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HomeMy WebLinkAboutPacket 08-16-11 1 1 C o C/ q iG i arm e I I I r D s l+ 1 CARMEL PLAN COMMISSION -MEMORANDUM- Date: August 5, 2011 To: Plan Commission Members From: Adrienne Keeling Department of Community Services Re: Docket No. 11070011 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. 11070011 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. The Department proposed to delete the sunset/expiration date last year. The Plan Commission recommended it favorably, but the Council voted to extend it for an additional year, through December 2011. 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 again 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 section applies to all Sub -Areas of the 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. The entirety of the Old Town Overlay Zone (Zoning Ordinance, Chapter 23D) may be viewed on the City's website at: http: /www.ci.carmel.in.us /services /DOGS /DOCSCAO.htm #Codes. ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Sponsor: Councilor ORDINANCE Z- -11 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. 11070011 OA having received a favorable recommendation from the Carmel .Advisory Plan Commission on Tuesday, 2011, 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 C €mtribu ing Building. or any part of it, may he 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 08/05/2011 Ordinance Z- -11 DRAFT 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 fallowing 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. 08/05/2011 Ordinance Z- -11 DRAFT 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 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 Guidel.ines. 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 i. Structural conditions pose an imminent safety hazard. iii. The particular financial situation of the current owner or the current owner's desired use 08/05/2011 Ordinance Z- -11 DRAFT 3 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 2011, by a vote of ayes and nays. 08/05/2011 Ordinance Z- -11 DRAFT 4