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HomeMy Public PortalAbout042-1989-ZONING- NORTHSIDE OF DANA PARKWAY IN THE 2000BLKORDINANCE NO, 42-1989 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 NORTH SIDE OF DANA PARKWAY, IN THE 2000 BLOCK, FROM M-2 GENERAL INDUSTRIAL DISTRICT TO M-2 SU GENERAL INDUSTRIAL SPECIAL USE DISTRICT; AND ALSO AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A MANUFACTURER'S RETAIL OUTLET MALL DEVELOPMENT UNIT PROJECT. WHEREAS, the Zoning Map which is a part of Ordinance No. 2325-1968 designates and describes as M-2 General Industrial District the property located in the 2000 block of Dana Parkway, on the north side; and, WHEREAS, it is the intent and purpose hereof is to change the zoning classification of said property from M-2 General Industrial District to M-2 SU General Industrial Special Use District and to authorize the special use of said property as a manufacturer's retail outlet mall development unit project; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the �7!E�-day of 7,1989, at which time remonstrances were heard from alf parties interested in or affected by this Ordinance; and, WHEREAS, the vote of the Richmond City Plan Commission was o' to � in favor of/' recommending the passage of Ordinance No. 42-1989. 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 M-2 SU General Industrial 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. A part of the fractional Section 24, Township 14 North, Range 2 West, Wayne Township, Wayne County, Indiana more particularly described as follows: Commencing at the southeast corner of said Fractional Section 24; thence North 00 degrees 43 minutes East (assumed bearing ) a distance of 1379.45 feet along the eastern line of said fractional section, to an iron rod; thence North 89 degrees 23 minutes West a distance of 400.00 feet, to an iron pipe said iron pipe being the Point of Beginning of this description; thence continuing North 89 degrees 23 minutes West a distance of 30.00 feet, to an iron pipe; thence South 00 degrees 43 minutes West a distance of 628.35 feet parallel with the eastern line of said fractional section to a point Ordinance No. 42-1989 Page 2 located North 89 degrees 07 minutes West a distance of 430.00 feet from an iron rod in the eastern line of said fractional section; thence North 89 degrees 07 minutes West a distance of 1090.61 feet, to a point located South 89 degrees 07 minutes East a distance of 376.29 feet from an iron pipe in the western line of said Fractional Section 24, also being the eastern line of Fractional Section 2, also being the Indian Treaty Line; thence North 00 degrees 43 minutes East a distance of 1850.14 feet, parallel with the eastern line of said Fractional Section 24, to the intersection of the southern right of way line of Interstate Highway Number 70 and the west line of said Fractional Section 24; thence North 79 degrees 22 minutes East a distance of 22217 feet along said southern right of way line of Interstate Highway Number 70, to the beginning of the southern right of way of the southwest exit ramp of said interstate, said exit ramp also known as Roadway A; thence along the southern right of way of said exit ramp the following five (5) courses and distances. North 88 degrees 21 minutes East a distance of 382.86 feet; South 77 degrees 33 minutes East a distance of 191.05 feet; South 70 degrees 58 minutes East a distance of 264.38 feet; South 67 degrees 58 minutes East a distance of 224.61 feet; South 72 degrees 18 minutes East a distance of 285.43 feet, to an iron pipe in the eastern line of said Fractional Section 24; thence South 00 degrees 43 minutes West a distance of 680.73 feet along the eastern line of said Fractional Section 24, to an iron spike; thence North 89 degres 23 minutes West a distance of 400.00 feet, to an iron rod; thence South 00 degrees 43 minutes West a distance of 316.00 feet, parallel with the eastern line of said Fractional Section 24, to the Point of Beginning of this description and containing 54.503 acres, more of less. Subject to all existing legal right of ways and easements on record. SECTION 2. That as provided in Articles 35 and 48 of Chapter154 of the Code of Ordinances, the following described use of the above described property is allowed as a manufacturer's retail outlet mall 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 Special Use site plan and petition shall be marked Exhibit A and made a part of this Ordinance. Ordinance No. 42-1989 Page 3 B. - The final approval for the manufacturer's retail outlet mall development unit project shall include only the area designated on the Special Use site plan as Phase 1. A seperate petition shall be required to be submitted and approved for all subsequent phases of the special use. C. Prior to the issuance of an Improvement Location Permit, the owner shall dedicate and record all neccessary easements and public right-of-ways. D. Prior to the issuance of an Improvement Location Permit, the construction plans for streets, 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, the 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 aquired. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, thisl2day o94 1989. / President of Common Council ATTEST: City C erk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this o2 f` day of ,1989. City erk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, thisazQ-!�-day of 989. Mayor ATTEST: City Cie c CITY PLAN COMMISSION RICHMOND, INDIANA June 29, 1989 Mrs. Sally Hutton, President Members of Common Council and Ms. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 42-1989 Plan Commission Case PC-89-15 Dear Mrs. Hutton, Members of Common Council and Ms. Merchanthouse: The Richmond City Plan Commission conducted a public hearing on Tuesday, June 27, 1989, on the petition of Richmond 140 Limited and Star Bank, N.A., Eastern Indiana, Owners, Robert L. Bever, Agent, requesting a rezoning from M-2 General Industrial District to M-2SU General Industrial Special Use District and also requesting final approval and special use authorization for a manufacturer's retail outlet mall development unit project on property located on the north side of Dana Parkway in the 2000 block. The proposed project consists of approximately 150,000 square feet of floor space proposed to be occupied by manufacturers only for the retail outlet of their products. Four (4) areas have been identified on the site plan for future development that will consist of a hotel/motel/restaurant complex and/or other compatible general commercial development. Twenty-five (25) notices of public hearing were sent to the surrounding residents with one (1) returned in favor of the petition. During the public hearing, one person expressed concern about increased traffic in the area. The Plan Commission determined that the project complies with the approved preliminary plan and complies with the requirements of the Zoning Ordinance. The Plan Commission voted eight (8) to zero (0) to recommend that Ordinance No. 42-1989 be adopted. Za itted, el S. Dooley Executive Secretary HARLAN, SCHUSSLER, SELLER, BOSTON & BEVEF ATTORNEYS AT LAW JOHN M. HARLAN DENVER C. HARLAN RU55ELL H. SCHUSSLER a00 BANK ONE fiUILOING (1886-1968) RICHARD E. 505TON McHMOND, INDIANA 47374 BERTWiN J. KELLER R08ERT L. BEVER (4927-1987) (317) 962.7527 - TERRY OWALEY TELECOPIER {317) 9G6-4597 ASSOCIATE COUNSEL JOHN H. BRUBAKER June 30, 1989 Mary Merchanthouse Clerk, City of Richmond Richmond Municipal Building Richmond, IN 47374 Re: Petition for special use zoning/Fairground Village PC89-15 Dear Mary: As agent for the petitioners requesting the above matter and pursuant to phone conversation with the City Plan Commission Office, we would respectfully request a continuance of the hearing on said petition which is scheduled for Richmond City Council this next Monday, July 3, 1989. I was under the mistaken impression that there would be no City Council meeting for the week of the 4th and consequently, made plans to be out of town during the week and cannot attend the meeting. In addition, one of our other participants, who would like to be at the meeting when the petition is heard, is also unavailable during the week of the 4th. It is my understanding that the Council would have no objection to this request and that it will subsequently be heard at the next City Council meeting on July 17, 1989. We sincerely apologize for this delay and look forward to having the petition heard at your next meeting. Very truly -ye HARLAN, SCHUSSLER, KELLER, BOSTON & BEVER RLB:cr CITY PLAN COMMISSION RICHMOND, INDIANA June 29, 1989 Mrs. Sally Hutton, President Members of Common Council and Ms. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 42-1989 Plan Commission Case PC-89-15 Dear Mrs. Hutton, Members of Common Council and Ms. Merchanthouse: The Richmond City flan Commission conducted a public hearing on Tuesday, June 27, 1989, on the petition of Richmond 140 Limited and Star Bank, N.A., Eastern Indiana, Owners, Robert L. Bever, Agent, requesting a rezoning from M-2 General Industrial District to M-2SU General Industrial Special Use District and also requesting final approval and special use authorization for a manufacturer's retail outlet mall development unit project on property located on the north side of Dana Parkway in the 2000 block. The proposed project consists of approximately 150,000 square feet of floor space proposed to be occupied by manufacturers only for the retail outlet of their products. Four (4) areas have been identified on the site plan for future development that will consist of a hotel/motel/restaurant complex and/or other compatible general commercial development. Twenty-five (25) notices of public hearing were sent to the surrounding residents with one (1) returned in favor of the petition. During the public hearing, one person expressed concern about increased traffic in the area. The Plan Commission determined that the project complies with the approved preliminary plan and complies with the requirements of the Zoning Ordinance. The Plan Commission voted eight (8) to zero (0) to recommend that Ordinance No. 42-1989 be adopted. "'"pe^ct`ffurl su fitted, 11 Daniel S. Dooley Executive Secretary CITY PLAN COMMISSION RICHMOND, INDIANA June 29, 1989 Mrs. Sally Hutton, President Members of Common Council and Ms. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 42-1989 Plan Commission Case PC-89-15 Dear Mrs. Hutton, Members of Common Council and Ms. Merchanthouse: The Richmond City Plan Commission conducted a public hearing on Tuesday, June 27, 1989, on the petition of Richmond 140 Limited and Star Bank, N.A., Eastern Indiana, Owners, Robert L. Bever, Agent, requesting a rezoning from M-2 General Industrial District to M-2SU General Industrial Special Use District and also requesting final approval and special use authorization for a manufacturer's retail outlet mall development unit project on property located on the north side of Dana Parkway in the 2000 block. The proposed project consists of approximately 150,000 square feet of floor space proposed to be occupied by manufacturers only for the retail outlet of their products. Four (4) areas `have been identified on the site plan for future development that will consist of a hotel/motel/restaurant complex and/or other compatible general commercial development. Twenty-five (25) notices of public hearing were sent to the surrounding residents with one (1) returned in favor of the petition. During the public hearing, one person expressed concern about increased traffic in the area. The Plan Commission determined that the project complies with the approved preliminary plan and complies with the requirements of the Zoning Ordinance. The Plan Commission voted eight (8) to zero (0) to recommend that Ordinance No. 42-1989 be adopted. �pectfurl su rnitted, Daniel S. Dooley Executive Secretary DISPOSITION OF ORDINANCE NO. 7a -198 RESOLUTION NO. -198 by Common Council Ordinance No. 4% Resolution No. _ Elstro Lundy Brookbanl Hankinson McBric a Parke Hutton Paust Morris Date to--/ I -P7 Susp. rules Ist read Title only -------------------------- Seconded Seconded - -- -------- � ------ ------ Proof of Publicaton ----------------- Seconded ___ ______ ______ Move to 2nd read ------ Seconded ------ ------ - - -- - - ------ Engrossment ----------------- Seconded ----- ------ -------- ---------- ------ ------ ---------------------------- Susp rules 3rd read --•---- �. ------ ------ Seconded --------I --------- ------ ----- - - - - - - - Passage Rejection D ------ ---- --- ------ Date Passed /%—1— '9 COMMITTEE ASSIGNMENTS: CommIttee��u�r�- _Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: '