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HomeMy Public PortalAbout068-1980 - Zoning - Special Use - Southwest Corner of Woodside Dr and Hayes Arboretum RdSPECIAL ORDINANCE NO. 68-1980 AN ORDINANCE AUIHORIZING A SPECIAL USE FOR A RESIDENTIAL DEVELOPMENT UNIT PROTECT LOCATED ON THE SOUTHWEST CORNER OF WOODSIDE DRIVE AND HAYES ARBORY11M ROAD, PURSUANT TO ARTICLES 48 AND 45 OF CHAPTER 22 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968 CaMUX I\JN AS ME ZONING ORDINANCE OF THE CITY OF RIaMND, INDIANA. wHEREA.S, pursuant to Article 45 of Chapter 22 of the Municipal Code, the Richmond City Plan Commission has conducted a public hearing on the preliminary plan of the subject Residential Development Unit Project and made the following findings: 1. It complies with the Comprehensive Master Plan for the City of Richmond. 2. It will riot adversely affect neighboring property. 3. It is at a location where traffic congestion does not exist at present on the streets to be utilized in conjunction therewith, undue congestion is not likely to be created as a result of this project. 4. The site development plan provides for integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, off-street parking and loading, land- scaping, and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the developer as well as from the standpoint of the adjoining or surrounding existing or potential developments. 5. The site for the subject Residential Development Unit Project is zoned C-2 Community Business District and is appropriate for the development proposed. 6. The Richmond City Plan Commission is satisfied the proponents of the development project intend to com- plete the project within a reasonable time. WHEREAS, pursuant to Article 45.051 of Chapter 22 of the Municipal Code the developer has requested the following modifications to the requirements and standards relating to a Development Unit Pro- ject be granted. 1. Article 45.033 (b) - M;n;n m, Yards: be reduced from 30 feet to 20 feet for the west yard. UmEAS, in accordance with Article 45.051, the Richmond City Plan Cammmis- sion has determined the granting of the requested modifications will not adversely affect the general public health, safety and welfare nor will it nullify the intent of the requirements and standards set forth in Article 45.00; and, WHEREAS, it is the intent and purpose hereof to authorize a Special Use for a Residential Development Unit Project located on the south- west corner of Woodside Drive and Hayes Arboretum Road and to grant the requested modifications of the Development Unit Pro- ject requirements and standards; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Comiission the 22nd day of July, 1980, at which time remon- strances were heard from all parties interested in or affected by this Ordinance. WHEREAS, the vote of the Richmond City Plan Commission was eight (8) to zero (0) in favor of recommending the passage of Ordinance No. 68-1980. ORDINANCE NO.'68-1980 Page -2 NOW MIIZ TORE BE IT ORDAINED by the Conan Council of the City of Rich- mond, Indiana as follows: SECTION 1. The real estate described below situated in the City of Richmond, Wayne County, Indiana is and the same is hereby authorized a Special Use for a Residential Development Unit Project. Located in the southwest quarter of Section 35, Township 14 North, Range 1 West, City of Richmond, Wayne County, Indiana, being part of the land conveyed to Louis M. Jaffe by deed recorded in Deed Book 352, page 414 of the Wayne County Deed Records, and being more particularly described as follows: Beginning at a railroad spike in the east line of the south- west quarter of said Section 35 and in the centerline of Hayes Arboretum Road, said spike being located by prior surveys northwardly along the half section line a distance of 1430.61 feet from the southeast corner of the southwest quarter of said Section 35; thence from the said railroad spike, South 890-36'-00" West for 250.00 feet to an iron pin, and passing an iron pin at 25.00 feet along this course; thence South 510-07'-15" West for 78.16 feet to an iron pin; thence North 360-27'-10" West for 116.37 feet to an iron pin in the eastwardly right-of-way line of Woodside Drive; thence with the eastwardly right-of-way line of Woodside Drive on a curve to the right for an arc distance of 241.44 feet to an iron pin, said curve having a radius of 1236.95 feet, a central angle of 110-1l'-00", and whose tangent at the point of curva- ture bears North 560-20'-00" East; thence continuing with the eastwardly right-of-way line of Woodside Drive, North 670-3l'-00" East for 180.63 feet to a railroad spike in the east line of the southwest quarter of Section 35 and in the centerline of Hayes Arboretum Road; thence with the east line of the southwest quarter of said Section 35 and the centerline of Hayes Arboretum Road, South 00-24'-00" East for 226.93 feet to the point of beginning; containing 1.304 acres and subject to all easements, restrictions and legal highways of record. SECTION 2. The miniu m yards as specified in Article 45.033 relating to the depth from adjoining perimeter property for the subject Residential Development Unit Project is hereby reduced to 20 feet from the western property line. SECTION 3. As a condition of the aforesaid Special Use and as an addi- tional restriction on said use, the following requirements shall hereafter and at all times be met by the owner of said real estate: a. Project frontage, side yard widths, and distance between building in the Residential Planned Unit Development shall be in accordance with the plans and detail sheets attached hereto and made a part hereof and marked Exhibit "A" and which shall be the Final Plan as defined and described in Article 45 of the Zoning Ordinance of the City of Richmond, Indiana. b. Prior to the issuance of an Improvement Location Permit, the owner shall dedicate to the City of Richmond additional right-of-way for Hayes Arboretum Road so that there will exist twenty-five (25) feet from the centerline to the west line of said road. c. Prior to the issuance of a Certificate of Occupancy, the owner shall improve the west half of the right-of-way for Hayes Arboretum Road to be compatible with the City street standards and subject to the Board of Public Works and Safety's approval and acceptance of adequate surety to guarantee the construction of said improvements. ORDINANCE NO. 68-1980 Page 3 d. Prior to the issuance of a Certificate of Occupancy, the owner shall execute and record all necessary public utility easements. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval as by law required. PASSED AND ADOPTED by the Comzmn this 11day of _ ATTEST: Q at�� CiAty C er of the City of Riclmmnd, Indiana, L-� , 1980. PRESENTED by me to th yor of the City of Richmond, Indiana, this day of 1980. C k APPROVED by me, Clifford J. Dicker Mayor of the City of Richmond, Indiana, this StA day of 1980. On � - j, /s ATTEST: &fty-Z1erk