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Home My Public Portal About056-1990- ZONING - SOUTHSIDE OR EAST MAIN STREET IN THE 2500BLKORDINANCE NO. 56-1990 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 2500 BLOCK, FROM R-3 ONE TO EIGHT FAMILY RESIDENCE DISTRICT TO C-1 SU LIMITED 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-3 One to Eight Family Residence District the property located on the south side of East Main Street in the 2500 block; and, WHEREAS, it is the intent and purpose hereof, to change the zoning classification of said property from R-3 One to Eight Family Residence District to C-1 SU Limited Commercial Special Use District and to authorize the specal use of said property as a commercial development unit project; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the day of Sept ,1990, at which time remonstrances were heard from all parties interested in or affected by this Ordinance; and, WHEREAS, the vote of the Richmond City Plan Commission was,-1-to a in favor of/ ecommending the passage of Ordinance No. 56-1990. 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-1 SU Limited 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 southwest quarter of Section 34, Township 14 North, Range 1 West, City of Richmond, Wayne County, Indiana, being part of the land conveyed to David L. Jetmore, M.D. Inc. by deed recorded in Deed Book 452, page 185 of the Wayne County Deed Records, being part of the dedicated roadway Foxboro Court, and being more particularly described as follows: Beginning at the Southwest Corner of Said Section 34; thence by deed record, North for 70.62 feet and East for 1211.95 feet to an iron pin found in a south line of the said Jetmore land and at the true point of beginning of the tract hereinafter described; thence South 89 degrees 39 minutes 55 seconds West for 14.24 feet to an iron pipe found; thence North 89 degrees 34 minutes 44 seconds West for 328.70 feet to a point in the west line of Foxboro Manor Ordinance No. 56-1990 Page 2 Subdivision and its northwardly extension, North 5 degrees 39 minutes 20 seconds East for 235.00 feet; thence South 88 degrees 40 minutes 00 seconds East for 168.61 feet to a point in the west right-of-way line of Glen Miller Parkway; thence with the west right-of-way line of Glen Miller Parkway, North 5 degrees 39 minutes 00 seconds East for 184.82 feet to a point; thence continuing with the west right -of-way line of Glen Miller Parkway on a curve to the left for an arc distance of 41.23 feet to a point, said curve having a radius of 225.00 feet, a central angle of 10 degrees 30 minutes 00 seconds, and whose long chord bears North 0 degrees 24 minutes 00 seconds East for 41.18 feet; thence continuing with the west right-of-way line of Glen Miller Parkway, North 4 degrees 51 minutes 00 seconds West for 62.03 feet to a point; thence continuing with the west right -of-way line of Glen Miller Parkway on a curve to the left for an arc distance of 31.42 feet to a point in the south right -of -way line of East Main Street, said curve having a raidus of 20.00 feet, a central angle of 90 degrees, 00 minutes 00 seconds, and whose long chord bears North 49 degrees 51 minutes 00 seconds west for 28.28 feet; thence with the South right-of-way line of East Main Street, South 85 degrees 9 minutes 00 seconds West for 155.88 feet to a point in the west line of the said Jetmore land; thence with the west line of said Jetmore land North 5 degrees 39 minutes 20 seconds East for 40.68 feet to a point in the centerline of East Main Street, North 85 degrees 9 minutes 00 seconds East for 351.41 feet to the northeast corner of the said Jetmore land; thence with the east line of the said Jetmore land and with the west right-of-way line of South 26th Street, South 0 degrees 47 minutes 45 seconds West for 586.89 feet to an iron pipe found; thence North 88 degrees 58 minutes 10 seconds West for 53.92 feet to the point of beginning; and containing 3.773 acres. SECTION 2. That as provided in Articles 30, 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 Development Unit Project site plan and petition shall be marked exhibit A and made a part of this Ordinance. B. The owner shall make a written commitment, which has been determined by the City Attorney to be legally binding on Ordinance No. 56-1990 Page 3 the owner and future owners of the property, to limit and restrict the use of the buildings and premises within the commercial development unit project to general office use only and to require that the curb cut serving the existing Forest Park Building off of East Main Street be closed upon the completion of Glen Miller Parkway. C The owner shall submit a form of surety satisfactory to the Richmond City Plan Commission to guarantee the construction of all public improvements within the commercial development unit project. D. The proposed Glen Miller Parkway, within the commercial development unit project, shall be constructed in accordance with the City of Richmond's standard street specifications. E The proposed Glen Miller Parkway, within the commercial development unit project, shall not be completed and connected as a through street between East Main Street and Southeast Parkway until the reconstruction of East Main Street is completed. SECTION 4. 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, thisLday off, 1990. Pr ident of C on douncil ATTEST: .- City Clerl PRESENTED by me to the Mayor of the City of Richmond, Indiana, this_,Jc.QLday ofy,.�4 1990. APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, thisj-L,:Z-day of, dc.f. ,1990. �/ ,�/ A Mayor ATTEST: City CIA INTER -OFFICE MEMO DATE: August 16, 1990 To: Common Council FROM: Dan Dooley SUBJECT: Ordinance No. 56-1990 COPY TO: Petitioner: David L. Jetmore,M.D., Inc., owner; Request: rezoning from R-3 to C-1 SU and special use authorization for a commercial development unit project, with a commitment to limit the use of the buildings and property in the project to general office use only. The project is proposed to contain 3 office buildings and involves the construction of a through street between East Main Street and Southeast Parkway to be named Glen Miller Parkway. Location: 2500 block of East Main Street, on the south side. CITY PLAN COMMISSION. RICHMOND, INDIANA September 25, 1990 Mrs. Jane Brookbank, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 56-1990 Plan Commission Case PC-90-15 Dear Mrs. Brookbank, Members of Common Council and Mrs. Merchanthouse: The Richmond City Plan Commission conducted a public hearing on Tuesday, September 25, 1990, on the petition of David L. Jetmore, M.D., Inc., owner, requesting a rezoning from R-3 One to Eight Family Residence District to C-1 SU Limited Commercial Special Use District and also requesting special use authorization for a commercial development unit project on property located in the 2500 block of East Main Street, on the south side. The approval process for a commercial development unit project consists of two (2) steps, preliminary approval and final approval. In February of - this year Common Council adopted an ordinance granting preliminary approval to the Glen Miller Office Park project. The development unit project is located east and south of the existing Forest Park Building at 2519 East Main Street. The project proposes three (3) buildings to be constructed devoted to general office use only. The buildings are proposed to be located adjacent to a new street running between East Main Street and Southeast Parkway. The west, south and east boundary line of the project is proposed to be landscaped as indicated on the site plan. Ordinance No. 56-1990 Page 2 If the rezoning and the development unit project are approved, the C-1 SU District would allow the full range of uses permitted in the C-1 District, which includes various retail and service uses. It is the petitioner's desire that the uses allowed in the development unit project be limited to general office use only. The State Law allows such a restriction to be created and become binding on a project through the use of a legal instrument known as a written commitment. The written commitment must be permitted and accepted by the Plan Commission. If the project is approved, the commitment is recorded in the Wayne County Recorder's Office and may be enforced by the City of Richmond or any private citizen. The petitioner has proposed two (2) written commitments regarding the development of the project. One (1) to restrict the use of the buildings and property to general office use only; and one (1) guaranteeing that the existing curb cut into the Forest Park Building off of East Main Street will be closed once Glen Miller Parkway is constructed. At its public hearing, the Plan Commission permitted and accepted both written commitments. The City Engineering Department, the Traffic Division of the Police Department, the Richmond Fire Department, the Richmond Sanitary District and the local utility companies have reviewed the project site plan and construction drawings. The Sanitary District has indicated that a section of new sewer, approximately 700' long, is required to serve the project. This section of sewer would replace an existing sewer that is inadequate. The District has committed to doing the work if the owner will share a portion of the cost. The owner has agreed to cost share in the amount of $4,000.00. The City Engineer has reviewed construction drawings for the road and storm sewer and calculations for storm drainage and has identified no problem. Storm drainage will be handled with a storm sewer system. The proposed Glen Miller Parkway will be constructed in accordance with the City of Richmond's Standard Specifications. The petitioner has provided letters of credit to guarantee the construction of the public improvements within the development unit project. The Police and Fire Departments have no problem or concern regarding the project. Thirty-two (32) notices of public hearing were sent to the surrounding residents with six (6) returned opposed to the petition and two (2) Ordinance No. 56-1990 Page 3 returned in favor of the petition. During the public hearing the following five (5) persons spoke in opposition to the petition, Mr. John Jennens, 201 Southeast Parkway, Mrs. Elizabeth Blomyer, 5 South 27th Street, Dr. Ray Weitemier, 25 South 25th Street, Mr. David Shaw, 2515 Southeast Parkway, and Mr. Jim Peters, 2616 Southeast Parkway. These residents cited their concerns regarding a through street between East Main Street and Southesast Parkway and problems associated with the sanitary sewer backing up info homes after rainfall. The Plan Commission determined that the petition complies with the requirements of the Zoning Ordinance and with the preliminary approval granted to the project. Therefore, the Commission voted nine (9) to zero (0) to recommend to Council that Ordinance No. 56-1990 be adopted. Respectfully submitted, Daniel S. Dooley, Executive Secretary Richmond City Plan Commission �,�----- �• A ORD/NANCE 56-1900 - RECORD PLAN GLE% ' MIL L ER OFFICE- PARK N N a5 + o B5 : h ,pC�3-aa 040 h a 41�v � 88 .ppg8 i a Y i •� 0?c 4/.23' ate' h 4 RAa � �� P 8 � h 8 �' y � •'ni {1j�V; 14, �' it U �,. 1 ... FFMFN7SU4-..._.__.:_. j i• 1, r•�IV 111 BWIIrNG REOJ i •��- i P� _�. r rro„nare vo�,e rtesr.a n. y,nc.a n. nw .a n � � TRACT / b N 9 P P6.p a 65+e „ rm p y{ .-F/.o+9..Ou"e0 ror am Owldn9one ..eoper/SO.uuery - �pp1v, A� - RFJP � SGYJ. 00' N T9N� A--69 • - �, - V' YID : r •� I? I �•I / T.PFJC.T ..3 � � `� O. f 25- .9C.5 ' - , N G19� .34- 44 •• N/ � `f NBd'SB-/O'7f/ .. .:. -.. I37..8 90. SB9'-39-,55•%-Y .33. 9Z• F4 2.4' LANDSCAPE PLAN SCREEN Q A,eri n Arb—i.M �i, ee�r.rrra+ree _ Norway 5Pruce a• rwr e•.ra- - MDmrWam.> CITY PLAN COMMISSION RICHMOND, INDIANA September 25, 1990 Mrs. Jane Brookbank, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 56-1990 Plan Commission Case PC-90-15 Dear Mrs. Brookbank, Members of Common Council and Mrs. Merchanthouse: The Richmond City Plan Commission conducted a public hearing on Tuesday, September 25, 1990, on the petition of David L. Jetmore, M.D., Inc., owner, requesting a rezoning from R-3 One to Eight Family Residence District to C-1 SU Limited Commercial Special Use District and also requesting special use authorization for a commercial development unit project on property located in the 2500 block of East Main Street, on the south side. The approval process for a commercial development unit project consists of two (2) steps, preliminary approval and final approval. In February of this year Common Council adopted an ordinance granting preliminary approval to the Glen Miller Office Park project. The development unit project is located east and south of the existing Forest Park Building at 2519 East Main Street. The project proposes three (3) buildings to be constructed devoted to general office use only. The buildings are proposed to be located adjacent to a new street running between East Main Street and Southeast Parkway. The west, south and east boundary line of the project is proposed to be landscaped as indicated on the site plan. Ordinance No. 56-1990 Page 2 If the rezoning and the development unit project are approved, the C-1 SU District would allow the full range of uses permitted in the C-1 District, which includes various retail and service uses. It is the petitioner's desire that the uses allowed in the development unit project be limited to general office use only. The State Law allows such a restriction to be created and become binding on a project through the use of a legal instrument known as a written commitment. The written commitment must be permitted and accepted by the Plan Commission. If the project is approved, the commitment is recorded in the Wayne County Recorder's Office and may be enforced by the City of Richmond or any private citizen. The petitioner has proposed two (2) written commitments regarding the development of the project. One (1) to restrict the use of the buildings and property to general office use only; and one (1) guaranteeing that the existing curb cut into the Forest Park Building off of East Main Street will be closed once Glen Miller Parkway is constructed. At its public hearing, the Plan Commission permitted and accepted both written commitments. The City Engineering Department, the Traffic Division of the Police Department, the Richmond Fire Department, the Richmond Sanitary District and the local utility companies have reviewed the project site plan and construction drawings. The Sanitary District has indicated that a section of new sewer, approximately 700' long, is required to serve the project. This section of sewer would replace an existing sewer that is inadequate. The District has committed to doing the work if the owner will share a portion of the cost. The owner has agreed to cost share in the amount of $4,000.00. The City Engineer has reviewed construction drawings for the road and storm sewer and calculations for storm drainage and has identified no problem. Storm drainage will be handled with a storm sewer system. The proposed Glen Miller Parkway will be constructed in accordance with the City of Richmond's Standard Specifications. The petitioner has provided letters of credit to guarantee the construction of the public improvements within the development unit project. The Police and Fire Departments have no problem or concern regarding the project. Thirty-two (32) notices of public hearing_ were sent to the surrounding residents with six (6) returned opposed to the petition and two (2) Ordinance No. 56-1990 Page 3 returned in favor of the petition. During the public hearing the following five (5) persons spoke in opposition to the petition, Mr. John Jennens, 201 Southeast Parkway, Mrs. Elizabeth Blomyer, 5 South 27th Street, Dr. Ray Weitemier, 25 South 25th Street, Mr. David Shaw, 2515 Southeast Parkway, and Mr. Jim Peters, 2616 Southeast Parkway. These residents cited their concerns regarding a through street between East Main Street and Southesast Parkway and problems associated with the sanitary sewer backing up into homes after rainfall. The Plan Commission determined that the petition complies with the requirements of the Zoning Ordinance and with the preliminary approval granted to the project. Therefore, the Commission voted nine (9) to zero (0) to recommend to Council that Ordinance No. 56-1990 be adopted. Respectfully submitted, Daniel S. Dooley, Executive Secretary Richmond City Plan Commission - 00'.E /79' 93 pmj • — /73.4G ,FEET � ' - Rao 2 . � • � N +�' � ' 1 u ` � 6ULL•INU_Rf43.�-- (� N� r.. ,•, Hoer •L �sL� `\C,\ � [a...,,,r...rm.rm. Bowe +zasr da++e, ncda n• � � TRFlGT / a• er ewrema / /B/ ,cres S'�I ivlin9 rcaui/ee ld. odour P6 .ponr 6l roa.er SC .aeu. �^, • � N III dwM%M cvnrogv. ,V 9.7G' 1 LANDSCAPE PLAN SCREEN Q American Arboluiele m !t a• nNu p/mhd aIV ...Y Sprv- em+sr pn+•e DISPOSITION OF ORDINANCE NO. 5% .199 0 RESOLUTION NO. -199 by Common Council Drdinance No..S(a Resolution No. _ Elstro Lundy Hankinson McBride Parker Hutton Morris Paust Brockbank Data Susp. rules Ist read Title only --------------------- Seconded Proof of Publicaton ................................ Seconded .......... ..,._.... ...... ...... ...... ...... .......... Move to 2nd read Seconded Engrossment --•---------•----------- ------ ---------- ------- ----- ------ ------ ----- ---------- Seconded Susp rules 3rd read Seconded i Passage 5 -- �. .... •O R. ..... ........ ..... -- - -------- Rejection v I J-- Date Passed /D -/ -9 C) COMMITTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: