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HomeMy WebLinkAboutDept Report 8-16-11 !CARMEL PLAN COMMISSION DEPARTMENT REPORT AUGUST 16, 2011 5. Pocket 14o. 11070010 OA: Carmel Dr -Range Lineā€¢Road 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 Conpnunity Services. and 6. Docket No:,11070011 OAi3 Old' Town Overlay Demolition Sunset Amendment. The applicant seeks to-amend- Zoning Ordinance, Chapter 23D:'Old Town District' Overlay Zone in order to remove the sunset,clause on'the for demolition of Contributing Buildings in the Overlay. Filed by the Carmel Department of Community :Services. Carmel De Range Line Road Overlay Sunset. Amendment. The proposal 'is to remove the sunset provision (expiration date)' of the. Carmel Drive Range Line 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-Commission 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 that'the 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 /'Phannacy Turkey Hill Market Nightingale: Offices ;Fineberg:Building. KFC (approved. pre Overlay with.; variances "for narrower setbacks) Companion Animal Hospital (approved with variances for narrower setbacks) The Department proposes to- eliminate the sunset provision, because the Overlay has served Carmel well and continues to do so. The private market continues to develop under 'its standards, 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.cartnel anus/ services /DOCS/DOCSCAO.htm#Codes. Old Overlay Demolition Sunset Amendment. The proposal is to remove the sunset provision (expiration date) on the requirements for demolishing contributing buildings in theOld 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 onlyrequired 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 taextend it for an additional year, through December- 2011. In hamronywith 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 two steps: 1. Delete the Sunset Provision, 23D.02.B5(I), 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 /DOCS/DOCSCAO.htm #Codes. Recommendation: The Dept. of Community Services;.(DOCS) 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.