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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 ----- ------------------- Seconded ------ ✓ --- ----- -------- - - - - - - - ------ Proof of Publicaton ------------------------- Seconded ------ ---------- -- ----- -------- -------------- ------ ------ Move to 2nd read R --- ------------------- Seconded ----------- Engrossment ------------------------- Seconded ------ ---------- --------- -------- -------------- ------ ------ v Susp rules 3rd read ------------------------- ,/ Seconded ------ ---------- --------- -------- ---------------------------- Passage Rejection p Date Passed G " 3 ` 9 / COMMITTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATE AMENDMENTS: COMMENTS: