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Home My WebLink AboutZ-560-12 Extend Sunset Provision/Demolition/Old Town District Overlay ZoneSponsor(s): Councilor(s) Rider, Schleif and Snyder ORDINANCE Z- 560 -12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance extending 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. 12070020 OA having received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday, August 21, 2012, 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 Contributing Building, or any part of it, may be 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 also consider how the loss of a building, or a portion thereof, will Ordinance Z- 560 -12 1 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 following 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. ii. The removal or destruction of those elements which provide enclosure at openings in any exterior wall (e.g., window units, doors, panels.) Ordinance Z- 560 -12 2 d. e. f. Section II: All prior Ordinances or parts repealed. Section III: This Ordinance shall be in Mayor. 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.) Examples of work not included in demolition: 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. 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. Sunset Provision. The provision of this subsection, 23D.02.B.5, as amended per ordinance Z- 523 -08, shall expire on December 31, 2013. thereof inconsistent with any provision of this Ordinance are hereby full force and effect from and after its passage and signing by the PASSEL) by the Common Council of the City of Carmel, Indiana this 1 S� day of 0 C46 2012, by a vote of 7 ayes and 0 nays. Ordinance Z- 560 -12 3 COMMON COUNCIL FOR THE CITY OF CA Pre ding Offi °r Ke in D. RI Richard L. Sharp, President Pro Tempore Ronald E. Carter ATTEST: Diana L. Cordray, IAMC, Clerk- reasurer Carol Schleif W. Eric Seidensticker nd Presented by me to the Mayor of the City of Carmel, Indiana this o? day of clz- eyut_. 2012, at 9: a?9 4.M. Diana L. Cordray, IAMC, Clerk- eaurer Approved by me, Mayor of the City of Carmel, Indiana, this 1 t day of Ci..5e Geh. 2012, at 3. n P .M. ATTEST: Diana L. Cordray, IAMC, Cler Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 reasurer Jam rainard, Mayor Ordinance Z- 560 -12 4 CA 4-' M EL OLD To CONTRIBUTING BUILDINGS (FIGURE 3) CARMEL, 9NDIAN A CONTRIBUTING NON - CONTRIBUTING JANUARY 2002 200 0 200 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 -508 ORDINANCE Z- 560 -12 OLD TOWN OVERLAY DEMOLITION SUNSET AMENDMENT 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 (Docket No. 12070020 OA) of the City of Carmel Department of Community Services petitioning the Commission for a favorable recommendation to amend Chapter 23D of the Zoning Ordinance, Old Town District Overlay Zone, in order to enact a one (1) year extension to the sunset clause expiration date on the process of demolition of Contributing Buildings in the Overlay. The Carmel Plan Commission's recommendation on the petition of the applicant is `FAVORABLE.' At its regularly scheduled meeting of August 21, 2012, the Carmel Plan Commission voted ten (10) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z- 560 -12 with a Favorable Recommendation. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36- 7- 4- 607(e) 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 this Certification is Monday, November 26, 2012. ATTEST: amona Hancoc , Secretary Carmel Plan Commission Dated: August 29, 2012 CARMEL AN COMMISSION BY: r Jay Dorn, resident