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CARMEL PLAN COMMISSION
-MEMORANDUM-
Date: August 10, 2012
To: Plan Commission Members
From: Adrienne Keeling A1(...
Department of Community Services
Re: Docket No. 12070020 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. 12070020 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 enact a 1-year extension to the sunset clause (expiration date) on the process
for demolition of Contributing Buildings in the Overlay. Filed by the Carmel Department of
Community Services.
Please see the attached proposal to extend the sunset provision (expiration date) on the requirements for
demolishing contributing buildings in the Old Town District Overlay Zone.
Background: In harmony with the Purpose and Intent of the Old Town Overlay, many residents have echoed
the importance over the years of the historic character of commercial and residential areas of Old
Town. Therefore, 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). Along with the 2008 requirements, a
sunset/expiration date was established.
Last year, the Council adopted, at the suggestion of the Plan Commission, an extension of the date to
December 31, 2012. Along with the extension came a request for a committee to perform a detailed
review of the accuracy and need of the Contributing Building Map.
In the mean time, the City Council established the Carmel Historic Preservation Commission, which is
currently in its infancy. While the Preservation Commission's purview is City-wide, it is anticipated that
they will conduct a review of structures in the Old Town area which can help determine the future of the
Contributing Building Map. For this reason, the Department proposes to extend the sunset provision
for an additional year to Give the Preservation Commission time to review.
The information in this packet is arranged in the following order:
1. Copy of Contributing Building Map (Old Town Overlay, Figure 3), which identifies the Contributing
Buildings to which the demolition requirements apply.
2. Copy of the Ordinance Proposal
2012-0821; 11070011 OA; PC Memo.docx
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417
1 Sponsor: Councilor Rider
2
3 ORDINANCE Z-###-12
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. 12070020 OA having received a favorable
25 recommendation from the Carmel Advisory Plan Commission on Tuesday, _, 2012, it
26 hereby adopts this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z-289, as amended), to
27 read as 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
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1 considerations will be given to parts of the building.The Director will
2 also consider how the loss of a building, or a portion thereof, will
3 affect the character of the overlay district, the neighboring buildings,
4 and, in the case of partial demolition, the building itself. Buildings
5 that are noted as non-contributing shall be researched to confirm that
6 there is no obscured architectural or historical significance.
7 In making its determination of significance, the Director shall consider
8 the following:
9 1. Architectural and historic information and significance.
10 2. Information contained in the district's National Register
11 nomination (if one exists).
12 3. The Hamilton County Interim Report, as amended, published
13 March 1992 by the Historic Landmarks Foundation of Indiana.
14 4. Information contained in any other professionally conducted
15 historic surveys pertaining to this district.
16 5. The opinion of Staff.
17 6. Evidence presented by the applicant.
18 7. Evidence presented by recognized experts in architectural history.
19 iv. Replacement: Demolition of a structure may be justified when,
20 in the opinion of the Director, the proposed new development
21 with which it will be replaced is of greater significance to the
22 enhancement of the overlay district than retention of the existing
23 structure. This will only be the case when the structure to be
24 demolished is not of material significance, the loss of the structure
25 will have minimal effect on the historic character of the district, and
26 the new development will be compatible, appropriate and beneficial
27 to the district.
28 To afford the Director the ability to consider demolition on the basis
29 of replacement development, the applicant shall submit the
30 following:
31 1. information required by Section 23D.04: Submittal
32 Process/Application Procedure of this Ordinance;
33 2. a scaled streetscape drawing showing the new development
34 in its context, including at least two buildings on either side;
35 and
36 3. other pertinent documents deemed relevant by the Director.
37
38 b. For the purpose of this Overlay ordinance, demolition shall be defined as the
39 razing, wrecking,or removal by any means of the entire or partial exterior of a
40 structure.The following examples are meant to help define demolition and are
41 not all-inclusive:
42 i. The razing, wrecking,or removal of a total structure.
43 ii. The razing, wrecking, or removal of a part a structure, resulting in a
44 reduction in its mass,height or volume.
45 iii. The razing, wrecking,or removal of an enclosed or open addition.
46 c. Some work that may otherwise be considered demolition may be considered
47 rehabilitation, if done in conjunction with Site Plan and Design Review, per
48 Chapter 23D.04. Examples of rehabilitation include:
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1 i. The removal or destruction of exterior siding and face material,
2 exterior surface trim and portions or exterior walls.
3 ii. The removal or destruction of those elements which provide enclosure
4 at openings in any exterior wall(e.g.,window units,doors,panels.)
5 iii. The removal or destruction of architectural, decorative or
6 structural features and elements which are attached to the
7 exterior of a structure (e.g., parapets, cornices, brackets,
8 chimneys.)
9 d. Examples of work not included in demolition:
10 i. Any work on the interior of a structure.
11 ii. The removal of exterior utility and mechanical equipment.
12 iii. The removal, when not structurally integrated with the main structure,
13 of awnings, gutters, downspouts, light fixtures, open fire escapes,
14 and other attachments.
15 iv. The removal of signs.
16 v. The removal of paint.
17 vi. The removal of site improvement features such as fencing, sidewalks,
18 streets,driveways,curbs,alleys,landscaping and asphalt.
19 vii. The replacement of clear glass with no historic markings.
20 NOTE:Items ii-vi may be considered rehabilitation and require a Site
21 Plan and Design Review,per Chapter 23D.04 and a Letter of Grant.
22 e. However, where a building has been demolished due to fire or other accident
23 or disaster that is customarily covered by insurance, the owner may
24 reconstruct the property in accordance with the applicable guidelines in
25 Section 23D.03, or in substantially the same design as existed prior to the
26 accident, after he/she receives Site Plan and Design Review, per Section
27 23D.04 and a Letter of Grant.
28 f. Sunset Provision. The provision of this subsection, 23D.02.B.5, as amended
29 I per ordinance Z-523-08, shall expire on December 31,204 2013.
30
31 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby
32 repealed.
33
34 Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the
35 Mayor.
36
37 PASSED by the Common Council of the City of Carmel, Indiana this day of
38 2012, by a vote of ayes and nays.
39
40
41
42
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