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and is hereby repealed.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
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Seconded
Proof of Publicaton
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Seconded
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Move to 2nd read
Seconded
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Engrossment
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Susp rules 3rd read
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Passage
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Rejection d
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Date Passed__ 3 - y — ,?/
COMMITTEE ASSIGNMENTS:
Committee_ Date
Commitee Hearing Date
Reassigned to Council Agenda
PUBLICATION DAT
AMENDMENTS:
COMMENTS: