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HomeMy WebLinkAboutResidential Open Space Ordinance RESIDENTIAL OPEN SPACE ORDINANCE FOR CARMEL / CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA 33 . 0 Title . This zoning ordinance shall be referred to and known as the Residential Open Space Ordinance for Carmel / Clay Township, Hamilton County, Indiana. 33 . 1 Purpose . The purpose of this Residential Open Space Ordinance is to provide for the development of certain areas within Carmel / Clay Township which have special or unusual development problems or needs for compatibility by providing an alternative development process which: allows for a greater degree of flexibility in the design and development of single-family and two-family subdivisions; encourages innovative residential environments; provides for more efficient use of land including the reduction of land area disturbed for utility lines and motor vehicle access; protects topographical features; and, encourages the set- aside of common area and open space for the use and enjoyment of the residents of the overall subdivision. 33 . 2 Applicability . This Residential Open Space Ordinance is available for use on any real estate zoned to the S-1 , S-2, R-1 , R-2, R-3, R-4 or R-5 zoning districts; provided, however, it. shall only be applicable to the development of single-family or two- family subdivisions . The application and use of this Residential Open Space Ordinance to any real estate shall require the prior approval of the Carmel / Clay Plan Commission following a public hearing. . The approval of the Carmel I. Clay Plan Commission may be obtained by filing a petition for Residential Open Space Development Plan Approval for the overall subdivision that complies with the requirements of this Residential Open Space Ordinance . • 33 . 3 Minimum Requirements . 33 . 3 . 01 Project Area (Minimum Size of Overall Subdivision) . The minimum acreage for any overall subdivision to be developed pursuant to this Residential Open Space Ordinance shall be five ( 5 ) acres . 33 .3. 02 Project Density . The overall maximum number of lots within an overall subdivision to be developed pursuant to this Residential Open Space Ordinance shall remain the same as that permitted by developing the same real estate into developable lots in full compliance with all zoning, health, flood control and subdivision laws, ordinances and regulations applicable to such real estate. 33 . 3 . 03 Water and Sewer Availability . Attachment to public or semipublic water and sanitary sewer facilities shall be mandatory for any overall subdivision to be developed pursuant to this Residential Open Space Ordinance . 33 . 3 . 04 Public Streets . Each lot located in an overall subdivision to be developed pursuant to this Residential Open Space Ordinance shall have frontage on a public street and gain direct access from said street. 33 . 4 Development Standards Alternatives . To accomplish the purpose of this Residential Open Space Ordinance, the Carmel / Clay Plan Commission may approve a Development Plan which complies with the alternative development standards set forth in this Section 33 . 4 and all other standards of the applicable zoning district. All standards of the Carmel / Clay Zoning Ordinance for which an alternative is not provided for in this Section 33 . 4 shall be applicable to a subdivision section developed pursuant to this Residential Open Space Ordinance and shall be complied with unless a variance thereof is granted by the Carmel / Clay Board of Zoning Appeals . All standards of the Subdivision Regulations of Carmel / Clay Township applicable to a subdivision section developed pursuant to this Residential Open Space Ordinance shall be complied with unless a waiver thereof is granted by the Carmel / Clay Plan Commission. 2 Individual lots within an overall subdivision that receives Development Plan Approval from the Carmel / Clay Plan Commission to be developed pursuant to this Residential Open Space Ordinance shall be exempted from the following development standards of the Carmel / Clay Zoning Ordinance to the extent permitted below: 33 . 4 . 01 Minimum lot size, except as provided below - The minimum lot size requirements shall remain applicable to all lots which abut the perimeter of a subdivision section except where the real estate adjoining the perimeter of the subdivision section: (a) is also subject to the same petition for Development Plan Approval of the overall subdivision; or, (b) has previously received Development Plan Approval pursuant to this Residential Open Space Ordinance; 33 . 4. 02 Minimum lot width, except as provided below - The minimum lot width requirements shall remain applicable to all lots which abut the perimeter of a subdivision section except where the real estate adjoining the perimeter of the subdivision section: (a) is also subject to the same petition for Development Plan Approval of the overall subdivision; or, (b) has previously received Development Plan Approval pursuant to this Residential Open Space Ordinance; 33 . 4. 03 Minimum front yard, except as provided below - The minimum front yard requirements may be reduced to twenty-two (22 ) feet for any portion of a structure with a front loading garage or fifteen ( 15 ) feet for • any portion of a structure containing living area or a side-loaded garage; 33 . 4. 04 Maximum Lot Coverage, except as provided below - The maximum lot coverage may not exceed fifty ( 50 ) percent; and, 33 . 4. 05 The minimum, rear yard, minimum side yard and aggregate side yard requirements of the applicable zoning district shall remain applicable to all lots . 3 33 . 5 Protect Open Space . The open space created by the development of an overall subdivision pursuant to this Residential Open Space Ordinance shall : 1 ) be preserved in its naturally occurring state; 2 ) be developed only to the extent required to provide for the passive recreational activities of walking, biking, hiking, picnicking or other recreational activities approved by the Carmel / Clay Plan Commission; or, 3 ) be developed into an active recreational area. The development of such open space shall be subject to the following additional requirements : 33 . 5 . 01 The amount of permanent open space created by the development of an overall subdivision pursuant to this Residential Open Space Ordinance shall be equivalent to, or more than, the total reduction in lot area contained within developable lots based upon a comparison of Site Plan One and Site Plan Two as required by Section 33 . 7 ; 33 . 5 . 02 At least seventy—five (75 ) percent of the total open space created by the development of the overall subdivision pursuant to this Residential Open Space Ordinance shall consist of tracts of land at least fifty ( 50 ) feet wide in its smallest dimension; 33 . 5 . 03 The open space provided for in Section 33 . 5 . 02, above, shall be accessible to the residents of the overall subdivision and their guests by way of sidewalk, footpath or combined walkway/bikeway; and, 33 . 5 . 04 At least fifty ( 50 ) percent of the open space created by the development of an overall subdivision pursuant to this Residential Open Space Ordinance shall be preserved in its natural state or utilized for passive recreational activities. 33 . 6 Calculation of Open Space . Open space shall be calculated by taking the total land area within lots contained in Site Plan One (as defined in Section 33 . 7 . 03 ) and subtracting the total land area within lots contained in Site Plan Two (as defined in Section 33 . 7 . 03 ) . 4 33 . 7 Procedure for Residential Open Space Ordinance Development Plan Approval . 33 . 7 . 01 The procedure for filing for a Residential Open Space Development Plan Approval shall be the same as that required of any other petition for Development Plan Approval before the Carmel / Clay Plan Commission, except as otherwise provided for in this Section 33 . 7 . To facilitate the use of this Residential Open Space Ordinance, a petitioner may file a companion petition for primary plat approval in connection with the filing of a petition for a Residential Open Space Development Plan Approval . If a petitioner elects to file companion petitions, such petitions shall be docketed before the Carmel / Clay Plan Commission for a joint hearing. 33 . 7 . 02 Filing of a Development Plan for Conceptual Design Review by the Department of Community Development . The petitioner shall submit a Development Plan consisting of the two site plans for the property • proposed for development pursuant to this Residential Open Space. Ordinance for conceptual design review by the Department of Community Development prior to filing a petition for Residential Open Space Development Plan Approval with the Carmel / Clay Plan Commission. Said plans shall satisfy the requirements of Section 33 . 7 . 03 . 33 . 7 . 03 Required Development Plans . a. Site Plan One. Site Plan One shall be a sketch plan which depicts the development of the overall subdivision in full compliance with all use and development standards of the underlying primary zoning classification and all other applicable health, flood control and subdivision laws, ordinances and regulations of Carmel / Clay Township. b. Site Plan Two. Site Plan Two shall be a sketch plan which depicts the development of the overall subdivision pursuant to the Residential Open Space Ordinance proposal . 5 c . Required Development Plans shall contain a proposed breakdown of sections to be contained in the overall subdivision . Section One of such overall subdivision shall include an amount of open space equivalent to, or more than, the total reduction in lot area contained within developable lots within that Section One of the overall subdivision and shall be the first section of the subdivision to be developed. Any subsequent section of the subdivision may . utilize the "excess" permanent open space created and existing in the first section (and all prior sections ) of such subdivision to provide for lot size reductions within that subsequent section provided that the total amount of open space remains equivalent to, or more than, the total reduction in lot area contained within developable lots within all approved sections of the subdivision ( including the section in question) . 33 . 7 . 04 Conceptual Design Review of Development Plans by the Department of Community Development. a. The Department shall compare Site Plan Two with Site Plan One while also taking into consideration information regarding the terrain of the site and any unique natural features of the site to . determine the appropriateness of the proposed open space design for the site . In doing so, the Department ' s review may include, but not be limited to, the following: ( 1 ) Protection of unique topographical features on the site, including, but not limited to, slopes, streams and natural water features; ( 2 ) Protection and preservation of wooded areas, individual trees of significant size, wetlands, or other environmentally sensitive features; (3 ) Development of common open space and recreational areas (passive or active) accessible to the residents of the overall subdivision by way of sidewalks, footpaths or combined walkways/bikeways; 6 ( 4) Implementation of and providing for the future development of Potential Greenways as designated in the Carmel / Clay Comprehensive Plan; (5 ) A more efficient use of the land including the reduction of land area disturbed for utility lines and motor vehicle access ; ( 6) Creation of innovative residential environments; (7 ) Minimize the alteration of the natural site features through the design and situation of individual lots, streets and buildings; (8 ) Diversity and originality in lot layout; (9) Utilization of individual building designs which achieve an enhanced relationship between the development and the land; and, ( 10 ) Relationship to surrounding properties . b. Determination by the Department. The Department shall notify the petitioner of any comments related to the conceptual design of the project submitted for Conceptual Design Review pursuant to Section 33 . 7 . 02, above, within ten ( 10 ) business days of the submittal for Conceptual Design Review. The Department, at its discretion, may schedule the Development Plan for review by the Technical Advisory Committee at its next available meeting. Petitioner may modify the proposed conceptual design to comply with the recommendations of the Department prior to the filing for a petition for Residential Open Space • Development Plan Approval and primary plat approval. • 7 33 . 7 . 05 Review and Determination by the Carmel / Clay Plan Commission. a. In its determination of the appropriateness of the proposed Residential Open Space Development Plan and whether to grant Residential Open Space Development Plan Approval, the Carmel / Clay Plan Commission shall be guided by the extent to which the Development Plan: (a) accomplishes the purpose set forth in Section 33 . 1 , above; and, (b) provides for the protection or provision of the site features and amenities outlined in Section 33 . 7 . 04, above . b. In recognition of the superior accomplishment of the purpose set forth in Section 33 . 1 , above, and the use of outstanding design features for the protection or provision of the site features and amenities outlined in Section 33 . 7 . 04, above, the Carmel / Clay Plan Commission may, at its discretion, authorize an increase in overall project density up to a maximum increase of ten ( 10 ) percent over the density established pursuant to Section 33 . 3 . 02, above . 33 . 7 . 06 Commitments Required by the Carmel / Clay Plan Commission. a. The Carmel / Clay Plan Commission may require or permit the owner of a parcel of property to make written commitments concerning the use or development of the subject property in connection with a petition for Residential Open Space Development Plan Approval required by this Residential Open Space Ordinance as a condition of development. 8 The commitments shall be reduced to writing in recordable form and signed by the owner( s ) of the real estate . The commitment( s ) shall be in effect for as -long as the real estate to which they apply remains zoned to the classification to which the real estate was zoned when the commitments were made or for the life of the Development Plan Approval, whichever is longer. The commitment(s ) shall authorize their recording by the Department of Community Development in the Office of the Recorder of Hamilton County, Indiana upon the final approval of the Development Plan by the Carmel / Clay Plan Commission. Following the recording of the commitments, the Department shall return the original recorded commitments to petitioner and shall retain a copy of the recorded commitments in its file. The Carmel / Clay Plan Commission may require in such commitments the designation of any specially affected persons, who shall be entitled to enforcement thereof pursuant to I .C. 36-7-4-1015 . The commitments required by the Carmel / Clay Plan Commission shall be in substantially the form set forth in Exhibit "A" of this Residential Open Space Ordinance. b. Modification of Commitments by the Carmel / Clay Plan Commission. Commitments required or permitted by the Carmel / Clay Plan Commission may be modified or terminated by a decision of the Carmel / Clay Plan Commission, or its successor, made at a public hearing after proper notice has been given. Any modification or termination of the commitments shall not be effective until : (a) reduced to writing; (b) approved by the Carmel / Clay Plan Commission; (c) executed and notarized by the present owner(s ) of the real estate; and, (d) recorded in the Office of the Recorder of Hamilton County, Indiana. The modification or termination of commitments shall be in substantially the form set forth in Exhibit "B" of this Residential Open Space Ordinance. 9 is 33 . 8 Maintenance of Common Open Space. Prior to obtaining secondary plat approval, the petitioner shall file documentary assurances with the Department of Community Development that the permanent dedication and continuous maintenance of open space shall be made in accordance with the Development Plan approved by the Carmel / Clay Plan Commission, and that the common areas and recreation areas shall be made available to the residents of the overall subdivision at a reasonable and non-discriminatory rate of charge. Such documentary assurances shall be incorporated into the plat that is recorded in the Office of the Hamilton County Recorder or otherwise provided for through legally binding perpetual agreements as approved by the Carmel/Clay Plan Commission. Such open space shall perpetually run with the subdivision section and shall not be developed or separated from the subdivision section at a later date (unless no development of any portion of the overall subdivision which utilizes the open space contained within that subdivision section for the purpose of lot size reductions has occurred and the entire area subject to the subdivision section is presented for replat) . • 10 •