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HomeMy Public PortalAbout007-1991 - ORDINANCE REPEALING ORDINANCE NO 42-1989 AND AMENDINAMENDED ORDINANCE NO.7-1991 AN ORDINANCE REPEALING ORDINANCE NO.42-1989 AND AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF PROPERTY LOCATED ON THE NORTH SIDE OF DANA PARKWAY, IN THE 2000 BLOCK, FROM M-2 GENERAL INDUSTRIAL DISTRICT TO M-2 SU GENERAL INDUSTRIAL SPECIAL USE DISTRICT; AND ALSO AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A MANUFACTURER'S RETAIL OUTLET MALL DEVELOPMENT UNIT PROJECT. WHEREAS, the Common Council of the City of Richmond adopted Ordinance No. 42-1989 which rezoned certain property off of Dana Parkway and authorized on said property a manufacture's retail outlet mall development unit project; and, WHEREAS, development plans for manufacture's retail outlet mall have changed to the point that the original approval granted in Ordinance No. 42-1989 by the Common Council of the City of Richmond is nolonger valid for the proposed project; and, WHEREAS, it is the intent and purpose hereof to repeal Ordinance No. 42- 1989 and to adopt this Ordinance to change the zoning classification of said property from M-2 General Industrial District to M-2 SU General Industrial Special Use District and to authorize the special use of said property as a manufacturer's retail outlet mall development unit project; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the 9G �Kday of 1991, at which time remonstrances were heard from all parties interested in or affected by this Ordinance; and, WHEREAS, the vote of the Richmond City Plan Commission was-Z--to D in favor of/i recommending the passage of Amended Ordinance No. 7-1991. NOW THEREFORE BE IT ORDAINED BY the Common Council of the City of Richmond, Indiana as follows: SECTION 1. That Ordinance No. 42-1989 is determined to be null and void and is hereby repealed. SECTION 2. That the zoning classification of the property described below, and the same is hereby changed to M-2 SU General Industrial Special Use District, and that said property be regulated in accordance with the Zoning Ordinance of the City of Richmond, Indiana and all amendments thereto. A part of the fractional Section 24, Township 14 North, Range 2 West, Wayne Township, Wayne County, Indiana more particularly described as follows: Amended Ordinance No. 7-1991 Page 2 Commencing at the southeast corner of said Fractional Section 24, said corner being marked by a 1-inch pipe found in place; thence North 000 degrees 43 ' 00" East (Assumed Bearing) a distance of 749.36 feet along the east line of said Fractional Section 24, to a 3/4 inch iron rod found in place; thence North 890 06' 49" West a distance of 429.88 feet to a 1-1/2-inch iron pipe found in place, thence North 0011 degrees 43' 49" East a distance of 591.07 feet, the Point of Beginning, said Point of Beginning being at a point of intersection of the centerline of Dana Parkway as described in Deed Record 459, Pages 297- 299, with the west line of Parcel No. 410, as described in Deed Record 408, Page 476; thence North 891 21' 57" West along the centerline of said Dana Parkway extended west, a distance of 826.88 feet; thence North 090 49' 39" West a distance of 130.56 feet; thence North 0411 45' 19" West a distance of 859.92 feet; thence North 710 32' 35" West a distance of 608.28 feet to an iron rod, set, on the southern limited access right of way and access control line of the southwest exit ramp at Interstate Highway Number 70; thence North 790 18' 14" East, along said southern limited access right of way and access control line a distance of 427.82 feet to the intersection of the southern limited access right of way and access control line of the southwest exit ramp at Interstate Highway Number 70, also known as Roadway "A", and the west line of said Fractional Section 24 (also known as the Indian Treaty Line" and/or the "Greenville Treaty Line"); thence North 790 18' 14" East a distance 222.07 feet along the southern limited access right of way and access control line of said Roadway "A" to the point of curvature of a tangent curve to the right, said curve having a radius of 1372.40 feet and subtended by a long chord having a bearing of North 870 20' 53" East a distance of 384.09 feet; thence Easterly along said curve, also being along said southern limited access right of way and access control line of Roadway "A", a distance of 385.35 feet to the point of non -tangency of said curve; thence South 770 36' 53" East a distance of 191.03 feet along the southern limited access right of way and access control line of said Roadway "A", to the point of curvature of a non -tangent curve to the right, said curve having a radius of 1362.40 feet and subtended by along chord having a bearing of South 710 02' 24" East a distance of 264.37 feet; thence Southeasterly along said curve a distance of 264.78 feet, also being along said southern limited access right of way and access control line, to the point of non -tangency of said curve; thence south 68 ° 01' 26" East a distance of 224.61 feet along said limited access right of way and access control line, to the point of curvature of a non -tangent curve to the left, said curve having a radius of 1205.92 feet and subtended by a long chord bearing South 721 17' 58" East a distance of 286.72 feet; thence Southeasterly and Easterly along said curve a distance of Amended Ordinance No. 7-1991 Page 3 287.39 feet also being along said southern limited access right of way and access control line, to the point of non - tangency of said curve, said point also being the intersection of said southern limited access right of way and access control line and the east line of said Fractional Section 24; thence south 000 43' 00" West a distance of 678.91 feet along said east line of Fractional Section 24 to a railroad spike found in place; thence North 890 22' 28 " West a distance of 399.97 feet to a 3/4-inch iron rod found in place; thence South 000 43' 00" West, parallel with the east line of said Fractional Section 24, a distance of 316.00 feet to a 3/4-inch iron rod found in place; thence North 890 21' 57" West a distance of 30.06 feet; thence South 000 43" 00" West parallel with the east line of said Fractional Section 24, a distance of 37.50 feet to the Point of Beginning and containing 36.022 acres more or less. SECTION 3. That as provided in Articles 35 and 48 of Chapter 154 of the Code of Ordinances, the following described use of the above described property is allowed as a manufacturer's retail outlet mall development unit project. SECTION 4. That as a condition of being granted the special use and as an additional restriction on said use, the following requirements shall hereafter and at all times be met by the owner of said real estate. A. The Special Use site plan and petition shall be marked Exhibit A and made a part of this Ordinance. B. The final approval for the development unit project shall not include any area designated on the Special Use site for future commercial development. A seperate petition shall be required to be submitted and approved for the future development of said areas. C. Prior to the issuance of an Improvement Location Permit, the owner shall dedicate and record all neccessary easements and public right-of-ways. D. Prior to the issuance of an Improvement Location Permit, the construction plans for streets, storm sewers, and drainage detention areas shall be approved by the City Engineer's Office. Also, prior to the issuance of an Improvement Location Permit, the construction plans for sanitary sewers shall be approved by the Richmond Sanitary District. Amended Ordinance No. 7-1991 Page 4 SECTION 5. This Ordinance shall be in full force and effect from and after its passage and approval as by law aquired. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this-�—/Zday off,. 1991.- �:: 4� ,/ O )x�%� President of Common Council ATTEST: //1� City Clerk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this � a'day of`�&lu ,1991. APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this /e a day of , ,1991. Mayor ATTEST: City'CIA k INTER -OFFICE MEMO DATE: January 30, 1991 To: Common Council FROM: Dan Dooley SUBJECT: Ordinance No. 7-1991 COPY TO: Petitioner: Request: New developers are now involved in the Fairground Village Outlet Mall project. This has resulted in changes to the site plan for the project that require Plan Commission and Council approval. The changes are not significant in terms of the overall concept of the project but deal with technical, construction issues. The request is to repeal Ordinance No. 42- 1989 which granted final approval to the original project and to request rezoning from M-2 to M-2SU and special use approval for the project based on the new site plan. Location: 2000 block of Dana Parkway, on the north side. RICHMOND ADVISORY PLAN COMMISSION RICHMOND, INDIANA February 28, 1991 Mrs. Sally Hutton, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 7-1991 Plan Commission Case PC-91-5 Dear Mrs. Hutton, Members of Common Council and Mrs. Merchanthouse: The Richmond Advisory Plan Commission conducted a public hearing on Tuesday, February 26, 1991, on the petition of Thomas R. Raper, owner; requesting to repeal Ordinance No. 42-1989 and also requesting a rezoning from M-2 General Industrial District to M-2SU General Industrial Special Use District and special use authorization for a manufacture's retail outlet mall development unit project, on property located in the 2000 block of Dana Parkway, on the north side. The Common Council granted a rezoning and final approval to the project in question in 1989. Since that time a new developer has become involved in the project which has resulted in the need to amend the original approval. The amendments include reducing the project area from 54 acres to 36 acres and relocating the buildings on the property and reducing the number of future commercial development sites. The Police Department, Fire Department and Sanitary District have reveiwed the petition and no problems have been identified. Twenty-five (25) notices of public hearing were sent to the residents surrounding the site. One (1) notice was returned to the Plan Department in favor of the petition. During the public hearing, no one spoke in opposition to the petition. Ordinance No. 7-1991 Page 2 The Plan Commission discovered that the legal description contained in the Ordinance pending before Council was in error. The Plan Commission voted eight (8) to zero (0) to recommend to Council that Ordinance No. 7- 1991 be amended to include the correct legal description and that said amended Ordinance No. 7-1991 be adopted. A copy of the proposed amended Ordinance is attached. Respectfully submitted, �S Daniel S. Dooley, Executive Secretary Richmond Advisory Plan Commission ORDINANCE NO.7-1991 AN ORDINANCE REPEALING ORDINANCE NO.42-1989 AND AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF PROPERTY LOCATED ON THE NORTH SIDE OF DANA PARKWAY, IN THE 2000 BLOCK, FROM M-2 GENERAL INDUSTRIAL DISTRICT TO M-2 SU GENERAL INDUSTRIAL SPECIAL USE DISTRICT; AND ALSO AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A MANUFACTURER'S RETAIL OUTLET MALL DEVELOPMENT UNIT PROJECT. WHEREAS, the Common Council of the City of Richmond adopted Ordinance No. 42-1989 which rezoned certain property off of Dana Parkway and authorized on said property a manufacture's retail outlet mall development unit project; and, WHEREAS, development plans for manufacture's retail outlet mall have changed to the point that the original approval granted in Ordinance No. 42-1989 by the Common Council of the City of Richmond is nolonger valid for the proposed project; and, WHEREAS, it is the intent and purpose hereof to repeal Ordinance No. 42- 1989 and to adopt this Ordinance to change the zoning classification of said property from M-2 General Industrial District to M-2 SU General Industrial Special Use District and to authorize the special use of said property as a manufacturer's retail outlet mall development unit project; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the day of ,199.1, at which time remonstrances were heard from all parties interested in or affected by this Ordinance; and, WHEREAS, the vote of the Richmond City Plan Commission was to —in favor of/in opposition to recommending the passage of Ordinance No. 7-1991. NOW THEREFORE BE IT ORDAINED BY the Common Council of the City of Richmond, Indiana as follows: SECTION 1. That Ordinance No. 42-1989 is determined to be null and void and is hereby repealed. SECTION 2. That the zoning classification of the property described below, and the same is hereby changed to M-2 SU General Industrial Special Use District, and that said property be regulated in accordance with the Zoning Ordinance of the City of Richmond, Indiana and all amendments thereto. A part of the fractional Section 24, Township 14 North, Range 2 West, Wayne Township, Wayne County, Indiana more particularly described as follows: Ordinance No. 7-1991 Page 2 Commencing at the southeast corner of said Fractional Section 24; thence North 00 degrees 43 minutes East (assumed bearing ) a distance of 1379.45 feet along the eastern line of said fractional section, to an iron rod; thence North 89 degrees 23 minutes West a distance of 400.00 feet, to an iron pipe said iron pipe being the Point of Beginning of this description; thence continuing North 89 degrees 23 minutes West a distance of 30.00 feet, to an iron pipe; thence South 00 degrees 43 minutes West a distance of 628.35 feet parallel with the eastern line of said fractional section to a point located North 89 degrees 07 minutes West a distance of 430.00 feet from an iron rod in the eastern line of said fractional section; thence North 89 degrees 07 minutes West a distance of 1090.61 feet, to a point located South 89 degrees 07 minutes East a distance of 376.29 feet from an iron pipe in the western line of said Fractional Section 24, also being the eastern line of Fractional Section 2, also being the Indian Treaty Line; thence North 00 degrees 43 minutes East a distance of 1850.14 feet, parallel with the eastern line of said Fractional Section 24, to the intersection of the southern right of way line of Interstate Highway Number 70 and the west line of said Fractional Section 24; thence North 79 degrees 22 minutes East a distance of 222.17 feet along said southern right of way line of Interstate Highway Number 70, to the beginning of the southern right of way of the southwest exit ramp of said interstate, said exit ramp also known as Roadway A; thence along the southern right of way of said exit ramp the following five (5) courses and distances: North 88 degrees 21 minutes East a distance of 382.86 feet; South 77 degrees 33 minutes East a distance of 191.05 feet; South 70 degrees 58 minutes East a distance of 264.38 feet; South 67 degrees 58 minutes East a distance of 224.61 feet; South 72 degrees 18 minutes East a distance of 285.43 feet, to an iron pipe in the eastern line of said Fractional Section 24; thence South 00 degrees 43 minutes West a distance of 680.73 feet along the eastern line of said Fractional Section 24, to an iron spike; thence North 89 degres 23 minutes West a distance of 400.00 feet, to an iron rod; thence South 00 degrees 43 minutes West a distance of 316.00 feet, parallel with the eastern line of said Fractional Section 24, to the Point of Beginning of this description and containing 54.503 acres, more of less. Subject to all existing legal right of ways and easements on record. SECTION 3. That as provided in Articles 35 and 48 of Chapter 154 of the Code of Ordinances, the following described use of the above described property is allowed as a manufacturer's retail outlet mall development unit project. Ordinance No. 7-1991 Page 3 SECTION 4. That as a condition of being granted the special use and as an additional restriction on said use, the following requirements shall hereafter and at all times be met by the owner of said real estate. A. The Special Use site plan and petition shall be marked Exhibit A and made a part of this Ordinance. B. The final approval for the development unit project shall not include any area designated on the Special Use site for future commercial development. A seperate petition shall be required to be submitted and approved for the future development of said areas. C. Prior to the issuance of an Improvement Location Permit, the owner shall dedicate and record all neccessary easements and public right-of-ways. D. Prior to the issuance of an Improvement Location Permit, the construction plans for streets, storm sewers, and drainage detention areas shall be approved by the City Engineer's Office. Also, prior to the issuance of an Improvement Location Permit, the construction plans for sanitary sewers shall be approved by the Richmond Sanitary District. SECTION 5. This Ordinance shall be in full force and effect from and after its passage and approval as by law aquired. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this day of , 1991. !:�W Z V President of Common Council ATTEST: City Clerk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this day of ,1991. City Clerk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this day of ,1991. Mayor ATTEST:_ City Clerk DISPOSITION OF ORDINANCE NO. �7 -199 / RESOLUTION NO. -199 by Common Council Ordinance No. 7 Resolution No. _ Elstro Lundy Brookbank Hankinson McBride Parker Morris Paust Hutton Date c2'`/--7/ Susp. rules Ist read Title only ------- - - - - - - - - - - - Seconded Proof of Publicaton ------------------------- Seconded ------ ---------- --------- -------- -------------- ------ ------ Move to 2nd read Seconded ------ --•-- - - - - Engrossment ----------------- V -------- Seconded ------ ---------- --------- -------- -------------- ------------- Susp rules 3rd read -------- -------------- ------ ------ Seconded v Passage a- Gl - ---OR ------- ---------- ------ --------- ------- --------- Rejection d ali Date Passed__ 3 - y — ,?/ COMMITTEE ASSIGNMENTS: Committee_ Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DAT AMENDMENTS: COMMENTS: