HomeMy WebLinkAboutZ-602-15 FAILED Establishing the Johnson Addition District Overlay Zione r ,l
Sponsor: Councilor Rider
ORDINANCE Z-602-15
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance establishing the Johnson Addition District /
Overlay Zone in the Carmel Zoning Ordinance
WHEREAS, pursuant to the Advisory Planning Law of the State of Indkv4,ontained in IC 36-7-
4), each unit of local government that wishes to adopt land use and zoning ordinal ens must first approve by
resolution a comprehensive plan for the geographic area over which it has jury i n; and
WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" 6cket No. 08070020 CP was
given a favorable recommendation by the Carmel Advisory Plan Co vg issippn on November 18, 2008, and
duly approved by Resolution No. CC-05-04-09-02 of the Common CO ■ 'l/On May 4, 2009, and is therefore
the official Comprehensive Plan of the City of Carmel and Clay s i. ; and
WHEREAS, the City wishes to establish fundamental c ' e a to demolish existing homes and to
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encourage new homes to be compatible with and enhan :.John n Addition neighborhood; and
WHEREAS, pursuant to Indiana Code 36-7-4- �'. tee Common Council is authorized to amend the
text of the zoning ordinance; and
WHEREAS, pursuant to Indiana Code 7- - 1 and City of Carmel Ordinance No. D-1600-02,
the Carmel Zoning and Subdivision Control O in e are incorporated by reference into the Carmel City
Code;
NOW, THEREFORE, BE I O "D by the Common Council of the City of Cannel,
Indiana, that, pursuant to IC 36-7- 60 e se . and after Docket No. 15020007 OA having received a
favorable recommendation from t e C rmel Advisory Plan Commission on Tuesday, May 19, 2015, it
hereby adopts this Ordinance to ame the armel Zoning Ordinance (Ordinance No. Z-289, as amended),
to read as follows:
Section I:
a. Adopt Chapter 23J: Johnso Addition District Overlay Zone as follows:
23J.00 Johnson Distric verlay Zone.
23J.00.01 Purpose, Intent and Authority.
The u o 6 of this overlay zone is to protect and enhance the health, safety and welfare of
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the citi ns and property owners by encouraging the preservation, maintenance, and
rehabi 'cation of existing homes in the district boundaries, while encouraging new homes to
co ement the character and context of Johnson Addition.
e Johnson Addition neighborhood is one of several post-war era neighborhoods built in
City of Cannel and Clay Township. It is one of the more unique neighborhoods of its era in
that it remains remarkably intact. As originally marketed in the 1950s, Johnson Addition
residents continue to enjoy its convenient location within walking distance to schools,
shopping, dining, work and a vibrant downtown.
It is the City's intent to achieve the purpose of this overlay zone by:
* Providing a consistent and coordinated treatment of properties;
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* Fostering the preservation and maintenance of the neighborhood by establishing
fundamental criteria that govern the demolition of existing homes; '
* Supporting growth in Johnson Addition by encouraging new homes to be compatible
with and enhance the neighborhood;
The Overlay Zone establishes regulations in addition to the residential zoning that currently
exists. In the case of conflicts between this Overlay Zone District Ordinance and the Zoning
Code, the provisions of this Ordinance will prevail.
23J.01 Johnson District Boundaries.
The boundaries of the Johnson District Overlay Zone are hereby established as approved on
the Zoning Map. The zone generally includes properties within the Johnson Addition
Subdivision Plat, except those adjacent to Main Street. See Figure 1.
In addition, the City resolves to help ensure the integrity of the District through proper
buffering from adjacent real estate, and by working to achieve appropriate fit and transition
of new buildings and redevelopment on adjacent property outside the Johnson Addition.
23J.02 Application of Standards of the Overlay District.
A. New Construction.
The construction of any new Principal Building within the Overlay Zone shall be reviewed
pursuant to 23J.04: Site Plan and Design Review (SDR) for conformance with the standards
in 23J:03(A):New Construction.
B. Demolition
The demolition of any existing Principal Building within the Overlay Zone shall be reviewed
by the Director, pursuant to 23J.03(B):Demolition.
C. Building Additions and Accessory Buildings.
1. Are subject to the Johnson Addition platted Building Line as well as the Height and
Area Requirements of the primary underlying zoning district, except that the Building
Additions may not exceed twenty-five(25) feet in Building Height.
2. Are subject to general compliance review when an Improvement Location Permit is
required, to ensure design consistency with the Characteristics of the Johnson
Addition.
3. Shall not be subject to Site Plan and Design Review (SDR) pursuant to 23J.04: Site
Plan and Design Review (SDR).
D. Characteristics of the Johnson Addition.
The following are characteristic of homes in the Johnson District:
1. Ranch and two-story floor plans.
2. Wide house fronts compared to depth, although many homes have additions on the
rear of the homes, resulting in portions of the home's footprint to be deeper than its
width.
3. Homes oriented parallel with the street and corner homes on a diagonal.
4. Lower pitched roofs,hipped or gable end with consistent overhangs.
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5. Wood, vinyl or aluminum vertical or horizontal siding materials, brick or stone
veneer, individually or in combination.
6. Attached garages in line with or slightly forward of the home or detached garages in
the rear yard.
7. Consistent Setbacks from the street and narrow Side Yards.
8. Open front porches; typically incorporated directly into home's roof with extended
overhang; often with minimal or no railing.
23J.03 Standards.
A. New Construction.
The following applies to all new Principal Buildings within the district boundary.
1. Building Mass.
a. Buildings are to be oriented parallel and perpendicular to the street, with the
exception of corner lots, which buildings may be oriented diagonally to the
intersection.
b. Buildings will generally be wider than they are deep, with the widest
dimension facing the street.
2. Setbacks.
a. Front Yard Setbacks shall follow the Building Line, as platted and recorded
for the Johnson Addition.
b. A Corner Lot is presumed to have a Front Yard Setback on both streets that it
faces.
c. Side and Rear Yard Setbacks shall follow the requirements of the underlying
primary zoning district.
3. Lot Dimensions and Coverage.
i. Existing lot dimensions as originally platted shall govern.
ii. No lot may be created by Subdivision or by joining which results in a width of
greater than one hundred (100) feet.
iii. Maximum Lot Coverage: Thirty-five percent (35%) of the lot, pursuant to the
underlying primary zoning district.
4. Materials.
i. Exteriors shall be clad in wood, brick, stone, concrete plank or high-quality
vinyl siding, individually or in combination.
ii. Roofs with a pitch greater than a two to twelve (2:12) are to be finished with a
shingle-style material.
5. Windows.
i. Rectangular double-hung or casement windows are required. These may be
used in multiple sets to create larger expanses of window area.
ii. Arched windows are not allowed on the front façade.
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iii. Special windows are allowed(ovals,hexagon, etc.) as accents.
6. Roof.
i. The roof of the Principal Building may be flat, gabled, multi-gabled, or
hipped,with a maximum pitch of six to twelve(6:12).
7. Porches.
i. Covered porches facing the street should be designed consistent with
Characteristics of Johnson Addition.
ii. Uncovered decks are not allowed in the Front Yard.
8. Building Height.
i. Minimum: none.
ii. Maximum: Two stories,not to exceed twenty-five(25) feet.
9. Parking and Driveways.
i. Driveway approaches leading to the garage shall be a maximum of twenty
(20) feet wide, and any portion constructed within the public right-of-way
shall be built per City of Carmel Standards.
ii. Within twenty-four (24) feet of the front of the garage, a driveway may be up
to thirty(30) feet wide.
B. Demolition.
No Principal Building, or any part of it, may be demolished in this overlay without the
consent of the Director. Before receiving any permits or undertaking any work that constitutes
demolition, the applicant must comply with Section 23J.04: Site Plan and Design Review
(SDR) of this Ordinance.
1. For the purpose of this Overlay ordinance, demolition shall be defined as the razing,
wrecking, or removal by any means of the entire or partial exterior of a structure. The
following examples are meant to help define demolition and are not all-inclusive:
a. The razing, wrecking, or removal of a total structure.
b. The razing, wrecking, or removal of a part a structure, resulting in a reduction
in its mass,height or volume.
c. The razing,wrecking, or removal of an enclosed or open addition.
2. Examples of work not included in demolition:
a. Any work on the interior of a structure.
b. The removal or maintenance of exterior elements that are not structurally
integrated with the main structure, such as: mechanical equipment, awnings,
gutter and downspout replacement, light .fixtures, fencing, sidewalks,
driveways, curbs,landscaping, asphalt, and glass repair.
3. The Director shall only consider the following when determining whether a building
or any part of it may be demolished:
a. Structural conditions that pose an imminent safety hazard.
b. An advanced state of dilapidation or fire damage that would make it
unfeasible to repair the building for any reasonable economic use.
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c. Significance. The Director shall consider the architectural significance of
the structure individually, in relation to the street, and as apart of the district
as a whole. These same considerations will be given to parts of the building.
The Director will also consider how the loss of a building, or a portion
thereof, will affect the character of the overlay district, the neighboring
buildings, and, in the case of partial demolition, the building itself.
In making its determination of significance, the Director shall consider the
following:
i. Architectural and historic information and significance.
ii. The City of Carmel/Clay Township Historic Architecture Survey,
published October 2014 by the Carmel Historic Preservation
Commission.
iii. The opinion of Staff.
iv. Evidence presented by the applicant.
v. Evidence presented by recognized experts in architectural history.
d. Replacement: Demolition of a structure may be justified when, in the
opinion of the Director, the proposed new construction with which it will
be replaced is of greater significance to the enhancement of the overlay
district than retention of the existing structure. This will only be the case if
the new construction will be compatible, appropriate and beneficial to the
district.
To afford the Director the ability to consider demolition on the basis of
replacement development, the applicant shall submit the following:
i. information required by Section 23J.04: Site Plan and Design Review
(SDR) of this Ordinance;
ii. a scaled streetscape drawing showing the new development in its
context, including at the buildings on either side; and
iii. other pertinent documents deemed relevant by the Director.
4. Buildings that have been demolished due to fire or other accident or disaster that is
customarily covered by insurance, may be reconstructed as follows:
a. in substantially the same exterior design as existed prior to the accident,
subject to obtaining an Improvement Location Permit; or
b. in accordance with the applicable standards in Section 23J.03, and subject to
Site Plan and Design Review, per Section 23J.04, prior to obtaining an
Improvement Location Permit.
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23J.04 Site Plan and Design Review (SDR).
A. Submittal Process/Application Procedure.
Applicants shall meet with the Director to review the zoning classification of their site,
review the regulatory ordinances and materials, review the procedures and examine the
proposed use and development of the property. The Director shall aid and advise the
applicant in preparing his application and supporting documents as necessary. Applicants
shall submit the following:
1. two (2) copies of the written Site Plan and Design Review application form,
2. two' (2) copies of the Existing Features & Site Analysis Plan including adjacent
zoning and land use,
3. two (2) copies of the proposed Site Plan and Drainage Plan, and/or
4. two (2) copies of the required information on building elevations, landscaping,
driveway/parking areas, as well as
5. all necessary supporting documents and materials.
B. Review.
Following the receipt of the written application and required supporting information by the
Director, the Director shall review the submittal for the sole purpose of determining whether
the application is complete and in technical compliance with all applicable ordinances, laws
and regulations.
If the submittal by the applicant is not complete or does not comply with the necessary legal
requirements, the Director shall inform the applicant of the deficiencies.
1. Unless and until the Director formally accepts the application as complete and in
legal compliance, it shall not be considered as formally filed for the purpose of
proceeding to succeeding steps toward approval as hereinafter set forth.
2. Within ten (10) days of the formal acceptance of the application by the Director, he
shall formally approve, deny, or request additional information about the petition.
C. Approval or Denial of the Application.
1. An approved Site Plan and Design Review petition shall be valid for three (3) years
from the date of approval. If construction of the building(s) has (have) not started at
the end of the three-year period, the Site Plan and Design Review request must be re-
submitted to the Director.
2. If an approved Site Plan and Design Review petition is (are) substantially altered, re-
submittal to the Director for approval is required.
3. If the petition is denied by the Director, the Director shall provide the applicant with a
copy of said reasons, if requested.
4. The applicant may appeal the decision of the Director, as specified in Chapter 30.
23J.05 Sunset Provision. This Chapter expires (two years after adoption).
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Figure 1.
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Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are
hereby repealed.
Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the
Mayor.
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FAILe=D
AD9P-T-E-E•by the Common Council of the City of Carmel, Indiana this to day of
6 2015,by a vote of 0 ayes and (o nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
O tPPose-
Presiding Officer Kevin D. Rider
AIoT Pr-eSerif O peose4
Richard L. Sharp, President Pro Tempore Carol Schleif
oYfb5J2. Q ?P o s,e_cJ
Ronald E. Carter W. Eric Seidensticker
pPOec( a
Sue Finkam Luci Snyder
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana this day of
2015, at _.M.
I _
Diana L. Cordray, IAMC, Clerk-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this day of
2015, at _.M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Prepared by:
Adrienne Keeling,Planning Administrator,One Civic Square,Carmel,IN 46032
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•
Johnson Addition Overlay Zone - Comparison to Existing Zoning
Existing Zoning(R-2) Johnson Addition Overlay Zone
Permitted Land Uses Single`Family,Residential r. follow existing oning , , , ;, ,
Additions to Existing Buildings
Minimum Building Height none none __ _N w
x
Maximum Building Height up to 35'to the midpoint with additional setbacks 25' to the midpoint
Front Setback 35' 25' or 30' per Johnson Addition plat
Side Setback 5' follow existing zoning
Rear Setback 20.' follow existing zoning
Lot Coverage 5 . _, . ..35% .,i.._, . . .,.. . .._ 35%__ w..._.__ ,,...__._
Follow Characteristics List? not required checked at Building Permit
New Homes
Lot Area 10,000 square feet existing platted lot
Minimum Ground Floor Area 1,100 sgft one story; 900 sgft two story fo I I oW existing zoning
Building Mass/Orientation none parallel w/street, corners on diagonal
Front Setback 35' 25' or 30' per Johnson Addition plat
Side Setback
5' tmg zoning
follow exis
r 3
Rear Setback ;.. 2Q' ow existing zoning Y
Minimum Lot Width 80' as platted
Maximum Lot Width none as platted, but may not join to create >100'
Lot Coverage 35% ...>___ % _.., _.r_ _. M _ .�.
35
Materials none Wood, brick,stone, concrete plank or high-quality vinyl siding(or
combination). Shingle-style roof.
Windows none Rectangular double-hung or casement; no arched on front;
ovals, hexagons allowed as accents.
Roof none Flat, gabled or hipped. Max. 6:12 pitch
Porches none Incorporated into roof w/extended overhang. No
uncovered decks in front.
Minimum Building Height none none
Maximum Building Height up to 35'to the midpoint with additional setbacks 25' to the midpoint
Parking& Driveways none Max width 20', up to 30' w/in 24' of garage
Demolition of Existing Homes No Criteria/Restrictions Director Approval
Site Plan & Design Review(SDR) Not required prior to Building Permit New Homes-Required prior to Building Permit
Gray Shading=the proposed requirements match existing zoning Last Revised: 5/13/2015
CERTIFICATION
OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION TO THE CITY OF CARMEL
TO AMEND THE ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE
Z-602-15
Johnson Addition Overlay Zone
Ordinance Text
To: The Honorable Common Council
Of the City of Carmel
Hamilton County,Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the application for
Docket No. 15020007—to establish Chapter 23J: Johnson Addition District Overlay
Zone.
The Carmel Plan Commission's recommendation on the petition of the applicant is
`Favorable."
At its regularly scheduled meeting of May 19, 2015, the Carmel Plan Commission voted
Ten(10) in Favor, Zero (0) Opposed, One (1) Absent,to forward to the Common Council
the proposed Ordinance No. Z-602-15 with a"Favorable Recommendation".
Please be advised that by virtue of the Plan Commission's Favorable Recommendation,
pursuant to IC 36-7-4-607(e), the Council has ninety (90) days to act on this petition
before it becomes effective as Certified by the Commission. Ninety days from the date of
the Certification is Thursday August 20, 2015.
CARMEL PLAN DDCOMMISSION '' � JJ
BY: S4 W`€-1 a-ft U �vy l
Steven R. Stromquist, President
ATTEST:
0,l 6.. yvUO;1---
Lisa Motz, Secretary
Carmel Plan Commission
Dated: May 22, 2015