HomeMy WebLinkAboutPacket for PC 09-15-20 City of Carmel
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417
CARMEL PLAN COMMISSION
-MEMORANDUM-
Date: September 10, 2020
To: Plan Commission Members
From: Adrienne Keeling
Re: Docket No. 19090013a OA
Enclosed is the information packet for the following item. Please call 571-2417 with any questions.
Docket No. 19090013a OA: Group Home Ordinance Standards.
(Proposed Accessory Dwelling portion remains in Residential Committee)
The applicant seeks to amend the Unified Development Ordinance in order to establish
standards and an approval process and to amend definitions for Group Homes. Filed by the
Department of Community Services on behalf of the Carmel Plan Commission.
Group Home Standards SPLIT from Accessory Dwellings:
The Residential Committee decided to separate the discussion of Accessory Dwellings from Group
Homes and voted to separate the docket into two separate ordinances. Therefore, the proposed
standards for Group Homes moves back to the full Plan Commission with a favorable
recommendation. The proposed Accessory Dwelling standards remain in Residential Committee to
be reviewed further in October.
Group Home revisions since the June 16 Plan Commission meeting:
The initial proposal amended a handful of residential-related definitions regarding Group Homes to
bring us into compliance with the Fair Housing Amendments Act (FHAA) by removing references to
outdated Indiana Statutes and establishing clear limits on the number of occupants. However, after
review of federal court decisions, its was decided to establish standards and a BZA approval process
specifically related to Group Homes. Please find the following attached for your review:
1. Memo from John Molitor which outlines Federal and State Laws governing Group Home
regulations.
2. Proposed Ordinance which highlights the revisions made while at the Residential
Committee.
a. Require Special Exception approval of Group Homes by a BZA Hearing Officer.
i. Establish filing fee in Article 1, Line 40.
ii. Add “Group Home” as a type of Residential Special Exception in S1, S2, R1, R2,
R3, R4, R5, UR, B3, B5, B6, B7 Districts. Appears throughout Article 2, starting
on Line 49.
b. Establish Use-Specific Standards for Group Homes in Article 5, starting on Line 87.
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417
c. Revise the existing Special Exception process specifically for Group Homes in Article
9, starting on Line 146.
d. Further revise definitions for Dwelling, Single-Family, Family and Group Home in
Article 11, starting on Line 283.
i. Note that Group Homes are now defined as six (6) or more persons in need of
care, support or supervision – AND would require Special Exception approval
from the BZA. Five (5) or fewer unrelated persons in need of care would fall
under the definition of “Family” and would not require Special Exception
approval.
e. Delays the effective date to January 1, 2021.
MEMORANDUM
To: Members, Carmel Plan Commission
From: John R. Molitor, Counsel to the Plan Commission
Date: September 9, 2020
Re: Federal and State Laws Governing Group Home Regulations
The proposed ordinance dealing with group homes (now Docket No. 19090013 OA) is designed
to allow the City to regulate these uses within the strict limitations imposed by state and federal
statutes – primarily the Fair Housing Amendments Act (FHAA). Enacted by Congress in 1988
and liberally construed since then by federal appellate courts, the FHAA makes it a
discriminatory housing practice for a local government to “make unavailable or deny, a
dwelling to any buyer or renter because of a handicap….” According to several federal court
decisions, plaintiffs may prove that a City violated the FHAA by showing either (1) disparate
treatment, (2) disparate impact, or (3) a refusal to make a reasonable accommodation for
disabled persons.
The controlling decision in our federal judicial circuit (the 7th, which includes Illinois and
Wisconsin along with Indiana) was issued just two years ago. The case involved the zoning
ordinance of the City of Springfield, Illinois, which has a population similar to Carmel’s. Instead
of requiring a petitioner to demonstrate that it has a “hardship” justifying a variance, this decision
virtually places the burden of proof on a city to show that a petitioner’s “requested
accommodation” for a group home is unreasonable – that is, “if it imposes undue financial or
administrative burdens or requires a fundamental alteration in the nature of the [city’s
comprehensive plan] program.” Valencia v. City of Springfield, Illinois, 883 F.3d 959, 968-970
(7th Cir. 2018).
The Springfield decision also implies that cities shouldn’t preclude group homes from being
located near one another. The court had no problem with the clustering of two or three group
homes, but did note a report from an Illinois council stating that “clusters of four or five group
homes on a single block could … undermine the ability of neighboring group homes to function
properly”.
Finally, a footnote to the decision discusses the issue as to how many unrelated persons may
occupy a single-family home before it is subject to regulation as a group home or boarding
house. Springfield’s ordinance allowed for up to five unrelated persons – the federal court did
not find this provision objectionable. While Carmel’s current UDO definition does not specify a
limit, the proposed ordinance would also allow for up to five. However, a 2003 Indiana Supreme
Court decision previously ruled that a college town’s code limit of three unrelated adults did not
violate the State Constitution. See Dvorak v. City of Bloomington, 796 N.E.2d 236 (Ind. 2003).
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Sponsor: Councilor ______________ 1
2
ORDINANCE Z-6XX-20 3
AN ORDINANCE OF THE COMMON COUNCIL OF THE 4
CITY OF CARMEL, INDIANA 5
___________________________________________________ 6
An Ordinance establishing standards and approval process for Group Homes 7
in the Unified Development Ordinance. 8
9
Synopsis: 10
This ordinance amends the Unified Development Ordinance in order to amend definitions and to establish 11
standards and approval requirements for Group Homes. 12
13
WHEREAS, the term “group home” includes residential facilities designed to house or accommodate 14
the needs of various groups of individuals, particularly persons who are considered disabled or otherwise in 15
need of specialized services. 16
WHEREAS, state and federal statutes, primarily the Fair Housing Amendments Act (FHAA), which 17
was enacted by Congress in 1988, have made it unlawful for local governments to “make unavailable or deny, 18
a dwelling to any buyer or renter because of a handicap.” 19
WHEREAS, according to federal court decisions, plaintiffs may prove that a city violated the FHAA 20
by showing either (1) disparate treatment, (2) disparate impact, or (3) a refusal to make a reasonable 21
accommodation for disabled persons. 22
WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the 23
text of the unified development ordinance; and 24
WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance D-2391-17, the 25
Carmel Unified Development Ordinance is incorporated by reference into the Carmel City Code; 26
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, 27
that, pursuant to IC 36-7-4-600 et seq. and after Docket No. 19090013 OA having received a ___________ 28
recommendation from the Carmel Advisory Plan Commission on Tuesday, ____________, 2020, it hereby 29
adopts this Ordinance to amend the Carmel Unified Development Ordinance (Ordinance Z-625-17, as 30
amended), to read as follows: 31
32
Section I: Amend Article 1: Administration by adding BZA Hearing Officer filing fees for Group Home 33
review. This section was added while at Residential Committee. 34
35
1.29 Filing Fees UDO Page 1-11 36
BZA Hearing Officer 37
• Residential $184 plus $107 for each additional 38
• Commercial petition $749.00 plus $371.00 for each additional 39
• Special Exception, Group Home $104 plus $104 per bedroom 40
• Special Exception, Short Term Rental $104.00 41
• Renewal of Special Exception $52.00 42
43
44
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Section II: Amend Article 2 by adding Group Home either as a Residential Special Exception or Permitted 45
Use for the following Districts: This section was added while at Residential Committee. 46
47
2.03 S1 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-4 48
Residential Special Exception – Group Home 49
50
2.05 S2 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-6 51
Residential Special Exception – Group Home 52
53
2.07 R1 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-8 54
Residential Special Exception – Group Home 55
56
2.09 R2 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-10 57
Residential Special Exception – Group Home 58
59
2.11 R3 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-12 60
Residential Special Exception – Group Home 61
62
2.13 R4 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-14 63
Residential Special Exception – Group Home 64
65
2.15 R5 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-16 66
Residential Special Exception – Group Home 67
68
2.17 UR District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-18 69
Residential Special Exception – Group Home 70
71
2.23 B3 District Intent, Permitted Uses, Special Uses UDO Page 2-24 72
Residential Permitted Use – Group Home 73
74
2.25 B5 District Intent, Permitted Uses, Special Uses UDO Page 2-26 75
Residential Permitted Use – Group Home 76
77
2.27 B6 District Intent, Permitted Uses, Special Uses UDO Page 2-28 78
Residential Permitted Use – Group Home 79
80
2.29 B7 District Intent, Permitted Uses, Special Uses UDO Page 2-30 81
Residential Permitted Use – Group Home 82
83
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Section III: Amend Article 5: Development Standards to add standards for Group Homes as follows: 84
This section was added while at Residential Committee. 85
86
5.72 US-26: Group Home Use-Specific Standards 87
These Use-Specific Standards for Group Homes apply to the following districts: 88
[INSERT ICONS FOR S1, S2, R1, R2, R3, R4, R5, UR] 89
A. Purpose: It is the purpose of this Section to benefit the general public by minimizing adverse 90
impacts on established residential neighborhoods in the City and the owners and residents of 91
properties in these neighborhoods which may result from the conversion of residential 92
properties to business or institutional uses. However, it is also the purpose of this Section to 93
provide that the City may not refuse to make a reasonable accommodation for a Group Home 94
whenever such an accommodation would not impose undue financial or administrative burdens 95
on the City or require a fundamental alteration in the Comprehensive Plan. 96
97
B. Special Exception Eligibility: A Dwelling located in a Residential District may be used as a 98
Group Home only if the owner or occupant applies for and is granted a Special Exception, 99
pursuant to Section 9.08 hereof. 100
101
C. Required Information for Application: Both the initial application and any renewal application 102
for a Special Exception or Improvement Location Permit for a Group Home shall contain 103
primary and secondary emergency contact information, including mailing address, phone 104
number or email address. Upon approval of a Special Exception, emergency contact 105
information shall be shared with the Carmel Police Department. 106
107
D. Limitations: The term of a Special Exception permit granted to a Group Home shall be twenty 108
(20) years. The grant of a Special Exception permit provides an exception only to the other 109
requirements of this Ordinance. It does not confer a right to lease, sublease, or otherwise use a 110
Dwelling as a Group Home where such use is not otherwise allowed by law, a homeowners 111
association agreement or requirements, any applicable covenant, condition, and restriction, a 112
rental agreement, or any other restriction, requirement, or enforceable agreement. Nothing in 113
this Section shall relieve any person of the obligations imposed by any and all applicable 114
provisions of Federal and State laws and the Carmel City Code, including but not limited to 115
those obligations imposed by Indiana tax laws and rules. Further, nothing in this Section shall 116
be construed to limit any remedies available under any and all applicable provisions of Federal 117
or State law and the Carmel City Code. 118
119
E. Reasonable Accommodation: After formal acceptance of an application for a Special 120
Exception for a Group Home, the Director of Community Services shall review the application 121
for the purpose of determining whether it would be a reasonable accommodation for the City to 122
grant the Special Exception in order to provide the residents who would be provided services at 123
the Group Home with access to housing that is equal to that of residents who are not in need of 124
such services. In addition to the items listed in Section 9.08(C) hereof, the Director of 125
Community Services shall consider the following: 126
1. If there are other Group Homes clustered within a block of the site; 127
2. The number of unrelated persons who will be living in the Group Home, and whether 128
any professional support staff will also be residing there; 129
3. In addition to any residents’ cars, if more than two (2) staff cars will be parked at the 130
Group Home, and whether they will be marked; 131
4. If the Dwelling, existing, modified or new, is similar in design, materials and 132
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landscaping as other adjacent and nearby Dwellings; 133
5. Any other exterior indication that the Dwelling will be inhabited by Group Home 134
residents; 135
6. Any undue financial or administrative burdens that would be imposed on the City; and 136
7. If a fundamental alteration in the Comprehensive Plan would be required. 137
138
Based upon this review, the Director of Community Services may support or oppose the 139
granting of the Special Exception. 140
141
142
Section IV: Amend Article 9: Processes to add Group Homes to the Special Exception Process as follows: 143
This section was added while at Residential Committee. 144
145
9.08 Special Exception (Only Applicable to Group Homes and Short Term Residential Rentals) 146
147
A. General Information: Special Exception approval by a Hearing Officer of the Board of Zoning 148
Appeals shall be necessary prior to the establishment of a Special Exception, so cited by the 149
district regulations herein, or the issuance of an Improvement Location Permit for said Special 150
Exception. A Special Exception shall be considered as an exception to the uses allowed under 151
the Unified Development Ordinance, and thus the original application for a Special Exception 152
shall not generally be entitled to favorable consideration, except as follows: 153
154
1. A proposed Group Home where not more than eight (8) unrelated persons will be 155
residents shall generally be entitled to favorable consideration; 156
2. A proposed Group Home where not less than nine (9) nor more than twelve (12) 157
unrelated persons will be residents shall generally be entitled to favorable 158
consideration, so long as the application is not opposed by the Director of Community 159
Services; and 160
3. A proposed Group Home where thirteen (13) or more unrelated persons will be 161
residents shall be entitled to favorable consideration only if the application is supported 162
by the Director of Community Services. 163
164
; however, an Any application for the renewal of a Special Exception shall generally be entitled 165
to favorable consideration, so long as it is not opposed by the Director of Community Services. 166
A Hearing Officer shall have discretion whether to approve or deny each Special Exception 167
application, with his or her decision to be based on the special and unique conditions pertinent 168
to the site, determined as a result of the review procedure established herein. 169
170
B. Procedure: 171
1. Procedure Generally: Whenever an application for a Special Exception within the 172
planning jurisdiction is made, it shall follow the procedure set forth herein and shall 173
conform to the regulations and requirements of the Unified Development Ordinance. 174
2. Consultation with the Director of Community Services and Application: Applicants 175
shall meet with the Director of Community Services to review the zoning classification 176
of their site, review copies of the regulatory ordinances and materials, review the 177
Special Exception procedures, and examine the proposed exception and development of 178
the property. The Director of Community Services shall aid and advise the applicant in 179
preparing the application and supporting documents as necessary. The applicant shall 180
then submit two (2) copies of the written application form and all necessary supporting 181
documents and materials. 182
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3. Initial Review by the Director of Community Services: Docketing on Hearing Officer 183
Agenda: Following the receipt of the written application and necessary supporting 184
documents and materials by the Director of Community Services, the Director shall 185
then review the materials solely for the purpose of determining whether the application 186
is complete and in technical compliance with all applicable ordinances, laws, and 187
regulations, and therefore entitled to be forwarded to the Board of Zoning Appeals. If 188
the materials submitted by the applicant are not complete or do not comply with the 189
necessary legal requirements, the Director of Community Services shall inform the 190
applicant of the deficiencies in said materials. Unless and until the Director of 191
Community Services formally accepts the Special Exception application as complete 192
and in legal compliance, it shall not be considered as formally filed for the purpose of 193
proceeding to succeeding steps toward Special Exception approval as hereinafter set 194
forth. Within thirty (30) days of the formal acceptance of the application by the 195
Director of Community Services, the Director shall formally file the application by 196
placing it upon the agenda of a Board of Zoning Appeals Hearing Officer, according to 197
the Rules of Procedure of the Board of Zoning Appeals. 198
4. Public Hearing: Once the Director of Community Services has accepted and filed the 199
application with a Hearing Officer, a docket number shall be assigned and a date and 200
time set for a public hearing by the Hearing Officer, according to the Rules of 201
Procedure of the Board of Zoning Appeals. The applicant shall be responsible for the 202
cost and publication of any required published legal notification of the public hearing. 203
The applicant shall also notify all interested parties and property owners as required by 204
the Rules of Procedure of the Board of Zoning Appeals; however, notice by publication 205
shall not be required for the renewal of a Special Exception. The conduct of the public 206
hearing shall be in accordance with the Board of Zoning Appeals Rules of Procedure. 207
5. Approval or Denial of the Special Exception Application: Upon approval of a Special 208
Exception, the Hearing Officer shall inform the applicant that the applicant may apply 209
to the Director of Community Services for Improvement Location Permits (if 210
necessary) or may commence the Special Exception if no permits are required. Failure 211
of the Hearing Officer to inform the applicant of the time limits set forth in Section 212
5.72(D) shall not relieve the applicant of complying with said Section. 213
6. Appeal of Hearing Officer Decision: A decision of a Hearing Officer shall not be a 214
basis for judicial review, but it may be appealed to the Board of Zoning Appeals. The 215
Board of Zoning Appeals shall conduct a new hearing on the matter and shall not be 216
bound by any Findings of Fact made by the Hearing Officer. A person who wishes to 217
appeal a decision of the Hearing Officer must file the appeal with the Board of Zoning 218
Appeals within five (5) days after the decision is made, as provided in I.C. 36-7-4-924. 219
7. Time Limit for Re-Application: A Special Exception application that is denied by a 220
Hearing Officer or the Board of Zoning Appeals is ineligible to be placed again on an 221
agenda for consideration until the legality of the decision is finally determined by a 222
court, pursuant to judicial review according to the Advisory Planning Law, or for a 223
period of twelve (12) months following the date of the denial, whichever is later. In 224
addition, whenever a Special Exception application is denied, the property involved in 225
the application shall not be the subject of a different Special Exception application, or 226
any use variance or rezone proposal, for a period of six (6) months following the date 227
of the denial. 228
229
C. Basis of Review: A Hearing Officer, in reviewing a Special Exception application, shall give 230
consideration to the particular needs and circumstances of each application and shall examine 231
the following items as they relate to the proposed Special Exception: 232
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1. Surrounding zoning and land use; 233
2. Access to public streets; 234
3. Driveway and curb cut locations in relation to other sites; 235
4. Parking location and arrangement; 236
5. Trash and material storage; 237
6. Necessary exterior lighting; and 238
7. Protective restrictions and/or covenants. 239
240
D. Basis of Approval or Rejection: A Hearing Officer, in approving or rejecting a Special 241
Exception application, shall base his or her decision upon the following factors as they relate to 242
the above listed items (Section 9.08 (C) concerning the proposed Special Exception: 243
1. The economic factors related to the proposed Special Exception, such as cost/benefit to 244
the community and its anticipated effect on surrounding property values; 245
2. The social/neighborhood factors related to the proposed Special Exception, such as 246
compatibility with existing uses in the vicinity of the premises under consideration and 247
how the proposed Special Exception will affect neighborhood integrity; and 248
3. The effects of the proposed Special Exception on vehicular and pedestrian traffic in and 249
around the premises upon which the Special Exception is proposed. 250
251
E. Special Exception Group Home Decisions; Commitment: Pursuant to IC 36-7-4-1015, a 252
Hearing Officer may, as a condition to any approval of an application for a Special Exception, 253
require or allow the owner to make any or all of the following commitments concerning the use 254
of the property: 255
1. That the Special Exception will fully comply with Section 5.72 Group Home Use 256
Standards. 257
2. That the Special Exception will be limited to five (5), ten (10), or fifteen (15) years, at 258
the discretion of the Hearing Officer. 259
3. If the Hearing Officer determines that a homeowners association or similar entity has 260
established limitations or prohibitions that apply to the property, that the owner’s 261
implementation of the Special Exception will not result in the violation of any such 262
limitations or prohibitions. 263
264
E.F. Special Exception Short Term Residential Rental Decisions; Commitment: Pursuant to IC 36-265
7-4-1015, a Hearing Officer may, as a condition to any approval of an application for a Special 266
Exception, require or allow the owner to make any or all of the following commitments 267
concerning the use of the property: 268
1. That the Special Exception will fully comply with Section 5.725.73 Short Term 269
Residential Rental Standards. 270
2. That the Special Exception will be limited to thirty (30), sixty (60), or ninety (90) days 271
during a calendar year, at the discretion of the Hearing Officer. 272
3. If the Hearing Officer determines that a homeowners association or similar entity has 273
established limitations or prohibitions that apply to the property, that the owner’s 274
implementation of the Special Exception will not result in the violation of any such 275
limitations or prohibitions. 276
277
278
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Section V: Amend Article 11: Definitions as follows: 279
280
11.02 Definitions UDO Pages 11-4 through 11-22 281
282
Dwelling, Single-Family: A residential Building containing only one (1) Dwelling Unit and not 283
occupied by more than one (1) Family. Pursuant to IC 12-28-4-7, aA Group Home for the mentally ill 284
shall be treated as if it were a Single-family Dwelling, unless the Group Home will be located within 285
3,000 feet of another Group Home for the mentally ill, as measured between lot lines. Pursuant to IC 286
12-28-4-8, a Group Home for not more than ten (10) developmentally disabled individuals which is 287
established under a program authorized by IC 12-11-1.1-1(e)(1) or IC 12-11-1.1-1(e)(2) shall be 288
treated as if it were a Single-family Dwelling. 289
290
Family: One or more persons living as a single housekeeping unit, including up to five (5) unrelated 291
persons, as distinguished from a group occupying a hotel, club, nursing home, fraternity or sorority 292
house, or Group Home. 293
294
Home, Group: A residential Structure or facility where up to eight (8)six (6) or more unrelated people 295
persons who are in need of care, support or supervision can live together, such as children or those 296
who are elderly, disabled or mentally ill.Any of The Following: 297
1. A residential Structure (licensed under IC 12-17.4) in which care is provided on a twenty-four 298
(24) hour basis for not more than ten (10) children; or 299
2. A facility (licensed under IC 12-28-4) that provides residential services for developmentally 300
disabled individuals in a program described in IC 12-11-1.1-1(e)(1) or IC 12-11-1.1-1(e)(2); or 301
3. A facility (licensed under IC 12-28-4) that provides residential services for mentally ill 302
individuals in a program described in IC 12-22-2-3. 303
304
Section VI: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby 305
repealed. 306
307
Section VII: This Ordinance shall be in full force and effect beginning January 1, 2021 from and after its 308
passage and signing by the Mayor. 309
310
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PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2020, by a vote of _____ ayes 311
and _____ nays. 312
313
314
COMMON COUNCIL FOR THE CITY OF CARMEL 315
316
___________________________________ 317
Laura D. Campbell, President Sue Finkam, Vice-President 318
319
320
___________________________________ ____________________________________ 321
H. Bruce Kimball Kevin D. Rider 322
323
324
___________________________________ ____________________________________ 325
Anthony Green Jeff Worrell 326
327
328
___________________________________ ___________________________________ 329
Tim Hannon Miles Nelson 330
331
332
___________________________________ 333
Adam Aasen 334
335
336
ATTEST: 337
338
__________________________________ 339
Sue Wolfgang, Clerk 340
341
342
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 2020, at 343
_______ __.M. 344
345
____________________________________ 346
Sue Wolfgang, Clerk 347
348
349
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2020, at _______ 350
__.M. 351
352
____________________________________ 353
James Brainard, Mayor 354
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356
357
ATTEST: 358
___________________________________ 359
Sue Wolfgang, Clerk 360
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Prepared by: 363
Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 364