HomeMy WebLinkAboutDept Report 10-19-04
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CARMEL PLAN COMMISSION
DEPARTMENT REPORT
October 19, 2004
14h. Docket Nos. 04070029 OA:
Tem.porary Use Regulations Ordinance &
Resubdivision; Lots containing Two-Family Dwellings
The applicant se'eks to amend Chapters 3, 25, 25.07, and Appendix A of the Carmel/Clay
Zoning Ordinance. The applicant also 'seeks to add Section 5.8 t~ the Carmel Subdivision
Control Otdinanc'e regarding resubdivision of lots containing two-family dwellings.
Filed by the Carmel Department of Community. Services.
. An updated' information packet on this item was' forwarded out with a copy of the meeting
agenda on October 8th.
Since the draft was initially -proposed to the full Plan Commission, the Temporary Use language
has been adjusted, as noted below., Therefore an .additional public hearing must be held prior to
forwarding the item to the City Council for final consideration. The committee voted 3-0 to
forward a favorable recommendation to the full Pl~n' Commission including the amen~ments
pertaining to resubdivision.
Seasonal Oiltdnor Sales v~ Outdoor S9les=
There was much discussion about how to differentiate between seasonal items such as Christmas
Trees and more permanent type outdoor sales and displays. It was suggested that there is no easy
"one size fits all" approach, and that the Committee and public would look more fav,orably upon
the seasonal items. Therefore we've added a definition for Outdoor Sales and revised the
Outdoor Display and Seasonal Outdoor Sales definitions. Along with those definitions, the
requirements and Use Table for each were adjusted.
Ol'ltdoor njspl~y=
The Outdoor Di'splay section was amended to function more as a permanent accessory use to a
property than a temporary use. Properties which wish to have outdoor display must meet the
proposed standards as well as undergoing ADLS review by the Plan Commission. Outdoor
Displays will not be required to obtain a temporary use permit.
Time T Jrnits=
Seasonal 'Outdoor Sales: Annual limit of3 permits per property, each with up to 30 consecutive
days (increased from 15 days). , '
Outdoor Sales: . Annual limit of 3 permits per property, each with up to 5 consecutive days.'
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Fireworks =
Language,allowing'firework saies in temporary structures (tents) has been eliminated, therefore
eliminating the requir~ment for ADLS review. Firework sales will only be allowed in permanent
structures, with temporary use permits.
Resubdivision:
The purpose of this additional language (found in subsection k of your ordinance) is to create a
process by which lots containing two-family' residences (duplex) may be divided to allow each
dwelling unit to sell or mortgage separately. Staff introduced this language to the Subdivision
Committee for comment at its last meeting. Having no concern, the Committee indicated that it
would support the addition of this language to the temporary use ordinance amendment structure.
Department asks that the Commission ,suspend its Rules to allow the matter to be heard.
Published n.otification was made 10 days in advance oft4e meeting. We also ask that the
Commission suspend its rule to forward the item to the council after the public hearing.
The Department recommends that the Plan Commission forward docket No. 04070029 OA
to the City Council with a favorable re'commendation.
Background:
Within Carmel's zoning jurisdiction an array of~emporary uses existthat are not specifically
regulated by the zoning ordinance. Such temporary uses include' seasonal sales (pumpkins,
Christmas trees, etc.), special events (fairs, carnivals, fundraisers, etc.), and outdoor sales of
goods (sidewalk sales, sales of gardening related supplies and plants, etc.). Although these types
of uses tend to come and go throughout the year, they are not mentioned ,within the current text
of the zoning ordinance. While such uses have been allowed in the past, there are no specific
criteria that govern their location, duration, or appearance.
This new ,set of ordinances recognizes these temporary uses and better defines what types of
temporary uses are permitted, and requires such uses to be officially approved by the City of
Carmel. These proposed ordinances will identify what temporary uses are legally permissible,
and will allow the City to better control the location, duration, and appearance of these uses.
These regulations will allow for a more efficient and objective administration of temporary use
approval, tracking, and enforcement. It is the goal of these ordinances to accommodate the
community's desired temporary uses while establishing regulations guiding safety, location, and
compatible aesthetics.
PCR-2004-1019