HomeMy WebLinkAboutPacket for PC 11-17-20 City of Carmel
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417
CARMEL PLAN COMMISSION
-MEMORANDUM-
Date: November 12, 2020
To: Plan Commission
From: Adrienne Keeling
Re: Docket No. 19090013b OA
Enclosed is the information packet for the following item. If you have any questions, please call 571-2417.
Docket No. 19090013b 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. REVISED since June Plan Commission Hearing to Allow attached accessory dwelling units by right
in residential zoning districts and 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. DELETED the requirement of 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. Further, the adoption of this ordinance would not prohibit a subdivision from
revising their covenants and restrictions to prohibit accessory dwellings (or other similar language that would
prohibit more than one dwelling per lot).
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417
Revisions since the June Plan Commission Hearing:
The proposed revisions are a result of many public comments and discussion at several Residential
Committee meetings. The revisions made since the June Plan Commission Hearing are indicated in notes and
yellow highlights in the attached ordinance draft. More specifically, the Residential Committee’s 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. Separate the limit of only one ADU per lot as its own heading, starting on Line 143.
b. Add a reference to Article 2, indicating that Special Use approval is required for a detached
Accessory Dwelling on existing lots (established before May 1, 2021), starting on Line 145.
c. Retitle “Minimum Requirement in New Subdivisions” to “Approval in New Subdivisions.” Instead
of requiring ADUs in new subdivisions, detached ADUs on new subdivision lots (on or after May
1, 2021) would be exempt from Special Use approval, starting on Line 150.
d. Remove the Occupancy section which references Short Term Rentals, starting on Line 155.
Proposals for Short Term Rentals would need to comply with the standards for Short Term
Rentals and would also be subject to Special Exception approval.
e. Revise the Ground Floor Area standards to apply only to detached ADUs and limit their square
footage to 75% of the Ground Floor Area of the principal building, starting on Line 162. Note:
Ground Floor Area calculations exclude open porches, attached garages, breezeways, exterior
stairways, etc.
f. Prohibited the conversion of an existing garage to an ADU unless that parking can be replaced
in a garage elsewhere on the lot, Line 181.
g. Deleted the language which allowed only one mailbox to be visible from the street, Line 188.
h. Added a foundation requirement for detached ADUs, which also prohibits basements, Line 191.
i. Added a more specific reference to the applicable Building Code for residential construction,
Line 206.
j. Added a section that allows the BZA Hearing Officer to ask for a commitment which would
prohibit the rental of a detached ADU to less than 60 or 90 days, as a condition of approval,
starting on Line 213.
3. Remove the minimum requirement for Accessory Dwelling standards in new subdivisions in
Article 7, starting on line 225.
4. Revise the definition of Accessory Dwelling Unit to clarify what types of ADUs would be considered
attached for purposes of determining if Special Use approval is required. Starts on Line 254.
5. Revise the Effective Date to May 1, 2021 to allow time to prepare and revise forms.
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417
Definitions for Reference:
There are a handful of definitions proposed for revision which can be found in the attached ordinance draft;
however, there are other definitions (listed below) which also apply to the discussion. The following definitions
are listed for your reference, as they are not proposed to be amended:
Dwelling: A Building, or portion thereof, used primarily as a place of abode for one or more
Permanent Residents of the Dwelling, but not including Hotels or Motels, lodging or Boarding Houses,
Bed and Breakfast Inns, or Tourist Homes.
Dwelling Unit: One or more rooms in a residential Building, or residential portion of a Building, which
are arranged, designed, used or intended for use as a complete, independent living facility for one (1)
Family and which includes permanent provisions for living, sleeping, eating, cooking and sanitation.
Dwelling, Attached: A Townhouse, duplex, triplex, or quadraplex dwellings, developed side by side
for sale as condominiums or fee-simple dwelling where land is sold with the Dwelling. Attached
dwellings whether sold as condominiums or as individually deeded lots are excluded from the definition
of apartments.
Dwelling, Two-Family: A residential Building containing two (2) Dwelling Units and not occupied by
more than two (2) Families.
Floor Area, Ground: The square foot area of a Building within its largest outside dimensions computed
on a horizontal plane at the ground floor level, exclusive of open porches, breezeways, terraces,
attached garages, and exterior stairways.
House, Guest: Living quarters within a detached accessory building located on the same premises
with the main residence building for use by temporary guests of the occupants of the main residence
building, and not rented or otherwise used as a separate Dwelling.
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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 codes 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
All the revisions tracked in this section were made by the Residential Committee. 138
C. Accessory Uses: 139
5. Servants Quarters: Quarters for bona fide servants employed by the occupants of the 140
Dwelling are permitted. 141
5. Accessory Dwelling Units: 142
a. Number: Only one (1) Accessory Dwelling Unit is permitted per single family 143
residential lot. 144
b. Approval on Existing Lots: Unless specifically designated as a permitted use in a 145
zoning district listed in Article 2: Zoning Districts or in an overlay district listed in 146
Article 3: Overlay Districts, Special Use approval is necessary to establish Only 147
one (1)a detached Accessory Dwelling Unit is permitted per single-family 148
residential detachedon a Lot established prior to May 1, 2021. lot. 149
c. Approval in New Subdivisions: Accessory Dwelling Units shall be requiredare 150
encouraged in new residential subdivisions as specified in Article 7, Section 7.04: 151
Accessory Dwelling Unit Standards. Special Use approval is not required to 152
establish a detached Accessory Dwelling on a platted Lot established on or after 153
May 1, 2021. 154
bd. Occupancy: Short-Term Residential Rental use is prohibited for Accessory 155
Dwelling Units in residential districts. Pursuant to Section 5.72(A) Purpose, 156
occupancy of a detached Accessory Dwelling Unit by tourist or transient visitors to 157
the City shall be considered a business use rather than a residential use. Therefore, 158
except during periods when Section 5.72 Short-Term Rental Use-Use-Specific 159
Standards is suspended by the Mayor, Short-Term Residential Rental use is 160
prohibited for detached Accessory Dwelling Units in residential districts. 161
cd. Ground Floor Area (detached units only): An Accessory Dwelling Unit, which 162
is the only Accessory Building on the lot, may equal the Ground Floor 163
AreaProvided the requirements of Section 5.02(B)(1): Minimum Lot Standards and 164
Section 5.02(B)(2): Maximum Lot Coverage are met, the Ground Floor Area for a 165
detached Accessory Dwelling Unit shall be: 166
i. Equal to or greater thanMinimum Ground Floor Area: 400 square feet. or 167
ii. Equal to or less thanMaximum Ground Floor Area: 1,300 square feet, or 168
up to seventy-five percent (75%) of the Ground Floor Area of the 169
Principal Building, whichever is less, and 170
iii. Shall not have more than two bedrooms. 171
de. Height Standards: 172
i. Detached Accessory Dwelling Units shall be a maximum of eighteen (18) 173
feet in height or the height of the Principal Building, whichever is less. 174
ii. Attached or Converted Accessory Dwelling Units shall have a maximum 175
height as permitted in the base zoning district. 176
iii. Detached Accessory Dwelling Units are permitted two (2) stories only if the 177
Accessory Dwelling Unit is located above a detached garage. 178
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ef. Parking: The number of spaces required for an existing single-family detached 179
dwelling is prescribed in Section 5.30: Amount of Parking Spaces Standards. 180
Conversion of existing garage parking shall not be permitted unless the same 181
number of parking spaces are replaced in a garage elsewhere on the Lot. 182
fg. Addressing: 183
i. Detached units shall have an independent address. 184
ii. Attached units shall use the same address as the primary structure with the 185
addition of a suite number. 186
iii. Separate mailboxes may be provided for the Principal and Accessory 187
Dwellings, provided only one mailbox is visible from street Right-of-Way. 188
gh. Public Utilities: Public utilities shall be metered and can be billed together with 189
or separately from the Principal Building. 190
hi. Foundation (detached units only): Detached units shall have a concrete or masonry 191
foundation; however, basements shall not be permitted. 192
j. Architecture: The architecture of the Accessory Dwelling Unit shall incorporate 193
materials, colors, and design that complement the architectural theme and style of 194
the Principal Building. 195
i. If an Accessory Dwelling Unit is proposed on a lot with a pre-existing 196
Principal Building in a subdivision, the Director of Community Services 197
shall review the proposed materials, colors and design. An owners’ 198
association may impose more restrictive architectural standards. 199
200
ii. If an Accessory Dwelling Unit is proposed on a lot with a pre-existing 201
Principal Building outside of a subdivision, the Director of Community 202
Services shall review the proposed materials, colors and design. 203
ik. Building Code: The Accessory Dwelling Unit shall meet all of the dimensional 204
requirements of the underlying zoning classification as well as the provisions of the 205
Indiana Building CodeInternational Residential Code, including Indiana 206
Amendments. 207
jl. Limitations: The allowance or approval of an Accessory Dwelling Units shall only 208
pertain to this Ordinance. It does not confer a right to construct an Accessory 209
Dwelling Unit where such use is not otherwise permitted by an applicable Owners’ 210
Association agreement, covenant, condition, restriction, requirement, a rental 211
agreement, or any other restriction, requirement, or enforceable agreement. 212
m. Special Use Decisions; Commitment: Pursuant to IC 36-7-4-1015, a Hearing 213
Officer or the Board of Zoning Appeals may, as a condition to any approval of an 214
application for a Special Use for a detached Accessory Dwelling Unit, require or 215
allow the owner to make a commitment that no rental use of the Accessory 216
Dwelling Unit will be permitted for a period of less than sixty (60) or ninety (90) 217
days, at the discretion of the Hearing Officer. In addition, if the Hearing Officer or 218
Board of Zoning Appeals determines that an Owners' Association or similar entity 219
has established limitations or prohibitions that apply to the property, the owner may 220
be required to make a commitment that the owner’s implementation of the Special 221
Use will not result in the violation of any such limitations or prohibitions. 222
223
224
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Section IV: Insert a new Section 7.04 to Article 7: Design Standards as follows: 225
This entire section was deleted by the Residential Committee 226
227
7.04 AC-01: Accessory Dwelling Unit (AC) Standards UDO Page 7-3228
229
This Accessory Dwelling Unit (AC) Standards section applies to the following types of development: 230
ICONS: CS Conservation Subdivision, RS Residential Subdivision 231
A. Applicability: Any residential subdivision with ten (10) or more lots of one acre or less in size 232
shall comply with the regulations in this section. 233
B. Cross Reference: See Article 5: Development Standards, Section 5.02(C)(5): Accessory 234
Dwelling Unit for applicable development standards. 235
C. Minimum Requirement: At least twenty percent (20%) of new lots, which may include corner 236
lots, shall include an Accessory Dwelling Unit. 237
238
Section V: Amend Article 11: Definitions as follows: 239
240
11.02 Definitions UDO Pages 11-4 through 11-22 241
242
Bona Fide Servants Quarters: Living quarters, which may include kitchen facilities, that are either 243
attached or detached from the principal residence, used as a residence by persons employed to provide 244
domestic services to the occupants of the principal residence. 245
246
Density, Gross: The total number of Dwelling Units divided by the Gross Area in acres, excluding 247
Accessory Dwelling Units. 248
249
Dwelling Unit, Accessory: A Dwelling Unit that is attached to or located on the same Lot as a 250
detached or attached Single family Dwelling, has an independent means of access and is owned by the 251
owner of the Principal Building but occupied by another. Accessory Dwellings include Apartments 252
integrated within or attached to a Single-family Dwelling, or located in detached Accessory Buildings 253
located on the same Lot as the Single-family Dwelling. For purposes of determining if Special Use 254
approval is required, an Accessory Dwelling is only considered to be attached if: 255
1. the Accessory Dwelling shares a common wall, floor or ceiling with the Principal Building; or 256
2. the Accessory Dwelling is located above a detached garage which was established on the Lot prior 257
to May 1, 2021. 258
259
Servants Quarters: Living quarters within a portion of a main Building, or in an Accessory Building 260
located on the same Lot with the main Building, used for servants solely employed on the premises 261
with such quarters not being rented or otherwise used as a separate Dwelling. 262
263
Section VI: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby 264
repealed. 265
266
Section VII: This Ordinance shall be in full force and effect beginning May 1, 2021 from and after its passage 267
and signing by the Mayor. 268
269
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PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2020, by a vote of _____ ayes 270
and _____ nays. 271
272
273
COMMON COUNCIL FOR THE CITY OF CARMEL 274
275
___________________________________ 276
Laura D. Campbell, President Sue Finkam, Vice-President 277
278
279
___________________________________ ____________________________________ 280
H. Bruce Kimball Kevin D. Rider 281
282
283
___________________________________ ____________________________________ 284
Anthony Green Jeff Worrell 285
286
287
___________________________________ ___________________________________ 288
Tim Hannon Miles Nelson 289
290
291
___________________________________ 292
Adam Aasen 293
294
295
ATTEST: 296
297
__________________________________ 298
Sue Wolfgang, Clerk 299
300
301
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 20 20, at 302
_______ __.M. 303
304
____________________________________ 305
Sue Wolfgang, Clerk 306
307
308
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2020, at _______ 309
__.M. 310
311
____________________________________ 312
James Brainard, Mayor 313
314
315
316
ATTEST: 317
___________________________________ 318
Sue Wolfgang, Clerk 319
320
321
Prepared by: 322
Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 323