HomeMy WebLinkAboutPacket City Council 10-18-10 J
MEMORANDUM
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TO: Carmel City Council
FROM: Adrienne Keeling ._`K
Department of Community Services
SUBJECT: Z- 545 -10
DATE: October 7, 2010
Please find information on the following item forwarded by the Plan Commission attached. This item will appear
on your October 18 agenda.
Forwarded with afavorable recommendation:
Ordinance Z- 545 -10 (Docket No. 10080017 OA):
Old Town Overlay Demolition Sunset Amendment
Petition 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 Director Approval was only required in
the Historic Range Line Road Sub Area). AIong 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 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. While redundant, this language was kept in 2008 in the
event that the Overlay -wide language was allowed to expire.
The information on this item has been arranged in the following format:
1. Copy of PC Certification
2. Copy of the Ordinance Proposal (Z-545- 10)
3. Copy of Contributing Building Map (Old Town Overlay, Figure 3), which identifies the
Contributing Buildings to which the demolition requirements apply.
2010 1018; Z- 545 -10; Council Report.doc
CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
TO AMEND THE ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36 -7 -4 -605
ORDINANCE Z- 545 -10
An Ordinance to Amend Chapter 23D: Old Town District Overlay Zone of the Zoning Ordinance.
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 application to the
Commission (Docket No. 10080017 OA) to Amend Chapter 23D: Old Town District Overlay Zone in
order to remove the sunset clause on the process for demolition approvals in the Overlay.
The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE.
At its regular meeting on September 21. 2010 the Commission voted nine (9) in Favor, zero (0) Opposed.
zero (0) Abstaining, to forward to the Common Council the proposed Ordinance Z- 545 -10 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 4. 2010) is Sunday.
January 2, 2011.
CARMEL ADV ;,:ORY PLAN COMMISSION
BY b
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Dierckman, President
ATTEST:
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Ramona Hancock, Secretary
Carmel Advisory Plan Commission
Dated: October 4, 29110
2010 0927;2- 545 -10;PC Certification.doc SZ :t d 11-- 130 0101
1 Sponsor: Councilor Rider
2
3 ORDINANCE Z- 545 -10
4 AN ORDINANCE OF THE COMMON COUNCIL OF THE
5 CITY OF CARMEL, INDIANA
6
7 An Ordinance removing the sunset provision on the process for demolition of contributing buildings Old
8 Town District Overlay Zone in the Carmel Zoning Ordinance
9
10 WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36 -7 -4),
11 each unit of local government that wishes to adopt land use and zoning ordinances must first approve by
12 resolution a comprehensive plan for the geographic area over which it has jurisdiction; and
13 WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was
14 given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and
15 duly approved by Resolution No. CC- 05- 04 -09 -02 of the Common Council on May 4, 2009, and is therefore
16 the official Comprehensive Plan of the City of Carmel and Clay Township; and
17 WHEREAS, the City wishes to maintain an orderly, consistent and streamlined Zoning Ordinance;
18 and
19 WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to amend the
20 text of the zoning ordinance; and
21 WHEREAS, pursuant to Indiana Code 36 -7 -4 -610 and City of Carmel Ordinance No. D- 1600 -02, the
22 Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City Code;
23 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana,
24 that, pursuant to IC 36 -7 -4 -600 et seq. and after Docket No. 10080017 OA having received a favorable
25 recommendation from the Carmel Advisory Plan Commission on Tuesday, September 21, 2010, it hereby
26 adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z -289, as amended), to read as
27 follows:
28 Section I:
29 ZO CHAPTER 23D: OLD TOWN DISTRICT OVERLAY ZONE
30 a. Amend Section 23D.02(B)(5) as follows:
31 23D.02 Application of Guidelines of the Overlay District.
32 B. Contributing Buildings and Non contributing Buildings.
33 5. Demolition. No Contributing Building, or any part of it, may be demolished in this
34 overlay without the consent of the Director. Before receiving any permits or
35 undertaking any work that constitutes demolition, the applicant must comply with
36 Section 23D.04: Submittal Process /Application Procedure of this Ordinance.
37 a. The Director shall only consider the following when determining whether a
38 building or any part of it may be demolished:
39 i. Structural conditions pose an imminent safety hazard.
40 ii. An advanced state of dilapidation or fire damage would make it
41 unfeasible to repair the building for any reasonable economic use.
42 iii. Significance. The Director shall consider the architectural and
43 historical significance of the structure individually, in relation to
44 the street, and as a part of the district as a whole. These same
45 considerations will be given to parts of the building. The Director will
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Ordinance Z- 545 -10
1 also consider how the loss of a building, or a portion thereof, will
2 affect the character of the overlay district, the neighboring buildings,
3 and, in the case of partial demolition, the building itself. Buildings
4 that are noted as non contributing shall be researched to confirm that
5 there is no obscured architectural or historical significance.
6 In making its determination of significance, the Director shall consider
7 the following:
8 1. Architectural and historic information and significance.
9 2. Information contained in the district's National Register
10 nomination (if one exists).
11 3. The Hamilton County Interim Report, as amended, published
12 March 1992 by the Historic Landmarks Foundation of Indiana.
13 4. Information contained in any other professionally conducted
14 historic surveys pertaining to this district.
15 5. The opinion of Staff.
16 6. Evidence presented by the applicant.
17 7. Evidence presented by recognized experts in architectural history.
18 iv. Replacement: Demolition of a structure may be justified when,
19 in the opinion of the Director, the proposed new development
20 with which it will be replaced is of greater significance to the
21 enhancement of the overlay district than retention of the existing
22 structure. This will only be the case when the structure to be
23 demolished is not of material significance, the loss of the structure
24 will have minimal effect on the historic character of the district, and
25 the new development will be compatible, appropriate and beneficial
26 to the district.
27 To afford the Director the ability to consider demolition on the basis
28 of replacement development, the applicant shall submit the
29 following:
30 1. information required by Section 23D.04: Submittal
31 Process /Application Procedure of this Ordinance;
32 2. a scaled streetscape drawing showing the new development
33 in its context, including at least two buildings on either side;
34 and
35 3. other pertinent documents deemed relevant by the Director.
36
37 b. For the purpose of this Overlay ordinance, demolition shall be defined as the
38 razing, wrecking, or removal by any means of the entire or partial exterior of
39 a structure. The following examples are meant to help define demolition and
40 are not all- inclusive:
41 i. The razing, wrecking, or removal of a total structure.
42 ii. The razing, wrecking, or removal of a part a structure, resulting in a
43 reduction in its mass, height or volume.
44 iii. The razing, wrecking, or removal of an enclosed or open addition.
45 c. Some work that may otherwise be considered demolition may be considered
46 rehabilitation, if done in conjunction with Site Plan and Design Review, per
47 Chapter 23D.04. Examples of rehabilitation include:
48 i. The removal or destruction of exterior siding and face material,
49 exterior surface trim and portions or exterior walls.
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Ordinance Z- 545 -10
1
1 c. Materials.
2 i. Details such as porch railings, trim boards, fascia boards, and cornices may not be
3 removed from the building.
4 ii. Original materials of the building will be repaired rather than replaced, when possible.
5 iii. When original materials, windows, doors, siding, railings, and other details cannot be
6 repaired, they may only be replaced with architecturally correct materials that simulate
7 the look, details and dimensions of the original. Substitute materials (vinyl, aluminum,
8 concrete plank, e.g.) must meet these standards in order to be acceptable.
9 d. Alterations.
10 i. Alterations to the interior of the historic building are allowed if the exterior of the
11 building is not changed.
12 ii. No alterations are allowed that permanently change the massing, character, window
13 placement or details of the exterior of the original building.
14 iii. Previous additions or alterations to the building that detract from or conceal the
15 character of the building may be removed and the building restored to a previous
16 condition. In this process, no attempt should be made to add "historic" features (e.g.,
17 bay windows or gingerbread trim) not actually a part of the original building.
18 e. Additions.
19 i. Additions are allowed only in the rear of the building.
20 ii. Additions may not be taller or wider than the existing building.
21 iii. Additions must be designed to complement, but not mimic, the historic architecture.
22 iv. Additions must be built in such a way that they can be removed in the future without
23 damage to the original building.
24
25
26 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby
27 repealed.
28
29 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the
30 Mayor.
31
32 PASSED by the Common Council of the City of Carmel, Indiana this day of
33 2010, by a vote of ayes and nays.
34
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