay Zone:
18 p. Add Section 23F.11.11 as follows:
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The Perimeter Bufferyard Requirements in Chapter 26 shall apply to the rear of properties in-the
which are adjacent to a residential district. Otherwise,
perimeter buffering shall not be required in the Carmel Drive — Range Line Road Overlay Zone.
ZO Chapter 21: Special Uses & Special Exceptions
q. Amend Section 21.02.07: Time Limit to read:
21.02.07Time Limit. Any person to whom a Special Use or Special Exception is granted by the Board, under the
procedures set forth in this chapter, shall have commenced continuous construction of said Special Use or
Special Exception or implemented said Special Use or Special Exception within ene- yearthree years of the date
of the granting of the approval or said approval shall become null and void.
29 Upon application to the Director before the expiration of said approval, and upon good cause shown, said
30 approval may be extended for six (6) months.
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32 ZO Chapter 23B: US Highway 31 Corridor Overlay Zone
33 r. Amend Section 23B. 10: Landscaping Requirements to read:
34 23B.10 Landscaping Requirements.
35 23B.10.01 Landscape Plan: A Landscape Plan shall be submitted to the Plan Commission for its approval at the
36 same time other plans (i.e. architectural design, lighting, parking and signage) are submitted. This plan
37 shall:
38 A. Be drawn to scale, including dimensions and distances;
39 B. Delineate all existing and proposed buildings, private parking areas, walks, ramps for
40 handicapped, terraces, drive -ways, signs, lighting standards, steps and other similar structures;
41 C. Delineate the location, size and description of all plant material and the irrigation system for
42 all planting areas. Landscape treatment for plazas, roads, paths, service and private parking
43 areas shall be designed as an integral /coordinated part of the Landscape Plan for the entire
44 lot.
45 23B.10.02 Landscape Area Requirements:
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A. Greenbelt:
(1) The Greenbelt along U.S. Highway 31 shall be a minimum of thirty (30) feet in
width and landscaped per the requirements of Section 23B.10.03(B).
Ordinance Z- 558 -12, Council Version B
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1 (2) The Greenbelt shall be unoccupied except for plant material, steps, walks, terraces,
2 bike paths, lighting standards, signs, and other similar structures (excluding a private
3 parking area). Mounding and other innovative treatments are to be encouraged in
4 this area.
5 (3) A base - planting unit for each one hundred (100) linear foot increment of the
6 Greenbelt has been designated, as follows:
7 (a) Five (5) shade trees;
8 (b) Three (3) ornamental trees;
9 (c) Fifteen (15) shrubs or, three (3) evergreen trees;
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B. Planting Strip:
11 (1) A planting strip, minimum width shall be ten (10) feet, shall be provided adjacent to
12 any Collector or Arterial Street, or Parkway right -of -way within the U.S. 31 Overlay
13 Zone.
14 (2) Adjacent to an Entry Drive: Minimum width ten (10) feet.
15 (3) Adjacent to any parking area: Minimum width as follows:
16 (a) five feet (5') wide when adjacent to business zoned property.
17 (b) fifteen feet (15') wide when adjacent to residential use or zoned property.
18 (4) The planting strip shall be unoccupied except for plant material, steps, terraces,
19 driveway and pathway crossings, lighting standards, signs, benches, and other
20 similar structures.
21 (5) The base planting unit for planting strips shall be as follows:
22 (a) Adjacent to Parallel Collector /Arterial Roadways: For each one hundred
23 (100) linear foot increment:
24 (i) Three (3) shade trees
25 (ii) Two (2) ornamental trees
26 (iii) Ten (10) shrubs
27 (b) Adjacent to entry drives: Same planting unit standards as for Parallel
28 Collector /Arterial Roadways, above.
29 (c) Adjacent to parking areas: per Section 26.04: Perimeter Buffering.
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C. Planting Adjacent to Buildings:
(1) A planting area equal to an area measuring twenty -five (25) feet in depth by the
width of the front of the building plus twenty (20) feet (to extend ten (10) feet out on
both sides) shall be installed along building facades that face U.S. 31.
(2) A planting area equal to an area ten (10) feet in depth by the remaining sides of the
building shall be installed on all other sides of the building(s).
(3) Spacing for foundation shrubbery shall not exceed five (5) feet intervals; except
where occupied by a sidewalk, driveway or impervious surface.
(4) Sidewalks up to eight (8) feet in width may be permitted in these areas, but shall not
occupy the entire planting area on any side of the building(s).
(45) If an approach driveway or sidewalk cuts into a planting area, the area displaced by
the driveway or sidewalk shall be added to the building perimeter planting.
(36) These adjacent planting areas need not be rectangular in shape as long as the
required amount of space is landscaped; innovative and original designs are
encouraged.
Ordinance Z-558 -12, Council Version B
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1 D. Planting Within Parking Lots:
2 A minimum of one (1) shade tree and five (5) shrubs shall be planted within each parking lot
3 for every nine (9) spaces provided, or not less than eighteen (18) trees per acre of parking. -See
4 Section 23B.10.03(B) for minimum planting area requirements.
5 E. Side/Rear Yard Landscaping: Planting unit shall occur per Paragraph F below.
6 F. Greenbelt Buffers shall be established within required side and rear yards pursuant to Section
7 26.04: Perimeter Buffering.
8 G. Total Landscaping Required:
9 Inclusive of the Greenbelt, the planting adjacent to the building(s), the Greenbelt Buffers, and
10 the planting within parking lots, a minimum of fifteen percent (15 %) of the project area shall
11 be landscaped.
12 23B.10.03 Landscaping Installation and Maintenance.
13 A. Materials: All plants proposed to be used in accordance with any landscaping plan shall meet
14 the following specifications:
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(1)
Shade trees: two and one -half inch (21/2") caliper, a minimum height of eight (8) feet,
and a branching height of not less than one -third (1/3) nor more than one -half (1h) of
tree height.
18 (2) Ornamental trees: one and one -half inch (11h ") caliper a minimum height of six (6)
19 feet, and a branching height of not less than one -third (1/3) nor more than one -half
20 (1/2) of tree height.
21 (3) Evergreen trees: A minimum height of eight (8) feet
22 (4) Deciduous shrubs: A minimum height of twenty -four (24) inches, and no less than
23 six (6) main branches upon planting.
24 (5) Evergreen shrubs: A minimum height and spread of twenty-four (24) inches.
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B. The minimum dimensions, specifications and design of any planting area or planting median
shall be as follows:
(1) Shade and ConiferTrees: nine (9) feet wideby nine (9) feet;
(2) Ornamental Trees: seven (7) feet wideby seven (7) feet;
(3) Shrubs (only): five (5) feet wideby five (5) feet.
C. Landscaping materials selected shall be appropriate to local growing and climate conditions.
31 D. Installation: All required landscaping shall be installed prior to the issuance of a final
32 Certificate of Occupancy by the Department. If it is not possible to install the required
33 landscaping because of weather conditions, the property owner shall post a bond for an
34 amount equal to the total cost of the required landscaping not yet installed, prior to the
35 issuance of the Final Certificate of Occupancy.
36 E. Maintenance: It shall be the responsibility of the owners and their agents to insure
37 maintenance of project landscaping approved in accordance with the Overlay Zone
38 requirements. This is to include, but is not limited to, irrigation and mulching of planting
39 areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable
40 substitute, and keeping the area free of refuse, debris, rank vegetation and weeds.
41 F. Changes After Approval: No landscaping which has been approved by the Commission may
42 later be materially altered, eliminated or sacrificed, without first obtaining further
43 Commission approval. However, minor alterations in landscaping may be approved by the
44 Director in order to conform to specific site conditions.
45 G. Inspection: The Director shall have the authority to visit any tract within the U.S. Highway
46 31 Overlay Zone to inspect the landscaping and check it against the approved plan on file.
1
Ordinance Z- 558 -12, Council Version B
10
Plan Commission Revisions, 09/18/2012
1 23B.10.04 Protection of Existing Trees:
2 Sites with existing trees or stands of trees should make reasonable efforts to protect and incorporate
3 them into the overall site design. The Landscape Plan must preserve not less than seventy percent
4 (70 %) of all trees that are:
5 A. nine -inch (9 ") DBH or larger, and
6 B. located within the Greenbelt, Planting Strips and perimeter buffering.
7 23B.10.05 Waivers:
8 The Plan Commission may grant a waiver to the dimensional and quantitative standards of this Section
9 23B. 10, by not greater than thirty -five percent (35 %), consistent with requirements set forth in Section
10 23B.02(C).
11
12 ZO Chapter 23C: US Highway 421— Michigan Road Corridor Overlay Zone
13 s. Amend Section 23C.10: Landscaping Requirements to read:
14 23C.10 Landscaping Requirements.
15 23C.10.01 Landscaping Plan. The applicant shall submit a Landscaping Plan to the Commission as part
16 of the ADLS application. This plan shall be drawn to scale, including dimensions and distances; shall
17 delineate all existing and proposed structures, private parking areas, walks, ramps for the handicapped,
18 terraces, driveways, signs, lighting standards, steps, storm water facilities and other similar structures;
19 and shall delineate the location, size and description of all landscape material and the method to be
20 used for the watering or irrigation of all planting areas. Landscape treatment for plazas, roads, paths,
21 service and private parking areas and storm water areas shall be designed as an integral and
22 coordinated part of the Landscaping Plan for the entire site. The Landscaping Plan shall require the
23 approval of the Commission.
24 23C.10.02 Areas to be Landscaped:
25
26
27
28
29
30
31
32
33
34
35
36
37
38
1. Greenbelt. The thirty (30) foot Greenbelt shall be composed of grass and landscape areas.
The incorporation of walkways and bikeways into the design is encouraged; however, no
parking lots, through roads, buildings, accessory structures, etc. shall be established within
this area.
2. Foundation Plantings.
a. Foundation plantings shall be included along all sides of any building, with
exceptions for appropriate approach driveways, pedestrian seating and pedestrian
access to building entrances.
b. Spacing for foundation shrubbery shall not exceed five (5) foot intervals; except
where occupied by a sidewalk, driveway or other impervious surface.
c.
Foundation plantings
shall extend the length of the building and shall be a minimum of five (5) feet wide,
except that when adjoining a parking area located in the front yard adjoining U.S.
421, the minimum width shall be ten (10) feet.
39 3. Peripheral Plantings. Minimum side and rear yard landscaping shall occur per the
40 Commission's Bufferyard Guidelines.
41 4. Parking Lots. Per standards specified below in Section 23C.10.03.
42 5. Screening Areas. All air conditioning units, HVAC systems, exhaust pipes or stacks,
43 overhead doors, outside storage areas, and satellite dishes shall be integrated into the overall
44 building design or screened from the U.S. Highway 421 right -of -way and adjoining
45 residential zones or uses using walls, fencing, parapets, penthouse screens, landscaping,
46 camouflage, or other approved method.
47 23C.10.03 Landscaping Standards
48
49
1. The interier- dimensions, cpeei€ieatiens and design of any planting area or planting median
shall be sufficient to protect the landscaping materials planted therein and to provide for
Ordinance Z- 558 -12, Council Version B
11
Plan Commission Revisions, 09 /18/2012
1
2
3
4
5
proper growth. The following minimum interier-wiEltbsdimensions for planting -a easeach tree
or shrub shall be used:
a. Canopy Shade and Conifer Trees: Nine (9) feet by Nine (9) feet;
b. Ornamental Trees: Seven (7) feet by Seven (7) feet;
c. Shrubs (only): Five (5) feet by Five (5) feet.
6 2. All plant material proposed to be used in accordance with any Landscaping Plan shall meet
7 the following specifications:
8 a. Shade trees: a minimum trunk diameter of two and one -half (21/2) inches at six (6)
9 inches above grade, a minimum height of eight (8) feet, and a branching height of
10 not less than one -third (1/3) or more than one -half (1) of tree height.
11 b. Ornamental trees: a minimum trunk diameter of one and one -half (1h) inches at six
12 (6) inches above grade, a minimum height of six (6) feet, and a branching height of
13 not less than one -third (1/3) or more than one -half (1/2) of tree height.
14 c. Evergreen trees: a minimum height of eight (8) feet, and a width of not less than
15 three- fifths (3/5) of the height.
16 d. Deciduous shrubs: a minimum height of eighteen (18) inches, no less than six (6)
17 main branches upon planting, and a mature height no greater than thirty -six (36)
18 inches.
19 e. Evergreen shrubs: a minimum height and spread of eighteen (18) inches, maximum
20 mature height of thirty -six (36) inches.
21 3. Greenbelt. The primary landscaping materials used in the Greenbelt shall be shade trees,
22 ornamental trees, shrubs, ground covers, grass, etc.
23 a. A minimum of three (3) shade trees and one (1) ornamental tree shall be provided
24 per 100 linear feet of Greenbelt.
25 b. Shade trees planted within the Greenbelt parallel to the U.S. Highway 421 right -of-
26 way shall be spaced neither less than fifteen (15) feet apart nor more than forty (40)
27 feet apart.
28 4. Foundation Plantings. The primary landscaping materials used adjacent to buildings shall be
29 shrubs, ground covers, and ornamental grasses.
30 5. Parking Lots.
31 a. Interior Landscaping. A minimum of one (1) shade tree and five (5) shrubs shall be
32 planted within each parking lot for every nine (9) spaces provided, or not less than
33 eighteen (18) trees per acre of parking.
34 However, for buildings with parking areas located in a front yard, with frontage
35 directly on U.S. 421, a minimum of one (1) shade tree and five (5) shrubs shall be
36 planted within each parking lot for every six (6) spaces provided, or not less than
37 twenty-four (24) trees per acre of parking.
38 b. Parking Lot Perimeter Planting. Where parking areas are located in the front yard,
39 with frontage directly on U.S. 421, a six (6) foot wide perimeter planting area shall
40 be provided along the front and sides of those areas.
41 1) The required planting unit for this area shall include: two (2) shade trees,
42 three (3) ornamental trees, and thirty (30) shrubs per 100 linear feet.
43
44
2) The perimeter planting area shall be provided in addition to the Greenbelt
area.
45 c. Front and Side Parking. Parking areas within front and side yards shall be
46 completely screened from view. Such screening shall be subject to Commission
47 approval.
Ordinance Z- 558 -12, Council Version B
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Plan Convnission Revisions, 09/18/2012
1
23C.10.04 Landscaping Installation and Maintenance
2 1. Installation. All landscaping approved as part of the Landscaping and/or Development Plan
3 shall be installed prior to the issuance of a Certificate of Occupancy by the Department. If it
4 is not possible to install the required landscaping because of weather conditions, the property
5 owner shall post a bond prior to the issuance of the Final Certificate of Occupancy for an
6 amount equal to the total cost of the required landscaping.
7 2. Maintenance. It shall be the responsibility of the owners and their agents to insure proper
8 maintenance of all trees, shrubs and other landscaping approved as part of the Landscaping
9 and Development Plans in accordance with the standards set by this Ordinance. This is to
10 include, but is not limited to, replacing dead plantings with identical varieties or a suitable
11 substitute, irrigation and mulching of planting areas, and keeping the area free of refuse,
12 debris, rank vegetation and weeds.
13 3. Changes after Approval. No landscaping which has been approved by the Commission may
14 later be substantially altered, eliminated or sacrificed without first obtaining further
15 Commission approval. However, minor material alterations in landscaping may be approved
16 by the Director in order to conform to specific site conditions.
17 4. Inspection. The Director may visit any tract within the Overlay Zone to inspect the
18 landscaping and check it against the approved plan on file.
19
20 ZO Chapter 24: DP and ADLS Regulations
21 t. Amend Section 24.99: Procedures for Submission and Review to read:
22 24.99.0 Appeals
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1. Authority. The Commission may hear, review and determine appeals taken from any order,
requirements, decision or determination made by a Hearing Examiner or Committee
authorized to approve the Development Plan or ADLS or any portion thereof.
2. Filing Deadline. All appeals shall be filed with the Director within thirty (30)five (5) days of the
action to be appealed.
3. Appeal Procedure.
29 a. Consultation with the Director and Application. Appellants shall meet with the Director in
30 order to examine the nature of the proposed appeal, review the regulatory ordinances and
31 materials, and review the appeal procedures. The Director shall aid the appellant in preparing
32 his application and supporting documents as necessary. The appellant shall then submit two
33 (2) copies of the written application form and all necessary supporting documents and
34 materials.
35 b. Initial Review of the Application and Supporting Documents and Materials by the Director-,
36 Submission to the Commission. Following the receipt of the written appeal application and
37 necessary supporting documents and materials by the Director, he shall then review the
38 materials solely for the purpose of determining whether the application is complete, is in
39 technical compliance with all applicable ordinances, laws and regulations and is to be
40 forwarded to the Commission. If the materials submitted by the appellant are not complete, or
41 do not comply with the necessary legal requirements, the Director shall inform the appellant
42 of the deficiencies in his materials. Unless and until the Director formally accepts the appeal
43 application as complete and in legal compliance it shall not be considered as formally filed for
44 the purpose of proceeding to the succeeding steps toward Commission consideration of the
45 appeal as hereinafter set forth. The application is formally filed when it is placed upon the
46 Commission agenda by the Director according to the Commission's Rules of Procedure.
47 c. Public Hearing by the Commission. Once the Director has accepted and filed the appeal
48 application with the Commission, he shall assign a docket number and set a date and time for
49 a public hearing as required by the Rules of Procedure of the Commission. The appellant
50 shall be responsible for the cost and publication of the required published legal notification of
51 the public hearing. The appellant shall also notify all interested parties and property owners
52 as required by the Rules of Procedure of the Commission. The conduct of the public hearing
53 shall be in accordance with the Commission's Rules of Procedures.
Ordinance Z- 558 -12, Council Version B
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Plan Commission Revisions, 09/18/2012
1 d. Approval or Denial of the Appeal by the Commission. Following the public hearing on the
2 appeal, the Commission shall approve, approve with conditions, or deny the appeal. In
3 exercising its powers, the Commission may reverse or affirm, wholly or partly, or may modify
4 the order, requirement, decision or determination appealed as in its opinion ought to be done
5 1 on the premises, and to that end shall have all the powers of the Heafifig-AffieerHearing
6 Examiner or Committee from whom the appeal is taken. Upon reaching a decision on the
7 appeal request, the Commission shall enter into its records the reasons for its decision and
8 shall provide the appellant with a copy of said reasons, if requested. The Commission shall
9 inform the Director and the appellant of its decision, including all conditions contained as a
10 part thereof. All further actions taken by the appellant or the Director concerning the item
11 that was appealed, including the issuance of Improvement Location Permits, shall be subject
12 to said ruling of the Commission.
13 4. Stay of Work.
14 I When an appeal from i eanng Of cerHearing Examiner or Committee has been filed with the
15 Commission, all proceedings and work on the premises upon which the appeal has been filed shall be
16 1 stayed unless Hearing eeFHearing Examiner or Committee from whom the appeal was taken shall
17 certify to the Commission that, by reason of facts stated in the certificate, a stay would cause
18 immediate peril to life or property. In such case, proceedings or work shall not be stayed except by a
19 restraining order which may be granted by the Commission or by a court of competent jurisdiction, on
20 1 notice to Hearing- OffieeFHearing Examiner or Committee from whom the appeal is taken and the
21 owner or proprietor of the premises affected and on due cause shown. After the owner, his agent
22 and/or a person or corporation in charge of the work on the premises affected has received notice, the
23 Director shall have full power to order such work discontinued or stayed and to call upon the police
24 power of the City or County to give full force and effect to the order.
25
26 ZO Chapter 25: Additional Use Regulations
27 u. Amend Section 25.01: Accessory Buildings and Uses to read:
28 25.01 Accessory Buildings and Uses.
29 25.01.01: Residential Districts.
30 A. Accessory Buildings and Uses Generally. Accessory Buildings and Uses customarily and purely
31 incidental to the uses allowed in a given district are permitted provided that:
32 1. Accessory Buildings and Uses shall not alter or change the character of the premises;
33 2. Accessory Buildings and Uses shall be on the same lot as the Principal Building to which they
34 are accessory;
35 3. Accessory Buildings shall not be attached to the Principal Building, with the exception of an
36 allowable uniform and continuous roof supported by customary supports or joists, and no
37 other connection or attachment between the structures exists;
38 4. Timing:
39 a. No Accessory Building shall be constructed upon a lot until the construction of the
40 Principal Building has actually commenced; and,
41 b. No Accessory Building shall be used unless the Principal Building on the Lot is also
42 being occupied for the intended purposes.
43 c. However, nothing shall prevent the use of a Temporary Construction Facility for the
44 storage of tools, material and equipment by a contractor during building
45 construction;
46 B. Height and Area Requirements.
47 1. Maximum Height. Eighteen (18) feet.
48 2. Minimum Lot Area. Per underlying zoning district.
1
Ordinance Z- 558 -12, Council Version B
14
Plan Commission Revisions, 09/18/201.2
1 3. Minimum Lot Standards.
2 a. Minimum Front Yard.
3 i. Except as otherwise provided for Corner and Through Lots, when detached
4 from the Principal Building, Accessory Buildings shall be set back a
5 minimum of the greater of the following:
6 (a) twenty -five (25) feet behind the Front Line of Building;
7 (b) twenty -five (25) feet behind the Building Setback Line.
8 ii. On Corner Lots no residential Accessory Building may be erected:
9 (a) forward of any Front Line of Building of the Principal Building, or
10 (b) in any required Minimum Front Yard.
11 iii. On Through Lots no Accessory Building may be erected:
12 (a) forward of the Front Line of Building of the front facade of the
13 Principal Building, or
14
15
(b) in the required Minimum Front Yard located to the rear of the
Principal Building.
16 b. Minimum Side and Rear Yards.
17
18
19
i. When more than ten (10) feet from a Principal Building, Accessory
Buildings and Uses shall be set back a minimum of the greater of the
following:
20 (a) Five (5) feet, or
21 (b) Easement plus three (3) feet, but not within any Easement or
22 required landscaped or greenbelt area.
23 (c) No fill from any excavation may be placed within the Easement.
24 ii. When closer than ten (10) feet to a Principal Building, Accessory Buildings
25 shall be considered as part of the Principal Building and shall be provided
26 with the Side and Rear Yards required for the Principal Building.
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29
30
31
32
33
34
35
36
4. Maximum Lot Coverage.
.Per underlying
zoning district or applicable Overlay Zone.
5. Maximum Ground Floor Area. The combined square footage of the Ground Floor Area of a
Private Garage and/or Accessory Building shall not exceed seventy-five (75) percent of the
Ground Floor Area of the Principal Building, except that a detached garage, which is the only
Accessory Building on the lot, may equal the maximum dimensions of twenty -four (24) by
thirty (30) feet provided that the Ground Floor Area of the garage is less than or equal to the
Ground Floor Area of the Principal Building. Lots over three (3) acres and Multi - family
Residential shall be exempt from the requirements of this Section 25.01.01(B)(5).
37 6. Lighting. No lighting shall cause lllumination at or beyond any Lot Line in excess of 0.1
38 Footcandle of light.
39 C. Accessory Uses.
40 1. Exceptions. Accessory Uses such as public utility installations, private walks, driveways,
41 retaining walls, mail boxes, nameplates, lamp posts, birdbaths and structures of a like nature
42 are permitted in any required Front, Side or Rear Yard.
43 2. Multi - family Districts.
44 a. Trash Receptacles. Trash receptacles must be enclosed on all four (4) sides and be
45 screened with landscaping to a minimum height of dumpster and/or compactor plus
46 two (2) feet.
47 3. Private radio and television reception and transmitting towers and antennas.
48
a. Permitted subject to applicable local, state and federal regulations.
Ordinance Z- 558 -12, Council Version B
15
Plan Commission Revisions, 09 /18/2012
1 b. No structure shall be located or permitted within ten (10) feet of a power
2 transmission line.
3 4. Guest House.
4 a. One (1) Guest House with cooking facilities may be permitted as an Accessory
5 Building on Lots containing not less than one (1) acre.
6 5. Servants Quarters.
7 a. Quarters for bona fide servants employed by the occupants of the Dwelling are
8 permitted.
9 6. Tennis courts.
10 a. Shall be located only within a Side or Rear Yard.
11 b. Fencing. Open wire mesh fences surrounding tennis courts may be erected to a
12 height of sixteen (16) feet if such fences only enclose a regulation court area and
13 standard apron areas.
14 7. Private Garage. Where a Private Garage is entered from an Alley, it must be set back a
15 minimum of three (3) feet from the alley easement or right -of -way line.
16 8. Private Swimming Pool or Hot Tub.
17 a. Minimum Side and Rear Yard Setbacks. A swimming pool, hot tub, or its deck or
18 equipment shall be set back a minimum of the greater of the following:
19 i. Ten (10) feet from the Side and/or Rear Lot Line,
20 ii. the Minimum Side and/or Rear Setback for the district, or
21 iii. Easement plus three (3) feet, but not within any Easement or required
22 landscaped or greenbelt area.
23 iv. No fill from pool or hot tub excavation shall be placed within three (3) feet
24 of any Easement.
25 b. Safety. For purposes for safety, the following shall apply:
26 i. Walls or Fencing. Walls or fencing deemed to be impenetrable by the
27 enforcing authority, that is not less than five (5) feet high completely
28 surrounding the swimming pool and the deck area with exception of self -
29 closing and latching gates and doors, both capable of being locked;
30 ii. Other Means. Other means not less than five (5) feet high and deemed
31 impenetrable by the enforcing authority at the time of construction and
32 completely surrounding the pool and deck area when the pool is not used;
33 and
34 iii. Combination. A combination of Subsections (i) through (ii) that completely
35 surrounds the pool and deck with the exception of self- closing and latching
36 gates and doors which are capable of being locked; or
37 iv. Pool Cover. A safety pool cover may be used provided that:
38 (a) there is a continuous connection between the cover and the deck,
39 so as to prohibit access to the pool when the cover is completely
40 drawn over the pool;
41 (b) it is mechanically operated by key or key and switch such that the
42 cover cannot be drawn upon or retracted without the use of a key;
43 (c) it is capable of supporting a four hundred (400) pound imposed
44 load upon a completely drawn cover;
45 (d) it is installed with a track, rollers, rails or guides;
46 (e) it bears an identification tag indicating the name of the
47 manufacturer, name of the installer, installation date, and
48 applicable safety standards, if any.
Ordinance Z- 558 -12, Council Version B
16
Plan Commission Revisions, 09 /18/2012
1 (f) that it is in compliance with the Indiana swimming pool code, 2d
2 Edition, effective date September 13, 1989, as amended.
3 9. Raising of Hens. Hens shall qualify as a type of small animal permitted as a Residential
4 Kennel, provided they are confined by a coop or similar Accessory Building. Properties with hens
5 greater than the number allowed as a Residential Kennel, or with any rooster, shall be considered a
6 Farm.
7
8 ZO Chapter 26: Additional Height, Yard, Lot Area and Buffering Regulations
9 v. Amend Section 26.02.07 in Additional Yard Requirements to read:
10 26.02 Additional Yard Requirements.
11 26.02.07 Required Front Yards in residential districts shall be devoted entirely to landscaped area except for
12 Frontage Places, guest parking and the necessary paving of driveways and sidewalks to reach parking or loading
13 areas in the Side or Rear Yard. The Minimum Front Yard of any Lot in a Subdivision approved prior to April
14 21, 2008, utilizing utilized relaxed Front Yard standards per - Section 7.00.Olpreviously prescribed in the
15 Residential Open Space Ordinance of the Subdivision Control Ordinance shall be as follows:
16 A. Dwelling with attached, front - loading garage: Twenty (20) feet.
17 Garage must be set back a minimum of twenty -five (25) feet.
18 B. Dwelling with attached, side - loading garage: Fifteen (15) feet.
19 Garage must be set back a minimum of twenty -five (25) feet.
20 C. Dwelling with attached, rear- loading; or detached, alley- access garage: Ten (10) feet.
21
22 w. Amend Section 26.04: Perimeter Buffering Requirements to read:
23 26.04 Perimeter Buffering Requirements.
24 26.04.01 The requirements of this Section shall apply to all Special Uses, Subdivision Plats, properties
25 containing multi- family uses, and properties within all Business, Manufacturing, and Industrial
26 districts, unless other buffer or perimeter planting standards are specified within an individual district
27 or zone.
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26.04.02 Where required, perimeter buffering shall be located along the front, side and rear lot lines of a
lot/parcel and shall extend the entire length of the front, side and rear lot lines.
(a) Perimeter buffering shall be a Type A Bufferyard along the Frontage of a site where buildings,
except in detached single - family subdivisions, are placed with their front door located within eighty -
five (85) feet of a street right -of -way.
(b) Perimeter buffering shall not be required along the Frontage of a site where buildings are placed
with their front door located within twenty (20) feet of a street right -of -way.
26.04.03 Where residential or other buildings back onto a public thoroughfare, buffer plantings shall occur
outside of the public right -of -way, per the Tables below.
26.04.04Perimeter buffering shall not be located within any portion of a dedicated public street right -of -way,
private street right -of -way, or County regulated drain easement.
26.04.05 Planting Strip and Greenbelt plantings, as required in other sections of the Ordinance, shall count
toward perimeter bufferyard requirements.
26.04.0306 Existing vegetation may be used to achieve project buffering if:
(a) the vegetation located upon the subject parcel is of a quality and state of health to achieve
buffering, and,
(b) the vegetation is proposed to be preserved using accepted best management practices for tree
protection during construction.
(c) the dimensional requirements for bufferyard width can be fulfilled.
Ordinance Z- 558 -12, Council Version B
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Plan Commission Revisions, 09 /18/2012
1 I 26.04.0607 To determine the applicable bufferyard requirements:
2 (a) Use the Table for Buffervard Determination to identify the land use category of the proposed
3 project use.
4 (b) Use the Table for Bufferyard Determination to identify the land use(s) of the adjoining
5 properties, or identify the street classification adjoining the proposed use by referring to the
6 1 Transportation Plan of Carmel Clay Township.
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(c) Determine the bufferyard(s) required on each boundary (or segment thereof) of the subject
parcel by referring to the Table for Buffervard Determination.
TABLE FOR BUFFERYARD DETERMINATION
Bufferyard Design Standards in the table below are stated in terms of minimum width and number of plants
required per one hundred linear foot increment.
BUFFERYARD
SINGLE FAMILY
DUPLEX
MULTI - FAMILY
ACTIVE
RECREATION
z
cn
c
0
n
r
OFFICE;
RETAIL
WAREHOUSE;
LT. INDUSTRY
HEAVY
INDUSTRY
COLLECTOR
STREET
PARKWAY
(Prim. or Sec.)
ARTERIAL
(Prim. or Sec.)
EXPRESSWAY
OR
INTERSTANTE
HIGHWAY
SINGLE FAMILY
DEVELOPMENT
B
GD
GD
D
D
D
D
D
GD
D
D
D
DUPLEX
DEVELOPMENT
C
A
C
B
B
C
C
D
B
D
D
D
MULTI - FAMILY
DEVELOPMENT
C
C
B
B
B
C
C
D
C
D
D
D
ACTIVE
RECREATION
D
B
B
A
C
C
C
C
B
D
D
D
INSTITUTIONAL
D
B
B
C
A
A
C
C
B
D
D
D
OFFICE; RETAIL
D
C
C
C
A
A
C
D
B
D
D
D
WAREHOUSE;
LT. INDUSTRY
D
C
C
C
C
C
A
B
B
D
D
D
HVY.INDUSTRY
D
D
D
C
C
D
B
B
B
D
D
D
Bufferyard Design Standards in the table below are stated in terms of minimum width and number of plants
required per one hundred linear foot increment.
BUFFERYARD
MINIMUM YARD WIDTH
FRONT & SIDE REAR
SHADE TREES
ORNAMENTAL TREES
SHRUBS*
A
5'
10'
3
2
9
B
5'
10'
3
3
15
C
10'
20'
3
4
21
D
15'
25'
5
5
27
16 *Evergreen trees may substitute in lieu of shrubbery, on a 1:3 basis (1 conifer equals three shrubs)
17
18 ZO Chapter 31: General Provisions
19 x. Amend Section 31.06.05: Rules Governing Commitments, because paragraphs 3, 4, and 5 are now
20 superseded by IC 36 -7 -4 -1015, to read:
21 31.06.05 Rules Governing Commitments.
22
In addition to the requirements of IC 36 -7 -4 -1015, all Commitments shall comply with the following:
23 1. Form. A Commitment must be in substantially the form set forth in the Commission's Rules of
24 Procedure, and must identify any specially affected persons or class of specially affected persons who
25 may enforce the Commitment. A Commitment must authorize its recording by the Director in the
26 Office of the Hamilton County Recorder.
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30
2. Recording: Copies. A Commitment shall be recorded in the office of the Hamilton County Recorder
and takes effect upon the adoption of the proposal to which it relates. Following the recording of a
Commitment, the Director shall return the original recorded Commitment to the owner and shall retain
a copy of the recorded Commitment in the Commission's file.
Ordinance Z- 558 -12, Council Version B
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Y.
fecordable form and made available to all Commissioners prior to a final vote. All necessary
subsequent approvals. including but not limited to Development Plans, Plats, and Improvement
Location Permits will be withheld pending receipt of the recorded Commitment. Failure to return a
recorded Commitment within ninety (90) days shall nullify the Commission's approval.
3. Persons Bound. Unlcss it is modified or terminated by thc Commission in accordance with
owncr of thc parcel, and any other person who acquires an interest in the parcel. An unrecorded
Commitment,
/1. Modification or Termination by Commission. Except for a Commitment modified under Section
., I
.. -
5. Rezone Proposals; Automatic Termination. A Commitment made under Section 31.06.03 above
a. thc zone map applicable to thc parcel is changed; or
Amend Section 31.08: Copy on File to read:
31.08 GonvCopies on File.
A certified copy Two (2) copies of the Zoning Ordinance and the Subdivision Control Ordinance of the City of Carmel,
Indiana, as they may be amended from time to time, shall be filed in the office of the Clerk- Treasurer and shall be
available for public viewing during normal office hours. The Clerk- Treasurer shall also keep additional copies of these
ordinances in the office for the purpose of sale or distribution.
ZO Appendix A: Schedule of Uses
z. Amend Appendix A: Schedule of Uses to read:
30 SEE EXHIBIT A
31
32
33 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are
34 hereby repealed.
35 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the
36 Mayor.
37
38 PASSED by the Common Council of the City of Carmel, Indiana this day of
39 2012, by a vote of ayes and nays.
40
41
Ordinance Z- 558 -12, Council Version B
19
Plan Commission Revisions, 09 /18/2012
1 COMMON COUNCIL FOR THE CITY OF CARMEL
2
3
4
5 Presiding Officer Kevin D. Rider
6
7
8
9 Richard L. Sharp, President Pro Tempore Carol Schleif
10
11
12
13 Ronald E. Carter W. Eric Seidensticker
14
15
16
17 Sue Finkam Luci Snyder
18
19
20 ATTEST:
21
22
23
24 Diana L. Cordray, IAMC, Clerk - Treasurer
25
26
27 Presented by me to the Mayor of the City of Carmel, Indiana this day of
28 2012, at .M.
29
30
31
32 Diana L. Cordray, IAMC, Clerk- Treasurer
33
34
35 Approved by me, Mayor of the City of Carmel, Indiana, this day of
36 2012, at .M.
37
38
39
40 James Brainard, Mayor
41
42 ATTEST:
43
44
45
46 Diana L. Cordray, IAMC, Clerk- Treasurer
47
48 Prepared by:
49 Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032
Ordinance Z- 558 -12, Council Version B
20
Plan Commission Revisions, 09/18/2012
APPROVED SUBDIVISION WAIVERS, 2004 to Present.
•9/4/2012
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.DECISIONn� ��_
.a'i�. i."J3r w _ _.........,.. I.:,
_y.�... -. t
M`
DATE'
�... .,,.
Abney Glen - Subdivision Waiver
No
-
11850 Shelburne Road, [S1] 6,03.20 - ,Allow the homes to-face internally
05040013 SW
Indiana Land Development Corp
_ _
Abney Glen Subdivision Waiver
No
-
11850 Shelborne Road, [S1] 6 02 to,allow subdivion in the floodway and floodway fringe
05050020 SW
Indiana Land Development Corp
Bennett_ Subdivisio"nMinor
No
-
NE of TownerRd /136th St S1 estate- 2 lots /10:86act lots must abuta Street)
04030010 SW
Approved
05/18/2004
Bennett,Subdivision'(Miner)
No
-
NE of Towne Rd /136th St;,[S1] estate- 2 lots /10:86act'( lets,shali`have road frontage)
04030011' SW
Approved
0.5/18/2004
Blue Ridge Estates S ubd ivision Waiver
No
-
12075 Shelborne.Road; [S1106'0319swaiver from access requirements
05050061 SW
Michael Maloy
Clay Creek
No
-
SCO Waivers; Sec:6.05.07, Allow dwellings to face internally
06050022 SW
-
CW Wiedler's Sub - Division, lots 69 -71 (Blackwell Park)
No
-
3rd Ave NE & 3rd St NE, [R2] SCO 6 03:04 & 6.03,05 - conn_ ect to stub street
09060013 SW
Justin Moffett
Approved
05/21/2010
Dapper Estates
No
-
1340 Rohrer Rd; [R1] SCO 6.05.01 - Lot 2 has no frontage
07110026 SW
Robert Dapper
Approved
03/18/2008
Dapper Estates
No
-
1340 Rohrer Rd; [R1]'SCO 8.09 - sidewalk installation
08020031- SW
Robert Dapper
Approved
03/18/2008
Forestal Estates Minor Subdivision - Primary Plat
No
-
14119 N Ditch Rd/ ne corner 141st/Ditch; [S1] sco 6.03 19 - access to collectors
07050019_SW
M One Construction
Approved with Conditions
10/16/2007
King Subdivsion
No
-
420 1st Ave NW, 6 05,01 lot access from alley,..not street
11080015 SW
King; Jeffery R & Judy C -
•
Approved
8/24/2011
Lakeland Subdivision - waiver
No
-
12650 Clay Center'Rd [S1];SCO 6:05.01 lotwith no road,frontage
08100013 SW
Christian Browning
Approved
3/17/2009
Laurel Ridge - .Subdivision Waiver
No
-
SE comer of W 106th and Ditch Road; [S11Residential] Waiver from 06.03.04 - no stub - streets
05060044 SW
JBC1 LLC
Approved
09/20/2005
Laurel: Ridge - Subdivision. Waiver
No
-
SE comer of W 106th and Ditch Road; [S1 /Residential] Waiverfrom 08.09.02 - no pedestrian path
05060045 SW
JBC1 LLC
Approved
09/20/2005
Laurel Ridge - Subdivision Waiver
No
-
SEcorner of W 106th and Ditch Road` [S1 /Residential] Waiver from 06.03.22 - provision of acel /decel and
passing lanes
05060047 SW
JBC1 LLC
Approved
09/20/2005
Laurel Ridge - 'Subdivision Waiver
No
-
SEcorner of W 106th and Ditch Road;[S1 /Residential] Waiver from 06.03.20 - private streets
05060048 SW
JBC1 LLC
Approved
10/18/2005
Laurel :Ridge—'Subdivision Waiver
No
No
-
-
SE corner ofW 106th and Ditch Road; [S1 /Residential] Waiver.from 06.02.01 - subdivision in
Floodway /Plain -
NW corner of W 141st St and Towne Road; [S1- ROSO] -SCO 8.09 01 - sidewalks on both:,side of street in
R/W
05060050 SW
09090016 SW
JBC1 LLC
Estridge Development Co. Inc.
Approved
Approved
09/20/2005
10/20/2009
Lincolnshire, Sec 1 Subdivision Waiver (formerly Murphy Hall)
Old Meridian Plaza (RA Franke, Lot 8)
No
- '
:12863'OId',Meridian St; [OM /MU] SCO 605.01 lot without frontage
08070013 SW
Old Meridian, LLC
Approved
09/16/2008
Pine Creek S/D
No
NE of 116th /Hoover Rd; [S1- Estate]; 6.03.20; private street'
05020025 SW
WTFOT, LLC
Approved'with Conditions
06/21/2005
Pine Creek S/D
No
'
-
NE1of 116th /Hoover Rd; [S1- Estate] 6,03.03; street alignment
05020027 SW
WTFOT, LLC
Approved with Conditions
06/21/2005
Pine Creek Subdivision Waiver
No
-
NE.of 1116th /Hooverl.Rd; [S1= Estate] 8:08 to not install curbing
05050017 SW
Bear Lake Trading Company
Approved with Conditions
06/21/2005
Pine Creek Subdivision Waiver
No
-
NE of 116th /Hoover Rd; [S1- Estate] 6.05.07 to all home to'face internally
05050018 SW
Bear Lake Trading. Company
Approved with Conditions
06/21/2005
Reading Tree Park Subd.. Waiver
No
-
212 W 136th St;'[R1 /part US 31] SCO 6:05.01 - lot access from driveway easement, not street
09110036 SW
reading tree park, IIc; justin moffett
Approved
02/16/2010
Reading Tree Park Subd. Waiver
No
212 W 136th St;;[R1 /part US 31] SCO 6.05.07 - dwellin_g not facing,a--parkway
091'10037 SW
reading tree park, Ilc; justin moffett
Approved
02/16/2010
Rosado Hill
No
-
SE corner 106th /Springmill; [S2] SCO 6.05:01 - all lots shall abut a public right of way
07080038 SW
BSC II, LLC
Approved
12/18/2007
Reseda Hill
No
-
SE' corner 106th /Springmill; [S2] SCO 6.05.07 &6.03.19 - homes must face a collector /arterial road
07080039 SW
BSC'II, LLC
Approved
12/18/2007
Stafford Lane - Subdivision Waiver
No
-
S. side of 146th St, W of Gray Rd. [R1] SCO 605.07 - waiver to permit dwellings to face internal street
06030022 SW
Drees
Sweet Charity Estates
No
-
1303 W 116th St [S- 1' /Res1Subdiv Waiver for Sec: 6 05.07 proximity to arterials
051/0014 SW
'
Paul G. Reis _
Approved
12/20/2005
The Cottages.at Carmel
No
-
531 S Guilford;,[B7] SCO 6.03.20 - Private streets
09080024 SW
Justin Moffett; Highiine Construction, LLC
Approved
10/20/2009
The Cottages at Carm e l
No
-
531 S Guilford;,[B71 SCO 8,09,01 - both sides of street Must have sidewalks
09080026,SW
Justin Moffett Highline Construction, LLC
Approved
10/20/2009
Towne Oak Estates
No
-
S of 131st'St,on Towne Rd [Si] waiver for one access 0-int SCO 603,21'
06/00026 SW
Matt,Skelton
_
Approvedtwith Commitments
12/19/2006
Village. of Mount Carmel, Sec 11 (waiver)
No
-
1235 W 146th, St; (S2] SCO 6.05:01 t waiver fort lot with no road'frontage
10050023 SW
-
Keith March
Approved with Conditions
08/17/2010
Villas @;Morgans Creek
No
-
SE of 146th /Gray Rd; [Si] 12 lots /6.39 act Street layout/design
04080057 SW
covenant group, Ilc
Approved
1/18/2005
Villas @.'Morgans Creek
No
-
SE'..of146th/Gray Rd; [S,1] 12 lots /6:39 act 6.05 08. meet lot width /setback of adjoining subdivision
05010002 Sw
covenant group, Ilc
Approved
01/18/2005
West Clay Colony Subdivision Waiver
No
-
NE comer of Hoover Road and W. 116th Street; [51] Waiver from 6.05.07 Orientation of Home - to allow
homes to face internal streets
05060054 SW
DeBoy Land Development Services
Woodhall
No
-
2000 blk W 106th' St; [S1] waiver for private street, SCO 6.03.20
07100033 SW
JBC1, LLC
Approved
02/19/2008
Woodhall
No
-
2000 blk'W 106th St; [S1] waiver for stub streets, SCO 6.03.03
07100034 SW
JBC1, LLC
Approved
02/19/2008
Woodhall
No
-
2000 bik W 106th St; [S1] waiver for gate location without a bus pickup area, SCO 6 03.26.4
07100036 SW
JBC1, LLC
Approved
02/19/2008
Woods at Lions Creek - Subdivision Waiver
No
-
4343 W 138th Street [S1] SCO 6.05.07 - waiver to permit dwellings to face intemal street
06020020 SW
JC Developers
approved
05/16/2006
Woods at Lions Creek - Subdivision Waiver
No
-
4343 W 138th Street [S1] SCO 6.03.21 - waiver to allow only one point of. access (no stub streets)
06020022 SW
JC Developers
approved
05/16/2006
Abney Glen - Subdivision Waiver
Yes
108%
11850 Shelborne Road, [S116.03.07 -All cul de sac to exceed 600 feet in length (1250')
05040014 SW
Indiana'Land Development Corp
Applegate Addition
Yes
10%
130 2nd St NW; lot width 45' lots
11060013 SW
Old Town Design Group
Approved
6/20/2011
Cherry Creek Estates
Yes
1%
Cherry Creek Blvd /Hazel Dell Pkwy; [S1] <6 -ft btwn bldg foundations SCO 7.00.01
05060036 SW
Pulte
Approved
07/05/2005
Cherry Tree Grove
Yes
33%
S of 146th St on Cherry Tree Rd, S1 -> S2. waiver for radius of curvature SCO 6.03 15
06100024 SW
Matt Skelton
Approved with Commitments
12/19/2006
Chesterton Woods
Yes
33%
2405 E'99th St; [5-2 /ROSO] road curvature radius of 100', 150' required SCO 6.03.15
07070042 SW_
56th Development, LLC
Approved with Conditions
12/18/2007
Chesterton Woods
Yes
1409
2405 E 99th St; [S- 2 /ROSO] 72% woodland clearing, SCO 7 05.07
07070043 SW
56th Development, LLC
Approved with Conditions
12/18/2007
Clay Creek
Yes
100%
SCO Waivers; Sec.6:03.07 Cul -de -sac length approx 1200' (600' max)
0605002.1 SW.
Charlie Fra nkenberger
Approved with Conditions
08/21/2007
Clay Creek
Yes
47%
SCO Waivers; Sec.7.05.07 Clearing more than 15% mature woodlands (22 %)
06050023 SW
D Wilkinson's Addition, lots 13 -15 (Rangeline Commerical)
Yes
10%
411, 421, 431 N Rangeline; [B5 /Old Town OL/historic rangeline] lot width < 50 -ft. SCO 6.05.01
09040008 SW
Steve Schutz
Approved with Conditions
10/06/2009
First & Sixth NW
Yes
60%
610 1st Ave NW, lot width 20' for shared drive, 50 required
11030009 SW
Old Town Design Group
Approved -
3/21/2011
Glen Oaks Subdivision
Yes
58%
NE 131st/West Rd; [S1-Estate] (51 lot/42.7t) min 50 -ft lot width (21' frontage for 2 lots on shared drive)
04050040 SW
Langston Development
Kendall Wood
Yes
88%
nw corner 121st/shelborne; [S1] access to arterials SCO 6.03.19(4): 200', reduced to 25'
04100035 sw
steven wilson
Approved
1/18/2005
Kendall Wood Subdivision Waiver
Yes
60%
NW corner of W 121st St. and Shelburne Rd.[S1 Roso] Waiver from 6.03 19 (4) to reduce 200' required
bufferyard. (80')
05080022 SW
Steve Wilson Inc.
Approved
10/18/2005
APPROVED SUBDIVISION WAIVERS, 2004 to Present
9/4/2012
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:.DECISIONS
_ u'.3 _ . _._.,. . ._ . , ,�{ .
a,DATEg "�t"�(
G.. - -.. Y�. -'`-
Laurel Ridge - Subdivision Waiver
Yes
90%
SE corner of W 106th and Ditch Road; [S1 /Residential] Waiver from 06.03.19- Waiver from 200'
separation from collectors (20')
05060046 SW
JBC1 LLC
Approved
09/20/2005
Laurel Ridge - Subdivision Waiver
Yes
32%
SE corner of W 106th and Ditch Road; [S1 /Residential] Waiver from 06.03.07 - cul de sac length
05060049 SW
JBC1 LLC
Approved
09/20/2005
Lincolnshire (formerly Murphy Hall) Subdivision Waiver
Yes
80%
NW corner of W 141st Street'and Towne Road; [S1];(82 lots/55.327 acres) Reduce required bufferyard
from 200' to 40'
-
05020022 SW
Estridge Development Co
Approved
05/17/2005
LongRidge Estates
Yes
25%
SE of West. Rd /141st ST; [S1- Estate] SCO 7.02 reduction in open space requirments
04060030 SW
Steve Pittman
LongRidge Estates
Yes
7%
SE of West Rd /141st ST; [S1-Estate] SCO 6.04.01 block length
04060031 SW
05030020 SW
S teve Pittman
WTFOT, LLC
Approved with Conditions
06/21/2005
Overbrook Farms
Yes
58%
NW of=141st/Shelborne Rd; [S1 -very low] (971ot/79 16ac ±) Reduce required 200 foot buffer to 85 feet
along 141st Street
Pine Creek S/D
Yes
17%
NE of 116th /Hoover Rd; [S1- Estate] 6.03 07, cul -de -sac length of approx 700'
05020026 SW
WTFOT, LLC •
Approved with Conditions
06/21/2005
Pine Creek Subdivsion Waiver
Yes
20%
NE of 116th /Hoover Rd, [S1- Estate] 06:03.06 to allow smaller pavement and right of way widths
05050015 SW
Bear Lake Trading Company
Approved with Conditions
06/21/2005
Runyon Hall Subdivision Waiver (now Grandin Hall)
- Yes
83%
5333'E 146th Street; [S1] (58 lots /39.08 acres). Reduce required bufferyard from 200' to 35'
05020029 SW
Estridge Development Co
Approved with Conditions
05/17/2005
Stanford Park (formerly Burlingame Subdivision)
Yes
10%
13600 blk Shelborne Rd; [R2,R4]min.lot width of 50' SCO 5.2.1 (45 requested)
04010023a SW
PPV, LLC
Approved
04/20/2004
Sweet Charity Estates
Yes
83%
1303•W 116th St [S -1 /Res] Subdiv Waiver for Sec. 6.03.07 cul -de -sac length'916' & 1097.56'
05110011 SW
Paul G. Reis
Approved
12/20/2005
Sweet Charity•Estates
Yes
Yes
100%
42%
1303 W 116th St [S -1 /Res] Subdiv Waiver for Sec. 6.03.19 access to arterials
531 S Guilford; [B7] SCO 6 05.01 - lots must have min. 50 -ft width at R/W
05110013 SW
09080025 SW
Paul G Reis
Justin Moffett; Highline Construction, LLC
Approved
Approved
12/20/2005
10/20/2009
The Cottages at Carmel
Towne Oak Estates
Yes
67%
S of °131st St on Towne Rd [S1] waiver for cukde -sac length SCO6.03.07
06100025 SW
Matt Skelton
Approved with Commitments
12/19/2006
Village on the'Monon - woodlands
Yes
27%
1320 Rohrer,Rd;[R1 -ROSO] 38% clearing of woodlands, Ch. 7.05.07,
06030028 SW
The Anderson Corp.
Approved
07/18/2006
Villas @ Morgans Creek
Yes
25%
SE of 146th /Gray'Rd; [51] 12 lots /6.39 act woodlands (Cul -de -sac, length of 751.89')
04080058SW
covenant group, Ilc
Approved
1/18/2005
West Carmel Market
Yes
63%
9901 Michigan Road - 6.03.15: radius of curvature 150' (400' required for feeder /parkway)
04080053 SW
Duke Construction, Limited Partnership
Approved
11/16/2004
Windsor Grove II Subdivision Waiver
Yes
80%
3105 106th St W, [S1], 06 03.19 (4) from required 200' bufferyard (40')
05080017 SW
Steve Wilson,,Inc.
Approved
11/15/2005
Woodhall
Yes .
108%
2000'blk W 106th St; [S1] waiver for cul -de -sac length of 1250', SCO 6 03.07
07100035 SW
JBC1, LLC !Approved
02/19/2008
Woods at Lions Creek - Subdivision Waiver
Yes
50%
4343 W 138th Street [S1] SCO 6.05.01 - waiver to permit lots with less than 50 of right of way frontage
06020019 SW
JC Developers Approved
05/16/2006
Woods at Lions Creek - Subdivision Waiver
Yes
30%
4343 W 138th Street [S1] SCO 6.03.07 - waiver to permit cul de sac in excess of 600 feet
06020021 SW
JC Developers approved
05/16/2006
Yorktown Woods Subdivision Waiver
Yes .
47% '
S of Laura Vista Drive Stub /E of SR 431, [R1 -ROSO III] requesting waiver from 07.05.07 2 to permit 44% of
the young woodlands to be removed _
05050006 SW
MHE Development
'
76'Subdivision Waivers in 40 Subdivisions
2004 = 10 Waivers in 7 Subdivisions
2005 = 29 Waivers in ,15 Subdivisions
2006 = 12 Waivers in 6 Subdivisions
2007 = 10 Waivers in 5 Subdivisions
2008 =3 Waivers in 3 Subdivisions
2009 = 8 Waivers in 5 Subdivisions
2010 = 1 Waiver in 1 Subdivision
2011 = 3 Waivers in 3 Subdivisions
35 Dimensional /Quantitative Waivers
•
0 -10% = 5 Waivers
11 -35% = 9 Waivers
>35% = 21 Waivers
Dimensional Waivers by Type
9 = Max. Cul -de -sac length (17 %- 108 %)
8 = Min. 200' from arterial /parkway /collector to rear of lot (58% -100 %)
7 = Min. 50' lot width along public street (10% -60 %)
4 = Max. % Woodland Clearing'(27% -140 %)
3 = Min. street curvature radius (33 % -63 %)
1= Min. % open space (25%)
1= Max. block length (7 %)
1 = Reduce R/W width & pavement section (20 %)
1 = <6' between foundations (1 %)