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Home My Public Portal About040-1991 - ORDINANCE AMENDING CHAP 154 OF THE MUNICIPAL CODE BEAMENDED ORDINANCE NO.40-1991 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 1800 BLOCK OF SOUTH L STREET, ON THE SOUTH SIDE, FROM R-2 SINGLE FAMILY RESIDENCE 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 the property located in the 1800 block of South L Street, on the south 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 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 �l day of ,1991, at which time remonstrances were heard from all arties interested in or affected by this Ordinance; and, WHEREAS, the vote of the Richmond Advisory Plan Commission was 7 to O in favor of/' W two recommending the passage of Amended Ordinance No. 40-1991. 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 the Northeast Quarter of Section 9, Township 13 North, Range 1 West in the City of Richmond, Wayne County, Indiana, and being more particularly described as follows: Beginning at a point on the North line of said section North 89 degrees 13 minutes 00 seconds East 763.54 feet from the Northwest corner of said section; thence continuing North 89 degrees 13 minutes 00 seconds East along said north line 412.78 feet; thence South 0 degrees 03 minutes 05 seconds East 354.66 feet; thence South 89 degrees 13 minutes 00 seconds West 412.64 feet; thence North 0 degrees 01 minutes 25 seconds West 354.65 feet; to the point of gebinning and containing 3.36 acres, more or less. Amended Ordinance No. 40-1991 Page 2 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 Plan Commission. Said site and landscape plan and petition shall be marked Exhibit A and made a part of this 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 8.5 acres. c. Street access to the project shall be subject to the approval of the Richmond Board of Public Works and Safety. d. 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. e. Prior to the issuance of an Improvement Location Permit, the owner shall dedicate and record all neccessary easements. f. The final approval of the commercial development unit project shall be for Phase 1 only. The development of all future phases shall require the approval of the Plan Commission and Common Council. g. The approval of the commercial development unit project shall be subject to the vacation and/or relocation of the dedicated right-of-way extending east off of South 18th Street. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval as by law required. Amended Ordinance No. 40-1991 Page 3 PASSED AND AgOPTED by the Common Council of the City of Richmond, Indiana, this' day off; 1991. -Is- 04� President of Common Council ATTEST: City Cle k PRESENTED by me to the Mayor of the City of Richmond, Indiana, this:: day of t 1991. City Clerk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this �d day of S-,g t' 1991. /66;;� Mayor ATTEST: City Clerk INTER -OFFICE MEMO DATE: August 1, 1991 To: Common Council FROM: Dan Dooley RICHMOND ADVISORY PLAN COMMISSION RICHMOND, INDIANA August 30, 1991 Mrs. Sally Hutton, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 40-1991 Plan Commission Case PC-91-20 Dear Mrs. Hutton, Members of Common Council and Mrs. Merchanthouse: The Richmond Advisory Plan Commission conducted a public hearing on Tuesday, August 27, 1991, on the petition of MP Realty Group, owner; Freeman Planning and Design, agent; requesting a rezoning from R-2 Single Family Residence District to C-2SU Commercial Special Use District, and also requesting special use authorization for Phase 1 of a commercial development unit project on property located in the 1900 block of South L Street, on the south side. As the Common Council is aware, the development unit project process involves a 2 step proceedure. The Common Council granted preliminary approval to the subject project in January 1990. The preliminary approval granted also included a modification of requirements and standards regarding the required minimum project area from 10 acres to 8.5 acres. The overall concept of the approved development unit project consists of 3 buildings totaling 51,000 square feet of commercial, retail space to be developed off of both sides of the newly constructed Southl8th Street and immediately north of the 100 unit Prestwick residential development unit project. The developer is proposing to accomplish the project in Phases. The ORDINANCE NO. 40-1991 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 1800 BLOCK OF SOUTH L STREET, ON THE SOUTH SIDE, FROM R-2 SINGLE FAMILY RESIDENCE 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 the property located in the 1800 block of South L Street, on the south 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 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. 40-1991. 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 the Northeast Quarter of Section 9, Township 13 North, Range 1 West in the City of Richmond, Wayne County, Indiana, and being more particularly described as follows: Beginning at a railroad spike found on the north line of the Northeast Quarter of said Section 9, said point being 180.00 feet north 89 degrees, 13 minutes, and 00 seconds east of a P.K. nail set at the northwest corner of said Northeast Quarter, and running thence, from said beginning point, continuing north 89 degrees, 13 minutes, and 00 seconds east (assuming that the south line of said Northeast Quarter runs east and west), along the north line of said Northeast Quarter, 996.32 feet to a railroad spike found on said north line; thence south 00 degrees, 01 minute and 25 seconds east, Ordinance No. 40-1991 Page 2 parallel to the east line of said Northeast Quarter, 404.66 feet to an iron rod set; thence south 89 degrees, 13 minutes, and 00 seconds west, parallel to the north line of said Northeast Quarter, 996.13 feet to an iron rod set; thence north 00 degrees, 03 minutes, and 05 seconds west, parallel to the west line of said Northeast Quarter, 404.66 feet to the place of beginning, containing an area of 9.254 acres, there being 0.705 acres in the right-of-way of South "L" Street, and leaving a net area of 8.549 acres. 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 modification of the 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 8.5 acres. c. Consideration of the request to vacate the undeveloped right-of-way running east of South 18th Street; and the determination of the location of the proposed building in the project, in relation to said right -of way, shall be decided as a part of the final development unit project approval. d. 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. e. Prior to the issuance of an Improvement Location Permit, the owner shall dedicate and record all necessary easements and right-of-ways. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval as by law required. Ordinance No. 40-1991 Page 3 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. VO -199`( RESOLUTION NO. -199 by Common Council Ordinance No. T O Resolution No. _ Elstro Lundy Brookbank Hankinson McBride Parker Morris Paust Hutton Date_k --�7 — 1 Susp. rules Ist read Title only --------------- - Seconded - - - - — Proof of Publicaton ------------------------- Seconded ------ ---------- --------- -------- -------------- ------ ------ Move to 2nd read Seconded Engrossment ------------------------- Seconded ------ ---------- ,! --------- -------- -------------- ------ ------ Susp rules 3rd read Seconded Passage C-- ------ •--O R- ---------- ------ ----------- ---- -- - ------- ------- --------A Rejection Date Passed 9 —/4 -- ,I / COMMITTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION AMENDMENTS: COMMENTS: