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HomeMy WebLinkAboutMinutes RES 09-03-20 same primary exterior color. The same front building elevation shall not be constructed for two lots on the same side of the street and for five lots across the street. The homes will be of quality and attractive.You can see a similar home product in Clay Corner or VOWC. Nick: Where will guests park at the alley fed homes?Can you give me an example Iwhere this exists? Jon Dobosiewicz: On-street parking will be available on both sides of the street of the alley fed homes. This style of development with parallel on-street parking can be found in VOWC,Clay Corner, and at 136th Street and the Monon. It's not uncommon. People will park on the street and walk to the home using the sidewalk. Nick: The proposed playground is only 90' x 50'. That seems small. Steve Pittman: We are proposing a playground that is larger than Saddle Creek's playground. Sue: Can you bring in a comparison of the playground space at Clay Corner? Sue: I want to address the Saddle Creek's HOA letter. They are concerned in sharing the pond. Who's responsible in maintaining the proposed one large pond? With two HOAs involved,there's potential to have problems. Steve Pittman: SC doesn't want to connect the two ponds. We thought the best thing is to have one large pond and to preserve the trees around the pond. The pond will connect through a series of underground pipes if it is not connected. We offered to maintain the pond and install a fountain in the pond. If you don't want the ponds to connect,then we won't. If you don't want the roads to connect,we won't. Sue: The City wants the street connection and I don't see a problem with it. Kevin: I don't care what happens to the pond.Properties adjacent to water is a selling point.There will be a fountain feature and Ambleside Point will pay for the maintenance of the pond. Sue: What do the elevations of the townhomes along 146th Street look like?Jon Dobosiewicz: Presented elevations of the townhomes. Sue: I want the standards and masonry requirements included in the PUD. Jon Dobosiewicz: We can provide that at the next Committee meeting. Sue: What's the size of the dog park? Steve Pittman: Approx. 6,000 sq. ft. We have not made a commitment to the size of it. We want to place it the western wooded area and save as many trees as possible. ISue: I would like to see a reduction in the townhomes and the homes on the southeast side adjacent to SC. Will the existing trees along Autumn Woods Subdivision remain? Steve Pittman: Those existing trees will remain as is.As you go south along the eastern perimeter,there are not as many trees. We will add more landscape buffering. We have a really good plan.This is not a dense development.Ambleside is denser than SC,but this is not SC. We believe the City's Planning Department gave us good direction. Sue: You have made a lot of improvements. We want to make it the best for all parties involved. Fine tune the plans for the next meeting. This item will continue to the October 6`A Residential Committee 2. Docket No. 19090013a OA: Group Home Ordinance Standards Docket No. 19090013b OA:Accessory Dwelling Unit Standards will be discussed at the Oct. 6 Residential Committee The applicant seeks to amend the Unified Development Ordinance in order to establish standards and minimum requirements for Group Homes and to amend definitions. Filed by the Department of Community Services on behalf of the Cannel Plan Commission. Christine: This current Docket addresses both Group Homes and Accessory Dwelling Units(ADU).These are really separate and distinct matters and should be considered separately.I would like to separate these two issues into two separate Dockets. A Motion made by Zoccola and seconded by Holle to separate this Docket into two Dockets,one addressing Group Homes,and one addressing Accessory Dwelling Units. Approved 4-0. IPetitioner: Adrienne Keeling,Dept.of Community Services: • We will assign new, separate docket numbers for both Group Home Standards and ADU Standards • To date, Staff and the Committee have received several letters regarding ADUs. • We have made several amendments to the group home section of this proposal Residential Committee Minutes 9-3-20 3 • We contemplated the need to add standards for group homes • We are proposing a Special Exception(SE)approval by the BZA Hearing Officer for group home petitions. We will establish a per bedroom fee that goes along the SE fee. John Molitor,Legal Counsel for Plan Commission: • Federal Law states it unlawful to discriminate in the sale or rental,make unavailable or deny, a dwelling to any buyer or renter because of a handicap • We need to provide a reasonable accommodation • The Director of Community Services would make their recommendation to the BZA Hearing Officer • The BZA Hearing Officer would be a public meeting and give the adjacent neighbors the opportunity to provide their input • If the group home petition is denied,they may appeal to the full BZA before it would go to court • We need to remove the sentence;A group home for the mentally ill shall be treated as if it were a single-family dwelling(line 447 on page 10). We should not treat a group home just for the mentally ill. We need to include all. • We are changing the definition of a group home from up to eight to six or more Committee Comments: Carrie: Do neighborhood covenants take precedent? John Molitor: Yes,they do. There's no case law yet that Federal Law overrides subdivision covenants. If a neighborhood has covenants that prevents a group home,we can honor that. Christine: Can you explain the proposed SE approval process? John Molitor: The first criteria is the number of people living in the proposed group home. We are proposing a three-tier process: 8 people or less would generally be considered favorable recommendation;9-12 people would be considered favorable consideration unless the Director opposes it; 13 or more people would not be entitled to a favorable consideration unless the Director is in support. Also,the Director will examine the seven criteria items for a reasonable accommodation; If there are other group homes clustered within a block of the site; The number of unrelated persons who will be living in the group home,and whether any professional support staff will also be residing there;In addition to any residents' car, if more than two staff cars will be parked at the group home,and whether they will be marked; If the dwelling,existing,modified or new, is similar in design,materials and landscaping as other adjacent and nearby dwellings;Any other exterior indication that the dwelling will be inhabited by group home residents;Any undue financial or administrative burdens that would be imposed on the City;and if a fundamental alteration in the Comprehensive Plan would be required. Sue: What's the current process for a Group Home proposal? John Molitor: Currently, it's not very clear in our Ordinance. It's based on some state laws that were passed in the 90's. The Director decides on a decision. Mike Hollibaugh,Department of Community Services: If the Courts and Federal Law say we can't discriminate,and the group homes are not just restricted to elderly or drug rehab. I group home can be home for any type. How can we not discriminate if it's listed in the covenants? John Molitor: US Supreme Court cases established statutes that racial covenants are against public policy. They haven't established statutes for people who need drug rehab or are disabled/handicap. At this point of time,we are not in position to override them. Carrie: I'm generally thinking about the neighborhood covenants that restrict the number of cars/parking spaces allowed or a number of pets allowed in a household if service dogs are used. John Molitor: The Courts have not been generally favorable of these situations. Nick: Do we look at the space in the home to determine the amount of people allowed in the home? John Molitor: There aren't any standards except for the different cases in different states. We look at the decisions made by the Federal Court judges. The Director would give their recommendation.Nick: What about supervision?John Molitor: Yes,they would be. Carrie: What about a multi-generational family living together? John Molitor: It's not considered a group home if everyone is considered being related and/or a family.Mike Hollibaugh: Building codes still apply. There are minimum sq. ft. allowed per person. When a proposed group home goes through all the required permitting,access and safety are inspected. Carrie: Could a group home be placed in an existing home? Mike Hollibaugh. Yes. We examine each proposal individually,and we look at each situation case by case. Residential Committee Minutes 9-3-20 4 Nick: Do we have a definition for a supervisor(of a group home)? John Molitor: We don't. It means the residents of the group home cannot live there by themselves and need on-going supervision. Nick: There could be an option for a live-in supervisor. John Molitor: A supervisor is needed for insurance and liability purposes if someone got hurt or sick. Sue: Should we include a definition or add more language?John Molitor: It mentions supervision. Sue: Is there a maximum or a cap of how many people we should allow to a group home? John Molitor: There isn't but previous case law hasn't been favorable for 15 or more residents to a group home. Sue: Is there anything else we need to think about or include? Mike Hollibaugh: The zoning districts and development standards help to keep the building structure,driveway,and parking in compliance. A Motion by Zoccola and seconded by Kestner to send Docket No. 19090013a OA to the full Plan Commission with a Favorable Recommendation. Approved 4-0. Meeting adjourned at 8:20 p.m. I... Joe S"(Cr —Recording Secretary Susan Westermeier—Chair I I Residential Committee Minutes 9-3-20 5