HomeMy WebLinkAboutPacket 09-19-11 City Council MEMORANDUM
TO: Carmel City Council
FROM: Adrienne Keeling
Department of Community Services
SUBJECT: Z- 552 -11
DATE: September 9, 2011
Please find information on the following item forwarded by the Plan Commission attached. This item will appear
on your September 19 agenda.
Forwarded with afavorable recommendation:
Ordinance Z- 545 -10 (Docket No. 11070011 OA):
Old Town Overlay Demolition Sunset Amendment
Petition to amend the Zoning Ordinance, Chapter 23D: Old Town District Overlay Zone in order to extend 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 adopt a 1 -year extension to the sunset provision (expiration date) on the
requirements for demolishing contributing buildings in the Old Town District Overlay Zone.
In 2008 the Old Town Overlay Zone 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). Along with the 2008 requirements, a sunset /expiration date 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. However, concerns have also been
raised regarding the accuracy and 'need of' the Contributing Building Map. Upon the direction of the Plan
Commission, the Department will perform a review of the Contributing Building Map and, if warranted,
propose amendments to the map and theOld Town Overlay Zone. For this reason, the Department proposes to
extend die -sunset provision for an additional year to allow time for the review parcess.
The infOrillatiOrt on this item has been arranged hi the f f a irrg fOl nat
1. Copy of PC Certification
2. Copy of the Ordinance Proposal (Z- 552 -11)
3. Copy of Contributing Building Map (Old Town Overlay, Figure 3), which identifies the
Contributing Buildings to which the demolition requirements apply.
2011 -0909; Z- 552 -11; 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- 552 -11
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 Plan Commission offers you the following report on the application to the Commission
(Docket No. 11070011 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 Plan Commission's recommendation on the petition is FAVORABLE.
At its regular meeting on August 16, 2011 the Commission voted nine (9) in Favor, zero (0) Opposed,
zero (0) Abstaining, to forward to the Common Council the proposed Ordinance Z 552 with a
Favorable Recommendation with an amendment to extend the sunset clause for one year.
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 (August 26, 2011) is
Thursday, November 24, 2011.
CARIVIE PLAN C 4 MISSION
BY: 6_,/
J 19. nn, President
AT'I T:
aMW
Rapona Hancock, Secretary
Carmel Plan Commission i Q
Dated: August 26, 2011
a3
2011 -0824; Z- 552 -11; PC Certification.doc
ry
J
1 Sponsor: Councilor Rider
2
3 ORDINANCE Z- 552 -11
4 AN ORDINANCE OF THE COMMON COUNCIL OF THE
5 CITY OF CARMEL, INDIANA
6
7 An Ordinance extending 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. 11070011 OA having received a favorable
25 recommendation from the Carmel Advisory Plan Commission on Tuesday, August 16, 2011, it hereby adopts
26 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
46 also consider how the loss of a building, or a portion thereof, will
Ordinance Z- 552 -11
1
1 affect the character of the overlay district, the neighboring buildings,
2 and, in the case of partial demolition, the building itself. Buildings
3 that are noted as non contributing shall be researched to confirm that
4 there is no obscured architectural or historical significance.
5 In making its determination of significance, the Director shall consider
6 the following:
7 1. Architectural and historic information and. significance.
8 2. Information contained in the district's National Register
9 nomination (if one exists).
10 3. The Hamilton County Interim Report, as amended, published
1 I March 1992.by the Historic Landmarks Foundation of Indiana.
12 4. Information contained in any other professionally conducted
13 historic surveys pertaining to this district.
14 5. The opinion of Staff.
15 6. Evidence presented by the applicant.
16 7. Evidence presented by recognized experts in architectural history.
17 iv. Replacement: Demolition of a structure may be justified when,
18 in the opinion of the Director, the proposed new development
19 with which it will be replaced is of greater significance to the
20 enhancement of the overlay district than retention of the existing
21 structure. This will only be the case when the structure to be
22 demolished is not of material significance, the loss of the structure
23 will have minimal effect on the historic character of the district, and
24 the new development will be compatible, appropriate and beneficial
25 to the district.
26 To afford the Director the ability to consider demolition on the basis
27 of replacement development, the applicant shall submit the
28 following:
29 1. information required by Section 23D.04: Submittal
30 Process /Application Procedure of this Ordinance;
3I 2. a scaled streetscape drawing showing the new development
32 in its context, including at least two buildings on either side;
33 and
34 3. other pertinent documents deemed relevant by the Director.
35
36 b.. For the purpose of this Overlay ordinance, demolition shall be defined as the
37 razing, wrecking, or removal by any means of the entire or partial exterior of
38 a structure. The following examples are meant to help define demolition and
39 are not all- inclusive:
40 i. The razing, wrecking, or removal of a total structure.
41 ii. The razing, wrecking, or removal of a part a structure, resulting in a
42 reduction in its mass, height or volume.
43 iii. The razing, wrecking, or removal of an enclosed or open addition.
44 c. Some work that may otherwise be considered demolition may be considered
45 rehabilitation, if done in conjunction with Site Plan and Design Review, per
46 Chapter 23D.04. Examples of rehabilitation include:
47 i. The removal or destruction of exterior siding and face material,
48 exterior surface trim and portions or exterior walls.
49 ii. The removal or destruction of those elements which provide enclosure
50 at openings in any exterior wall (e.g., window units, doors, panels.)
Ordinance Z- 552 -11
1 iii. The removal or destruction of architectural, decorative or
2 structural features and elements which are attached to the
3 exterior of a structure (e.g., parapets, cornices, brackets,
4 chimneys.)
5 d. Examples of work not included in demolition:
6 i. Any work on the interior of a structure.
7 ii. The removal of exterior utility and mechanical equipment.
8 iii. The removal, when not structurally integrated with the main structure,
9 of awnings, gutters, downspouts, Light fixtures, open fire escapes,
10 and other attachments.
11 iv. The removal of signs.
12 v. The removal of paint.
13 vi. The removal of site improvement features such as fencing, sidewalks,
14 streets, driveways, curbs, alleys, landscaping and asphalt.
15 vii. The replacement of clear glass with no historic markings.
16 NOTE: Items ii -vi may be considered rehabilitation and require a
17 Site Plan and Design Review, per Chapter 23D.04 and a Letter of
18 Grant.
19 e. However, where a building has been demolished due to fire or other accident
20 or disaster that is customarily covered by insurance, the owner may
21 reconstruct the property in accordance with the applicable guidelines in
22 Section 23D.03, or in substantially the same design as existed prior to the
23 accident, after he /she receives Site Plan and Design Review, per Section
24 23D.04 and a Letter of Grant.
25 f. Sunset Provision. The provision of this subsection, 23D.02.B.5, as amended
26 J per ordinance Z- 523 -08, shall expire on December 31, 29442012.
27
28
29 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby
30 repealed.
31
32 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the
33 Mayor.
34
35 PASSED by the Coon Council of the City of Carrel, Indiana this day of
36 2011, by a vote of ayes and nays.
37
Ordinance Z- 552 -I1
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