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Home My WebLink About2008-0905; 08080003 OA; PC MemoCity of Carmel Page 1 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