HomeMy WebLinkAboutDepartment Report 10-17-23
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CARMEL PLAN COMMISSION
DEPARTMENT REPORT
OCTOBER 17, 2023
I. Old Business
1. Docket No. PZ-2023-00166 OA: HOA Rental Restrictions Amendment
The applicant seeks to amend the Unified Development Ordinance in order to require that Owners Association
governing documents allow changes to rental restrictions with a simple majority vote of the members. Filed by
the Department of Community Services on behalf of the Carmel Plan Commission.
*Updates to the Report are written in blue
Project Overview: Please view the informational packet for the revised ordinance amendment.
Additional notes about the proposed Ordinance:
The proposed revisions address most of the questions the raised at the September Plan Commission meeting; however, we
did not make any changes to specify that this would apply only to the addition of rental restrictions rather than a removal
or reduction of restrictions. Overall, we believe these decisions are best made by the homeowners, through their
associations.
We are not aware of any Carmel neighborhoods where a significant number of homes have been purchased as out-of-state
investment firm rentals, but it is a growing concern in neighboring communities. This proposal is intended to simply give
homeowners, through their owners’ associations, more control over their own circumstances by making it easier to restrict
rentals if they so desire.
September 19, 2023 Plan Commission meeting recap:
Staff presented the proposed ordinance amendment. The Plan Commission members had questions regarding the intent of
the proposed ordinance as written, including (1) if 50% or 50%+1 votes should be the maximum consent required, (2)
whether it was intended to apply to the reduction/removal of rental restrictions, and (3) whether Commercial Subdivisions
should be subject to this amendment. Plan Commission members continued the proposal to next month’s full Plan
Commission meeting for revision and further discussion.
Recommendation:
The Department of Community Services recommends the Plan Commission sends this item to the Carmel City Council
with a favorable recommendation.