HomeMy WebLinkAboutPacket 12-01-08 City Council
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MEMORANDUM
TO: Carmel City Council
FROM: Angie Conn
Department of Community Services
SUBJECT: Z-523-08
DATE: November 10, 2008
Please find infonnation on the following item forwarded by the Plan Commission attached. This
item will appear on your December I agenda.
Forwarded with a favorable recommendation:
Ordinance Z-523-08 (Docket No. 08080003 OA):
Amendment, Contributing Buildings
The applicant seeks approval to amend Zoning Ordinance Chapter 230.02.8.5, 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.
Summary:
The Depm1ment 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 buildings in Old Town, unless the property owner receives the
consent of the Director. Currently, property owners within certain sub areas of Old Town can demolish a
structure without any approvals from the Department.
Attached is Figure I from Chapter 23D, which highlights the Subarea boundaries within the Old Town
District Overlay Zone and can be found online at:
han:/ /www.ci.carmel.in.us/services/DOCS/DOCSZOchntrs/ZO%20Ch % 20230% 200 Id % 20Town % 20Fi
g%20 I %20Subarea%20(Summer%202002%20v I ).pdf. Also attached is Figure 3 from Chapter 23D,
which highlights all Contributing Buildings within the Old Town District Overlay Zone and can be found
online at:
hap:/ /www.ci.carmel.in.us/services/DOCS/DOCSZOchptrs/ZO% 20Ch % 2023D% 200 Id % 20T own % 20Fi
g%203%20Contributing%20(Summer%202002%20v I ).ndf.
2008-1107; Z-523-08; Council Report.due
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Sponsor: 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
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. 0-1600-
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 recommendation from the Carmel Advisory Plan Commission on Tuesday, October 21, 2008, it
hereby adopts this Ordinance to amend the Cannel Subdivision Control Ordinance (Ordinance No. Z-160,
as amended), as amended, as follows:
Section I:
ZO CHAPTER 230: OLD TOWN DISTRICT o VERLA Y 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 Proce.u/ApDlicatiol1 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:
1. Structural conditions pose an imminent safety hazard.
II. An advanced state of dilapidation or fire dama{]:e would make it unfeasible to repair
the building for any reasonable economic use.
Council Draft 1 (12/112008)
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111. Significance. The Director shall consider the architectural and historical
significance of the structure individuallv, in relation to the street, and as a 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 neighborin!! buildin!!s, 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 bv the app I ica n t
7. Evidence presented by recognized experts in architectuml historv.
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 onlv 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.
v. 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.
b. For the purpose of this Overlay ordinance, demolition shall be defined as the razing,
wrecking, or removal be 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.
111. 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 coniunction with Site Plan and DesiQ:n Review, per Chapter
23D.04. Examples of rehabilitation include:
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1. The removal or destruction of exterior siding and face material. exterior surface
trim and portions or exterior walls.
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11. The removal or destruction of those elements which provide enclosure at openings in
any exterior wall (e.g.. window units, doors. panels.)
5 111. The removal or destruction of architectural. decorative or structural features
6 and elements which are attached to the exterior of a structure (e.g., parapets.
7 cornices. brackets. chimneys.)
8 d. Examples of work not included in demolition:
9 i. Any work on the interior of a structure.
10 11. The removal of exterior utility and mechanical equioment.
11 III. The removal, when not stmctural integrated with the main structure. of awnings.
12 gutters. downspouts, light fixtures, open fire escapes, and other attachments.
13 IV. The removal of signs.
14 v. The removal of paint.
15 VI. The removal of site improvement features such as fencing, sidewalks, streets,
16 driveways, curbs. allevs. landscaping and asphalt.
17 Vll. The replacement of clear gla,>s with no histOlic markings.
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19 NOTE: Items ii-vi may be considered rehabilitation and require a Site Plan and
20 Design Review, oer Chapter 23D.04 and a Letter of Grant.
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22 e However. Wwhere a building has been demolished due to fire or other accident or disaster
23 that is customarily covered by insurance, the owner may reconstruct the property in
24 accordance with these the applicable guidelines in Section 23D.03, or in substantially the
25 same design as existed prior to the accident.. after he/she receives Site Plan and Design
26 Review. per Section 23D.04 and a Letter of Grant.
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28 f. Sunset Provision. The provision of this subsection, 23D.02.B.5, as amended per ordinance
29 2-523-08. shall expire on December 31. 20 I O.
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31 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are
32 hereby repealed.
33 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the
34 Mayor.
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36 PASSED by the Common Council of the City of Carmel, Indiana this _ day of
37 2008, by a vote of ayes and nays.
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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 Seiden sticker
Ronald E. Carter
Luci Snyder
ATTEST:
Diana L. Cordray, lAMC, Clerk-Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana this ~ day of
20Q8, at
.M.
DianaL. Cordray, IAMC, Clerk-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this _ day of
2008, at
.M.
James Brainard, Mayor
ATTEST:
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3 Diana L. Cordray, lAMC, Clerk-Treasurer
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6 This Instmment prepared by: Angie Conn, Planning Administrator
7 Carmel Planning & Zoning Division
8 City of Carmel, Indiana 46032
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10 This Instmment reviewed by: John Molitor, Carmel Plan Commission Attorney
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