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Home My Public Portal About010-1991 - REZONING - 3400-3500 BLK EAST MAIN STREET ON THE SOUORDINANCE NO. 10-1991 AN ORDINANCE GRANTING PRELIMINARY APPROVAL TO A COMMERCIAL DEVELOPMENT UNIT PROJECT IN A R-2 SINGLE FAMILY RESIDENCE DISTRICT AND A C-2 COMERCIAL DISTRICT ON PROPERTY LOCATED IN THE 3400 AND 3500 BLOCKS OF EAST MAIN STREET ON THE SOUTH SIDE, PURSUANT TO ARTICLES 45 AND 48 OF CHAPTER 154 OF THE CODE OF ORDINANCES, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA. WHEREAS, the Zoning Map which is a part of Ordinance No. 2325-1968 designates and describes as R-2 Single Family Residence District and C-2 Commercial District the property located on the south side of East Main Street in the 3400 and 3500 blocks; and, WHEREAS, it is the intent and purpose thereof, pursuant to Articles 45 and 48 of the Zoning Ordinance, to grant preliminary approval to a commercial development unit project on the above said property; and, WHEREAS, a study of this Ordinance was conducted by the Richmond Advisory Plan Commission the , dday 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 Advisory Plan Commission was to_ —in favor of/in-opposition recommending the passage of Ordinance No. 10-1991. NOW THEREFORE BE IT ORDAINED BY the Common Council of the City of Richmond, Indiana as follows: SECTION 1. That pursuant to Article 45 and 48 of the Zoning Ordinance, preliminary approval for a Commercial Developement Project on the property described below is hereby granted. Tract A Being part of the Southeast Quarter of Section 34, Township 14 North, Range 1 West, in the City of Richmond, Indiana, more particularly described as follows: Beginning at a point on the present centerline of United States Highway 40, said point being 605.56 feet south 87 degrees and 48 minutes west of the point of intersection of said centerline with the east line of the Southeast Quarter of Section 34, said point of intersection being 851.73 feet north of the southeast corner of said Southeast Quarter, and running thence, from said beginning point, south, parallel to the east line of said Southeast Quarter, 166.85 feet to an iron rod; thence south 87 degrees and 48 minutes west, parallel to the centerline of said United States Highway 40, 192.33 feet to an iron pipe; thence north, parallel to the east line of said Southeast Quarter, 166.85 feet to a point on the centerline of said United States Ordinance No. 10-1991 Page 2 Highway 40; thence north 87 degrees and 48 minutes east, along said centerline, 192.33 feet to the place of beginning, containing an area of 0.74 acres, there being 0.18 acres in the right-of-way of said Highway. Tract B A part of the Southeast Quarter of Section Thirty-four (34), Township Fourteen (14) North, Range One (1) West in the City of Richmond, Indiana, and being more particularly described as follows: Beginning at a point fifty-five (55) rods west of the southeast corner of said section, said point being twenty (20) feet east of an established iron pipe at the southeast corner of Ravinia Park First Addition to the City of Richmond (formerly the intersection of the south line of said section with the east corporation line of The City of Richmond ), and running thence, from said beginning point, east, along the south line of said section, three hundred thirty-eight and five tenths (338.5) feet; thence northwardly eight hundred twenty-nine and five tenths (829.5) feet to a point in the centerline of United States Highway Forty (National Road) at a point by deed record thirty-four and five tenths (34.5) rods west of the east line of said section; thence westwardly, along said centerline, two hundred sixty-three and five tenths (263.5) feet; thence south three hundred sixty-one (361) feet; thence east sixty-five (65) feet; thence south one hundred forty (140) feet; thence west one hundred forty (140) feet; thence south, along the east line of a twenty foot private drive, three hundred fifteen (315) feet to the place of beginning, containing an area of four and ninety three hundredths (4.93) acres, more or less. EXCEPT: Being part of the southeast Quarter of Section 34, Township 14 North, Range 1 West, in the City of Richmond, Indiana, more particularly described as follows: Beginning at a point on the present centerline of United States Highway 40, said point being 605.56 feet south 87 degrees and 48 minutes west of the point of intersection of said centerline with the east line of the Southeast Quarter of Section 34, said point of intersection being 851.73 feet north of the southeast corner of said Southeast Quarter, and running thence, from said beginning point, south, parallel to the east line of said Southeast Quarter, 166.85 feet to an iron rod; thence south 87 degrees and 48 minutes west, parallel to the centerline of said United States Highway 40, 192.33 feet to an iron pipe; thence north, parallel to the east line of said Southeast Quarter, 166.85 feet to a point on the centerline of said United States Highway 40; thence north 87 degrees and 48 minutes east, along said centerline, 192.33 feet to the place of beginning, Ordinance No. 10-1991 Page 3 containing an area of 0.74 acres, there being 0.18 acres in the right-of-way of said Highway. Tract C A part of the southeast quarter of Section thirty four (34), Township fourteen (14) North, Range one (1) West in Wayne County, more particularly described as follows: Beginning at a point twenty (20) feet east and three hundred and fifteen (315) feet north on an established iron pipe in the south line of said Section which pipe is at the intersection of said south line with the east Corporation Line of the City of Richmond, Indiana, thence north parallel with said Corporation Line five hundred and one (501) feet to the center line of the United States Highway Number forty (40) (National Road); thence eastwardly along said center line seventy five (75) feet; thence south parallel with said corporation line, three hundred and sixty one (361) feet; thence east sixty five (65) feet; thence south parallel with said Corporation line, one hundred and forty (140) feet; thence West one hundred and forty (140) feet to the place of beginning, containing an area of one and seven one hundredths (1.07) acres, more or less. Tract D Being a part of the Northeast Quarter of Section 3, Township 13 North, Range 1 West in the City of Richmond, Wayne County, Indiana and being more particularly described as follows: Beginning at an iron rod set on the north line of the Northeast Quarter of said Section 3, being 593.48 feet, south 89 degrees, 51 minutes and 00 seconds west of a copperweld found at the northeast corner of said Northeast quarter and running thence, from said beginning point, south 533.00 feet to an iron rod set; thence south 89 degrees, 51 minutes and 00 seconds west, parallel to the north line of said northeast quarter, 237.62 feet to an iron rod set; thence north 00 degrees, 07 minutes and 40 seconds east, 533.00 feet to an iron rod set on the north line of said Northeast Quarter; thence north 89 degrees, 51 minutes and 00 seconds east, along the north line of said Quarter, 236.44 feet to the place of beginning, containing an area of 2.900 acres (126,337 square feet). SECTION 2. That as a condition of being granted preliminary approval the owner shall at all times comply with the following conditions: A: The commercial development unit project site plan and petition shall be marked Exhibit A and made a part of this Ordinance. Ordinance No. 10-1991 Page 4 B. A modification of the commercial development unit project requirements and standards setforth in Article 45 of the Zoning Ordinance shall be allowed regarding the minimum site area required from 10 to 8.9 acres and regarding the minimum distance a building may be located from the property line from 50' to 20'. SECTION 3. 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 Common Council of the City of Richmond, Indiana, this/.? -(day o1991. President of Common Council ATTEST - City CI PRESENTED by me to the Mayor of the City of Richmond, Indiana, this-.;L,i.Lday off 11991. City Clerk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this., day of f,1991. Mayor ATTEST: City Clerl RICHMOND ADVISORY PLAN COMMISSION RICHMOND, INDIANA March 27, 1991 Mrs. Sally Hutton, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 10-1991 Plan Commission Case PC-91-8 Dear Mrs. Hutton, Members of Common Council and Mrs. Merchanthouse: The Richmond Advisory Plan Commission conducted a public hearing on Tuesday, March 26, 1991, on the petition of Charles Lanier, Richmond D & K Company, Inc., and Dorothy Thorman, et al, owners; Robert Burton, agent; requesting preliminary approval for a commercial development unit project and also requesting modifications of the the requirements and standards of Article 45 of the Zoning Ordinance for a commercial development unit project concerning the minimum project area and minimum distance a building may be located from the property line, on property located in the 3400 and 3500 blocks of East Main Street, on the south side. The project in question will be located immediately west of the proposed Wal-Mart Store. The property is presently zoned R-2 Single Family Residence District and C-2 Commercial District. The project will consist of 2 buildings totaling 49,700 square feet of commercial, retail space. If the project receives preliminary approval, the final approval will require a change in zoning from R-2 and C-2 to C-2SU. The developer has requested two modifications of the requirements for a commercial development unit project found in Article 45 of the Zoning Ordinance. The project design does not comply with the requirements pertaining to minimum project area and to minimum setbacks of buildings from the project boundary. The minimum project area required for the Ordinance No. 10-1991 Page 2 proposed development is 10 acres. The project proposes 8.9 acres. The minimum building setback required for the project is 50'. The project proposes a 20' building setback along the west property line. The project site plan has been reviewed by the Planning Department, the Engineer's Office, the Sanitary District, the Fire Department and Traffic Division of the Police Department. No problems have been identified. The proposed project will have cross easements with Wal-Mart for traffic circulation. Also, sanitary sewer and storm drainage facilities will be shared with the Wal-Mart development. A storm water detention area will be located at the rear of the Wal-Mart Store to serve both projects. Fifteen (15) 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 and four (4) notices were returned to the Plan Department oppossed to the petition. During the public hearing, no one spoke in opposition to the petition. The Plan Commission determined that there is justification to grant the requested modifications of Article 45 of the Zoning Ordinance. The west property line of the project is adjacent to a 20' private drive. Also, the property line will be fenced and landscaped where the building is proposed to be located. The proposed project area is 8.9 acres. However, the project is designed to function as an intergal part of the Wal-Mart project. If these two projects are considered as one, the development unit project requirements are exceeded. Therefore, the Plan Commission voted eight (8) to one (1) to recommend to Council that Ordinance No. 10-1991 be adopted. Respectful) submitted, S- Daniel S. Dooley, Exe utive Secretary Richmond Advisory Plan Commission INTER -OFFICE MEMO DATE: March 14, 1991 To: Common Council FROM: Dan Dooley SUBJECT: Ordinance No. 10-1991 COPY TO: Petitioner: Charles Lanier, Richmond D & K Company, Inc., and Dorothy Thorman, et al, owners; Robert Burton, agent. Request: preliminary approval for a commercial development unit project consisting of 2 buildings, being 49,700 sq. ft., for retail and commercial use; and also requesting modifications of the requirements and standards regarding minimum project area from 10 to 8.9 acres and regarding the minimum distance a building may be from the property line from 50' to 20'. Location: on property located in the 3400 and 3500 blocks of East Main Street, on the south side. DISPOSITION OF ORDINANCE NO. /0 -199 RESOLUTION NO. -199 by Common Council Drdinance No. /D Resolution No. _ Elstro Lundy Brookbank Hankinson McBride Parker Morris Paust Hutton Date 3 Susp. rules Ist read Title only v Seconded Proof of Publicaton yi ��/ ------------------------ Seconded ------ --------- Move to 2nd read Seconded ---- ------ - - -- ---- - -------------- ------ ------ Engrossment '&xI ��t ------ ----- --------- -------- -------- ---------------------------- Seconded 41 urules es 3rd read ruQll-�_-- /- ------ .......................................... Seconded v --------------- Passage - -------- --------- ------- ------- -------- ------- Rejection o Date Passed y "/ --qf COMMITTEE ASSIGNMENTS: Committee l�.c[� Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATE AMENDMENTS: CKeL�ilJil�►t��