HomeMy WebLinkAboutPacket for RES 10-06-20
City of Carmel
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417
CARMEL PLAN COMMISSION
-MEMORANDUM-
Date: September 25, 2020
To: Residential Committee
From: Adrienne Keeling
Re: Docket No. 19090013 OA
Enclosed is the information packet for the following item. If you have any questions, please call 571-2417.
Docket No. 19090013 OA: Accessory Dwelling Units Ordinance Amendment.
The applicant seeks to amend the Unified Development Ordinance in order to establish standards and
minimum requirements for Accessory Dwelling Units and to amend definitions. Filed by the Department
of Community Services on behalf of the Carmel Plan Commission.
Proposed Ordinance Summary:
Please see the attached and revised ordinance proposal regarding Accessory Dwelling Units. Throughout the
review, we have categorized the proposal into three categories, as follows:
1. Allow accessory dwelling units by right in residential zoning districts. REVISED to require BZA Special
Use approval of detached accessory dwellings.
2. Establishes standards for accessory dwelling units for those adding an accessory dwelling to their
property. REVISED.
3. Requires 20% of new lots developed in new subdivisions (10 or more lots of 1 acre or less in size) to
include an accessory dwelling.
What is an accessory dwelling unit, or ADU? Sometimes known as accessory apartments, carriage
houses, in-law suites, or granny flats; they are smaller, independent residential dwelling units, attached to,
within, or located on the same lot as a single-family home.
What if my subdivision’s covenants and restrictions prohibit accessory dwellings? The proposed
amendments to Carmel’s Unified Development Ordinance do not (and CANNOT) override existing subdivision
covenants and restrictions.
Revisions since the August 4 Residential Committee Meeting:
(Only Group Homes were discussed and moved forward in the September Committee meeting).
The proposed revisions are a result of discussion at the July & August Residential Committee meetings as well
as comments received by the public. The revisions are extensive, so we have tried to be deliberate to keep
the revision tracking and as simple as possible. For instance, though the accessory dwelling standards
proposed in Article 5 would be new to the UDO if adopted (and were indicated as new text in the first ordinance
draft), we are only tracking the changes to that text in this draft.
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417
More specifically, the proposed revisions are as follows:
1. Require Special Use approval of detached Accessory Dwellings by a BZA Hearing Officer.
a. Establish fee in Article 1, Line 91.
b. Revise to only allow “Attached Accessory Dwelling” as an Accessory Permitted Use in S1, S2,
R1, R2, R3, R4, R5 Districts. Appears throughout Article 2, starting on Line 101.
c. Add “Detached Accessory Dwelling” as a type of Residential Special Use in S1, S2, R1, R2, R3,
R4, R5 Districts. Appears throughout Article 2, starting on Line 102.
2. Revise Accessory Dwelling standards in Article 5 as follows:
a. Add a reference to Article 2, indicating that Special Use approval is required for a detached
Accessory Dwelling on existing lots, starting on Line 142.
b. Clarify that ADUs which are required in new subdivisions do not require Special Use approval,
starting on Line 149.
c. Revise the Ground Floor Area standards to apply only to detached ADUs and limit their square
footage to the Ground Floor Area of the principal building, starting on Line 153.
d. Prohibited the conversion of an existing garage to an ADU unless that parking can be replaced
on a driveway or in a garage elsewhere on the lot, Line 169.
e. Deleted the language which allowed only one mailbox to be visible from the street, Line 179.
f. Added a foundation requirement for detached ADUs, which also prohibits basements, Line 182.
g. Added a more specific reference to the applicable Building Code for residential construction,
Line 197.
Ordinance Effective Date: To allow time to prepare, we propose an effective date of January 1, 2021.
I look forward to further discussion with the Residential Committee on October 6th!
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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 minimum requirements for Accessory Dwelling Units 7
in the Unified Development Ordinance. 8
9
Synopsis: 10
This ordinance amends the Unified Development Ordinance in order to establish standards and minimum 11
requirements for Accessory Dwelling units and to amend definitions related to dwellings. 12
13
WHEREAS, the City wishes to promote housing options to help meet the needs and preferences of all 14
residents. 15
WHEREAS, the U.S. Census Bureau reports in 2018 that the number of households across Clay 16
Township with one or more people over the age of 65 has grown to over twenty-five percent, with a median 17
age of over 41.3 years. 18
WHEREAS, a recent Housing Needs Assessment created for HAND reports the median closing price 19
on existing single-family homes in Carmel to be $360,720, with a median new construction price at $543,958, 20
both of which significantly outpace the overall Hamilton County prices of existing and new homes of $269,329 21
and $372,381, respectively. 22
WHEREAS, a 2018 housing study commissioned by MIBOR and BAGI revealed several key findings 23
related to housing in the Indianapolis Region over the next 20 years (2018-2038), including: 24
• The Indianapolis Region is projected to gain over 274,000 net new jobs over the next 20 years, 25
with Marion and Hamilton Counties expected to see the highest growth, driving demand for new 26
housing units. However, most of the industries projected to account for more than half of the 27
Region’s economy by 2038 offer median wages that would not allow single-earner households 28
to afford an existing home 29
• The Indianapolis Region is projected to underbuild each year by 1,750 units, and that recent 30
construction trends won’t meet the demand for a projected 9,000 new housing units annually 31
over the next 20 years. The study indicates Hamilton County’s share of that needed supply at 32
45,213 new housing units over the same time period. 33
• There is an inverse relationship between new construction prices and the incomes needed to 34
support them. Homes are being built at the high end, while below median wage households are 35
increasing. 36
• An underproduction of housing affects the entire economy, emphasizing that simply building 37
housing is not enough to support and sustain economic growth. New housing needs to be in the 38
right locations, of the right types, and at the right prices and rents to support both the workforce 39
and local municipalities. 40
WHEREAS, accessory dwelling units – or ADUs – are smaller, independent residential dwelling units 41
located on the same lot as a single-family home, and are known by other names, including accessory apartments, 42
carriage houses, in-law suites, and granny flats. 43
WHEREAS, accessory dwelling units were a common feature in single-family housing in the late 44
nineteenth and early twentieth century, providing additional housing for farmers, workers, tenants and extended 45
families. With the rise of lower-density suburban single-family subdivisions following World War II, accessory 46
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dwellings were ultimately prohibited by most local jurisdictions with the adoption of residential zoning cod es 47
which typically allowed only one home per lot, regardless of the home type or acreage with no exceptions. 48
WHEREAS, the traditional accessory dwelling unit can play a role in serving a housing need, and 49
according to AARP is reemerging as an affordable and flexible housing option that meets the needs of young 50
couples who want a small footprint to seniors looking to downsize but remain in their neighborhood. AARP 51
surveys consistently show that the vast majority of people age 50 or older want to remain in their homes and 52
communities as they age rather than to relocate. A 2018 Home and Community Preference Survey revealed that 53
people age 50-plus who would consider an accessory dwelling would do so in order to: 54
• Provide a home for a loved one in need of care, 55
• Provide housing for relatives or friends 56
• Feel safer by having someone nearby 57
• Have a space for guests 58
• Increase the value of their home 59
• Create a place for a caregiver to stay 60
• Earn extra income from renting to a tenant. 61
WHEREAS, according to the Urban Land Institute, accessory dwelling units can serve as a source of 62
financial stability, especially for seniors and others living on fixed incomes. Rental income from an accessory 63
dwelling unit can help defray rising costs of home ownership, allowing them to stay in their home and 64
neighborhood. 65
WHEREAS, because accessory dwelling units are smaller and use previously developed spaces such 66
as basements, upper floors or back yards, they tend to be more affordable than regular residential units in the 67
same neighborhood. 68
WHEREAS, accessory dwelling units preserve the character of new and established neighborhoods 69
because they can be created in many different shapes and styles. Accessory dwelling units can fit discreetly 70
into many development patterns, including suburban subdivisions, urban neighborhoods, and larger lot estates. 71
WHEREAS, accessory dwelling units efficiently use the City’s existing infrastructure and housing 72
stock in comparison to a new 200-unit apartment building. They bring additional housing to an area organically, 73
reducing the amount of new infrastructure needed to accommodate it. 74
WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the 75
text of the unified development ordinance; and 76
WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance D-2391-17, the 77
Carmel Unified Development Ordinance is incorporated by reference into the Carmel City Code; 78
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, 79
that, pursuant to IC 36-7-4-600 et seq. and after Docket No. 19090013 OA having received a ___________ 80
recommendation from the Carmel Advisory Plan Commission on Tuesday, ____________, 2020, it hereby 81
adopts this Ordinance to amend the Carmel Unified Development Ordinance (Ordinance Z-625-17, as 82
amended), to read as follows: 83
84
Section I: Amend Article 1: Administration by adding BZA Hearing Officer filing fees for Detached 85
Accessory Dwelling Unit review. 86
87
1.29 Filing Fees UDO Page 1-11 88
BZA Hearing Officer 89
• Residential $184 plus $107 for each additional 90
• Special Use, Detached Accessory Dwelling $184 91
• Commercial petition $749.00 plus $371.00 for each additional 92
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• Special Exception $104.00 93
• Renewal of Special Exception $52.00 94
95
Section II: Amend Article 2 by adding Attached Accessory Dwelling and deleting Bona Fide Servants 96
Quarters as Permitted Accessory Uses, adding Detached Accessory Dwelling as a Residential Special Use, 97
for the following Districts: 98
99
2.03 S1 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-4 100
Accessory Permitted Use – Bona Fide Servants Quarters, Attached Accessory Dwelling 101
Residential Special Use – Detached Accessory Dwelling 102
103
2.05 S2 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-6 104
Accessory Permitted Use – Bona Fide Servants Quarters, Attached Accessory Dwelling 105
Residential Special Use – Detached Accessory Dwelling 106
107
2.07 R1 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-8 108
Accessory Permitted Use – Bona Fide Servants Quarters, Attached Accessory Dwelling 109
Residential Special Use – Detached Accessory Dwelling 110
111
2.09 R2 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-10 112
Accessory Permitted Use – Bona Fide Servants Quarters, Attached Accessory Dwelling 113
Residential Special Use – Detached Accessory Dwelling 114
115
2.11 R3 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-12 116
Accessory Permitted Use – Bona Fide Servants Quarters, Attached Accessory Dwelling 117
Residential Special Use – Detached Accessory Dwelling 118
119
2.13 R4 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-14 120
Accessory Permitted Use – Bona Fide Servants Quarters, Attached Accessory Dwelling 121
Residential Special Use – Detached Accessory Dwelling 122
123
2.15 R5 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-16 124
Accessory Permitted Use – Attached Accessory Dwelling 125
Residential Special Use – Detached Accessory Dwelling 126
127
2.33 C1 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-34 128
Accessory Permitted Use – Bona Fide Servants Quarters 129
130
2.35 C2 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-36 131
Accessory Permitted Use – Bona Fide Servants Quarters 132
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Section III: Amend Article 5: Development Standards as follows: 133
134
5.02 AB-01: Residential Accessory Building and Use Standards UDO Page 5-4 135
This Accessory Building and Use Standards (AB) section applies to the following zoning districts: 136
ICONS: S1, S2, R1, R2, R3, R4, R5 137
C. Accessory Uses: 138
5. Servants Quarters: Quarters for bona fide servants employed by the occupants of the 139
Dwelling are permitted. 140
5. Accessory Dwelling Units: 141
a. NumberApproval on Existing Lots: Unless specifically designated as a permitted 142
use in a zoning district listed in Article 2: Zoning Districts or in an overlay district 143
listed in Article 3: Overlay Districts, Special Use approval is necessary to establish 144
Only one (1) detached Accessory Dwelling Unit is permitted per single-family 145
residential detachedon a Lot established prior to January 1, 2021. lot. 146
b. Minimum Requirement in New Subdivisions: Accessory Dwelling Units shall be 147
required in new residential subdivisions as specified in Article 7, Section 7.04: 148
Accessory Dwelling Unit Standards. Special Use approval is not required for 149
Accessory Dwellings established in new residential subdivisions. 150
bc. Occupancy: Short-Term Residential Rental use is prohibited for Accessory 151
Dwelling Units in residential districts. 152
cd. Ground Floor Area (detached units only): An Accessory Dwelling Unit, which 153
is the only Accessory Building on the lot, may equal the Ground Floor 154
AreaProvided the requirements of Section 5.02(B)(1): Minimum Lot Standards and 155
Section 5.02(B)(2): Maximum Lot Coverage are met, the Ground Floor Area for a 156
detached Accessory Dwelling Unit shall be: 157
i. Equal to or greater thanMinimum Ground Floor Area: 400 square feet. or 158
ii. Equal to or less thanMaximum Ground Floor Area: 1,300 square feet, or 159
the Ground Floor Area of the Principal Building, whichever is less, and 160
iii. Shall not have more than two bedrooms. 161
de. Height Standards: 162
i. Detached Accessory Dwelling Units shall be a maximum of eighteen (18) 163
feet in height or the height of the Principal Building, whichever is less. 164
ii. Attached or Converted Accessory Dwelling Units shall have a maximum 165
height as permitted in the base zoning district. 166
iii. Detached Accessory Dwelling Units are permitted two (2) stories only if the 167
Accessory Dwelling Unit is located above a detached garage. 168
ef. Parking: The number of spaces required for an existing single-family detached 169
dwelling is prescribed in Section 5.30: Amount of Parking Spaces Standards. 170
Conversion of existing garage parking shall not be permitted unless the same 171
number of parking spaces can be replaced on a driveway or in a garage elsewhere 172
on the Lot. 173
fg. Addressing: 174
i. Detached units shall have an independent address. 175
ii. Attached units shall use the same address as the primary structure with the 176
addition of a suite number. 177
iii. Separate mailboxes may be provided for the Principal and Accessory 178
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Dwellings, provided only one mailbox is visible from street Right-of-Way. 179
gh. Public Utilities: Public utilities shall be metered and can be billed together with 180
or separately from the Principal Building. 181
hi. Foundation (detached units only): Detached units shall have a concrete or masonry 182
foundation; however, basements shall not be permitted. 183
j. Architecture: The architecture of the Accessory Dwelling Unit shall incorporate 184
materials, colors, and design that complement the architectural theme and style of 185
the Principal Building. 186
i. If an Accessory Dwelling Unit is proposed on a lot with a pre-existing 187
Principal Building in a subdivision, the Director of Community Services 188
shall review the proposed materials, colors and design. An owners’ 189
association may impose more restrictive architectural standards. 190
191
ii. If an Accessory Dwelling Unit is proposed on a lot with a pre-existing 192
Principal Building outside of a subdivision, the Director of Community 193
Services shall review the proposed materials, colors and design. 194
ik. Building Code: The Accessory Dwelling Unit shall meet all of the dimensional 195
requirements of the underlying zoning classification as well as the provisions of the 196
Indiana Building CodeInternational Residential Code, including Indiana 197
Amendments. 198
jl. Limitations: The allowance or approval of an Accessory Dwelling Units shall only 199
pertain to this Ordinance. It does not confer a right to construct an Accessory 200
Dwelling Unit where such use is not otherwise permitted by an applicable Owners’ 201
Association agreement, covenant, condition, restriction, requirement, a rental 202
agreement, or any other restriction, requirement, or enforceable agreement. 203
204
Section IV: Insert a new Section 7.04 to Article 7: Design Standards as follows: 205
206
7.04 AC-01: Accessory Dwelling Unit (AC) Standards UDO Page 7-3207
208
This Accessory Dwelling Unit (AC) Standards section applies to the following types of development: 209
ICONS: CS Conservation Subdivision, RS Residential Subdivision 210
A. Applicability: Any residential subdivision with ten (10) or more lots of one acre or less in size 211
shall comply with the regulations in this section. 212
B. Cross Reference: See Article 5: Development Standards, Section 5.02(C)(5): Accessory 213
Dwelling Unit for applicable development standards. 214
C. Minimum Requirement: At least twenty percent (20%) of new lots, which may include corner 215
lots, shall include an Accessory Dwelling Unit. 216
217
Section V: Amend Article 11: Definitions as follows: 218
219
11.02 Definitions UDO Pages 11-4 through 11-22 220
221
Bona Fide Servants Quarters: Living quarters, which may include kitchen facilities, that are either 222
attached or detached from the principal residence, used as a residence by persons employed to provide 223
domestic services to the occupants of the principal residence. 224
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225
Density, Gross: The total number of Dwelling Units divided by the Gross Area in acres, excluding 226
Accessory Dwelling Units. 227
228
Servants Quarters: Living quarters within a portion of a main Building, or in an Accessory Building 229
located on the same Lot with the main Building, used for servants solely employed on the premises 230
with such quarters not being rented or otherwise used as a separate Dwelling. 231
232
Section VI: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby 233
repealed. 234
235
Section VII: This Ordinance shall be in full force and effect beginning January 1, 2021 from and after its 236
passage and signing by the Mayor. 237
238
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PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2020, by a vote of _____ ayes 239
and _____ nays. 240
241
242
COMMON COUNCIL FOR THE CITY OF CARMEL 243
244
___________________________________ 245
Laura D. Campbell, President Sue Finkam, Vice-President 246
247
248
___________________________________ ____________________________________ 249
H. Bruce Kimball Kevin D. Rider 250
251
252
___________________________________ ____________________________________ 253
Anthony Green Jeff Worrell 254
255
256
___________________________________ ___________________________________ 257
Tim Hannon Miles Nelson 258
259
260
___________________________________ 261
Adam Aasen 262
263
264
ATTEST: 265
266
__________________________________ 267
Sue Wolfgang, Clerk 268
269
270
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 20 20, at 271
_______ __.M. 272
273
____________________________________ 274
Sue Wolfgang, Clerk 275
276
277
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2020, at _______ 278
__.M. 279
280
____________________________________ 281
James Brainard, Mayor 282
283
284
285
ATTEST: 286
___________________________________ 287
Sue Wolfgang, Clerk 288
289
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Prepared by: 291
Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 292