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Home My Public Portal About037-1991 - ORDINANCE AMENDING CHAP 154 OF THE MUNICIPAL CODE PRAMENDED ORDINANCE NO. 7-1 91 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 IN THE 2400 AND 2500 BLOCKS OF CHESTER BOULEVARD, ON THE EAST SIDE, FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT AND A 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 in the 2400 and 2500 blocks of Chester Boulevard, on the east side; 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 conduc�pd by the Richmond Advisory Plan Commission the Z day of ,1991, at which time remonstrances were heard from 1 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/i recommending the passage of Amended Ordinance No. 37-1991. 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 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. 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 Amended Ordinance No. 37-1991 Page 2 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 27 and the west line of the Northwest Quarter, North no degrees forty-eight minutes no seconds (00048'00") 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 (891112'00") 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 (891112'00") East for three hundred twelve and 89/100 (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 (00048'00") East for three hundred ninety-nine and 35/100 (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 (55101'00") 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 Amended Ordinance No. 37-1991 Page 3 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 (00148'56") West for one thousand six hundred sixty-six and 27/100 (1666.27) feet to a 1" pipe found at the southeast 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 (87057'19") 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 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 and landscape plan and petition approved by the Department of Planning, Permits and Inspections. Said site and landscape plan and petition shall be marked Exhibit A and made a part of this Ordinance. b. A combination bermed or landscaped buffer area shall be established along the Meijer property boundaries that are contiguous to the Indiana University East property boundaries at those locations indicated on the Exhibit A, site and landscape plan. All existing trees indicated to be saved on Amended Ordinance No. 37-1991 Page 4 the site plan shall remain on the property. Trees to be planted on the site shall be in the number, size and variety as indicated on the site and landscape plan. The buffer area shall be continously maintained to ensure an effective visual screen from the Indiana University East Campus. All dead trees shall be promptly replaced with live trees of the same or improved variety. 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. f. Landscaping shall be required along the front of the Meijer property bordering Chester Boulevard at those locations indicated on the Exhibit A, site and landscape plan. g. Highway access to the project shall be subject to the approval of the Indiana Department of Transportation. h. 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. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval as by law required. PASSED AND ADOPTE by the Common Council of the City of Richmond, Indiana, this ay of 1991.\,,,,� President of Common Council ATTEST: 2?22 u,,� City C Amended Ordinance No. 37-1991 Page 5 PRESENTED by me to the Mayor of the City of Richmond, Indiana, thisZday o,1991. IN I w"'twel Hi APPROVED by me, FrankH. ermann, Mayor of the City of Richmond, Indiana, this_ _7d day of ,1991. Mayor ATTEST:/r/...+."C City Clerk RICHMOND ADVISORY PLAN COMMISSION RICHMOND, INDIANA August 2, 1991 Mrs. Sally Hutton, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 37-1991 Plan Commission Case PC-91-19 Dear Mrs. Hutton, Members of Common Council and Mrs. Merchanthouse: The Richmond Advisory Plan Commission conducted a public hearing on Tuesday, July 23, 1991, on the petition of Diana Jaffe and Animal Hospital of Richmond, Inc., owners; John Schook, 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 2400 and 2500 blocks of Chester Boulevard, on the east side. The petition is requesting a rezoning and final 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 design of the project does comply with the requirements for a commercial development unit project found in Article 45 of the Zoning Ordinance. The design of the project also complies with the conditions established in Amended Ordinance No. 29-1991 which granted preliminary approval to the project. The petition indicates that the developer will install a traffic light at the entrance to the project opposite Locust Drive and will widen Chester Boulevard to 6 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 pond. Ordinance No. 37-1991 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. No problems have been identified. Fourteen (14) notices of public hearing were sent to the property owners surrounding the site. Four (4) 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 indicating that the concerns of the University have been adequately addressed. The Plan Commission determined that the project site and landscape plan needs to be revised to reflect the final plan approved by the Commission. The Commission indicated that said site and landscape plan should be reviewed and approved by the Plan Department before Common Council grants final approval to the project. The Plan Department has not received the final plan as of this date. However, the Department will have the revised site and landscape plan prior to the Council meeting. The final plan will also be presented to Council during the public hearing. The Plan Commission also determined that additional conditions regulating the project were needed. Therefore, the Plan Commission voted seven (7) to zero (0) to recommend to Council that Ordinance No. 37- 1991 be amended by adding certain conditions to Section 3 of said Ordinance. The Commission also voted that upon the amendment of Ordinance No. 37-1991, the Ordinance be adopted. A copy of the proposed amended Ordinance is attached. espectful bmitted, S' Daniel S. Dooley, Exec tive Secretary Richmond Advisory Plan Commission ORDINANCE NO. 37-1991 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 IN THE 2400 AND 2500 BLOCKS OF CHESTER BOULEVARD, ON THE EAST SIDE, FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT AND A 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 in the 2400 and 2500 blocks of Chester Boulevard, on the east side; 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 was to _ in favor of/in opposition to recommending the passage of Ordinance No. 37-1991. 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 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. 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 sand and in centerline of U.S. Highway 27 and Ordinance No. 37-1991 Page 2 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 27 and the west line of the Northwest Quarter, North no degrees forty-eight minutes no seconds (00048'00") East for nine hundred forty-one and 681100 (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 (89012'00") 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 (00052'03") 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 89/100 (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 35/100 (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 (551101'00") 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 (58124'05") 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 Ordinance No. 37-1991 Page 3 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 (00048'56") West for one thousand six hundred sixty-six and 27/100 (1666.27) feet to a 1 " pipe found at the southeast 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 (87157'19") 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 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 this Ordinance. b. A bermed landscaped and well maintained buffer zone shall be established along Meijer property boundaries that are contiguous to the Indiana University East property boundaries. Ordinance No. 37-1991 Page 4 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. 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, 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 N0..3 % -199 / RESOLUTION NO. -199 by Common Council Ordinance No,97 Resolution No. _ Elstro Lundy Brookbank Hankinson McBride Parker Morris Paust Hutton Date-7 "/S" 9/ Susp. rules Ist read Title only %L�__ ---------- ------ ---------- --------- -------- -------------- ------ ------ Seconded v Proof of Publicaton --------------------- Seconded -- - -- ---------- — --- ------- -------------- ------ ----- Move to 2nd read Li Seconded - --- - - - ---- -------- ------ ------ ------ Engrossment ------------------------- v ------ ---------- Seconded v --------- -------- -------------- ------ ------ Susp rules 3rd read ------------------------- ------ v ---------- --------- -------- Seconded ------------- I ------ ------ t� Passage V c ------ ---O R ------- ---------- -------------------- -------------------------------- Rejection /7 Date Passed COMMITTEE ASSIGNMENTS: Committee t",f�Date Commitee Hearing Date3 —1�1/ Reassigned to Council Agenda PUBLICATION DA AMENDMENTS: V COMMENTS: