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Home My Public Portal About011-1991 - REZONING - 1405 ABINGTON PIKEAMENDED ORDINANCE NO. 11-1991 AN ORDINANCE 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 AT 1405 ABINGTON PIKE, FROM R-1 SINGLE FAMILY RESIDENCE DISTRICT TO R-1 SU SINGLE FAMILY RESIDENCE SPECIAL USE DISTRICT AND AUTHORIZING THE SPECIAL USE OF SAID PROPERTY FOR THE INSTALLATION OF A RADIO BROADCAST TOWER. WHEREAS, the Zoning Map which is a part of Ordinance No. 2325-1968 designates and describes as R-1 Single Family Residence District the property located at 1405 Abington Pike; and, WHEREAS, it is the intent and purpose hereof, to change the zoning classification of said property from R-1 Single Family Residence District to R-1 SU Single Family Residence Special Use District and to authorize the specal use of said property for the installation of a radio broadcast tower; and, WHEREAS, a study of this Ordinance was conducted by the Richmond Advisory Plan Commission the o23`-5�-'day of q,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 o in favor of/in recommending the passage of Amended Ordinance No. 11-1991. NOW THEREFORE BE IT ORDAINED BY the Common Council of the City of Richmond, Indiana as follows: SECTION 1. That the zoning classification of the property described below, and the same is hereby changed to R-1 SU Single Family Residence 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. The Northeast Quarter of Section 7, Township 13, Range 1 West, excepting therefrom the following: Beginning at a point in the east line of said quarter section and 20 feet north of the southeast corner stone and thence west 12.75 rods, thence north 21 3/4 degrees east 311/2 rods; thence north 4 3/4 degrees east 23.4 rods to a point on the east line of said quarter section 51.84 rods north of the south east corner thereof; thence south along the quarter section line 51.84 rods to the place of beginning, containing 1.55 acres, more or less. Being the same real estate as was conveyed to Alpheus Test by Deed recorded in Deed Record 25, Page 14 of the Records in the Office of the Recorder of Wayne County, Indiana, EXCEPTING ALSO the following described real estate: Beginning at a point on the south line of said quarter section 44 rods, east of the southwest corner there; thence north 73 Amended Ordinance No. 11-1991 Page 2 1/2 degrees east 2.3 rods; thence north 46 degrees 31 minutes east 11.72 rods; thence south 44 degrees east 4.16 rods; thence south 73 degrees east 27.86 rods to a point in the south line of said quarter section 73.5 rods west of the southeast corner of said quarter section; thence west along the quarter section line 26.5 rods to the place of beginning. Being the same real estate as was conveyed to Morton Meek by deed recorded in Deed Record 32, Page 163 of the Records in the Office of the Recorder of Wayne County, Indiana, containing in all, exclusive of said exceptions 157 acres, more or less. Subject to all legal highways. SUBJECT to the right of Oliver Test to take water from the spring through pipe as now taken." SECTION 2. That as provided in Articles 20 and 48 of Chapter 154 of the Code of Ordinances, the following described use of the above described property is allowed for the installation of a radio broadcast tower. SECTION 3. 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. SECTION 4. 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�uday of 1991. President of Common Council ATTEST:_ City CI rk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this—LLday of 11991. APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this�day of??� 1991. Mayor ATTEST: City Cle c INTER -OFFICE MEMO DATE: March 27, 1991 To: Common Council FROM: Dan Dooley SUBJECT: Ordinance No. 11-1991 COPY TO: Petitioner: Earlham College, owner; William Mullin, agent. Request: rezoning from R-1 to R-1 SU and special use authorization to install a 199' radio broadcast tower. Location: 1405 Abington Pike. RICHMOND ADVISORY PLAN COMMISSION RICHMOND, INDIANA May 2, 1991 Mrs. Sally Hutton, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 11-1991 Plan Commission Case PC-91-10 Dear Mrs. Hutton, Members of Common Council and Mrs. Merchanthouse: The Richmond Avisory Plan Commission conducted a public hearing on Tuesday, April 23, 1991, on the petition of Earlham College, owner, William Mullin, agent requesting a rezoning from R-1 Single Family Residence District to R-1SU Single Family Residence Special Use District and also requesting special use authorization for the installation of a radio broadcast tower on property located at 1405 Abington Pike. Earlham College plans to construct new dormitorys on campus which make the relocate of the College F.M. radio broadcast tower necessary. The radio tower is proposed to be relocated to the Miller Farm located on Abington Pike. The tower is 299 feet tall and will be located at a point approximately 150 feet from Abington Pike and 500 feet from Test Road. The Richmond Sanitary District, the Traffic Division of the Police Department and the Fire Department have reviewed the petition and have not identified any concerns. Prior to the installation of the tower, the College will be required to secure tall structure approvals through the Indiana Department of Transportation, Aviation Division and the Federal Aviation Administration. Fourteen (14) notices of public hearing were sent to the residents surrounding the site. One (1) notice was returned to the Plan Department not oppossed to the petition. During the public hearing, one (1) person Ordinance No. 11-1991 Page 2 spoke in opposition to the petition citing concerns about the College using the farm to dump building material. The Plan Commission determined that the legal description in Ordinance 11-1991 should be amended. (A copy of the proposed Amended Ordinance is attached.) The Plan Commission also determined that the petition complies with the requirements of the Zoning Ordinance. Therefore, the Commission voted seven (7) to zero (0) to recommend to Council that Amended Ordinance No. 11-1991 be adopted. Respectfully submitted, Daniel S. Dooley, xecutive Secretary Richmond City Plan Commission DISPOSITION OF ORDINANCE NO. " -199 / RESOLUTION NO. -199 by Common Council Drdinance No. / / Resolution No. _ Elstro Lundy Brookbank Hankinson McBride Parker Morris Paust Hutton Date i/ -� l Susp. rules Ist read Title only ------------------------- Seconded ------ ---------- --------- -------- ------------- - ------ ------ Proof of Publicaton %% ------------------------ Seconded ----- --------- -f-- ------- ------- ------ ------ ------ Move to 2nd read ----- -- ---- -------------- Seconded ------ - - -------- -------------- ------ ------ Engrossment v ------------------------- Seconded ------ .....................................................------ v Susp rules 3rd read Seconded Passage tr c_ c_ cr y --- -- ---0 R ------- ----- ----------- ------- ------ Rejection D 1 1 El Date Passed �5- - 6 - `1 / COMMITTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATE AMENDMENTS::: 0 COMMENTS: