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HomeMy Public PortalAbout1999-05 Zoning MapORDINANCE NO. 1999 -5 AN ORDINANCE AMENDING THE GREENCASTLE PLANNING AND ZONING • ORDINANCE BY AMENDING THE ZONING MAP WHEREAS, the Plan Commission of the City of Greencastle, pursuant to the Petition of McDonald's Corporation, has prepared this ordinance to amend the Greencastle Planning and Zoning Ordinance by amending the zoning map; WHEREAS, the Greencastle Plan Commission has reported that it held a public hearing concerning this ordinance on March 29, 1999, after timely notice of the hearing was given by publication in the Banner - Graphic Greencastle, Indiana on March 19, 1999; WHEREAS, the Greencastle Plan Commission has reported that it paid reasonable regard to the following factors enumerated in IC 36 -7 -4 -603 in consideration of the ordinance and determination of a recommendation to be made to the Common Council: I. the comprehensive plan; 2. current conditions and the character of current structures and uses in each district; 3. the most desirable use for which the land in each district is adapted; 4. the conservation of property values throughout the jurisdiction; and 5. responsible growth and development. WHEREAS, the Greencastle Plan Commission has certified this ordinance to the Common Council with a recommendation by a majority vote in favor of adoption; WHEREAS, the Common Council has considered the recommendation of the Greencastle Plan Commission and has paid reasonable regard to the factors enumerated in IC 36 -7 -4 -603 before acting on this ordinance; WHEREAS, the Common Council has determined that this ordinance should be adopted without amendment as certified by the Greencastle Plan Commission. 0 THEREFORE, BE IT ORDAINED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF GREENCASTLE, INDIANA: SECTION 1. REZONING • That the City of Greencastle Zoning Map, Chapter 10 -38 of the City of Greencastle Code, is hereby amended by changing the zoning classification for the following described real estate from R2 (Low Density Multiple - Family Residence) to C3 (General Business District): 1.65 acres located at the southwest corner of Indianapolis Road and First Street (a/k/a Percy L. Julian Drive /Zinc Mill Road) from R2 (Low Density Multiple - Family Residence) to C3 (General Business District). Legal description attached. This ordinance takes effect upon passage. The Clerk - Treasurer of the City of Greencastle is ordered to have this ordinance published by inserting a copy of the ordinance in each of the two (2) sets of the City of Greencastle Code maintained on file for public inspection in the office of the Clerk- Treasurer. THIS ORDINANCE was passed and adopted this �92 day of 1999. is U Nancy hael Presiding fficer z w ' za" Pamm Jones Clerk- Treasurer Presented me to the Mjyor of Greencastle, Indiana, this / day 1999, at OS o'clock r .m. Pamm Jones, Clerk- Treasurer • " \J Ap roved o'clock,m. and signed by me this /����day ATE Pamm Jones Clerk- Treasurer SYNOPSIS of 1999, at Nancy chael Presiding fficer This ordinance amends the Greencastle Zoning Map, Chapter 10 -38 of the City of Greencastle Code to rezone 1.65 acres located at the southwest corner of Indianapolis Road and First Street (a/k/a Percy L. Julian Drive/Zinc Mill Road) from R2 (Low Density Multiple - Family Residence) to C3 (General Business District). Petitioner: McDonald's Corporation Owner: Helen J. Johnston " EXHIBIT A The following described real estate located in the City of Greencastle, Putnam County, State of • Indiana, to -wit: green \cWd1999 -.mod • • /�_,:, A part of Lot No. 3 in Roger's and Cookerley's Addition to the City of Greencastle, Indiana, described as follows, to -wit: Commencing 406 feet north of the southeast comer of said lot at an iron stake which is 20 feet west of the center line of Section 22; thence south 88 degrees west 234 feet to an iron stake on the west line of Lot No. 3; thence north on the west line to the northwest corner of Lot No. 3; thence east on the north line of Lot No. 3 to the northeast comer of said lot; thence south on the east line of said lot to the place of beginning. EXCEPT THEREFROM: A part of Lot No. 3 in Roger's and Cookerley's Addition to the Town (now City) of Greencastle, Indiana, the plat of which addition is recorded in Plat Book 2 page 71 in the office of the Recorder of Putnam County, Indiana, described as follows: Commencing at the northeast. corner of said lot; thence south 0 degrees 00 minutes 00 seconds west 235.00 feet along the east line of said lot and the east line of the northwest quarter of Section 22, Township 14 North, Range 4 West, Putnam County, Indiana; thence south 90 degrees 00 minutes 00 seconds west 20.00 feet to the west boundary of Zinc Mill Road and the point of beginning of this description; thence south 90 degrees 00 minutes 00 seconds west 10.00 feet; thence north 0 degrees 00 minutes 00 seconds west 135.00 feet; thence north 11 degrees 54 minutes 34 seconds west 40.10 feet; thence north 89 degrees 54 minutes 46 seconds west 46.67 feet; thence south 71 degrees 09 minutes 20 seconds west 100.00 feet; thence south 80 degrees 47 minutes 01 second west 50.71 feet to the southern boundary of S.R. 240; thence north 70 degrees 51 minutes 05 seconds east 156.00 feet along the boundary of said S.R. 240; thence north 69 degrees 26 minutes 06 seconds east 22.99 feet along said boundary; thence along said boundary northeasterly 42.71 feet along an arc to the right and having a radius of 828.83 feet and subtended by a long chord having a bearing of north 72 degrees 37 minutes 54 seconds east and a length of 42.70 feet to the west boundary of said Zinc Mill Road; thence south 0 degrees 00 minutes 00 seconds east 205.88 feet along the boundary of said Zinc Mill Road to the point of beginning and containing 0.102 acres, more or less. E GREENCASTLE CITY PLAN COMMISSION DOCKET NO. 1999 -1 ® SUBJECT: Amendment to Zoning Map, Chapter 10 -38 of the City of Greencastle Code to rezone 1.65 acres located at the southwest corner of Indianapolis Road and First Street (a/k/a Percy L. Julian Drive/Zinc Mill Road) from R2 (Low Density Multiple - Family Residence) to C3 (General Business District). Petitioner: McDonald's Corporation Owner: Helen J. Johnston WHEREAS, the Plan Commission of the City of Greencastle, initiated and prepared the attached ordinance to amend the Greencastle Planning and Zoning Ordinance by amending the zoning map; WHEREAS, the Greencastle Plan Commission has reported that it held a public hearing concerning this ordinance on March 29, 1999, after timely notice of the hearing was given by publication in the Banner- Graphic Greencastle, Indiana on March 19, 1999; WHEREAS, the Greencastle Plan Commission has reported that it paid reasonable regard to the following factors enumerated in IC 36 -7-4 -603 in consideration of the ordinance and determination of a recommendation to be made to the Common Council: ® 1. the comprehensive plan; 2. current conditions and the character of current structures and uses in each district, 3. the most desirable use for which the land in each district is adapted; 4. the conservation of property values throughout the jurisdiction; and 5. responsible growth and development. WHEREAS, the Greencastle Plan Commission certifies this ordinance to the Common Council with a favorable recommendation. Dated this 29th day of March, 1999. GREENCASTLE CITY PLAN COMMISSION BY: Presiding Officer ATTEST: Secretary AGREEMENT ® This Agreement is made this 13th day of July, 1999 by and between the City of Greencastle (City) and McDonald's Corporation (McDonald's). Whereas, McDonald's intends to relocate its restarant from 816 Indianapolis Road (current location) to certain real estate in Putnam County, Indiana, being more particularly described in attached Exhibit A (new location); and Whereas, McDonald's has proposed certain road improvements in accordance with plans submitted by McDonald's, as revised on July 12, 1999; and Whereas, McDonald's has proposed to bear the expenses of those road improvements under said plan; and Whereas, the parties are desirous of entering an agreement to document the road improvements pursuant to such plan and to attribute the costs of such work. NOW THEREFORE, the City of Greencastle and McDonald's, by their duly authorized representatives, do hereby agree as follows: 1. The road improvements referenced in the above plans shall be constructed at McDonald's sole expense, by McDonald's in accordance with such plans as long as said plans are not ® inconsistent with City ordinances or with those items specifically listed below, said ordinances and items controlling. Such improvements shall be constructed on a schedule mutually agreed to by the parties. All additional on and off -site improvement drawings shall be approved by the City Engineer prior to any construction. Said approval shall not be unreasonably withheld. 2. McDonald's agrees that, due to the construction of the project, the existing traffic signal at the intersection of Indianapolis Road and Percy L. Julian Drive must be relocated and that the relocation of the signal must be in conformance with federal, state and local construction and safety standards and guidelines. The costs associated with the relocation of the existing signal shall be borne by McDonald's. The final plans for relocation of the signal must be approved by the City Engineer prior to relocation. Said approval shall not be unreasonably withheld. 3. McDonald's agrees that it shall relocate the water lines, at its expense, which currently serve the new property so that the pipes are not located under the City streets and are easily accessible to the City for repairs and maintenance. Final plans for relocation of the water lines must be approved by the City Engineer prior to relocation. Said approval shall not be unreasonably withheld. 4. McDonald's agrees that it shall be responsible for the costs, repair or restoration of any damage caused by McDonalds', it agents', contractors' or subcontractors' negligence, to City property or to unforseen subterranean conditions occurring during the construction at the new location. 5. McDonald's agrees that all signage located on its property shall conform in all respects to federal, state and local standards, including local ordinances governing signage and lighting. 6. McDonald's agrees that, upon closing and /or vacating its current location, it shall, u p iting on the City's request, place parking bumpers at its current location's west entrance, prohib entrance from that location. Such parking bumpers shall remain in place until such time as the property has been sold or leased. The existing signal detector loops may be deactivated at any time after McDonald's vacates the property, at the discretion of the City. 7• The parties acknowledge that certain work to be performed by McDonald's will occur within City right -of -way. McDonald's agrees to obtain adequate bonding and insurance for all off -site work occurring within the City's right -of -way, and shall name the City as an additional insured. Any construction contracts relating to the relocation shall be approved by the City Attorney and City Engineer prior to any 'co nstruction. Said approval shall not be unreasonably withheld. J 8. If McDonald's chooses not to purchase or develope` the property at the new location, for its purposes, this Agreement shall be determined null and void. SO AGREED. McDonald's Corporation City of Greencastle" By: Printed Name: j By. « Nancy A. ichael, Mayor Atte Pamela S. Jones, 4-easurer 0 EXHIBIT A ® A part of Lot Numbered Three (3) in Roger's and Cookerley's Addition to the City of Greencastle, Indiana, described as follows, to -wit: Commencing 406 feet north of the southeast corner of said lot at an iron stake which is 20 feet west of the center line of Section 22; thence south 88 degrees west 234 feet to an iron stake on the west line of Lot Number three (3) ; thence north on the west line to the northwest corner of Lot Number three (3); thence east on the north line of Lot Number three (3) to the northeast corner of said lot; thence south on the east line of said lot to the place of beginning. EXCEPT THEREFROM: 9 A part of Lot Numbered. Three (1) in.Roger's and Cookerley's Addition to the Town (now City). of Greencastle, Indiana ' -the plat of which addition is recorded in.Plat Book 2, page 71:in:.the Office. of. the Recorder of Putnam County, Indiana, described as..follows::< Commencing. at the northeast corner of said lot; thence south 0 i..degrees 00 minutes 00 seconds west 235.00 feet along the: east ,Jine_ .of - said lot and:the.- east..line.of:: the. northwest: quarter of Section 22; Township 14 North ;: Range _ -:4 <- West, 'Putnam '.,County; Indiana ;:-:thence. ­south .90 .90 degrees:OO minutes.-OVseconds west: "feet.to:the west:_- t.`boundary of Zinc :Mill '.Road and - the_point, of. beginning.'of description; thence:south:90 degrees.00>minutes 00:.seconds west .: :10:00..feet;- thence ".north:0 degrees ;:.00 °. minutes- 00 seconds.,west .`i 135 -00 feet; thence. north 11.degrees:54.minutes 34 seconds west .40.;-10: feet; thence north 89 degrees .:54 minutes 46. seconds west:. 46 67.feet; .thence south 71. degrees. 09 minutes 20 seconds west: .. 100.00 feet; thence south 80 degrees 47 minutes 01 second west .50.71- feet to the southern boundary of State.Road 240; thence north 70 degrees 51 minutes _05 seconds :east .156.00 feet along the boundary of said State Road 240; thence north 69 degrees 26 minutes 06 seconds east 22.99 feet along said .boundary; thence along said . boundary northeasterly 42.71 feet along an arc to the right and having a radius of 828.83 feet and subtended by a long chord having a bearing of north 72 degrees 37 minutes 54 seconds east and a length of 42.70 feet to the west boundary of said Zinc Mill Road; thence south 0 degrees 00 minutes 00 seconds east 205.88 feet along the boundary of said Zinc Mill Road to the point of beginning and containing 0.102 acres, more or less. • City of Greencastle ® City Hall Four East Walnut Street Greencastle, Indiana 46135 ESSENTIAL SERVICES May 19, 1999 Proposed Wal -Mart Supercenter Property Owned by John and Marilynn Sturgeon, 1800 East State Road 240 Presented by: Chris Danos, Wal-Mart Stores, Inc., 20001 Southeast l0 "' Street, Bentonville, AL, 72756 Mohsen Ghadinakhani, PE, Wal -Mart Stores, Inc., 20001 Southeast 10 "' Street, Bentonville, AL, 72756 Steve Maines, ADM Real Estate, 3410 West Fox Ridge, Muncie, IN, 47304 Bill Stout, CEI Engineering Associates, 1395 South Marietta Parkway, Bldg. 300, Suite 110, Marietta, GA, 30067 John and Marilynn Sturgeon, 1800 East State Road 240, Greencastle City rpresentatncs present: Board of Zoning Appeals Chairman Jinsie Bingham. Building Inspector Bernie %1:ilf. Cit% Attornuc Uun is Robertson. CrN Engineer Ron Smith. MecorNancv A. Michael Plan Commission Volibcr Bill Don. Acting Strect Commissioner Thomas Miles. Water Works Superintendent Terry Dale, WV it tc\\ater Treatment Plant Acting Superintendent Mike Neese. Nk_•or : Michael c�plamcd another meeting has been set for Mac 24,1999, with Stout and Rick Malone r._;i, ding the plans for the building interior_ At the first Wal -Mart Essential Services Meeting held April y9 the proper Wal -Adart rcprescntati��os were not present She has been contacted b� ma individuals cenccrned about a new. expanded store. The general concerns are \chat happens to the present location, what It does to other businesses. traffic and signals. improvement of the drainage pond. landscaping and aesthetics as done b% the industries in the area_ and safery of the parking lots and store aisles- Dnnos advised Wal -Mart does not use speed bumps because the\ havc experienced more accidents with them. Thc% v\ ill be using hashinarks for the tiro land and a 30 -foot vide crosswalk. A six -foot privacy fence is planned for the south side. There will be a grocer% /baker% /deli section. He noted all groceries will be shipped here from Illinois. The Supercenter v�.ill ha%c tvvo entrances. In the vestibule area of the building, Danes explained the% sublease to three or four businesses such as optical, hair salon_ vitamins and health foods. bank or portrait studio. and that normal) %ocwpics 2000 . to 3,000 square feet ofthe building. That area is built with vv.al!s that adjust as the leascc changes. A restroom is planned for the front of the store. The grocery N% ill oceupc approximately 15.000 square feet. The balance of the store \w ill have departments similar to those in the present store, including the pct area. The oil and lubc area will be six ba%s and will not do heave repair, ho\%crer_ they will do oil changes. sell and install batteries and sell tires. Although the store will be open 24 hours_ the oil and lube area v\ Ill not be. At the present Wal -Mart site_ Wal -dart could have taken advantage of vacated space and expanded their Cnrl'Cnt store. the Ma%or noted. ® (continued) ESSENTIAL SERVICES MEETING -- Wal -Mart Super Center Pace ? blav 19. 1999 Dramaac: The drainage from the culvert does not flow to Sturgcons' pond, but bypasses it. Stout reported. Wal --Nlat plans to fence the stoim detention area for safety reasons, Danes revealed. Smith will need the numbers on drainage. Entrances and Service Road There is a right- in /mIllt -out entrance on the west side, and an access on the east side ofthe propert} has bccn added. Danes noted. Stout will petition the Indiana Department of Transportation once his traffic study is completed Smith pointed out the trick routing signs on Wal -Mart's plans. The scn ice road kill need to be cxtendcd in the future for prospective development. Danes believed most customer traffic will enter the right -in /right -out entrance and exit via the cast drive. The east drive will be 36- feet wide x\ ;(Ii three lanes. while the right -in /right -out entrance kill be 24-feet wide. Ghadimkhani revealed. The city is considering aligning Calbcrt Way %\ith the traffic li for the sen ice road, Dory' explained. Stout asked if the cxtcnsion would also be named Calbcrt Way. but the Naas or said it would be a future decision. • Parking Lot In response to an inquire from Ma Michael, Danos advised landscaping is not planned within the parking lot. It makes snow rcnhoaa! difficult and collects trash. Presently. a third of the parking lot is used for Wal- ,\9art's garden center. cl muriating a large number of parking spaces. in fact they could be fined. Mayor ikl.chacl advised Danes responded a seasonal area is planned which will be used for a garden shop and Christmas articles. Nlaeor Michael stated that if Wal-Mart is asking for a variance in the number of parking spaces required. thev kill not be nivcn permission to use parking for anything else. Dory suggested dividing the parking lot into three sections b% using trees. Smith noted thedrainage could be installed in those locations. At the previous Essential Scn ices meeting. Wal -Mart was asked to provide an employee parking lot, the Mayor noted_ Stout rcportcd it has bccn procidc: hov\cver_ it is up to the local store manager to monitor where cmhlor res park. Ghadimkhani reported that, although thcy do not plan to fulfill the parking space requirement. 1 00 parking spaces more than at the present stoic are planned. Liohnw_* Mayor Michacl adv i,,A she had been given several concerns as to light pollution. Ghadimkhani infmiled thec will use lighting that is directed to the surface and will make certain it does not go beyond prtp�rtc lines. They plan to use metal halite lighting as it is the warnhcst color. ScOcr: Smith advised the% need to discuss the depth of the sewer line. An eight -inch line is being considered, Stout reported. Neese reminded %kal -Mart there can be no grease put in the sewer. Wat'r: Plans �v ill show the location of the stub and depth of the line. Ghadimkhani, stated. If the water line is put in the right -of -way_ there is a potential for Wal-Mart to receive reimbursement by future development. Smith explained. Dale pointed out there is a potential for problems if several small lines are installed with future development. The hMa_wr stated the city wants to be certain the correct infrastructure is installed the first time. Security As discussed in the precious meeting. Wal -Mart will need to formally request the Police Department assist with enforcement of handicap parking and fire lanes. Si�':walks and Peale PathwaNs The People Pathtcays path needs to be noted on the plans, Dory explained. People will need to be able to cross the entrances safelc when they bieccle or walk to Wal -Mart or the Big \y'alnLit Sports Park. iMavor Michacl noted pedestrian crosswalks will be required. (continued) • ESSENTIAL SERVICES MEETING - Wal-Mart Super Center Pagc 3 Ma% 19. 199 • Sianage Manor Michael noted that at the previous meeting, Wal -Mart was asked to use a monument sign similar to those being used b% Crown Equipment and suggested thc% go to the area to see what is already in place. Ghadinikhani asked if the\ would be permitted to use two signs, and the Mayor said two would be approved if thcc were small and fit within the aesthetics of the area. Gasoline Station See final paragraph. \k'hcn AVal -Mart came to Greencastle. the% planned to be at the present location for 20 to 2d years, Dory stated. If WaI- iblart has outgrown the Putnam Plaza site in ten %cars. what will Wal -Mart do if it outgrows the Super C_ntcr. The presentgrowth ofGrocncastle does not indicate that will happen. Danos responded. Ghadimkhani reported the oldest Super Center is 10 \cars old and is located is Missouri. Wal -Mart prefers to own the propert% in order to have more control, and the current locations do not accommodate expansion. Don responded Wal -Marts need to grow in the future is what concerns him. If the% need to expand. Danos felt Wal -Mart would probably build a second site in another area. The Mah or inquired as to the plans for the - - dark building this h%ould create. Danos advised there is five %cars Icil on their lease at Putiiani Plaza. The precedent is that Wal- iYfart actively pursues a business to sublease the store when there is seven %cars left on the ease. For less than seven, tile_%give the landlord the balance of the lease and the landlord pursues an occupant. Danos pointed out the same shoppers will be going to that area since the store is being relocated down the • SII ":et. The present landlord has not been cooperatirc. Dory noted. For instance. the sign blew down during a storm and was not repaired for a long time. and the drainage ditch is not maintained. D;mos advised Rural King is intocstcd in their dark stores in Jasper and Vincennes. Dorn noted it has been thrcc %cars since the Vincennes store \\cut dark. Goodies and 1 - lobbh Lobby have also taken some of Wal- NI-ri s dark stores. If Val -Mart pays off their Icasc. the building owner has no incentive to fill it, Manor \lichacl pointed out Nln%or Michael asked %%hat sales arc expected to bc. First -_%car sales are estimated to almost double. Danos rep! i ed. Nlowr:Michael inquired if the\ Mll bi using local contractors for construction of the Super Center. Thejob wiil be bid out fora general contractor. h%ho then bids it out to subcontractors. Danos explained. The general contractor brill probabin not be local as Wal -Mart usual]% uses companies that have done several jobs for them in th•. past. The Mayor noted she expects local people to have the opportunity to get the job. This area has sen_ral companies that could scree as subcontractors and he would provide them with a list, Dory advised. Concrete, asphalt and gravel will be local. Dory continued. From a public relations standpoint, he rcccnuncnded the general contractor provide the local companies the opportunity to bid. John Sturgeon noted Putnam Count% has a Contractors Association. Ghandimkhani agreed to give the general contractor the list. • (continued) ESSENTIAL SERVICES MEETING - %Val -Mart Super Center Pays 4 Ma% 19. 1999 • Our local contractors and businesses arc the people who support south baseball, soccer and school functions and this enlarged Wal -Mart %%ill affect our opticians, groceries. pharmacies. and businesses such as Bright Futures and Cross Cuts Hair Salon. M ane of our citizens have complained to the Mac or that the prices charged at Greencastle's Wal -Mart are hi,�hcr than at other Wal -V1art storos. Danos explained the store manager can lotsera price, but cannot raise It. In response to a question. Danos reported cmploN mcnt at the store will double the present number, which is around I �0. The average number ofcniploVices at a Super Center is 50. Ghadimkhani reported. When asked b% Don hots mvm jobs %ccrc full time %%ith full benefits. Danos informed it is usually 50/50 or 60/40. Starting c.,shicr %cages are between 5650 and $T00 Ghaclimkhani inquired as to tax abatement Past precedent is not to offer it for retail. especially when a eGcnpaic is one of the top profit makers. Dore advised. Only the building %could be eligible for abatement. NI a. or Michael pointed out the Wal -Mart Distribution Center aheadr received a substantial abatement. TL cost of the sitc %sari: %%ill be Ipproximatelc SZ million and $�.6 million forthe building including fixtures, G!�adimkhani disclosed. B:r.t_ ham noted the Zoning Board meeting is June L 1999, at Tzouanakis Intermediate School, and Wal -Mart will need to present their final plans for the reduction in parking spaces and the lot. :i;a or Michael asked %shat \Val -Mart %%auld do if the cit% did not agree to this location. Danos replied they %c;,111d stud% their options for using the prescnt store or look for a site alread% properl zoned. In looking at leal.auc. or Greencastle customers \\ ho shop outside this area_ Danos found thc_s' go to theTerio Haute Super C.ali.)r and Sam - s Club. Di IN asked about plans to build Super Centers in surrounding counties and communities. There have been stt ri :s Much have cannibalized others. but mam stores just need to grove_ Danos responded. Stu:aeon stated that a banker told him that Mien a Super Ccnter %cent in, there teas a I� percent boost to the comm11aita. He did not lace the figures. but it usuallt affects rural communities as opposed to cities, Danos e,:plained. Follo%cing the meeting. it was noted a gas station %cas included in the plans. Mr. Stout reported there would be a maximum of 16 pumps. 8essr`.wal- mart599.tah • McDonald's Restaurant Project- Drainage Design -50 Year Storm Runoff at Indianapolis Road Time in Minutes —Total 50 Year Runoff (Road + Site) At Indianapolis Road Outlet For Pre - Development Conditions at McDonald's Site —Total 50 Year Runoff (Road + Site) At Indianapolis Road Outlet For Post Development Conditions at McDonald's Site Without Detention —Total 50 Year Runoff (Road + Site) At Indianapolis Road Outlet For Post Development Conditions at McDonald's Site With Detention O O 50 100 150 200 250