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Home My WebLink AboutZ-523-08 Amend Old Town District Overlay ZoneSponsor: Councilor Rider ORDINANCE Z-523-08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance amending the Old Town District Overlay Zone text AS AMENDED 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.Cityof Carmel, Indiana, that, pursuant to IC 36-7-4-1500 et seq. and after Docket No. 08080003 OA having received a positive 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. Before receiving any permits or undertaking any work that constitutes demolition, the applicant must comply with Section 23D.04: Submittal Process/Application Procedure of this Ordinance. a. The Director shall only consider the following when determining whether a building or any part of it may be demolished: i. Structural conditions pose an imminent safety hazard. ii. An advanced state of dilapidation or fire damage would make it unfeasible to repair the building for any reasonable economic use. iii. Significance. The Director shall consider the architectural and historical significance of the structure individually, in relation to the street, and as d part 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: Buildings that are noted as non-contributing shall be researched to confirm that there is no obscured architectural or historical significance: In making its determination of significance, the Director shall consider the following: 1. Architectural and historic information and significance. 2. Information contained in the district's National Register nomination (if one exists): 3. The Hamilton County Interim Report, as amended, published March 1992 by the Historic Landmarks Foundation of Indiana. 4. information contained in any other professionally conducted historic surveys pertaining to this district. 5. The opinion of Staff. 6. Evidence presented by the appl ica n t 7. Evidence presented by recognized experts in architectural history. iv. Replacement: Demolition of a structure may be justified when, in the opinion of the Director, the proposed new development 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 when the structure to be demolished is not of material significance, the loss of the structure will have minimal effect on the historic character of the district, and the new development 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 23D.04: Submittal Process/Application Procedure of this Ordinance; 2. a scaled streetscape drawing showing the new development in its context, including at least two buildings on either side; and 3. other pertinent documents deemed relevant by the Director. b. 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: i. The razing, wrecking, or removal of a total structure. ii. The razing, wrecking, or removal of a part a structure, resulting in a reduction in its mass, height or volume. iii. The razing, wrecking, or removal of an enclosed or open addition. c. Some work that may otherwise be considered demolition may be considered rehabilitation, if done in conjunction with Site Plan and Design Review, per Chapter 23D.04. Examples of rehabilitation include: i. The removal or destruction of exterior siding and face material, exterior surface trim and portions or exterior walls. 2 ii. The removal or destruction of those elements which provide enclosure at openings in any exterior wall (e.g., window units, doors, panels.) iii. The removal or destruction of architectural, decorative or structural features and elements which are attached to the exterior of a structure (e.g., parapets, cornices, brackets, chimneys.) d. Examples of work not included in demolition: i. Any work on the interior of a structure. ii. The removal of exterior utility and mechanical equipment. iii. The removal, when not structurally integrated with the main structure, of awnings, gutters, downspouts, light fixtures, open fire escapes, and other attachments. iv. The removal of signs. v. The removal of paint. vi. The removal of site improvement features such as fencing, sidewalks, streets, driveways, curbs, alleys, landscaping and asphalt. vii. The replacement of clear glass with no historic markings. NOTE: Items fl-vi may be considered rehabilitation and require a Site Plan and Design Review, per Chapter 23D.04 and a Letter of Grant. e However, where 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 the applicable guidelines in Section 23D.03, or in substantially the same design as existed prior to the accident, after he/she receives Site Plan and Design Review, per Section 23D.04 and a Letter of Grant. . Sunset Provision. The provision of this subsection, 2313.02.E.5, as amended per ordinance Z-523-08, shall expire on December 31, 2010. Section H: 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 Sday of 2008, by a vote of _.e ayes and n nays. COMMON COUNCIL FOR THE CITY OF CARMEL oT P R. t?s c residing Off Joseph C. Gri the empore Ke in D. Rider Richard L. S arp esii:1 T ?s 0 - 14 flhn V.Accettur0 _ W. Eric ?SFideristicker/ Carter ATTEST: Diana L. Cordray,1AMC, Clerk-Tr urer -I-l'`- Presented by me to the Mayor of the City of Carmel, Indiana this 1 S day of 2008. at 01:30 P.m. Diana L. Cordray, IAMC, Clerk-Tr s er Approved by me, Mayor of the City of Carmel, Indiana, this I D day of 2008, at 1-.XD P.M. mes Brainard, Mayor ATTEST: 9° Diana L. Cordray, IAMC, Clerk- r surer 4 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 O l d Town C.armei„ Indiana Sub-area Boundaries .(Figure 1'). Revised FEB 2002 ¦I ...... o .. me -e._ aae G? o e o _ u () ED - - - - cj qp-, m o D • i a o .` ? 1 p G - - ?? 4 a 1n JI o o Q P Q q , S I S o.. o_ ® a- - 4J ,? LJ a ° Q ra ¦ci _ ? 0 0 0 0=p - ° d p l l fl ? _ ? d ¦ 0 0 0 u ®??s 0 M o os• ¦ ® a am O 0 F 1 p c:::D' ? 03 - p e+ ° -d- a ¦i O J? ga P 0 0 0? .?!¦ ¦ ? ?, or ? 0 - G3 m = Q 0 ° 4 q a ®¦ [3 Q a O M. boo - - Qa-0_¦ VAN r ® ?p -® a ? 1S -C 00 "0 -? ¦ Q O - ?¦ O{} ° CR No. CP 4 C) (I v_ R via ''nnI Q0 =L 1¦ gg, a° q" W Wow Lf + ; Nv- e jam 9 e>? °O no ti! DUO D0900 ? ? t]. .? i-- -i u tj ° o dFID Qn 3 ° ? } ¦1 e.2 EL No am zRi a ¦? ¦ 4 aa. f] ?QU l Q aadaa E3 d ? ? ` GP[n r ?n-Er 1511, ?o a. Q p v, i eta ff: Dda°0o,0a p - o czl 9 - a a ., p rI- 1? ?a ?1 co l ? n am 10 -SP oD Carmel Old Town Contributing Buildings (Figure 3) Carmel, Indiana io nn O o a ? ? 0 d Qd ? /? l /M . .... - . O (/ ?p .V ® Contributing :'x: Non-Contributing January 2002 ae. o we CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL TO AMEND THE TEXT OF THE OLD TOWN DISTRICT OVERLAY PURSUANT TO INDIANA CMIDM-27:11-052: 22 f ORDINANCE Z-523-08 An Ordinance to Amend the Old Town District OSerlay text, regarding Contributing-Buildings To: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear ivlembers: The Cannel Advisory Plan Commission offers you the following report on the application to the Commission (Docket No. 08080003 OA) to amend Zoning Ordinance Chapter 23D.02.B.5, Old Town District Overlay Zone, in order to prevent the demolition of contributing buildings in Old Town without consent of the Director. The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE. At its regularly scheduled meeting on October 21, 2005, the Commission voted nine (9) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance 71523-08 with a Favorable Recommendation. Please be advised that by virtue of the Commission's Favorable Recommendation, pursuant to IC 36-7-4-607(e)(3), 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 original Certification (October 27, 2008) is Sunday, January 25, 2009. ?Z R mona Hancock, Secretary Carmel Advisory Plan Commission Dated: October 27, 2008 Filename: 200X-0916 08030003 OA Z-523-09 PC Ccaitication CARMEL PLAN COi?1M1SSION r Leo Diercknrin, President /V--l ZZ 0 d LZ 130 gggj CERTIFICATION OF THE CARMEL PLAN COMMISSION'S CONSIDERATION OF THE AMENDMENTS TO THE PETITION OF THE CITY OF CARMEL TO AMEND THE ZONING ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-607 ORDINANCE Z-523-08 (As Amended) An Ordinance to Amend the Old Town District Overlay text, regarding Contributing Buildings To: The Honorable Common Council Of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel Advisory Plan Commission offers you the following report on the Council's amendments to the application (Docket No. 08080003 OA) to amend Zoning Ordinance Chapter 23D.02.B.5, Old Town District Overlay Zane, in order to prevent the demolition of contributing buildings in Old Town without consent of the Director. The Carmel Advisory Plan Commission APPROVES the Council's amendments. At its regular meeting on December 16, 2008, the Commission voted eight (8) in Favor, zero (0) Opposed, zero (0) Abstaining, to approve Ordinance Z-523-08 As Amended. Please be advised that by virtue of the Commission's approval, pursuant to IC 36-7-4-607(e)(4)(A), the ordinance stands as passed by the Council and is effective as of this 19th day of December, 2008. AT EST: Ramona Hancock, Secretary Carmel Advisory Plan Commission Dated: December 19, 2008 2008-1218 08080003 OA Z-523-08 PC ReCertifimdon CARME LAN C BY: ' e Dierckman. President h0 0 b b 1 330 9091