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Home My Public Portal About029-1991 - ORDINANCE GRANTING PRELIMINARY APPROVAL TO A COMMERCAMENDED ORDINANCE NO.29-1991 AN ORDINANCE GRANTING PRELIMINARY APPROVAL TO A COMMERCIAL DEVELOPMENT UNIT PROJECT IN A R-2 SINGLE FAMILY RESIDENCE DISTRICT AND A C-2 COMMERCIAL DISTRICT ON PROPERTY LOCATED IN THE 2400 AND 2500 BLOCKS OF CHESTER BOULEVARD, ON THE EAST 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 in the 2400 and 2500 blocks of Chester Boulevard, on the east side; 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 qgSei� day o,1991, at which time remonstrances were heard from II parties interested in or affected by this Ordinance; and, WHEREAS, the vote of the Richmond Advisory Plan Commission was 2 to O in favor of ' recommending the passage of Amended Ordinance No. 29-1991. 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. Located in Section 21, Town 14 North, Range 1 West, City of Richmond, County of Wayne, State of Indiana, and being all of the tract of land conveyed to Diana Jaffe as recorded in Deed Book 449, Page 475, and all of the tract of land conveyed to the Animal Hospital of Richmond Inc., as recorded in Deed Book 352, Page 437, references found in the Deed Records of Wayne County, Indiana, said parcel of land being more particularly described as follows: Beginning at a cross set at the southwest corner of said Animal Hospital land and in centerline of U.S. Highway 27 and the west line of the Northwest Quarter of said section 21, said cross being located North no degrees forty-eight minutes no seconds (00048'00") East a distance of three hundred forty- seven and 99/100 (347.99) feet from an iron pin found in concrete at the southwest corner of the Northwest Quarter of said Section 21; thence along the centerline of U.S. Highway Amended Ordinance No. 29-1991 Page 2 27 and the west line of the Northwest Quarter, North no degrees forty-eight minutes no seconds (00°48'00") East for nine hundred forty-one and 68/100 (941.68) feet to a pk nail set at the southwest corner of a tract of land conveyed to the 7373 Corporation as recorded in Deed Book 448, Page 35 in the Deed Records of Wayne County, Indiana; thence along the south line of said 7373 Corporation land, South eighty-nine degrees twelve minutes no seconds (89112'00") East for two hundred eighty-seven and 23/100 (287.23) feet to a 5/8" iron pin set at the southeast corner thereof; thence along the east line of said 7373 Corporation land, North no degrees fifty-two minutes three seconds (00°52'03") East for fifty-four and 00/100 (54.00) feet to a 5/8" iron pin set in the south line of a tract of land conveyed to Indiana Partners One, and Indiana Partnership as recorded in Deed Book 438, Page 441 in the Deed Records of Wayne County, Indiana; thence along the south line of said Indiana Partners One land, South eighty-nine degrees twelve minutes no seconds (89012'00") East for three hundred twelve and 891100 (312.89) feet to a 5/8" iron pin found at the southeast corner thereof; thence along the east line of said Indiana Partners One land, North no degrees forty- eight minutes no seconds (00°48'00") East for three hundred ninety-nine and 351100 (399.35 feet to a 5/8" iron pin found at the northeast corner thereof, said iron pin being in the south right-of-way line of Cart Road; thence along the south right-of-way line of Cart road for the following three courses: on a curve to the left with a radius of eight hundred fifty- eight and 51/100 (858.51) feet for an arc distance of two hundred thirty-seven and 01/100 (237.01) feet, [long chord bearing North fifty-five degrees one minute no seconds (55°01'00") East for two hundred thirty-six and 26/100 (236.26) feet, central angle of said curve being fifteen degrees forty-nine minutes five seconds (15049'05')] to a 5/8"iron pin set; thence North forty-seven degrees eight minutes no seconds 47008'00") East for one hundred seventy-three and 96/100 (173.96) feet to a 5/8" iron pin set; thence on a curve to the right with a radius of nine hundred fourteen and 93/100 (914.93) feet for an arc distance of three hundred sixty and 08/100 (360.08) feet, [long chord bearing North fifty-eight degrees twenty-four minutes five seconds (58024'05") East for three hundred fifty-seven and 76/100 (357.76) feet, central angle of said curve being twenty-two degrees thirty- two minutes fifty-eight seconds (22032'58")] to a 1" pipe found at the northwest corner of a tract of land conveyed to the Trustees of Indiana University as recorded in Deed Book 371, Page 55 in the Deed Records of Wayne County, Indiana; thence along the west line of said Indiana University land, South no degrees forty-eight minutes fifty-six seconds (001148'56") West for one thousand six hundred sixty-six and 27/100 (1666.27) feet to a 1" pipe found at the southeast Amended Ordinance No. 29-1991 Page 3 corner of the aforementioned Diana Jaffe land; thence along the south line of said Jaffe land, North eighty-seven degrees fifty-seven minutes nineteen seconds (87157'19") West for six hundred fifty-nine and 54/100 (659.54) feet to a 5/8" iron pin set at the northeast corner of the aforementioned Animal Hospital land; thence along the east line of said Animal Hospital land, south no degrees forty-eight minutes no seconds (00048'00") West for two hundred five and 20/100 (205.20) feet to a 5/8" iron pin found at the southeast corner thereof; thence along the south line of said Animal Hospital land, North eighty-seven degrees fifty-seven minutes nineteen seconds (87057'19") West for five hundred sixty and 05/100 (560,05) feet to the point of beginning, containing thirty-three and 858/1000 (33.858) acres, more or less, subject however to all covenants, conditions, restrictions, reservations, and easements, contained in any instrument of record pertaining to the above described tract of land. Subject more specifically to the right-of-way for U.S. Highway No. 27 granted to the State Highway Department of Indiana containing no and 897/1000 (0.897) acres, more or less, leaving a net area of thirty-two and 961/1000 (32.961) acres, more or less. 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 '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 this Ordinance. b. A bermed extensively landscaped and well maintained buffer zone shall be established along Meijer property boundaries that are contiguous to the Indiana University East property boundaries. c. The dimensions and the location of the Meijer pylon signs shall not overshow or negatively impact the Indiana University East Campus entrance signage. d. The location of the Meijer deceleration lane and entrance to the convenience store, gas station and loading dock shall not create a hazardous situation at the Indiana University East Campus entrance. e. The distance between the convenience store, gas station and Indiana University East property boundary shall be at least 150 feet. Amended Ordinance No. 29-1991 Page 4 f. Landscaping shall be required along the front of the Meijer property bordering Chester Boulevard. 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, thisL4t_day of 1991. 7-7 e_c�—�� President of Common Council ATTEST: City CIA PRESENTED by me to the Mayor of the City of Richmond, Indiana, this L4. day of ,1991. City APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this 3, P day ofU -0-1991. Mayor ATTEST: r City CI rk RICHMOND ADVISORY PLAN COMMISSION RICHMOND, INDIANA June 26, 1991 Mrs. Sally Hutton, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No, 29-1991 Plan Commission Case PC-91-17 Dear Mrs. Hutton, Members of Common Council and Mrs. Merchanthouse: The Richmond Advisory Plan Commission conducted a public hearing on Tuesday, June 25, 1991, on the petition of Diana Jaffe and Animal Hospital of Richmond, Inc., owners; John Schook, agent; requesting preliminary approval for a commercial development unit project on property located in the 2400 and 2500 blocks of Chester Boulevard, on the east side. The petition is requesting preliminary approval for a commercial development unit project to permit the construction of a Meijer's Department store, containing approximately 189,000 square feet, and a service station and convienience store. The property in question consists of 2 parcels. One being the present Richmond Animal Hospital, which is zoned C-2. The other parcel is a vacant tract of approximately 30 acres that is zoned C-2 and R-2. The subject property shares a property line with Indiana University East on 2 sides and has frontage on Chester Boulevard and Cart Road. 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 design of the project does comply with the requirements for a commercial development unit project found in Article 45 of the Zoning Ordinance. The petition indicates that the developer is proposing to install landscape buffers along the property line adjoining IU East. Also, the developer will install a traffic light at the entrance to the project opposite Locust Drive and will widen Chester Boulevard to 5 lanes along the project's frontage. These improvements have been tentatively approved by the State. Storm drainage is proposed to be handled on the site with a storm water detention pond. Ordinance No. 29-1991 Page 2 Representatives of the Planning Department, City Engineer's Office, Richmond Sanitary District, Richmond Fire Department, Traffic Division of the Police Department and Indiana Department of Transportation have met with the developer and discussed the project. Sewer and water facilities are available at appropriate capacities to serve the project. Twelve (12) notices of public hearing were sent to the property owners surrounding the site. Five (5) notices were returned to the Planning Department in favor of the petition. During the public hearing, Charles Nelms, Chancellor, Indiana University East, spoke to the Commission regarding the importance of the proper approach being used for the development of the area adjacent to Chester Boulevard and how such development would impact the University. He also discussed the master plan for the University campus and related five concerns the University had about the proposed project. The Plan Commission considered the fact that the property in question is located in an area designated by the Comprehensive Plan as a special area, whose development is strategically important to the whole community. The property possess unique locationai characteristics such as frontage on 1-70, proximity to one of only four 1-70 Interchanges serving the community, i.e. a gateway to the City, access off of the City's principle north -south thoroughfare. The Commission also considered the information presented by Chancellor Nelms. The Plan Commission determined that the five conerns identified by Chancellor Nelms should be incorporated into Ordinance 29-1991 as conditions. In addition, the legal description presently written in the Ordinance needs to be corrected. Therefore, the Plan Commission voted seven (7) to zero (0) to recommend to Council that Ordinance No. 29-1991 be amended by correcting the legal description and adding conditions to Section 3 of said Ordinance. The Commission also voted that upon the amendment of Ordinance No. 29-1991, the Ordinance be adopted. A copy of the proposed amended ordinance is attached. Respectf Ily submitted, LS. Dooley, xecutive Secretary Richmond Advisory Plan Commission INTER -OFFICE MEMO DATE: May 30, 1991 To: Common Council FROM: Dan Dooley SUBJECT: Ordinance No. 29-1991 CtISTaWL *11 Petitioner: Diane Jaffe and the Animal Hospital of Richmond, Inc., owners; Woolpert Consultants, agent. Request: requesting preliminary approval for a commercial development unit project in a R-2 and C-2 Zoning District consisting of approximately 200,000 sq. ft. of retail space for a Meijer's department store. Location: 2400 and 2500 blocks of Chester Boulevard, on the east side. ORDINANCE NO. 29-1991 AN ORDINANCE GRANTING PRELIMINARY APPROVAL TO A COMMERCIAL DEVELOPMENT UNIT PROJECT IN A R-2 SINGLE FAMILY RESIDENCE DISTRICT AND A C-2 COMMERCIAL DISTRICT ON PROPERTY LOCATED IN THE 2400 AND 2500 BLOCKS OF CHESTER BOULEVARD, ON THE EAST 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 in the 2400 and 2500 blocks of Chester Boulevard, on the east side; 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 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 was to _ in favor of/in opposition to recommending the passage of Ordinance No. 29-1991. 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. Being part of the Northwest Quarter of Section 21, Township 14 North, Range 1 West in the City of Richmond, Wayne County, Indiana. 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 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 this Ordinance. SECTION 3. This Ordinance shall be in full force and effect from and after its passage and approval as by law required. Ordinance No. 29-1991 Page 2 PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this day of , 1991. ATTEST: City Clerk President of Common Council 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. a `� -199 RESOLUTION NO. -199 by Common Council Ordinance No..� I Resolution No. _ Elstro Lundy Brookbank Hankinson McBride Parker Morris Paust Hutton Date & "3 -"I / Susp. rules Ist read Title only ...---- - Seconded - --- Proof of Publicaton -------------- ---- Seconded ------- ------ ---------- ----------------------------------------------- Move to 2nd read ------------------------- Seconded ------ ---------- --------- -------- -------------- ------ ------ Engrossment ------------------------- Seconded ------ ---------- --------- -------- --------------------- Susp rules 3rd read v ------------------------- Seconded ------ ---------------------------------- Passage L�_ - ----OR ------- ---------- ----------- --------- ------- ------- -- ------ ------- Rejection Date Passed 7 — / - ZT COMMITTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: � �LVL41Q4M