Derby planning commissioners approve special-use for two Home Plus adult care units at East Market and North Derby

The City of Derby Planning Commission on April 3 voted 9-0 to approve a special-use permit allowing the conversion of a duplex at 301 East Market Street and 124 North Derby Avenue into two Home Plus adult care residences.

City staff described the proposal as two separate Home Plus units, each with four bedrooms and two residents per bedroom, for a total of up to eight residents per unit. Edward Haynes, assistant city planner, told commissioners the state defines Home Plus as a residence or facility caring for no more than 12 individuals and that state rules set levels of care: "Each unit will have 4 bedrooms, with 2 residents per bedroom, for a total of 8 residents per unit," Haynes said.

The applicant converted attached garages to living space in February 2025 and applied for the special use afterward. Haynes said staff concluded the building maintains a residential appearance and that the use fits Derby's R-2 zoning only with a special-use approval. He recommended approval with conditions including limiting each unit to no more than eight residents, requiring on-site staff parking to use the existing driveways, restricting delivery and moving vehicles to driveways rather than the street, and compliance with all zoning, building and state codes.

Applicant Tim Harder told the commission his Home Plus operator would manage maintenance and care: "We would be responsible for maintenance, you know, especially the outside," Harder said, adding the operator would manage tenant placement and interior care.

Commissioners reviewed the 10 required findings of fact one by one; staff reported minimal traffic and no expected increase in demand for schools. Haynes noted the Comprehensive Plan’s goals for senior housing and private community facilities and said staff believes the proposal advances those goals by allowing seniors to remain in Derby.

After deliberation Commissioner Renberger moved to adopt the findings and approve the special use subject to staff-recommended conditions; Commissioner Heflin seconded. The roll call vote was 9 in favor, 0 opposed.

The approval makes the adult care use a permanent special use for the site unless the use ceases for a period (city staff said a special use could be lost if operation stops for more than six months, if that condition is included in the resolution). The commission noted that if the operator later ceased the adult care use, other allowed R-2 uses could occupy the property without a new special-use hearing.

The resolution includes requirements that the facility preserve the residential character of the structure, limit staff parking to the driveways when possible, and restrict on-street visitor parking to the street front immediately adjacent to the property to reduce conflicts with neighbors. The applicant must also comply with state licensing and any building-code items identified during permitting.

No formal appeal or further action was recorded at the meeting. Staff will finalize the resolution language and conditions for recording in the case file.