HomeMy Public PortalAbout021-1991 - REZONING - SOUTHSIDE OF EAST MAIN STREET IN THE 3400AMENDED ORDINANCE NO.21-1991
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 ON THE SOUTH SIDE OF EAST MAIN STREET, IN THE
3400 AND 3500 BLOCK, FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT
AND C-2 COMMERCIAL DISTRICT TO C-2SU COMMERCIAL SPECIAL USE
DISTRICT; AND ALSO AUTHORIZING THE SPECIAL USE OF SAID PROPERTY
AS A COMMERCIAL DEVELOPMENT UNIT PROJECT.
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 hereof to change the zoning
classification of said property from R-2 Single Family
Residence District and C-2 Commercial District to C-2SU
Commercial Special Use District and to authorize the special
use of said property as a commercial development unit
project; and,
WHEREAS, a study of this Ordinance was conducted by the Richmond
Advisory Plan Commission the day 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 was2to_
6L-in favor o recommending the passage of
Amended Ordinance No. 21-1991.
NOW THEREFORE BE IT ORDAINED BY the Common Council of the City of
Richmond, Indiana as follows:
SECTION 1. Tha the zoning classification of the property described
below, and the same is hereby changed to C-2SU Commercial
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.
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
Amended Ordinance No. 21-1991
Page 2
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,
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
Amended Ordinance No. 21-1991
Page 3
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,
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).
Amended Ordinance No, 21-1991
Page 4
SECTION 2. That as provided in Articles 31, 45 and 48 of Chapter 154 of
the Code of Ordinances, the following described use of the
above described property is allowed as a commercial
development unit project.
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 commercial development unit project shall be
developed in accordance with the site plan and petition
approved by the Richmond Advisory Plan Commission. Said
site plan and petition shall be marked Exhibit A and made a
part of the Council Ordinance.
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' as indicated on the approved
special use site plan.
c. The commercial development unit project, as proposed, is
designed and intended to be intergrated with the Wal-Mart
project located immediately to the east. The commercial
development unit project approval shall be subject to the Wal-
Mart project developing as indicated on the special use site
plan. An Improvement Location Permit for the subject
commercial development project shall not be issued until
such time an Improvement Location Permit has been issued
for the Wal-Mart project. Any development proposed that is
contray to the approved special use site plan shall require
the approval of the Plan Commission and Common Council.
d. Highway access to the project shall be subject to the
approval of the Indiana Department of Transportation.
e. Prior to the issuance of an Improvement Location Permit,
the owner shall dedicate and record all neccessary easements.
f. Prior to the issuance of an Improvement Location Permit,
the construction plans for 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,
construction plans for sanitary sewers shall be approved by
the Richmond Sanitary District.
Amended Ordinance No. 21-1991
Page 5
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._day of 1991.
President of Common Council
ATTEST:
City Clerl
PRESENTED by me to the Mayor of the City of Richmond, Indiana,
this_Y�Lday of,1991.
City Cle
APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond,
Indiana, this-2day of 1991.
Mayor
ATTEST:
City Clerk
INTER -OFFICE MEMO
DATE: May 2, 1991
To: Common Council
FROM: Dan Dooley
SUBJECT: Ordinance No. 21-1991
COPY TO:
Petitioner: Charles Lanier, Richmond D & K Company, Inc., and Dorothy
Thorman, et al, owners; Robert Burton, agent.
Request: a rezoning from R-2 and C-2 to C-2SU and also requesting
special use authorization for a commercial development unit project
consisting of 2 buildings, being 49,700 sq. ft., for retail and commercial
use.
Location: on property located in the 3400 and 3500 blocks of East Main
Street, on the south side.
RICHMOND ADVISORY PLAN COMMISSION
RICHMOND, INDIANA
May 30, 1991
Mrs. Sally Hutton, President
Members of Common Council and
Mrs. Mary Merchanthouse, City Clerk
Municipal Building
Richmond, Indiana 47374
Re: Ordinance No. 21-1991
Plan Commission Case PC-91-14
Dear Mrs. Hutton, Members of Common Council and
Mrs. Merchanthouse:
The Richmond Advisory Plan Commission conducted a public hearing on
Tuesday, May 28, 1991, on the petition of Charles Lanier, Richmond D & K
Company, Inc., and Dorothy Thorman, et al, owners; Robert Burton, agent;
requesting a rezoning from R-2 Single Family Residence District and C-2
Commercial District to C-2SU Commercial Special Use District and also
requesting special use authorization for a commercial development unit
project, on property located in the 3400 and 3500 blocks of East Main
Street, on the south side.
The development unit project is proposed to be immediately west of the
location of Wal-Mart Store. The concept of the development unit project
consists of a retail commercial strip center containing approximately
78,670 square feet. If the project and rezoning are approved, the C-2SU
District would allow the full range of uses permitted in the C-2 District,
including various retail and service uses.
The development unit project is designed to be an integral part of the Wal-
Mart project. Cross easements between the projects will be established
to handle access, parking, internal traffic circulation, drainage and
sanitary sewers. A storm water detention area will be located at the
rear of the Wal-Mart Store to serve both projects. An additional detention
area may be required to handle water runoff adjacent to East Main Street.
As Common Council is aware, modifications of the development unit
project requirements and standards were approved when the ordinance
Ordinance No. 21-1991
Page 2
granting preliminary approval was adopted as follows: (a) the required
project area was reduced from 10 acres to 8.9 acres and (b) the minimum
distance a building may be from the project boundary was reduced from
50' to 20' as indicated on the project site plan.
The proposed site plan for final approval of the project has been
modified from the preliminary site plan in 2 instances. The square
footage of the retail space has been increased from approximately
50,000 square feet to approximately 78,670 square feet. This
modification results in the building extending further to the south,
within 265 feet of the rear property line. An additional area along the
west property line will be fenced and landscaped where the building is
adjacent to the property line. Also, the proposed entrance into the
project opposite North 36th Street has been eliminated. The access to
the subject project and the Wal-Mart project will be off of East Main
Street immediately east of the Z-Bart building and off of Elks Road
extended. 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. However, the developer has not completed final
engineering plans for the project.
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. During the public hearing, no one spoke in
opposition to the petition.
The Plan Commission determined that conditions should be imposed on the
project so that an Improvement Location Permit could not be issued until
final engineering plans are completed and approved by the appropriate
agency. Therefore, the Plan Commission voted seven (7) to two (2) to
recommend to Council that Ordinance No. 21-1991 be amended by adding
the following conditions to Section 3 of said Ordinance. The Commission
also voted that upon the inclusion of said conditions that Amended
Ordinance No. 21-1991 be adopted. A copy of the proposed amended
ordinance is attached.
a, The commercial development unit project shall be developed in
accordance with the site plan and petition approved by the Richmond
Advisory Plan Commission. Said site plan and petition shall be
Ordinance No. 21-1991
Page 3
marked Exhibit A and made a part of the Council Ordinance.
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' as indicated on
the approved special use site plan.
c. The commercial development unit project, as proposed, is
designed and intended to be intergrated with the Wal-Mart project
located immediately to the east. The commercial development unit
project approval shall be subject to the Wal-Mart project developing
as indicated on the special use site plan. An Improvement Location
Permit for the subject commercial development project shall not be
issued until such time an Improvement Location Permit has been
issued for the Wal-Mart project. Any development proposed that is
contray to the approved special use site plan shall require the
approval of the Plan Commission and Common Council.
d. Highway access to the project shall be subject to the approval of
the Indiana Department of Transportation.
e. Prior to the issuance of an Improvement Location Permit, the
owner shall dedicate and record all neccessary easements.
f. Prior to the issuance of an Improvement Location Permit,
the construction plans for 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, construction plans for
sanitary sewers shall be approved by the Richmond Sanitary District.
Respectfully submitted,
Daniel S. Dooley7Ltive Secretary
Richmond Advisory Plan Commission
DISPOSITION OF ORDINANCE NO. 21 -199 /
RESOLUTION NO. -199
by Common Council
Ordinance No.,2/
Resolution No.
Elstro
Lundy
Brookbank
Hankinson
McBride
Parker
Morris
Paust
Hutton
Data Y -G _ 91
Susp, rules Ist read
Title only
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Move to 2nd read
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Engrossment
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Susp rules 3rd read
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Seconded
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Passage
Rejection p
Date Passed G " 3 ` 9 /
COMMITTEE ASSIGNMENTS:
Committee Date
Commitee Hearing Date
Reassigned to Council Agenda
PUBLICATION DATE
AMENDMENTS:
COMMENTS: