HomeMy WebLinkAboutPacket PC 09-21-10 oG o 49 y. of arme
CARMEL PLAN COMMISSION
MEMORANDUM-
Date: September 10, 2010
To: Plan Commission Members
From: Adrienne Keeling
Department of Community Services
Re: Docket No. 10080017 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. 10080017 OA: Old Town Overlay Demolition Sunset Amendment
The applicant seeks to amend the Zoning Ordinance, Chapter 23D: Old Town District Overlay
Zone in order to remove the sunset clause on the process for demolition approvals in the
Overlay. Filed by the Carmel Department of Community Services.
Please see the attached proposal to remove the sunset provision (expiration date) on the requirements for
demolishing contributing buildings in the Old Town District Overlay Zone.
Background: In 2008 the Old Town Overlay was amended to require approval by the Director to demolish a
contributing building in the boundary of the Overlay (previously only required in the Historic Range Line
Road Sub Area). Along with the 2008 requirements, a sunset/expiration date of December 31, 2010,
was established.
In harmony with the Purpose and Intent of the Old Town Overlay, many residents have echoed the
importance of the historic character of commercial and residential areas of Old Town. For this reason,
the Department proposes to eliminate the sunset provision so that the extra protection afforded to
contributing buildings may remain in effect.
Proposal: This proposed ordinance amendment consists of two steps:
1. Delete the Sunset Provision, 23D.02.B.5(f), thereby making Director Approval a more
permanent requirement for the demolition of contributing buildings. This applies to the entire
Overlay Zone.
2. Delete the Demolition requirements specific to the Historic Range Line Road Sub -Area,
23D.03.A.2(a). This sub -area was previously the only area requiring Director Approval for the
demolition of contributing buildings. This language was kept in 2008 in the event that the
Overlay -wide language was allowed to expire.
Also attached for your reference is the Contributing Building Map (Old Town Overlay, Figure 3), which
identifies the Contributing Buildings to which the demolition requirements apply.
2010 -0910; PC Memo.rtf
Page 1
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
Sponsor: Councilor Rider
ORDINANCE Z- -10
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance removing the sunset provision on the process for demolition of contributing buildings Old Town
District Overlay Zone in the Carmel Zoning Ordinance
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 Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was
given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and duly
approved by Resolution No. CC- 05- 04 -09 -02 of the Common Council on May 4, 2009, 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 Ordinance; and
WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to amend the text
of the zoning ordinance; 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 -600 et seq. and after Docket No. 10080017 OA having received a favorable
recommendation from the Carmel Advisory Plan Commission on Tuesday, 2010, it hereby
adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z -289, as amended), to read as
follows:
Section I:
ZO CHAPTER 23D: OLD TOWN DISTRICT OVERLAY ZONE
a. Amend Section 23D.02(B)(5) as follows:
23D.02 Application of Guidelines of the Overlay District.
B. Contributing Buildings and Non contributing Buildings.
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 a part of the district as a whole. These same
considerations will be given to parts of the building. The Director will
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Ordinance Z- -10 DRAFT
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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 applicant.
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:
1. 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.
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Ordinance Z- -10 DRAFT
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u. 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 ii -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.
f. Sunset Provision. The provision of this subsection, 23D.02.B.5, as amended per
ordinance Z 523 08, shall expire on December 31, 2010.
b. Amend Section 23D.03(A)(2) as follows:
23D.03 Guidelines.
A. Historic Range Line Road Sub -Area.
2. Additional Guidelines for Alterations Additions to Contributing Buildings in the Historic Range Line
Road Sub -Area.
Alterations and additions to existing, Contributing Buildings in the Historic Range Line Road Sub -Area
shall be guided by the following:
a. Demolition. No Contributing Building, or any part of it, may be demolished in this district
without the consent of the Director. Tho Director shall only consider the following when
i. Structural conditions pose an imminent safety hazard.
ii. An advanced state of dilapidation or fire damage would make it unfeasible to repair tho
iii. The particular financial situation of the current owner or the curront owner's desired use
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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.
PASSED by the Common Council of the City of Carmel, Indiana this day of 2010,
by a vote of ayes and nays.
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C A R M E L OLD TO W N III CONTRIBUTING
CONTRIBUTING BUILDINGS (FIGURE 3)
r, NON- CONTRIBUTING
.RY,x.-
CARMEL, INDIANA
JANUARY 2002
ii 200 0 200