Loading...
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. 11/10/2020 Accessory Dwelling Unit Ordinance Draft 1 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 11/10/2020 Accessory Dwelling Unit Ordinance Draft 2 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 11/10/2020 Accessory Dwelling Unit Ordinance Draft 3 • 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 11/10/2020 Accessory Dwelling Unit Ordinance Draft 4 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 11/10/2020 Accessory Dwelling Unit Ordinance Draft 5 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 11/10/2020 Accessory Dwelling Unit Ordinance Draft 6 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 11/10/2020 Accessory Dwelling Unit Ordinance Draft 7 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