HomeMy WebLinkAbout2008-0905; 08080003 OA; PC MemoCity of Carmel
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ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417
CARMEL PLAN COMMISSION
-MEMORANDUM-
Date: September 5, 2008
To: Plan Commission Members
From: Angie Conn - Department of Community Services
Re: September 16 Plan Commission meeting – Docket No. 08080003 OA
Enclosed is the information packet for the following item. If you have any questions, please give me a
call at 571-2417.
Docket No. 08080003 OA: Amendment, Contributing Buildings
The applicant seeks approval to amend Zoning Ordinance Chapter 23D.02.B.5, Old Town District
Overlay Zone, in order to prevent the demolition of contributing building in Old Town without
consent of the Director. Filed by the Department of Community Services, on behalf of the Carmel
Plan Commission.
Background:
The Department seeks approval to amend Chapter 23D.02.B.5 of the Old Town District Overlay Zone,
regarding the Demolition of Contributing Buildings. Contributing Buildings are those that have certain
characteristics that are in keeping with historical construction in the Old Town District. This amendment
will prevent the demolition of contributing building in Old Town, unless the property owner receives the
consent of the Director. Currently, property owners within certain subareas of Old Town can demolish a
structure without any approvals from the Department. Chapter 23D contains Figure 3, which highlights
all Contributing Buildings within the Old Town District Overlay Zone and can be found online at:
http://www.ci.carmel.in.us/services/DOCS/DOCSZOchptrs/ZO%20Ch%2023D%20Old%20Town%20Fi
g%203%20Contributing%20(Summer%202002%20v1).pdf
Please see the attached ordinance amendment text proposed to be added to Chapter 23D.02.B.5.
Filename: 2008-0905; 08080003 OA; PC Memo.rtf
Sponsor: Councilor Rider
ORDINANCE Z-5##-08
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
___________________________________________________
An Ordinance amending the Old Town District Overlay Zone text
WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36-
7-4), each unit of local government that wishes to adopt land use and zoning ordinances must first
approve by resolution a comprehensive plan for the geographic area over which it has jurisdiction; and
WHEREAS, the 2020 Vision Comprehensive Plan (the “Comprehensive Plan”) Docket No. 16-
96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan Commission on August
20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the Common Council on September
24, 1996, and is therefore the official Comprehensive Plan of the City of Carmel and Clay Township; and
WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning and
Subdivision Control Ordinances; and
WHEREAS, pursuant to Indiana Code 36-7-4-701 the Common Council is authorized to amend
the text of the zoning and subdivision control ordinances; and
WHEREAS, pursuant to Resolution No. CC-06-18-07-03 the Common Council has determined
that certain of the Exemptions to specific regulations are no longer in the best interest of the City and of
the public health, safety and welfare; and
WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No. D-1600-
02, the Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel
City Code;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel,
Indiana, that, pursuant to IC 36-7-4-1500 et seq. and after Docket No. 08080003 OA having received a
positive/negative recommendation from the Carmel Advisory Plan Commission on Tuesday, October 21,
2008, it hereby adopts this Ordinance to amend the Carmel Subdivision Control Ordinance (Ordinance
No. Z-160, as amended), as amended, as follows:
Section I:
ZO CHAPTER 23D: OLD TOWN DISTRICT OVERLAY ZONE
a. Amend Section 23D.02.B.5 to read:
5. Demolition. No Contributing Building, or any part of it, may be demolished in
this overlay without the consent of the Director. The Director shall only consider
the following when determining whether a building or any part of it may be
demolished:
a. Structural conditions pose an imminent safety hazard.
b. An advanced state of dilapidation or fire damage would make it
unfeasible to repair the building for any reasonable economic use.
c. The particular financial situation of the current owner or the current
owner’s desired use for the property shall not be considered as factors in
determining consent for demolition.
2
However, wWhere a building has been demolished due to fire or other accident
or disaster that is customarily covered by insurance, the owner may reconstruct
the property in accordance with these guidelines, or in substantially the same
design as existed prior to the accident.
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.
PASSED by the Common Council of the City of Carmel, Indiana this _____ day of _________________
2008, by a vote of _________ ayes and ________ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
___________________________________ ____________________________________
Presiding Officer Joseph C. Griffiths
___________________________________ ____________________________________
Richard L. Sharp, President Pro Tempore Kevin D. Rider
___________________________________ ____________________________________
John V. Accetturo W. Eric Seidensticker
___________________________________ ____________________________________
Ronald E. Carter Luci Snyder
ATTEST:
__________________________________
Diana L. Cordray, IAMC, Clerk-Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of
_________________________ 2008, at _______ __.M.
____________________________________
Diana L. Cordray, IAMC, Clerk-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of
________________________ 2008, at _______ __.M.
____________________________________
3
James Brainard, Mayor
ATTEST:
___________________________________
Diana L. Cordray, IAMC, Clerk-Treasurer
This Instrument prepared by: Angie Conn, Planning Administrator
Carmel Planning & Zoning Division
City of Carmel, Indiana 46032
This Instrument reviewed by: John Molitor, Carmel Plan Commission Attorney
Carmel Old Town
Contributing Buildings (Figure 3)
January 2002
Carmel, Indiana
Contributing
Non-Contributing