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HomeMy Public PortalAbout044-1986 - REZONING - NEW PARIS PIKEGENERAL ORDINANCE NO. 44-1986 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 THE PROPERTY LOCATED ON NEW PARIS PIKE FROM A-1 AGRICULTURAL DISTRICT TO A-1 SU AGRICULTURAL SPECIAL USE DISTRICT, AND AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A SANITARY LANDFILL. WHEREAS, the Zoning Map which is a part of Ordinance No. 2325-1968 designates and describes as A-1 Agricultural District the property located on New Paris Pike; and, WHEREAS, it is the intent and purpose hereof to change the zoning classification of said property from A-1 Agricultural District to A-1 SU Agricultural Special Use District, and to authorize the Special Use of said property as a Sanitary Landfill; and, WHEREAS, a study of this Ordinance was conducted by.the Richmond City Plan Commission the 27day of 2220,4- , 1986, at which time remonstrancet were heard from all parties interested in or affected by this Ordinance; and, WHEREAS, the vote of the Richmond City Plan Commission was ,? to .2 in favor of/In eppeeltion to recommending the passage of Ordinance No. 44-1986. SECTION 1. That the zoning classification of the property described below, and the same is hereby changed to A--1 SU Agricultural 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. Being a part of the Southeast Quarter of Section 23, a part of the Southwest Quarter of Section 24, a part of the Northwest Quarter of Section 26, and part of the Northwest Quarter and Southwest Quarter of Section 25, Township 14 North, Range 1 West in Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at the southwest corner of the Northwest Quarter of said Section 25; thence south 89 degrees 04 minutes 33 seconds west 620.826 feet; thence north 40 degrees 46 minutes 08 seconds west 735.723 feet; thence north 40 degrees 33 minutes 03 seconds west 211.657 feet; thence north 36 degrees 49 minutes 05 seconds west 300.708 feet; thence north 40 degrees 32 minutes 58 seconds west 800.034 feet; thence north 49 degrees 04 minutes 44 seconds west 101.104 feet; thence north 40 degrees 32 minutes 59 seconds west 300.009 feet; thence north 88 degrees 22 minutes 03 seconds east 516.702 feet; thence north 01 degrees 22 minutes 08 seconds west 755.344 feet; thence south 89 degrees 55 minutes 51 seconds west 314.173 feet; thence north 00 degrees 04 minutes 09 seconds west 803.502 feet; thence north 89 degrees 09 minutes 43 seconds east 1939.997 feet; thence north 89 degrees 34 minutes 19 seconds east 1341.221 feet; thence south 01 degrees 09 minutes 46 seconds east 1631.424 feet; thence south 24 degrees 25 minutes 55 seconds west 1392.490 feet; thence south 85 degrees 31 minutes 18 seconds west 114.270 feet; thence south 01 degrees 37 minutes 27 seconds east 727.740 feet; thence south 69 degrees 29 minutes 27 seconds ORDINANCE NO. 44-1986 Page 2 west 193.225 feet; thence north 35 degrees 10 minutes 58 seconds west 294.577 feet; thence north 90 degrees 00 minutes 00 seconds west 266.890 feet to the place of beginning, containing an area of 213.995 acres. SECTION 2. That as provided in Articles 25 and 48 of Chapter 154 of the Municipal Code, the following described use of the above described real estate is allowed as a Special Use as a Sanitary Landfill. SECTION 3. As a condition of the aforesaid Special Use and as an additional restriction on said use, the following . requirements shall hereafter and at all times be met by the owners of said real estate. a. The operations and future grading plans and narrative accompanying the petition shall be marked Exhibit "A" and shall become a part of the Ordinance authorizing the Special Use. b. The operation and maintenance of the sanitary landfill shall be pursuant to the appropriate permits obtained from the Indiana Environmental Management Board and shall be in conformance with the Indiana Administrative Code Title 330, and all other rules, regulations and requirements of the Indiana Environmental Management Board and/or the Indiana State Board of Health. C. The owner/operator of the sanitary landfill shall be required to submit a written status report to the Plan Commission regarding the operation of the sanitary landfill prior to requesting renewal of the operating permit through the Indiana Environmental Management Board. 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, this _ m day of 1986. may,, Prebident of Common Council ATTEST:�jy A,r,Ai f�cCa�l� City erk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this _ 3n day of , 1986. City C erk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this ��,,�( day of C�,� 1986. - ATTEST: City C CITY PLAN COMMISSION RICHMOND, INDIANA May 30, 1986 Mr. Richard Bodiker, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 44-1986 Plan Commission Case PC-86-5 Dear Mr. Bodiker, Members of Common Council and Mrs. Merchanthouse: The Richmond City Plan Commission conducted a public hearing on Tues- day, May 27, 1986, on the petition of the Richmond Sanitary District, owner, requesting to rezone property located at 3610 New Paris Pike from A-1 Agricultural District to A-1 SU Agricultural Special Use District and also requesting Special Authorization for a Sanitary Landfill. The Richmond Sanitary District is requesting to rezone an area com- prising approximately 213 acres which consists of the existing land- fill, being approximately 90 acres, and approximately 125 acres of property acquired since 1974. The existing landfill was situated on property that is not geologically suitable. The Sanitary Dis- trict has developed a unified plan of operation that addresses the problems of the existing landfill and allows the future use of ad- jacent district property. The District must obtain the appropriate zoning in order to implement this plan. Sixty-two (62) notices of public hearing were sent to the surrounding residents with one (1) returned in favor of the petition, and nine (9) returned in opposition to the petition. During the public hearing six (6) persons spoke in opposition to the petition. Generally, the remonstrators' concerns centered on the problem of leachate leaving the landfill site and polluting ground water. In making its recomendation to Council, the Commission considered the requirements of Articles 25.019 and 48 of the Zoning Ordinance. The Plan Commission voted eight (8) to two (2) to recommend that Ordinance No. 44-1986 be adopted with the conditions contained in Section 3 of the Ordinance. Respectfully submitted CITY PLAN COMMISSION Daniel S. Dooley Director DISPOSITION OF ORDINANCE NO.'/S'-198� RESOLUTION NO. -198_ by Common Council ORDINANCE NO. fy !- 94 Z� 1 I RESOLUTION NO. ELSTRO WILLIAMS OROOKEIANK HAxKINSON WHITESELL PARKER HUTTON MORRIS BODIKER DATE 5--1 Susp.rules 1stread Title only Ci :Seconded czO-e� Alot-& —Publication ...... ........ .. ......... 'Proof of ........I .......... 'Seconded ......... ....... move to Znd —,.din, --1 Second ............ ....... Engrossment U--m aialmiB4.4%... .. ...... !< 'Seconded uv�e � —31d ................ ............ .... ..... ... STf, P rules Reading ZdMahtlirn A* .... ............................ Seconded Leech ....... I .... ..... Passage .... OR ........ ........... (Rejection 11 .......... DATE PASSED; kZ-�If, & COMMITTEE ASSIGNMENTS: Committee Date 5 — .2 7 — F Committee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: C(-h1I11EN15 :