HomeMy WebLinkAboutDept Report 10-02-12 CARMEL PLAN COMMISSION I SPECIAL STUDIES COMMITTEE
OCTOBER 2, 2012 DEPARTMENT REPORT
3. Docket No. 12080007 Z: Old Town Neighborhood Rezone.
The applicant seeks approval to rezone 22 parcels from the B-1/Business, B-3/Business and B-
5/Business District Classifications within the Old Town District Overlay Zone, Character Sub-Area to
the R-3/Residence, R-4/Residence and B-5/Business District Classifications within the Old Town
District Overlay Zone, Character Sub-Area. The properties are located along 1St Avenue NW, 1st
Avenue NE, 2nd Avenue NE, 1St Street NE, 2nd Street NE and 5th Street NE. Filed by the Carmel
Dept. of Community Services.
Several comments were made by members of the public and the Plan Commission at the Sept. 18 Public
Hearing. By and large, the proposed rezoning has been well-received, particularly in the areas deeper into the
neighborhood. However, two property owners (locations: 120 1St Avenue NE & 140 1St Street NE) expressed
concerns over the potential loss of property value by rezoning their business-zoned properties to a residential
zoning district.
The following information is offered in response to questions or requests by the Plan Commission:
Q: Permitted B-1 vs. B-5 District Uses?
A: In the revised info packets is Zoning Ordinance Appendix A: Schedule of Uses with B-1 &B-5
Districts highlighted for comparison. As you can see, the districts are very similar with respect
to permitted Office & Institutional Uses; however, B-5 is much more limited in permitted Retail
& Services Uses, and does not permit any Cultural &Entertainment Uses at all.
Q: Can the Plan Commission limit uses on individual properties?
A: The short answer is yes, and it would require working with land owners to establish
commitments for each parcel.
Q: Are existing businesses "grandfathered" if the zoning changes to residential?
A: Legally established businesses would be considered legal non-conforming uses (or grand-
fathered) which could continue to operate. They would be subject to Zoning Ordinance Chapter
28: Nonconforming Uses &Exemptions.
Q: Can a resident operate a business in their home?
A: The Zoning Ordinance Section 25.18 does allow for home occupations that are incidental to the
use of the property as a residence. However, they are limited to 15% of the gross floor area of
the dwelling, 1 outside employee, and should bear no indication from the exterior. Some uses
are excluded, including antique/gift shops, serving of food & beverage, animal hospital,
commercial kennel, automobile repair, major appliance repair & service, and any processing or
manufacturing that produces noxious material or products.
The parcel map and address list is also enclosed again in the revised info packets. These have not changed
since the public hearing.
Recommendation:
The Dept. of Community Services (DOCS) recommends that the Committee forwards this item to the Oct. 16
Plan Commission meeting with a favorable recommendation.
3