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HomeMy WebLinkAboutDept Report 08-16-11 CARMEL PLAN. COMMISSION DEPARTMENT REPORT AUGUST 16 2011 5. Docket No. 11070010 OAi,Carmel Dr -Range LineRoad Overlay Sunset Amendment., The applicant seeks :to :amend Zoning Ordinance Chapter 23F: Carmel Drive-Range Line Road Overlay Zone in order to remove the sunset clause: Filed by'the•Carmel?Department of Community Services. and 6. Docket No..11070011 OA: Old Town Overlay Demolition Sunset Amendment.iThe, applicant seeks'to.amend Zoning-Ordinance,, Chapter 23D: Old Town District, Overlay Zone in order to remove the sunset clause :on the process for demolition of Contributing Buildings in the Overlay. Filed by the Carmel'Departn ent of Community Services. Carmel.Dr -Range Line Road Overlay Sunset Amendment. The proposal: is to remove the sunset provision,(expiration:date) of the Carmel Drive RangeLine Road Overlay Zone. Adopted in:2005, the purpose of the Carmel Drive Range Line Road Overlay Zone is to enhance the livability of Carmel by encouraging a range of activities in mixed -use buildings, and. to. establish an attractive and safely designed- pedestrian. oriented environment in buildings and along •streetscapes. -included within the Overlay Zone Chapter is a sunset provision mandating its expiration at the end. of 2011. The original expiration date of December 31, 2006 was' inserted into the Overlay as a trial period to ensure that if major problems arose, the regulations ,would expire' You may recall the Department; proposed to delete the sunset provision (expiration date) last year While the Plan Commtssion.recommended it favorably, the Council voted to extend the, sunset clause for` an additional year, until December 2011. The hesitance raised at the time was'thafthe required second story added unnecessary cost to projects, particularly in these difficult economic times. The Carmel Drive.— Range Line Road Overlay Zone' has been ,a valuable tool in, recent years for staff and our decision makers, in achieving the highest quality development in the corridor: Several sites have planned or completed redevelopment "along Range Line Road either under the regulation or influence of the Overlay, including: CVS Pharmacy Turkey Hill•Market Nightingale Offices Fineberg?Building. KT. C (approved•pre -Overlay with :variances for narrower setbacks), Companion Ariinial,Hospital (approved pre- Ovetlaywith.variances for narrower setbacks) The Department proposes to eliminate the sunset provision because the Overlay has served Carmel well and continues to dwso. The•private "market' continues to develop under itsstandards, with and without variances. The entirety :of the'•Overlay Zone (Zoning Ordinance, Chapter 23F, may be viewed on the City's website at http://Www.ci.carrneLin.us/serviees/DOCS/DOCSCAO.htin#Codes. Old Overlay Demolition Sunset Amendment. The proposal is to remove the sunset provision(expiratton, date) on the: requirements for demolishing contributing buildings in the Old Town District Overlay Zone. 'Background: In 2008 the Old Town Overlay was amended toareguite approval by the Director to demolish a contributingbuilding in the boundary of the Overlay '(previously.only:required in the Historic Range Line Road Sub&Area): Prong„ 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; lint the Council voted to extend it for 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 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 identifiesthe Contributing Buildingslto +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:aittp: //www.ci carmel.-in.us/ services /DOCS /DOCSCAO.htm #Codes. Recommendation: The, Dept of Community Services (DOGS) recommends that the Plan Commission suspends its rules of procedure;and votes to forward these two ordinance amendment items to City Council with a favorable recommendation.