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HomeMy WebLinkAboutPacket (Group Homes) for CC 10-19-202020-1019; Z-658-20; Council Report MEMORANDUM TO: Carmel City Council FROM: Adrienne Keeling Department of Community Services SUBJECT: Z-658-20 DATE: October 9, 2020 Please find information on an item forwarded by the Plan Commission. This will appear on your October 19th agenda. Forwarded with a favorable recommendation: Ordinance Z-658-20 (Docket No. 19090013a OA): Group Home Ordinance Standards. 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. Proposed Amendment Summary: Attached is a proposed UDO amendment which establishes standards and an approval process for Group Homes. Over the last year there have been two proposals to construct a Group Home in Carmel. The review of those recent proposals led to a review of the UDO’s existing definitions and additional research regarding federal and state statutes, including the Fair Housing Amendments Act (FHAA). An approval process specific to Group Homes will provide needed guidance to applicants, neighbors and staff. Additionally, the proposed process would allow a more site-specific analysis to provide residents who would be provided services at a Group Home access to housing that is equal to that of residents who are not in need of such services. The proposed UDO amendment recommends the following: 1. Require Special Exception approval of Group Homes by a BZA Hearing Officer. a. Establish filing fee in Article 1, Line 40. b. 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. 2. Establish Use-Specific Standards for Group Homes in Article 5, starting on Line 86. 3. Revise the existing Special Exception process specifically for Group Homes in Article 9, starting on Line 144. 4. Revise definitions for Dwelling, Single-Family, Family and Group Home in Article 11, starting on Line 281. a. Note that Group Homes would be 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. 5. Delays the effective date to January 1, 2021. To aide in review, UDO page numbers are referenced in the ordinance document. You may view the Unified Development Ordinance in its entirety online by clicking on Codes & Ordinances in the Department of Community Services’ website: www.carmeldocs.com. 2020-1019; Z-658-20; Council Report Plan Commission Overview: The Department presented a proposal which initially amended a handful of residential-related definitions regarding Group Homes. The purpose of the amendments was to ensure compliance with the Fair Housing Amendments Act (FHAA) by removing references to outdated Indiana Status and establishing clear limits on the number of occupants. However, after further discussion and review of federal court decisions it was decided to also establish standards and a BZA approval process specifically related to Group Homes. Throughout review the Plan Commission and members of the public had questions related to number of occupants and potential non-residential character of Group Homes. The Plan Commission forwarded this item to the Carmel City Council with a favorable recommendation. The information in this packet is arranged in the following order: 1. Memo from John Molitor to the Plan Commission summarizing the limitations imposed by the Fair Housing Amendments Act (FHAA) and relevant Federal and State court decisions. 2. Proposed Ordinance Z-658-20 3. Plan Commission Certification (expires December 21, 2020). 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). 10/19/2020 Ordinance Z-658-20 1 Sponsor: Councilor Rider 1 2 ORDINANCE Z-658-20 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. 19090013a OA having received a favorable 28 recommendation from the Carmel Advisory Plan Commission on Tuesday, September 15, 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. 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 10/19/2020 Ordinance Z-658-20 2 Section II: Amend Article 2 by adding Group Home either as a Residential Special Exception or Permitted 45 Use for the following Districts: 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 10/19/2020 Ordinance Z-658-20 3 Section III: Amend Article 5: Development Standards to add standards for Group Homes as follows: 84 85 5.72 US-26: Group Home Use-Specific Standards 86 These Use-Specific Standards for Group Homes apply to the following districts: 87 [INSERT ICONS FOR S1, S2, R1, R2, R3, R4, R5, UR] 88 A. Purpose: It is the purpose of this Section to benefit the general public by minimizing adverse 89 impacts on established residential neighborhoods in the City and the owners and residents of 90 properties in these neighborhoods which may result from the conversion of residential 91 properties to business or institutional uses. However, it is also the purpose of this Section to 92 provide that the City may not refuse to make a reasonable accommodation for a Group Home 93 whenever such an accommodation would not impose undue financial or administrative burdens 94 on the City or require a fundamental alteration in the Comprehensive Plan. 95 96 B. Special Exception Eligibility: A Dwelling located in a Residential District may be used as a 97 Group Home only if the owner or occupant applies for and is granted a Special Exception, 98 pursuant to Section 9.08 hereof. 99 100 C. Required Information for Application: Both the initial application and any renewal application 101 for a Special Exception or Improvement Location Permit for a Group Home shall contain 102 primary and secondary emergency contact information, including mailing address, phone 103 number or email address. Upon approval of a Special Exception, emergency contact 104 information shall be shared with the Carmel Police Department. 105 106 D. Limitations: The term of a Special Exception permit granted to a Group Home shall be twenty 107 (20) years. The grant of a Special Exception permit provides an exception only to the other 108 requirements of this Ordinance. It does not confer a right to lease, sublease, or otherwise use a 109 Dwelling as a Group Home where such use is not otherwise allowed by law, a homeowners 110 association agreement or requirements, any applicable covenant, condition, and restriction, a 111 rental agreement, or any other restriction, requirement, or enforceable agreement. Nothing in 112 this Section shall relieve any person of the obligations imposed by any and all applicable 113 provisions of Federal and State laws and the Carmel City Code, including but not limited to 114 those obligations imposed by Indiana tax laws and rules. Further, nothing in this Section shall 115 be construed to limit any remedies available under any and all applicable provisions of Federal 116 or State law and the Carmel City Code. 117 118 E. Reasonable Accommodation: After formal acceptance of an application for a Special 119 Exception for a Group Home, the Director of Community Services shall review the application 120 for the purpose of determining whether it would be a reasonable accommodation for the City to 121 grant the Special Exception in order to provide the residents who would be provided services at 122 the Group Home with access to housing that is equal to that of residents who are not in need of 123 such services. In addition to the items listed in Section 9.08(C) hereof, the Director of 124 Community Services shall consider the following: 125 1. If there are other Group Homes clustered within a block of the site; 126 2. The number of unrelated persons who will be living in the Group Home, and whether 127 any professional support staff will also be residing there; 128 3. In addition to any residents’ cars, if more than two (2) staff cars will be parked at the 129 Group Home, and whether they will be marked; 130 4. If the Dwelling, existing, modified or new, is similar in design, materials and 131 landscaping as other adjacent and nearby Dwellings; 132 10/19/2020 Ordinance Z-658-20 4 5. Any other exterior indication that the Dwelling will be inhabited by Group Home 133 residents; 134 6. Any undue financial or administrative burdens that would be imposed on the City; and 135 7. If a fundamental alteration in the Comprehensive Plan would be required. 136 137 Based upon this review, the Director of Community Services may support or oppose the 138 granting of the Special Exception. 139 140 141 Section IV: Amend Article 9: Processes to add Group Homes to the Special Exception Process as follows: 142 143 9.08 Special Exception (Only Applicable to Group Homes and Short Term Residential Rentals) 144 145 A. General Information: Special Exception approval by a Hearing Officer of the Board of Zoning 146 Appeals shall be necessary prior to the establishment of a Special Exception, so cited by the 147 district regulations herein, or the issuance of an Improvement Location Permit for said Special 148 Exception. A Special Exception shall be considered as an exception to the uses allowed under 149 the Unified Development Ordinance, and thus the original application for a Special Exception 150 shall not generally be entitled to favorable consideration, except as follows: 151 152 1. A proposed Group Home where not more than eight (8) unrelated persons will be 153 residents shall generally be entitled to favorable consideration; 154 2. A proposed Group Home where not less than nine (9) nor more than twelve (12) 155 unrelated persons will be residents shall generally be entitled to favorable 156 consideration, so long as the application is not opposed by the Director of Community 157 Services; and 158 3. A proposed Group Home where thirteen (13) or more unrelated persons will be 159 residents shall be entitled to favorable consideration only if the application is supported 160 by the Director of Community Services. 161 162 ; however, an Any application for the renewal of a Special Exception shall generally be entitled 163 to favorable consideration, so long as it is not opposed by the Director of Community Services. 164 A Hearing Officer shall have discretion whether to approve or deny each Special Exception 165 application, with his or her decision to be based on the special and unique conditions pertinent 166 to the site, determined as a result of the review procedure established herein. 167 168 B. Procedure: 169 1. Procedure Generally: Whenever an application for a Special Exception within the 170 planning jurisdiction is made, it shall follow the procedure set forth herein and shall 171 conform to the regulations and requirements of the Unified Development Ordinance. 172 2. Consultation with the Director of Community Services and Application: Applicants 173 shall meet with the Director of Community Services to review the zoning classification 174 of their site, review copies of the regulatory ordinances and materials, review the 175 Special Exception procedures, and examine the proposed exception and development of 176 the property. The Director of Community Services shall aid and advise the applicant in 177 preparing the application and supporting documents as necessary. The applicant shall 178 then submit two (2) copies of the written application form and all necessary supporting 179 documents and materials. 180 3. Initial Review by the Director of Community Services: Docketing on Hearing Officer 181 Agenda: Following the receipt of the written application and necessary supporting 182 10/19/2020 Ordinance Z-658-20 5 documents and materials by the Director of Community Services, the Director shall 183 then review the materials solely for the purpose of determining whether the application 184 is complete and in technical compliance with all applicable ordinances, laws, and 185 regulations, and therefore entitled to be forwarded to the Board of Zoning Appeals. If 186 the materials submitted by the applicant are not complete or do not comply with the 187 necessary legal requirements, the Director of Community Services shall inform the 188 applicant of the deficiencies in said materials. Unless and until the Director of 189 Community Services formally accepts the Special Exception application as complete 190 and in legal compliance, it shall not be considered as formally filed for the purpose of 191 proceeding to succeeding steps toward Special Exception approval as hereinafter set 192 forth. Within thirty (30) days of the formal acceptance of the application by the 193 Director of Community Services, the Director shall formally file the application by 194 placing it upon the agenda of a Board of Zoning Appeals Hearing Officer, according to 195 the Rules of Procedure of the Board of Zoning Appeals. 196 4. Public Hearing: Once the Director of Community Services has accepted and filed the 197 application with a Hearing Officer, a docket number shall be assigned and a date and 198 time set for a public hearing by the Hearing Officer, according to the Rules of 199 Procedure of the Board of Zoning Appeals. The applicant shall be responsible for the 200 cost and publication of any required published legal notification of the public hearing. 201 The applicant shall also notify all interested parties and property owners as required by 202 the Rules of Procedure of the Board of Zoning Appeals; however, notice by publication 203 shall not be required for the renewal of a Special Exception. The conduct of the public 204 hearing shall be in accordance with the Board of Zoning Appeals Rules of Procedure. 205 5. Approval or Denial of the Special Exception Application: Upon approval of a Special 206 Exception, the Hearing Officer shall inform the applicant that the applicant may apply 207 to the Director of Community Services for Improvement Location Permits (if 208 necessary) or may commence the Special Exception if no permits are required. Failure 209 of the Hearing Officer to inform the applicant of the time limits set forth in Section 210 5.72(D) shall not relieve the applicant of complying with said Section. 211 6. Appeal of Hearing Officer Decision: A decision of a Hearing Officer shall not be a 212 basis for judicial review, but it may be appealed to the Board of Zoning Appeals. The 213 Board of Zoning Appeals shall conduct a new hearing on the matter and shall not be 214 bound by any Findings of Fact made by the Hearing Officer. A person who wishes to 215 appeal a decision of the Hearing Officer must file the appeal with the Board of Zoning 216 Appeals within five (5) days after the decision is made, as provided in I.C. 36-7-4-924. 217 7. Time Limit for Re-Application: A Special Exception application that is denied by a 218 Hearing Officer or the Board of Zoning Appeals is ineligible to be placed again on an 219 agenda for consideration until the legality of the decision is finally determined by a 220 court, pursuant to judicial review according to the Advisory Planning Law, or for a 221 period of twelve (12) months following the date of the denial, whichever is later. In 222 addition, whenever a Special Exception application is denied, the property involved in 223 the application shall not be the subject of a different Special Exception application, or 224 any use variance or rezone proposal, for a period of six (6) months following the date 225 of the denial. 226 227 C. Basis of Review: A Hearing Officer, in reviewing a Special Exception application, shall give 228 consideration to the particular needs and circumstances of each application and shall examine 229 the following items as they relate to the proposed Special Exception: 230 1. Surrounding zoning and land use; 231 2. Access to public streets; 232 10/19/2020 Ordinance Z-658-20 6 3. Driveway and curb cut locations in relation to other sites; 233 4. Parking location and arrangement; 234 5. Trash and material storage; 235 6. Necessary exterior lighting; and 236 7. Protective restrictions and/or covenants. 237 238 D. Basis of Approval or Rejection: A Hearing Officer, in approving or rejecting a Special 239 Exception application, shall base his or her decision upon the following factors as they relate to 240 the above listed items (Section 9.08 (C) concerning the proposed Special Exception: 241 1. The economic factors related to the proposed Special Exception, such as cost/benefit to 242 the community and its anticipated effect on surrounding property values; 243 2. The social/neighborhood factors related to the proposed Special Exception, such as 244 compatibility with existing uses in the vicinity of the premises under consideration and 245 how the proposed Special Exception will affect neighborhood integrity; and 246 3. The effects of the proposed Special Exception on vehicular and pedestrian traffic in and 247 around the premises upon which the Special Exception is proposed. 248 249 E. Special Exception Group Home Decisions; Commitment: Pursuant to IC 36-7-4-1015, a 250 Hearing Officer may, as a condition to any approval of an application for a Special Exception, 251 require or allow the owner to make any or all of the following commitments concerning the use 252 of the property: 253 1. That the Special Exception will fully comply with Section 5.72 Group Home Use 254 Standards. 255 2. That the Special Exception will be limited to five (5), ten (10), or fifteen (15) years, at 256 the discretion of the Hearing Officer. 257 3. If the Hearing Officer determines that a homeowners association or similar entity has 258 established limitations or prohibitions that apply to the property, that the owner’s 259 implementation of the Special Exception will not result in the violation of any such 260 limitations or prohibitions. 261 262 E.F. Special Exception Short Term Residential Rental Decisions; Commitment: Pursuant to IC 36-263 7-4-1015, a Hearing Officer may, as a condition to any approval of an application for a Special 264 Exception, require or allow the owner to make any or all of the following commitments 265 concerning the use of the property: 266 1. That the Special Exception will fully comply with Section 5.725.73 Short Term 267 Residential Rental Standards. 268 2. That the Special Exception will be limited to thirty (30), sixty (60), or ninety (90) days 269 during a calendar year, at the discretion of the Hearing Officer. 270 3. If the Hearing Officer determines that a homeowners association or similar entity has 271 established limitations or prohibitions that apply to the property, that the owner’s 272 implementation of the Special Exception will not result in the violation of any such 273 limitations or prohibitions. 274 275 276 10/19/2020 Ordinance Z-658-20 7 Section V: Amend Article 11: Definitions as follows: 277 278 11.02 Definitions UDO Pages 11-4 through 11-22 279 280 Dwelling, Single-Family: A residential Building containing only one (1) Dwelling Unit and not 281 occupied by more than one (1) Family. Pursuant to IC 12-28-4-7, a Group Home for the mentally ill 282 shall be treated as if it were a Single-family Dwelling, unless the Group Home will be located within 283 3,000 feet of another Group Home for the mentally ill, as measured between lot lines. Pursuant to IC 284 12-28-4-8, a Group Home for not more than ten (10) developmentally disabled individuals which is 285 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 286 treated as if it were a Single-family Dwelling. 287 288 Family: One or more persons living as a single housekeeping unit, including up to five (5) unrelated 289 persons, as distinguished from a group occupying a hotel, club, nursing home, fraternity or sorority 290 house, or Group Home. 291 292 Home, Group: A residential Structure or facility where six (6) or more unrelated persons who are in 293 need of care, support or supervision can live together, such as children or those who are elderly, 294 disabled or mentally ill.Any of The Following: 295 1. A residential Structure (licensed under IC 12-17.4) in which care is provided on a twenty-four 296 (24) hour basis for not more than ten (10) children; or 297 2. A facility (licensed under IC 12-28-4) that provides residential services for developmentally 298 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 299 3. A facility (licensed under IC 12-28-4) that provides residential services for mentally ill 300 individuals in a program described in IC 12-22-2-3. 301 302 Section VI: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby 303 repealed. 304 305 Section VII: This Ordinance shall be in full force and effect beginning January 1, 2021 after its passage and 306 signing by the Mayor. 307 308 10/19/2020 Ordinance Z-658-20 8 PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2020, by a vote of _____ ayes 309 and _____ nays. 310 311 312 COMMON COUNCIL FOR THE CITY OF CARMEL 313 314 ___________________________________ 315 Laura D. Campbell, President Sue Finkam, Vice-President 316 317 318 ___________________________________ ____________________________________ 319 H. Bruce Kimball Kevin D. Rider 320 321 322 ___________________________________ ____________________________________ 323 Anthony Green Jeff Worrell 324 325 326 ___________________________________ ___________________________________ 327 Tim Hannon Miles Nelson 328 329 330 ___________________________________ 331 Adam Aasen 332 333 334 ATTEST: 335 336 __________________________________ 337 Sue Wolfgang, Clerk 338 339 340 Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 20 20, at 341 _______ __.M. 342 343 ____________________________________ 344 Sue Wolfgang, Clerk 345 346 347 Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2020, at _______ 348 __.M. 349 350 ____________________________________ 351 James Brainard, Mayor 352 353 354 355 ATTEST: 356 ___________________________________ 357 Sue Wolfgang, Clerk 358 359 360 Prepared by: 361 Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 362