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HomeMy Public PortalAbout002-2024 - Staff Report - PCRONALD OLER, PhD Mayor DUSTIN PURVIS Planning Director CITY OF RICHMOND Department of Infrastructure and Development 50 NORTH FIFTH STREET - RICHMOND, IN 47374 (765) 983-7242 1 dpurvis@richmondindiana.gov April 17, 2024 Common Council 50 N 5th Street Richmond, IN 47374 RE: Ordinance NO. 2-2024 Dear Council Member, Ordinance No. 2-2024 is a Planned Development District Ordinance and Establishment Plan for five properties currently addressed 0 South 37th Street (Parcel IDs: 891802300102006030, 891802300102005030, 891802300102007030, 891802300102001030, 891802300102008030; LEGAL DESCRIPTIONS: PT NW SEC 2-13-1 1.184A PT SW SEC 2-13-1 9.256A, PT SW SEC 2-13-1 21.405 A, PT SW SEC 2-13-1 2.560A, PT SW SEC 2-13-1 5.006A, PT SW SEC 2-13-1 40.210A). The proposed Planned Development would allow the creation of a mixed -residential neighborhood project that consists of five housing types totaling 178 new single-family homes and up to 220 new multi -family homes. The District Ordinance requests that the development's current base zoning district of Medium Density Single-family Residential (R2) be changed to a combination of sub -districts within the development whose base zoning districts would become Medium Density Single-family Residential (R2), High Density Single- family Residential (R3), Urban Residential (UR), and Intense Multi -family Residential (M2) respectively. Ordinance 2-2024 was previously referred to Richmond's Advisory Plan Commission for public hearing. Notices of public hearing were sent to 149 adjacent property owners. Planning staff received responses from 99 households: all but one were opposed. During the January 24 public hearing, 10 members of the public spoke in opposition to the ordinance, referring to traffic, storm water, and the devaluation of existing homes among other concerns. 10 members of the public spoke in favor of the ordinance, citing the significant need for increased housing options in Richmond. Planning staff recommended approval of the ordinance, and Plan Commission voted 7-0 to recommend approval of the ordinance to Richmond's Common Council, with one proposed amendment and four revisions to the District Ordinance (see below). The proposed Planned Development is compatible with the City of Richmond Comprehensive Plan's Future Land Use Map (57), which identifies the properties to be developed as part of its "Traditional Neighborhood" place type moving forward. The Plan further clarifies that appropriate land use attributes within a Traditional Neighborhood include, "single-family detached units" as "the main type of housing," while "single-family attached units such as townhomes can be strategically integrated with the single-family detached units." "[A]partment buildings and other multi -family units that are integrated into larger cohesive developments where they contribute to the transition from a residential to higher density use," are also flagged as appropriate land uses within a Traditional Neighborhood (60). Additionally, the development supports several of the Plan's objectives and policy goals related to growing the City's built environment, including improving "the City's collective ability to deliver attractive sites for development and redevelopment," while promoting residential infill within current boundaries rather than developing along outer edges, which could place a strain on community resources (42, 60). Further, the location of the proposed Planned Development supports the Plan's call to "[a]llow for developments that are compact with convenient access to jobs, services, and amenities" (42). Finally, the development supports the Plan's housing -specific objectives and policy goals, most notably its calls to use "strategic and planned development to guide growth," to "[d]iversify the City's housing stock to better serve the needs of residents of all ages and abilities," and to "[e]ncourage residential development in contiguous neighborhoods" (44). Infill residential growth within an already established residential region of the City, with existing City service and public utility capacity, within one mile of East National Road, is considered responsible development and growth. The developer has made four modifications to the District Ordinance, which were acknowledged and affirmed by Plan Commission during their February 28 meeting: > Section 3: Language has been added to affirm that Real Estate within the District will be developed into and used for market -rate housing ➢ Section 5.5: The maximum number of dwelling units within Sub -district E (i.e. the apartments) has been reduced from 250 to 220 dwelling units. ➢ Section 6.1: The potential day care in Sub -district E cannot exceed a maximum lot size of 2 acres. ➢ Section 6.1: Buildings within Sub -district E cannot exceed 3 stories in height. Additionally, Plan Commission's favorable recommendation included one amendment, which reads as follows: The Advisory Plan Commission makes a recommendation to the Common Council first that the proposed Ordinance 2-2024 and its exhibits be amended by Council to reflect that the Petitioner agrees to make a voluntary commitment to place language in the development's recorded covenants providing that the apartments constructed shall remain market -rate units, in perpetuity, and which covenants and commitments shall run with the land; and second recommended amendment that if any provision or the application of any provision of this Planned Development Ordinance is held unconstitutional or invalid by the courts, the remainder of this Ordinance or the application of such provision to other circumstances shall not be affected Respectfully, Dustin Purvis Planning Director City of Richmond Department of Infrastructure & Development Advisory Plan Commission Staff Report Ordinance 2-2024 January 24, 2024 APPLICATION INFORMATION Petitioner: South 37th Street Properties, LLC Owner; 11t Street Development, LLC, Agent. Location: 0 South 37th Street (south of Backmeyer Road), Richmond, Indiana 47374 (Parcel IDs: 89-18-02-300- 102.006-030, 89-18-02-300-102.005-030, 89-18-02-300-102.007-030, 89-18-02-300-102.001-030, 89-18- 02-300-102.008-030) Request: District Ordinance and Establishment Plan approval requesting to rezone a parcel from Medium Density Single-family Residential (R2) to Planned Development with a combination of Medium Density Single-family Residential (R2), High Density Single-family Residential (R3), Urban Residential (UR), and Intense Multiple -family Residential (M2) base zoning designations. Use: Agricultural — Vacant Zoning: Medium Density Single-family Residential (R2) Tract Size: Approximately 3,468,683 cumulative sf 179.63 acres ADJACENT ZONING AND LAND USE ZONING LAND USE NORTH Medium Density Single-family Residential (R2) Intense Multiple -family Residential (M2) Agricultural — Vacant Agricultural — General Farm Residential — Single-family (5) SOUTH Medium Density Single-family Residential (R2) Residential — Single-family (15) EAST Medium Density Single-family Residential (R2) Residential — Vacant Residential — Single-family (9) WEST Medium Density Single-family Residential (R2) Residential — Single-family (8) Residential — Vacant support land for another parcel llOrdinance 2-2024 DESCRIPTION The proposed planned development would allow for the subject properties to be used as a mixed -residential development. The petitioner has proposed a combination of base zoning districts (R2, R3, UR, and M2) to correspond with five different housing types to guide the planned development district's permitted uses, development, and design standards. PROPERTY BACKGROUND Based on historic aerial imagery dating back to 1936, the subject properties appear to have never housed a structure and have been used agriculturally for the past 90 years. All five parcels including the parcel that does not front a right -of - way —are currently addressed 0 South 37th St. DISTRICT ORDINANCE: REGULATING ORDINANCE Proposed Base Zoning District: From Medium Density Single-family Residential (R2) to an arrangement of sub -districts with corresponding underlying zoning districts: Subdistrict Underlying Zoning District A — Custom Homes R2 — Medium Density Single Family B — Sunrise Homes R3 — High Density Single Family e C — Brookside Homes R3 — High Density Single Family D — Cottages or Courtyard Villas UR — Urban Residential E - Apartments M2 — Intense Multi -family Residential Proposed Regulating Ordinance: The proposed regulating ordinance allows the five sub -districts to be guided by the permitted uses, development, and design standards of their respective underlying zoning districts, with the following modifications: • Use: o Sub -district E (Multi -family) will permit all permitted uses and accessory uses for the M2 district, plus: ■ Day Care 2lOrdinance 2-2024 SMITH 14R-4- POJ7 Development Standards: o Development Standards Matrix from Section 6.1 of the petition's regulating ordinance: Subdistrict A Custom Homes Subdistrict B Sunrise Homes Subdistrict C Brookside Homes Subdistrict D Cottages & Villas Subdistrict E Multifamily (2) Minimum Lot Width 100' 75' 60' 40' - Minimum Lot Area 13,000 sf 9,750 sf 7,800 sf 2,400 sf - Minimum Lot Frontage 80' 55' 40' N/A N/A Minimum Setback, Front 25' 20' 20' 5' 20' Minimum Setback, Street Side 15' 10' 10' 5' 15' Minimum Setback, Side (1) 5' 5' 5' 5' 10' Minimum Setback, Rear 20' 20' 15' 5' 20' Minimum Building Separation 10' 10' 10' 10' 15' o Minimum Dwelling Unit Size, Maximum Density, and Maximum Primary Structure standards to not apply to sub -district E. o Article 5.21(A)1b, which requires 100' separation between a driveway and an intersection along a local street shall not apply. o Article 5.27(A)1, which establishes a maximum 4' height for front and side yard fences, will be modified to allow a 6' side yard or street side yard fence: CiUP4'CAJT Utz ) Fe ice. 4•larrPr«f-;oh 04 Sa44 2-c 4 ro flot L (',r) ih PrewI- 3304 Gal,lbf- e4 4' iierpl"t o In Sub -district D — Cottages and Courtyard Villas: • Article 5.15(D)1 and Article 5.61(B), requiring a minimum one -car garage for all single- and two-family dwellings, shall not apply. • Article 5.61(A), requiring a minimum of three off-street parking spaces per dwelling unit, shall not apply. 3lOrdinance 2-2024 • Article 5.61(C)1, which states that required parking spaces must be located on the same lot as the dwelling unit, shall not apply. • Design Standards o Article 7.11(B)3 states that residential corner lots smaller than 20,000 square feet shall be 25% larger than the minimum lot area indicated for the base zoning district. This shall not apply. ESTABLISHMENT PLAN • The establishment plan shows a total of 178 single-family units and an undetermined number of multi -family residential structures and units (250 maximum), six stormwater ponds, and sidewalks. The development is organized into five housing types across nine sections. PERMITTED FUTURE USES If rezoned to Planned Development under Ordinance 2-2024, the properties' only permitted uses are as follows: Residential Permitted Uses: single-family detached dwellings (except in sub -district E) Single-family attached dwelling (sub -districts D and E only) Small fair housing facility Multi -family dwelling — 2-3 units (sub -districts D and E only) Multi -family dwelling — 4-24 units (sub -district E only) Nursing home (sub -district E only) Retirement community (sub -district E only) Accessory Permitted Uses: Home business (type 1) Small wind turbine system (except in sub -district D) Solar panels Commercial Permitted Uses: Day care (in sub -district E only) PUBLIC COMMENTS On January 11, 2024, 149 adjacent property owners were notified about the public hearing by mail. On January 10, 2024, the public hearing was advertised in Western Wayne News. DEPARTMENTAL REVIEW The planning staff consulted with all city departments and utilities to determine any objections based on public health and safety, and no health or safety objections objections were raised. Richmond Power & Light: Representatives from RP&L have stated that they will be able to accommodate the project's load, but have some logistical questions they would like to discuss with the developer prior to the second phase of the Planned Development. Richmond Sanitary District RSD engineers would like to discuss stormwater planning and details with the developer prior to the second phase of the Planned Development. 4lOrdinance 2-2024 STAFF RECOMMENDATION Staff recommends approval for amending the zoning map at 0 South 37th Street from R2 to Planned Development with R2, R3, UR, and M2 base zoning designations. In accordance with Indiana Code 36-7-4-603, and Richmond's Unified Development Ordinance Section 9.20 (7) (a), Plan Commission shall pay reasonable regard to the following factors before taking final action: 1) Richmond Rising: Community Action Plan Compatibility: The proposed planned development is compatible with the Community Action Plan's Future Land Use Map (57), which identifies the properties to be developed as part of its "Traditional Neighborhood" place type moving forward. The Plan further clarifies that appropriate land use attributes within a Traditional Neighborhood include, "single-family detached units" as "the main type of housing," while "single-family attached units such as townhornes can be strategically integrated with the single-family detached units." "[A]partment buildings and other multi -family units that are integrated into larger cohesive developments where they contribute to the transition from a residential to higher density use," are also flagged as appropriate land uses within a Traditional Neighborhood (60). Additionally, the development supports several of the Plan's objectives and policy goals related to growing the City's built environment, including improving "the City's collective ability to deliver attractive sites for development and redevelopment," while promoting residential infill within current boundaries rather than developing along outer edges, which could place a strain on community resources (42, 60). Further, the location of the proposed Planned Development supports the Plan's call to "[a]llow for developments that are compact with convenient access to jobs, services, and amenities" (42). Finally, the development supports the Plan's housing -specific objectives and policy goals, most notably its calls to use "strategic and planned development to guide growth," to "[d]iversify the City's housing stock to better serve the needs of residents of all ages and abilities," and to "[e]ncourage residential development in contiguous neighborhoods" (44). 2) Current conditions and the character of current structures and uses in each district: The combined properties are a large, agricultural field surrounded in all directions by single-family houses or vacant land with single- or multi -family zoning designations. The subject properties are adjacent to the Wynfield, Hale Terrace, and Sandbridge Hills subdivisions, along with several unplatted single-family houses to the north, east, and southeast. Garwood Acres, Backmeyer Trace, and Ridenour Place are all in close proximity to the subject property. The proposed development would be a substantial part of a broader trend of residential development within this part of the City; most sections of the subdivisions noted above have been platted within the past 30-40 years, and South 37th St. was installed roughly 25 years ago to accommodate the anticipated increase of traffic and development between E. National Rd. and Hodgin Rd. 3) The most desirable use for which the land in each district is adapted: The most desirable use for the subject properties is residential. The properties are currently zoned medium density single- family residential and, as noted above, the proposed land use would be consistent with the city's goals, and development trends, in this area. 5l0rdinance 2-2024 4) The conservation of property values throughout the jurisdiction: The development should not have a substantial impact on neighboring and nearby property values. The proposed lot sizes and character imagery included in the district ordinance indicate that the homes in sub -districts A, B, and C will be of comparable, if not greater, value than many of the existing nearby properties. The proposed single-family homes in sub- district D cottages and courtyard villas —will be smaller than the residences that currently exist nearby, but should have limited effect on the property values of the surrounding area. Sub -district E —the multi -family apartment buildings running along South 37th St. on the northwest portion of the development —may be a concern for some adjacent property owners, as the three-story walk-up buildings that are suggested in Exhibit D diverge from the character of neighoring residential properties. While the sub -district will be required to maintain or install a landscape buffer separating it from its less intense adjacent zoning designations, and will be largely enclosed by South 3711' St. to the west, Backmeyer Rd. to the north, and the new local street that will service the development to the south, it is possible that this sub -district could affect the value of the property located to its immediate east. It is worth noting, however, that the adjacent vacant lot to the north, on the northeast corner of South 37`' and Backmeyer, is already zoned Intense Multi -family Residential (M2), so while multi -story residential structures are atypical for the area surrounding this location, it is a permitted use on the adjacent property that is likely to be developed in the near future. 5) Responsible development and growth: Infi11 residential growth within an already established residential region of the City, with existing City service and public utility capacity, within close proximity to existing jobs, services, and amenities, is considered responsible development and growth. 6) The City of Richmond's Climate Action Plan The proposed development supports the CAP's Strategy 10F, which encourages planning and zoning processes that promote dense and compact development methods as a means to reduce outward suburban sprawl and therefore reduce the vehicular miles travelled (VMT) within the City (54). 7) Article 4: Planned Development District compliance: a. The proposed development is a clear benefit to the community: Yes. The Tracy Cross and Associates Housing Study, commissioned by the Economic Development Corporation of Wayne County has demonstrated a serious need for Richmond to boost its housing stock, across the spectrum of housing types and prices. b. The proposed land use is predominately in line with either the existing base zoning district's, or proposed base zoning district's, permitted uses and special exception uses: Yes. The proposed sub -districts are predominantly in line with their corresponding base zoning districts. c. Minimum land area requirement of at least five (5) acres: Yes, the combined parcels are approximately 79 acres. d. Land Use Consistency — R2 and R3 must be at least 75% single-, two-, or three-family residential; UR and M2 must be at least 60% single- or multi family residential Yes. The establishment plan is currently 100% residential. While the district ordinance allows for the possibility of a daycare in sub -district E (M2 base zoning), it is highly unlikely that the facility would constitute more than 40% of the sub -district. e. Open Space — R2 and R3 shall have at least 25% open space; UR and M2 shall have at least 25% open space: It is currently unclear whether the establishment plan satisfies Article 4's open space requirements. This will need 6'Ordinance 2-2024 to be established prior to the approval of a Detailed Development Plan (i.e. phase two of the Planned Development process). WRITTEN COMMITMENTS 1) If approved, the property will have two years from the date of approval to either submit a Detailed Development Plan or request a one-time six-month extension from the Department of Infrastructure and Development. Otherwise, the approved District Ordinance and Establishment Plan will expire, per UDO Article 9.10(F) Submitted by: Dustin Purvis Infrastructure & Development Date: January 17, 2024 71Ordinance 2-2024 Page 1 of 3 COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA ORDINANCE NO. 2-2024 A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR CERTAIN PARCELS FROM MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (R2) DISTRICTS TO PLANNED DEVELOPMENT DISTRICTS WITH MIXED BASE RESIDENTIAL ZONING DESIGNATIONS (R2 MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL; R3 HIGH DENSITY SINGLE FAMILY RESIDENTIAL; UR URBAN RESIDENTIAL; AND M2 INTENSE MULTI-FAMILY RESIDENTIAL) WHEREAS, The Zoning Map designates certain properties located at 0 South 37th Street, Richmond, Indiana, also collectively known as the 600 block of South 37th Street, which properties are legally described as follows, to wit: 0 South 37th Street (aka Tract 1) (89-18-02-300-102.005-030): PT SW SEC 2-13-1 21.405A 0 South 37th Street (aka Tract 2) (89-18-02-300-102.007-030): PT SW SEC 2-13-1 2.560A 0 South 37th Street (aka Tract 3) (89-18-02-300-102.006-030): PT NW SEC 2-13-1 1.184A PT SW SEC 2-13-1 9.256A 0 South 37th Street (aka Tract 4) (89-18-02-300-102.001-030): PT SW SEC 2-13-1 5.006A 0 South 37th Street (aka Tract 5) (89-18-02-300-102.008-030): PT SW SEC 2-13-1 40.210A; as Medium Density Single-Family Residential (R2) Districts, as described on Exhibit A; and WHEREAS, Portions of owner’s proposed regulating and district ordinance draft submitted on January 11, 2024, also attached hereto and incorporated by reference as Exhibit B to this Ordinance, contains the proposed conceptual plan details, special waivers, and variances all for review as permitted in the City’s Unified Development Ordinance (“UDO”) Article 4 and Article 9, Sec. 9.09 through 9.12; and Page 2 of 3 WHEREAS, It is desirable to change the above-described real estate’s zoning designations to a Planned Development District with Mixed Base Residential Zoning (R2 Medium Density Single Family Residential; R3 High Density Single Family Residential; UR Urban Residential; and M2 Intense Multi-Family Residential) as permitted in the City’s UDO Sec. 4.02.D.1. in order to allow the owner to construct a collection of five (5) different residential household or home categories with an enhanced level of flexibility to target different ranges of home buyers and occupants and to also permit the variances and waivers outlined in finalized certified versions of the regulating district conceptual plans as deemed generally consistent with the intent of the UDO’s development standards. NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the zoning designation for the above-described properties are all changed to a Planned Development District with Mixed Base Residential Zoning (R2 Medium Density Single Family Residential; R3 High Density Single Family Residential; UR Urban Residential; and M2 Intense Multi-Family Residential). Passed and adopted this ______ day of ____________________ 2024, by the Common Council of the City of Richmond, Indiana. __________________________, President (Gary Turner) ATTEST: __________________________, City Clerk (Karen Chasteen, IAMC, MMC) PRESENTED to the Mayor of the City of Richmond, Indiana, this ____ day of ____________, 2024, at 9:00 a.m. __________________________, City Clerk (Karen Chasteen, IAMC, MMC) Page 3 of 3 APPROVED by me, Ronald Oler, Ph.D., Mayor of the City of Richmond, Indiana this ____ day of ____________, 2024, at 9:05 a.m. __________________________, Mayor (Ronald Oler, Ph.D.) ATTEST __________________________, City Clerk (Karen Chasteen, IAMC, MMC) Ord -- Address: 600 block of South 37th Street Date Submitted: 12-27-2023 City of Richmond Zoning Map Amendment Application Department of Infrastructure & Development 50 North 5th Street Richmond, IN 47374 For questions, contact: Dustin Purvis, City Planner dpurvis ct richmondindiana.gov (765) 983-7242 Joanne Buroker, Planning Tech vburoker@richmondindiana.gov (765) 983-7235 Applicability A Zoning Map Amendment, or a "rezone", allows applicants the opportunity to change the zoning of property. The procedure for fling a Zoning Map Amendment with the Plan Commission is as follows: 1. Pre -application meeting with the Zoning Administrator (City Planner) 2. Submit an application 28 days before the next Plan Commission meeting. 3. Zoning Administrator will notify all interested parties of the public hearing by a minimum of 10 days before the hearing. 4. Plan Commission public hearing 5. Common Council meeting (Approve or Deny) A complete application contains the following: 6. Completed and signed application (hard copy, digital copy, or online application) a. Owner Certification 7. Site plan (to include but not limited to the following): a. All existing and proposed structure(s) b. Elevation of proposed construction, indicating the height of all structure(s) c. Entire lot dimensions d. Adjacent street(s) e. Distances from structure(s) to property lines f. Distance between structure(s) g. Labelled property lines h. Labelled recorded easements i. All existing and proposed landscaped areas 8. $100 application fee (to be paid upon submittal — payment does not guarantee approval) INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. It is the responsibility of the applicant to ensure that the request is complete. Staff will not perform work required to provide missing information. Meeting Information Time/Date: 5:30 PM, 4th Wednesday of each month Location: Richmond Council Chamber, 3rd Floor — Municipal Building, 50 North 5th Street, Richmond, IN 47374 Meeting Structure: Roll Call Pledge of Allegiance Minutes Proof of Publication New Business (Zoning Map Amendment public hearing — public comment) Old Business (TABLED applications from previous meetings) Adj ournment REMINDER — applicant or certified agent must be present at the Plan Commission hearing. *Failure to appear may result in the dismissal of the Application. Applicant/Agent Responsibilities: 1. Attend the meeting to discuss the application and answer potential questions. 2. Speak to proposed Findings of Fact in application: i. Is the request compatible with the City of Richmond's Richmond Rising: Community Action Plan? ii. What are the current conditions and the character of current structures and uses of the surrounding area? iii. What is the most desirable use for the subject property? iv. Will the request protect the property values of the surrounding area? v. How is the request responsible development and growth? Determination Process: The Plan Commission shall certify the amendment to the Official Zoning Map and forward the application to the Common Council with a favorable recommendation, an unfavorable recommendation, or no recommendation, along with any conditions or commitments. The Common Council makes the final determination regarding an Application for Rezoning and any recommended commitments by ordinance. 1. Ordinance is created for a completed Zoning Map Amendment application 2. Ordinance is placed on Common Council agenda for first reading 3. Common Council refers proposed ordinance to Plan Commission 4. Plan Commission meeting holds a public hearing and renders a recommendation to Common Council 5. Ordinance is placed on Common Council agenda for second reading 6. Common Council will either (a) suspends rules to allow a vote on second reading and render a determination (approve or deny), or (b) wait to render a determination after third and final reading at a later meeting. Page 12 Contact Information Property Information 11th Street Development, LLC South 37th Street Properties, LLC 9511 Angola Court, Suite 233 Indianapolis, IN 46268 1100 Reid Parkway Richmond, IN 47374 Phone Number 317-721-8279 765-983-3224 Address: 600 block of South 37th Street Current Zoning: R2 Current Use: Agriculture Subdivision Name (if applicable): Smith Hill Overlay District (if applicable): none bstumpf@11thStreetDevelopment.co paul.lingle@lingle.com Parcel Number: see attached legal description Proposed Zoning: Planned Unit Development Proposed Use: Mixed -Residential Neighborhood Two -Mile Fringe: 0 Yes 0 No Rezone Information Describe the Zoning Amendment requested. A Planned Unit Development is requested to allow the creation of a mixed -residential neighborhood. The community will consist of four different types of detached single-family homes and an area for multifamily homes. Describe the reasons for this request. A Planned Unit Development is requested to allow greater flexibility in the design of the community. The four home collections are mixed throughout the neighborhood. Each is targeting a different home buyer from first-time buyers to custom home buyers. Page 1 3 1.) Is the request compatible with the City of Richmond's Richmond Rising.: Community Action Plan? The request is compatible with the Richmond Rising Plan. The property is identified for Traditional Neighborhood residential uses. Additionally, the mix of home types and living arrangements within the PUD advance the City's goals to increase housing options and ppIy y of uvmg arrang price pomts. 2.) What are the current conditions and the character of current structures and uses of the surrounding area? The property is currently used for agriculture. The property is surrounded by R2 single-family residential uses except for the northeast corner of South 37th Street and Backmeyer Road which is zoned M2 for apartment uses. 3.) What is the most desirable use for the subject property? The property is best suited for residential uses. The proposed multifamily area abuts the existing M2 zoning across the street and serves as a transitional use to the single-family homes planned for the majority of the site. 4.) Will the request protect the property values of the surrounding area? The proposed residential uses are consistent with the surrounding area and will not have an adverse impact on the values of surrounding properties. 5.) How is the request responsible development and growth? The request is responsible development and growth by providing a variety of housing options in a cohesive neighborhood that is walkable and provides open space for residents to enjoy. Page 14 Applicant Certification 1 hereby certify that the above information and accompanying documents are true and accurate to the best of my knowledge. I understand that any misrepresentation of submitted data may invalidate any approval of this document. 1 further understand that this completed application must be filed and fees paid at least twenty-eight (28) days prior to the next scheduled Advisory Plan Commission meeting. I acknowledge and permit a variance sign informing neighbors about the meeting to be placed on the subject property. APPLICANT SIGNATURE: DATE: 27 December 2023 Owner Certification This is to certify that the undersigned is/are the owner(s) of the real estate described in said application, and hereby acknowledge(s) and agree(s) lath Street t evtloomnt, LLC is duly authorized to present said application before the City of Richmond, IN Advisory Plan Commission and Richmond Common Council. 1 swear or affirm u derrenalties_ sr perjury that the above representations are true and correct. Signature Signature STATE OF INDIANA, COUNTY OF Craig C. Kiiity3 Presidt?nt of 50 Printed Name 0_4 Before me the undersigned, a Notary Public in and for tq), personally appeared Cralg C. !thwon instrument this ;1 day of Jft.�_.rtG+r+g, 20 My commission expires Printed Name treet Properties, LLC County, in the State of Indiana, and acknowledged the execution of the foregoing �,‘",,, iil"* SUZANNE MARCUM .• A*• ••Ue':(..Notary Public. State of Indiana SEAL, ' Union County t� Commission Number NP0654778 MUtAN*�: My Commission Expires June 19, 2030 Page j 5 Fid:mond _ 1 � Smith Hill Legal Descript 26 December 2023 PUD ion Map 0EvELOVN!Ni N .T.S. uo!Id!nsaa le2a3 - v 1igigx3 Exhibit A — Legal Description Exhibit "A" — Legal Description T IN THE SOUTHWEST QUARTER OF SI CTION Z TO SIIIP 13 NORTH, WEST, WAYNE TOWNSHIP, WAYNE COUNTY, INDIANA, AND BEING TITULARLY DESCRIBED AS FOLLOWS, BEGINNING AT A COPPERWELD PIN FOUND AT THE SO WEST CORNER OF SAID SECTION 2, SAID PIN ALSO BEING IN THE IFRL OF HODGIN ROAD; CE TII THE SOUTH LINE OF SAID SECTION 2 AND T'I-IE CENTBRLiNE OF HODGIN ROAD, SOUTH 89 DEGREES 58 MINUTES 06 SECONDS EAST FOR 140,00 FEET; THENCE NORTH 0 DEGREES 04 1UT'ES 18 SECONDS EAST FOR 1442.77 FEET TO THB TRUE POINT OF BEGINNING OF THE TRACT HEREINAFTER DESC ' ED; THENCE CONTINUING NORTH 0 DEGREES 04 MINUTES 18 SECONDS EAST FOR 360,00 FEET TO A POINT; THENCE NORTH 89 DEGREES 39 JTES 17 SECONDS EAST FOR 1324.17 FEET TO A POINT, THENCE NORTH 0 DEG 26 MINUTES 26 SECONDS WEST FOR 570.00 FEET TO A POINT THENCE NORTH 89 DEGREES 33 M]NUITS 34 SECONDS EAST FOR 300 00 FEET TO A POINT; THENCE SOUTH 0 DEGREES 26 MINUTES 26 SECONDS EAST FOR 150.00 Frog TO A POINT; THENCE NORTH 89 DEGREES 33 MINUTES 34 SECONDS EAST FOR 30000 FEET TO A POINT; THENCE SOUTH 0 DEGREES 26 MINUTES 26 SECONDS EAST FOR 420.00 FEET TO A POINT; THENCE SOUTH 89 DEGREES 33 MINUTES 34 SECONDS WEST FOR 161.12 FEET TO A POINT; THENCE SOUTH 0 DEGREES 26 MINUTES 26 SECONDS EAST FOR 360.72 F1BT TO A POINT; THENCE SOUTH 89 DEGREES 39 MINITTES 17 SECONDS WEST FOR 1766.27 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 21.405 ACRES, TRACT 2. SITUATE IN THE SOOT E"ST NORTHWEST QUARTERS OF S ON 2, TOWNSHIP 13 NORTH, RANGE 1 WEST, WAYNE TOWNSHIP, WAYNE COUNTY, INDIANA, AND BEING MORE PART1C'ULARLY D ED AS FOLLOWS: BEGINNING AT A COPPERWELD PLN FOUND THE SOUTHWEST CO' R OF SAID SECTION 2, SAID PIN ALSO BEING IN THE CENTERLINE OF HODGINROAD; THENCE WITH THE SOUTH LINE OF SAID SECTION 2 AND TIDE C 'ERUNE OF HODGIN ROAD, SOUTH 89 DEGREES 58 MINUTES 06 SECONDS EAST FOR 140.00 FEET; THENCE NORTH 0 DEGREES 04 MTNUI"ES 18 SECONDS EAST FOR 1230.00 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREINAFTER, DESCRIBED; THENCE CONTINUIO NORTH 0 DEG S 04 MINUTES 18 S _ NDS EAST FOR 212.77 FEET -TO A POINT, THENCE NORTH 89 DEGREES 39 MJNTJTES 17 SECONDS EAST" FOR 524:17 FEET To A POINT; THENCE SOUTH 0 DEGREES 04 MINUTES 18 SECONDS WI]S`F FOR 212.77 FEET TO A POINT, THENCE SOUTH 89 Exhibit A — Legal Description DEC3 . S 39IINUTE 17 SE'C'ONDS WEST FOR 524.17 FEET r POINT OF BE -INNING; CONTAINING 2.560 ACRES, TRACT 33, BEGINNING AT A COPPERWEL I) PIN FOUND THE SOUTHWEST CORNER OF SAID SECTION 2, sArD PIN ALSO NG IN THE CENTERLINE ,L OF HODGIN ROAD; THENCE wnu THE SOUTH LINE OF SAID SECTION 2 AND THE CENTERLINE OF HODHIN ROAD, SOUTH 89 DEGREES 58 MINUTES 06 SECONDS. EAST FOR 140,00 FEINT; THENCE NORTH 0 DEGREES EES S 18 SECONDS EAST FOR 1502,17 FEET TO THE TRUE POINT OF 13EGINNING OF THE TRACr HEREINAFTER ER DESCRIBED; THENCE CONTINUING NORTH 0 DEGREES 04 IvENUTES 18 SECONDS EAST FOR 169.92 FEET TO A ; =NCR ON A► THE RIGHT FOR AN ARC DISTANCE OF 433,26 T FEET To A POINT, S CURVE _ RAVING A CE AI:. ANGLE OF 27 DEGREES 44 MINUTES 18 SECONDS, A RADIUS OF 894.93 FEET AND WHOSE LONG CHORD BEARS NORTH 13 DEGREES 56 MINUTES 28 SECONDS EAST FOR 429.014 FEET; THENCE NORTH 27 DEGREES 48 MINUTES 37 SECONDS EAST FOR 197.77 FEET TO A POINT; THENCE ON A CURVE TO THE LEFF FOR AN ARC DISTANCE OF 32L85 FEET TO A POINT SAILS CURVE. HAVING A CENTRAL ANGLE OF 18 DEGREES 10 MINUTES 09 SECONDS, A RADIUS OF 1014.93 FEET AND WHOSE LONG CHORD BEARS NORTH 18 DEGREES 43 MINUTES 32 SECONDS FOR EAST OR 320.50 FEET; THENCE NORTH 9 DEGREES 38 MDTUTES 27 SECONDS EAST FOR 91.70 FEET TO A RAILROAD SPIKE FOUND IN THE CENTERLINE OF BACKMEYER ROAD; THENCE wrm THE CENTERLINE !ay FTA KM R ROM), SOUTH89 DEGREES 27 + TES 40 SECONDS EAST FOR 200,18 PEET TO APONT; THENCE SOUTH 0 DEGREES 26 MINUTES 25 SECONDS EAST FOR 1156.10 FEET TO AN IRON PIN; THENCE souni w DEGREES 39 17 SECONDS WEST FOR 524.17 FEET TO THE TRUE PONT F BEGINNING; CONTAINING 10.440 ACRES. TRACT STrUATE IN THE SOUTHWEST QUARTER OF SECTION 2, TO SHIP' 13 NORTH, RANGE 1 WEST, WAYNE TOWNSHIP, WAYNE COUNTY, INDIANA, BEING PART OF THE LAND CONTEYED TO STAR BANK, N.A., TRUSTEE BY DEED! RECORDED IN DEED 48Z PAGE 34, OF THE WAYNE COUNTY DEED RECORDS AND BEING MORE PARTICULARLY E AS FOLLOWS: EEG1NNING AT A COPPERWELS ITT FOUND AT THE SCITIT'WEST CORNE... OF SAID SECTION Z SAID PIN ALSO BEING IN THE __. CENTERLINEOF HO IN ROAD; 'FENCE WITH THE SOUTH LINE OF SAM SECTION 2 AND THE CENTERLINE OE TAODGIN ROAD SOUTH 89 DEGREES 58 MINUTES 06 SECONDS ST FOR 140.0 THENCE NORTH! 0 DEGREES 04 MINUTES 18 SECONDS T 838.66 FEET TO THE TRUE POINT OF BEGINNING OF THE TRAM` HEREINAFTER DESCRIBED; THENCE C »mNUING NOWITI 0 DEGREES 04 MINUTES S 18 SECONDS EAST 391.34 FEET TO A POINT; THENCE NORTH 59 DEGREES 39 MINUTES 17 SECONDS EAST FOR 524.17 FEET TO A POINT; THENCE NORTH 0 DECREES 04 mrtiuns 113 SECONDS EAST FOR 212,77 FEET TO A POINT; THENCE NORTH..,.. 89 DECREES 39 MINtriES 17 SECONDS Exhibit A — Legal Description EAST FOR 211.00 FEET` TO A POINT; THENCE SOLITI-L 0 DECREES 04 MINUTES 18 SECONDS WEST FOR 607.33 FEET TO A POINT IN THE SOUTH LINE OP THE SAID SMITH LAND; THENCE WITH THE SOUTH LINE OF THE SAID SMITH LAND, SOUTH 89 DEGREES 59 MINUTES 37 SECONDS WEST FOR 544.15 FEET TO TRUE POINT BEGINNING; CONTAINING 5,006 ACRES. TRACT 5: SITUATE IN 'FHB NORTHW ►T AN SOUTHWEST QUARTERS OF SECTION 2, TOWNSHIP 13 NORTH, RANGE 1 WEST, WAYNE TOWNSHIP, WAYNE COUNTY, INDIANA, BEING PART OF THE LAND CONVEYED TO STAR BANK, N.A., TRUSTEE BY DEED RECORDED IN DEED 1]OOK 482, PAC3E 34, OF THE WAYNE COUNTY DEED RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A COPPERWFLD PIN FOUND AT TI-IE SOUTHWI3ST CORNER OF SAID SECTION 2 SAID PIN ALSO BEING IN THE CENTERLINE OF HODGIN ROAD; THENCE WITH THE swill LINE OF SAID SECTION 2 AND THE CENTERLINE OF HODGIN ROAD, SOUTH 89 DEGREES 58 MINUTES 06 SECONDS EAST FOR 140.00 FELT; THENCE NORTH 0 DEGREES 04 IvIINITIES 18 SECONDS EAST FOR 838.66 FEET TO THE SOUTH LINE OF THE SAID SICI'H LAND; THENCE WITH THE SOUTH LINE OF THE SAID SMITH LAM), NORTH 89 DEGREES 59 MINUTES 37 SECONDS EAST FOR 544.15 FEET TO THE TRUE POINT OF BEGINNING FOR THE TRACT HEREINAFTER DESCRIBED; THENCE NORTH 0 DEGREES 04 MINUTES 18 SECONDS EAST FOR 607.33 FEET TO A POINT; THENCE NORTH 89 DEGREES 39 MINUTES 17 SECONDS EAST FOR 1222.10 FEET TO A PONT; THENCE NORTH 0 DEGREES 26 M UT S 26 SECONDS WEST FOR 360.72 FEET TO A POINT; THENCE NORTH 89 DEGREES 33 MINUTES 34 SECONDS EAST FOR 161,12 FEET TO A POINT THENCE NORTH 0 DEGREES 26 MINUTES 26 SECONDS WEST FOR 420.00 FEET TO A POINT; THENCE SOUTH 89 DEGREES 33 MINUTES 34 SECONDS WEST FOR 3110.00 FEET TO A POINT; THENCE NORTH 0 DEGREES 26 MINUTE 26 SECONDS WEST FOR 150.00 FEET TO A POINT; THENCE SOUTH 89 DEGREES 33 MINUTES 34 SECONDS WEST FOR 300.00 FEET TO A POINT; THENCE NORM 0 DEGREES 26 ES 26 SECONDS WEST FOR 217.30 FM TO A POINT; THENCE SOUTH 89 DECREES 45 MINITEES 25 SECONDS EAST FOR 649.64 FEET TO A POINT; THENCE NORTH 0 DEGREES 35 MINUTES 36 SECONDS EAST FOR 133,45 FEET TO A POINT IN THE NORTH LINE OP THE SAID SMITH LAND AND EN TF,RI1 Q INTO THE NORTHWEST QUARTER OF SAID SECTION 2 AT 50.75 FEET -ALONG THIS COURSE; THENCE WITH THE NORTH LINE OF THE SAID SMITE LAND, SO'CJTH 89 DEGREES 45 MINiTTES 25 SECONDS EAST FOR 371.95 FEET TO THE NORTHEAST CORNER OF THE SAID SMITH LAND; THENCE WITH 'HIE EAST LINE OP THE SAID SMITH LAND, SOUTH 8 DEGREES 03 MINUTES 24 SECONDS WEST FOR 411.89' FEET TO A POINT ANT) CROSSING INTO THE SOUTHWEST' QUAR i' 'ice OF SAID SECTION 2 AT 80.07 FEET ALONG THIS COURSE; THENCE CONTINUING WITH THE EAST LINE OF THE SAID SMITH LAND, SOUTH 0 DEGREES 32 MINUTES 34 SECONDS WEST FOR 1480.46 FEET TO THE SOUTHEAST CORNER OF THE SAID SMITH LAND; THENCE WITH THE SOUT}i LINE OF TIE SAID SMITH LAND, SOUTH 89 DEGREES 59 MINUTES 37 SECONDS WEST FOR 1726.35 FEET TO THE PLACE OF BEGINNING; CONTAINING 40.210 ACRES. Broo kside Homes (typ.) Summary # Descripti on Multifamily(250 units max.) 52 C ottages (60' x 60' lot size) 58 Brookside Homes (60' x 130' l ot size) 54 Sunrise Homes (75' x 130' lot size) 14 Custom Homes (100' x 130' lot size) 178 Total Single -Family Units Smith Hill PUD Concept Plan H. %.,/,-,-,1 26 De cemb er 2023 0 E :' c o r a• ENT N.T.S. a) Exhibit D – Character Imagery District A Character Images Custom Homes Exhibit D – Character Imagery District B Character Images Sunrise Homes Exhibit D – Character Imagery District C Character Images Brookside Homes Exhibit D – Character Imagery District D Character Images Cottages and Courtyard Villas Exhibit D – Character Imagery District D Character Images Cottages and Courtyard Villas Exhibit D – Character Imagery District E Character Images Three-Story Walk-Up Apartments Smith Hill PD District Section 1. Applicability of Ordinance. 1.1 The Unified Development Ordinance and Zoning Map are hereby changed to incorporate the Real Estate into the Smith Hill Planned Development District (the "District"). 1.2 Development of the Real Estate shall be governed by (i) the provisions of this Ordinance and its exhibits, and (ii) provisions of the Unified Development Ordinance as set forth herein, except as modified, revised, supplemented, or expressly made inapplicable by this Ordinance. 1.3 Chapter ("Chapter") and Article ("Article") cross-references of this Ordinance shall hereafter refer to the section as specified and referenced in the Unified Development Ordinance. 1.4 All provisions and representations of the Unified Development Ordinance that conflict with the provisions of this Ordinance are hereby made inapplicable to the Real Estate and shall be superseded by the terms of this Ordinance. Section 2. Definitions. Capitalized terms not otherwise defined in this Ordinance shall have the meanings ascribed to them in the Unified Development Ordinance. 2.1 Comer Lot: A lot abutting upon two or more public streets at their intersection or upon two or more parts of the same street, which in either case, form an interior angle of less than 135 degrees. A corner lot is considered to have one front yard and one street side yard where abutting the intersecting streets. The front yard is considered the yard with the narrower lot frontage unless otherwise determined by the Administrator. 2.2 Street Side Setback: On a comer lot, a yard extending across the side of a lot between the front lot line and the rear lot line and being the required minimum horizontal distance between the right-of-way and the maximum permissible principal building. 2.3 Main Roof: The primary roof of a dwelling unit excluding ancillary roof elements such as doiniers, accessory gables, porches, bays, verandas, etc. Section 3. Concept Plan. The "Concept Plan", attached hereto as Exhibit B, is hereby incorporated in accordance with Article 9.10(A)(2) Planned Development; Establishment Plan. The Real Estate within the District is hereby divided into five (5) subdistricts, as depicted on the Concept Plan (individually or collectively, "Subdistrict"). Development of each Subdistrict shall be regulated as set forth in this Ordinance. The community design and lot layout shall be substantially similar to the design shown in -the Concept Plan. The Subdistrict boundaries are identified in the attached Exhibit C. The Zoning Administrator may approve an increase or decrease of up to 15% of the area of a subdistrict. ►,li iF PAGE 1 OF Y Smith Hill PD District Section 4. Underlying Zoning District(s). The Underlying Zoning District of each Subdistrict shall be as follows (the "Underlying Zoning District"): Subdistrict Underlying Zoning District A — Custom Homes R2 — Medium Density Single Family B — Sunrise Homes R3 — High Density Single Family C — Brookside Homes R3 — High Density Single Family D — Cottages or Courtyard Villas UR — Urban Residential E - Apartments M2 — Intense Multi -family Residential Section 5. Permitted Uses. The following uses shall be permitted within all Subdistricts, as set forth below: 5.1 Subdistrict A — Custom Lots: All permitted uses and accessory uses allowed in the R2 District. 5.2 Subdistrict B — Sunrise Homes: All permitted uses and accessory uses allowed in the R3 District. 5.3 Subdistrict C — Brookside Homes: All permitted uses and accessory uses allowed in the R3 District. 5.4 Subdistrict D — Cottages or Courtyard Villas: All permitted uses and accessory uses allowed in the UR District. 5.5 Subdistrict E — Multifamily: All permitted uses and accessory uses allowed in the M2 District plus the following permitted uses: • Day Care The total number of dwelling units in District E cannot exceed 250 dwelling units. Smith Hill PD District Section 6. General Regulations. The standards of Article 2 Zoning Districts, as applicable to each Subdistrict's Underlying Zoning District, shall apply to the development of the Real Estate, except as otherwise modified below. 6.1 Development Standards Matrix: Minimum Lot Width 100' Minimum Lot Area Minimum Lot Frontage Minimum Setback, Front Minimum Setback, Street Side Minimum Setback, Side (1) Minimum Setback, Rear Minimum Building Separation 13,000 sf 80' 25' 15' 5' 20' 10' Subdistrict B Sunrise Homes 75' 9,750 sf 55' 20' 10' 5' 20' 10' Brookside Homes 7,800 sf 40' 20' 10' 5' 15' 10' 60' 40' 2,400 sf N/A 5' 5' 5' 5' 10' Subdistrict E Multifamily (2) N/A 20' 15' 10' 20' 15' Development Standards Matrix Notes: (1) The combined total of the side setbacks is not required to equal at least 20% of the lot width. (2) The Minimum Dwelling Unit Size, Maximum Density, and Maximum Primary Structure standards do not apply to Subdistrict E. 6.2 Variations: The Plan Commission may approve a fifteen percent (15%) reduction in any minimum development standard or fifteen percent (15%) increase in any maximum development standard specified in this Section. Section 7. Development Standards. The standards of Article 5 Development Standards, as applicable to each Subdistrict's Underlying Zoning District, shall apply to the development of the Real Estate, except as otherwise modified by this Ordinance. 7.1 In all subdistricts: • Article 5.21(A)(1)(b) Driveway separation from an intersection along a local street shall not apply. • Article 5.27(A)(1) is modified to allow fences in a side yard or street side yard to be a maximum height of 6 feet. 7.2 In Subdistrict D — Cottages and Courtyard Villas: • Article 5.15(D)(1) Garage Capacity shall not apply. OF y Smith Hill PD District Section 8. • Article 5.61(A) Single-family Residential Parking Standards is modified to a minimum of two (2) off-street parking spaces required per dwelling unit. • Article 5.61(B) Minimum Garage shall not apply. • Article 5.61(C)(1) is modified so the required parking spaces are not required to be on the same lot as the dwelling unit. Design Standards. The standards of Chapter 7 Design Standards, as applicable to each Subdistrict's Underlying Zoning District, shall apply to the development of the Real Estate unless otherwise modified by this Ordinance. 8_1 Character Imagery Exhibit: The "Character Imagery", attached hereto as Exhibit D, is hereby incorporated. Although the Character Imagery Exhibit does not represent the final design, it does hereby establish a benchmark for the quality and appearance of Buildings within each Subdistrict, and it provides examples of specific design elements and development patterns that comply with this Ordinance and contribute to the intent and vision for the Real Estate. 8.2 In all subdistricts: • Article 7.11(B)(3) Comer Lots shall not apply. • Article 7.11(B)(4) None of the lots in the development shall be considered through lots.