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HomeMy WebLinkAboutDepartment Report 09-15-207 CARMEL PLAN COMMISSION DEPARTMENT REPORT SEPTEMBER 19, 2020 1. 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 approval process and to amend definitions for Group Homes. Filed by the Department of Community Services on behalf of the Carmel Plan Commission *Updates to the Dept. Report are written in blue. 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. Project Overview: Please view the informational packet for the proposed ordinance and details of the revisions. June 16 Plan Commission Meeting Recap: Staff presented an overview of the proposed ordinance amendment and described what an accessory dwelling is and the many forms they could be constructed, whether within, attached to or located on the same lot as a single-family home. Staff also summarized the rapid housing growth in Carmel over the last 50 years, noting that even though single-family detached houses have made up the majority of the new housing options, other types of housing, such as townhomes, condominiums and additional apartments have also been introduced into the market. The amendments were then summarized based on the purpose of each Article affected in the UDO, and additional clarification was discussed regarding the amended definitions relating to Group Homes. Finally, staff re-iterated ADUs as an option to help offset high housing costs and limited developable land, particularly because they can be discreetly built into the character of new and existing neighborhoods while also making efficient use of existing infrastructure. Three letters from the public were received and acknowledged; one in favor (Andrea Davis/HAND, Inc.), and two opposed (BAGI and a citizen). Plan Commission members had several questions, including if/how setbacks and district standards would be applied, whether this ordinance would supersede subdivision covenants, and how utility capacities may be affected. Members also expressed concerns, including the potential effect on existing neighborhoods, limiting consumer choice by requiring ADUs in new subdivisions, and potential unintended consequences of requiring ADUs such as increased costs, increased proposed lot sizes to avoid the requirements and the location of new developments further away from walkable areas. The Plan Commission forwarded this item to the Residential Committee meeting on Tuesday, July 7, 2020, with the final voting/recommendation authority returning to the full Plan Commission. July 7 Residential Committee Meeting Recap: The Committee set a time limit of 45 minutes for discussion. Staff acknowledged two additional letters from the public; one Kate Collins (BAGI) with additional questions, and the other from Dee Fox & Jill Meisenheimer. An article titled “Beyond Nursing Homes,” was also distributed prior to the meeting. Staff also answered some questions that were either raised at the initial public hearing in June, or in the letters. Finally, given the number of topics proposed in the ordinance, staff outlined a suggested order of review, beginning with the proposed ADU standards. The Committee had questions including property taxation, and any accounting of the number of subdivision covenants that would allow ADUs. After further discussion, the Committee began review of the proposed ADU standards proposed in Article 5, and the established time limit was reached. The item was continued to the August Residential Committee meeting. 8 August 4 Residential Committee Meeting Recap: The Committee set a time limit of 45 minutes for discussion. Review of the ordinance picked up review of the proposed ADU standards where discussion left off in July. As a result of discussion, the Committee requested further information or revisions including, smaller ground floor area for detached ADUs, prohibition of the conversion of attached garages to ADUs, parking, mailboxes, and basements for detached ADUs. Discussion then moved on to Group Homes, where John Molitor presented the rationale of the proposed definition revisions in the context of a 2018 federal court decision. John also answered questions regarding subdivision covenants and the perception that group homes function as a commercial use in neighborhoods. Staff will draft revisions to the proposal that establishes separate standards for group homes, in addition to the revised definitions. Once the established time limit was reached the item was continued to the September Residential Committee meeting. September 3 Residential Committee Meeting Recap: The Committee set a time limit of 45 minutes for discussion and made a motion to separate the proposal into two ordinances, one pertaining to Group Homes and the other for Accessory Dwellings. The Committee proceeded to review of the proposed Group Home standards that were drafted as a result of the August Committee discussion. Staff outlined the proposed revisions, including that group homes of 6 or more occupants would be required to get Special Exception approval by a BZA Hearing Officer, and then highlighted the standards and process language proposed in Articles 5 & 9 of the UDO. John Molitor explained the rationale of the proposed standards and Special Exception process through the lens of federal court decisions. An additional sentence was stricken from the definition of Single-Family Dwelling which referenced Group Homes for the mentally ill. Once additional questions were answered, the Residential Committee returned the Group Home portion of the ordinance to full Plan Commission with a favorable recommendation. The proposed ordinance standards pertaining to Accessory Dwelling Units were continued to the October Residential Committee meeting. Recommendation: The Department of Community Services recommends the item (Group Home amendments) is forwarded to the City Council with a Favorable Recommendation.