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Home My Public Portal About048-2022 - MEMO %p1.- .k DAVID M.SNOW A' Cti Mayor V r1g r,; a ; YIhl IAN VANNESS _I . -tr. ; Director CITY OF RICHMOND Department of Infrastructure and Development 50 NORTH FIFTH STREET - RICHMOND,IN 47374 PHONE (765)983-7217 - ivanness@richmondindiana.gov October 12, 2022 Common Council 50 N 5th Street Richmond, IN 47374 RE: Ordinance NO. 48-2022 Dear Council Member, Ordinance No. 48-2022 is a planned development district ordinance and establishment plan the property currently addressed 0 Wernle Road (Parcel ID: 89-18-11-000-121.000-028; PT NW SEC 11-13-1 20A), located within Richmond's two-mile fringe; however, the property fronts onto Garwood Road only. The planned development is proposing a senior housing community to allow senior multi-dwelling units. The petitioner, Powers Properties Investments, LLC, is requesting that the planned development district ordinance's current base zoning district of Medium Density Single-family Residential (R2)be changed to Intense Multiple-family Residential (M2); meaning, if approved, the M2 district's development standards (UDO:Article 5)will apply to the project. The petition is proposing to keep the property intact as one parcel and is not proposing and land subdivisions; therefore, no proposed subdivision type is required to guide subdivision design standards (UDO:Article 7). The establishment plan shows a total of 26 multi-family structures, 232 total dwelling units, 464 residential off-street parking spaces, 60 visitor off-street parking spaces, and the following amenities: fitness center, event center, playground, dog park,putting green, tennis/pickle-ball courts, and walking paths. Planned developments are guided by the UDO's Article 4: Planned Development District(attached) and Article 9: Processes (Section 9.09-9.12). There are three phases to a planned development; a(1) district ordinance and establishment plan, (2) detailed development plan, and a(3) final development plan. A district ordinance and establishment plan is similar to a zoning map amendment, where the ordinance goes before Plan Commission for a public hearing and recommendation to Common Council, but Council makes the final deteiiiiination. A detailed development plan mirrors the primary plat process, where the application goes before Plan Commission for a public hearing and final decision, but does not go in front of Common Council. Finally, a final development plan is like a secondary plat application, where it goes before Plan Commission for review and approval, but does not require a public hearing. This ordinance is respectfully requested to be referred to the Richmond Advisory Plan Commission for public hearing at its meeting on Wednesday, October 26, 2022. Respectfully, 1 / ,41/7 Ian Vanness Vanness Director of Infrastructure & Development Interim City Planner Article "' n Il i�'� C s ° "' prim ii al "t° II "t 4.01 PD District Intent, Regulations,and Prerequisites District Intent Regulations Prerequisites The Planned Development(PD)District is Permitted Uses Ownership intended to provide flexible development • Predominantly in line with the permitted • The entire property proposed for a PD standards in order for the development to uses and special exception uses in the base District shall be under single ownership,or if result in a significantly better design than zoning district multiple owners exist,a legal document shall what would have been the result under the • Predominantly in line with the City of be provided(e.g.contract,legal partnership, zoning regulations. The first priority for the Richmond Comprehensive Plan or corporation)indicating that all owners of City of Richmond is to make sure the devel • Compatible with surrounding land uses(if the property support and desire to develop opment exceeds the quality that that would developed or adjacent zoning districts(if not the land as a planned development. The have resulted from traditional application of e developed; legal document or a letter signed by each zoning The • Flexible only to the extent permitted in owner shall indicate who the owners appoint theo confirmingordinance.nt a District secondet priorityArticle 4:Planned Development as their representative through the process. necessaryis PDis District due to any of the following: Site Area • A development with complex mixes of land Development Standards • The minimum land area required for a PD uses,or mixes of land uses within buildings • Generally consistent with the intent of the District is five(5)acres • A development on a unique geological base zoning district Regulating Ordinance feature,or on a site with a notable quality • Predominantly in line with the City of • Concurrent to the process of rezoning a natural features,or on a site with a notable Richmond Comprehensive Plan property to PD District,the developer shall quantity of natural features • Compatible with surrounding land uses and prepare a Ordinance for • A development with a notably unique or adjacent zoning districts and approval by Regulatingn Plan Commission.reviewe. The innovative design • Flexible only to the extent permitted in Regulating Ordinance shall be in a format APlan Commission istric 4:Planned Development D provided by the Zoning Administrator • Any parcel that meets the prerequisites District specified herein may be considered for a PD Design Standards Timing of Rezoning District • Predominantly in compliance with the • A property shall not be rezoned to a PD • The necessity for variances shall not by itself design standards in Article 7:Design District prior to final review of a Regulating justify a developers pursuit of a PD District Standards Ordinance by the Plan Commission. The • The base zoning district and the City of • Flexible only to the extent permitted in adoption of the Regulating Ordinance shall Richmond Comprehensive Plan shall be Article 4:Planned Development occur concurrently to the rezoning of the used to determine the appropriateness of the District property to a PD District. dominant land use in the PD District Construction Standards • The proposed development shall be a clear • Fully in compliance with the City of benefit to the community Richmond's construction and engineering Common Council standards • under no circumstance is the Common Council required to rezone a property as a PD District • rezone a property to a PD District only after the Plan Commission provides a favorable recommendation • require commitments that will improve the quality of the development • restrict particular land uses that would not be appropriate for the district • assure the development is consistent with the City of Richmond Comprehensive Plan 4.02 The City of Richmond, Unified Development Ordinance Article IliIne a ) ment II tII II 4.02 General A. Description: A Planned Development(PD)District is a special zoning district that can be petitioned for by a property owner allowing for a stand alone ordinance to be adopted which becomes the regulations for a proposed development. B. Creation: The procedure for the creation of a PD District shall be consistent with the process set forth in Article 9: Processes of the Unified Development Ordinance. C. Official Zoning Map: Once a planned development is approved,it shall be identified as a PD District on the Official Zoning Map,and shall include the ordinance number for the Regulating Ordinance. D. PD District Regulations: 1. Development Standards: The development standards from the base zoning district shall apply a PD District unless an alternate base zoning district is assigned by the Plan Commission; or unless the Regulating Ordinance's standards supersedes the base zoning ordinance's development standards. 2. Design Standards: The set of design standards applicable to the most similar type of subdivision shall apply to a PD District,unless: a. An alternate set of design standards are assigned by the Plan Commission; or b. The Regulating Ordinance's standards supersedes the design standards. 3. Permitted Land Uses: The land uses within a PD District shall be determined by the Regulating Ordinance. Any land use not specifically permitted in the Regulating Ordinance. Any unspecified land uses shall not be permitted. Vague land uses or land use categories shall not be permitted in a Regulating Ordinance. 4. Land Use Consistency: The dominant land use for a PD District shall be incorporated in the Regulating Ordinance as follows: a. If the original zoning district was PR then the development shall be at least sixty-five percent(65%) single-family residential. No industrial land uses shall be permitted. b. If the original zoning district was AG or IA then the development shall be at least eighty percent(80%) single-family residential. No industrial land uses shall be permitted. c. If the original zoning district was R1,R2, or R3 then the development shall be at least seventy-five percent(75%) single-family,two-family, and/or three-family residential. No industrial land uses shall be permitted. d. If the original zoning district was UR,M1,M2, or MP then the development shall be at least sixty percent (60%) single-family or multiple-family residential. No industrial land uses shall be permitted. e. If the original zoning district was UV or IS then the development shall be at least fifty percent(50%) institutional land uses. No industrial land uses shall be permitted. f. If the original zoning district was NC,LC,GC, OC, CB, or HC then the development shall be at least fifty percent(50%)commercial land uses. Up to twenty percent(20%)may be industrial land uses. g. If the original zoning district was EP,IC,Il,I2,or HI then the development shall be at least fifty percent (50%)office or industrial land uses. No more than fifteen percent(15%)of the development may be residential land uses. h. If the original zoning district was HI then the development shall be at least eighty percent(80%)high intensity industrial land use. No residential land uses shall be permitted. 5. Applicability of the Unified Development Ordinance: If the PD District or Regulating Ordinance is silent or does not address a particular development standard,design standard, or other specification that is regulated by the Unified Development Ordinance,then the standard of the closest relating zoning district shall apply. 4.03 Procedure All proceedings brought under Article 4:Planned Development District are subject to the Rules of Procedure of the Plan Commission. All applications that involve subdivision of a land shall also be subject to the subdivision procedures established by Article 9:Processes of the Unified Development Ordinance. Article 4: Planned Development District 4403 Article °1 n i Inne ") IIrt III II t o II " 4.04 Limitation of Revisions to the Unified Development Ordinance A. Public Health and Safety: Additions or modifications to the Unified Development Ordinance that directly effect public health and safety shall apply to any PD District whether prior to or during development. B. Deviation from the Unified Development Ordinance: A PD District and its Regulating Ordinance shall not modify or supersede the applicability of Articles 1, 3,4, 8,9, 10, or 11 from the Unified Development Ordinance. C. Failure to Comply: If a PD District is no longer proceeding in accordance with its Regulating Ordinance, commit- ments,conditions, covenants, or time related requirements imposed by its Regulating Ordinance,the fullest extent of Article 10:Enforcement and Penalties may be use by the Enforcement Official to cause remedy. D. Rezoning to Standard District: All PD Districts,including phases or subdistricts,once seventy percent(70%) built-out are subject to being rezoned into an appropriate standard zoning district if the Plan Commission deems it necessary to better administer the development. 4.05 Required Permanent Open Space A. Open Space: No PD District shall be approved,unless the design provides for the prescribed percentage of permanent landscaped or natural open space. Open space may be designated through the use of common area or other legal mechanisms such as conservation easements to the satisfaction of the Plan Commission and Common Council. The minimum required permanent open space shall be as follows: 1. 50%when the original zoning district was PR. 2. 35%when the original zoning district was AG or IA. 3. 25%when the original zoning district was R1,R2, or R3. 4. 20%when the original zoning district was UR,Ml,M2,MP,UV,IS,NC,LC,GC,OC,CB,HC,EP,IC,Il,or I2. 5. 40%when the original zoning district was HI. B. Mixed-Uses: In the case of a mixed-uses development, single-family areas shall generally have twenty-five percent (25%)permanent open space and non-single-family areas shall generally have twenty percent(20%)permanent open space. The distribution of permanent open space shall strive to preserve existing natural features(e.g. woodlots and wetlands). C. Development in Stages: If the planned development is to be constructed in phases,permanent open space shall be provided for each phase of the development. 4.04 The City of Richmond, Unified Development Ordinance