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Home My Public Portal About007-1984 - ORDINANCE REPEALING ORDINANCE NO 40-1983 AND AMENDING CHAPTER 154-REZONING- 2101 AND 2105 CHESTER BOULEVARDGENERAL ORDINANCE NO, 7-1984 AN ORDINANCE REPEALING ORDINANCE NO. 40-1983 AND 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 AT 2101 AND 2105 CHESTER BOULE- VARD, FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO C-2 SU COMMERCIAL SPECIAL USE DISTRICT AND AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS SECTION I OF A COMMERCIAL DEVELOPMENT UNIT PROJECT. WHEREAS, the Common Council of the City of Richmond has adopted Ordi- nance No. 40-1983 granting approval to Phase I of a Develop- ment Unit Project located at 2101 and 2105 Chester.Boulevard; and, WHEREAS, prior to the time construction commenced_ on said Phase I, circumstances relative to the development of the project changed significantly to render the Phase I approval obsolete; and, WHEREAS, it is the intent and purpose hereof to repeal Ordinance No. 40- 1983 so that a new project design, pursuant to the approved preliminary plan, may be considered from its inception without regard to any prior obsolete approval; and, WHEREAS, it is also the intent and purpose hereof to change the zoning classification of the property located at 2101 and 2105 Chester Boulevard from R-2 Single Family Residence District to C-2 SU Commercial Special Use District and to authorize the Special Use of said property as a Commercial Development Unit Project; and, WHEREAS, pursuant to Articles 45 and 48 of Chapter 154 of the 'Municipal Code, the Richmond City Plan Commission has conducted a public hearing on the preliminary plan of the subject Commercial De- velopment Unit Project; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the 24th day of January 1984, 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 six (6) in favor and one (1) abstention for recommending the passage of Ordinance No. 7-1984. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Rich- mond, Indiana, as follows: SECTION 1. That Ordinance No. 40-1983 is hereby repealed. SECTION 2. That the zoning classification of the property described below, and the same is hereby changed to C-2 SU 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. The following described real estate situated in the City of Richmond, Indiana, to wit: Situated in the southwest Quarter of Section Twenty -One (21), Township Fourteen (14) North, Range One (1) West, Wayne Township, in the City of Richmond, Wayne County, Indiana, including parts of tracts of 5 acres, 5.417 acres, and 4 acres, described in Deed Records Volume 425, Page 224, and Volume 425, Page 492, in the office of the Wayne County Re- corder, and being more particularly described as follows: ORDINANCE NO. 7-1984 Page 2 Commencing at a '+' found cut in the concrete median of Chester Boulevard (State Route 27) at the northwest cor ner of said quarter; thence South 00 00' 00" East along the west line of said quarter and along said street, 1307.87 feet to a '+' cut in said median, being the north- west corner of said 5 acre tract and the southwest corner of a 4.5 acre tract described in Deed Records Volume 300, page 557, being also the TRUE POINT OF BEGINNING for the tract herein described, witness an iron pin set North 890 50' 13" East 45.00 feet; thence North 890 50' 13" East along the north line of said 5 acre tract 1319.54 feet to a point at the northeast corner of said 5 acre tract, wit- ness an iron pin set South 890 50' 13" West 1.00 feet; thence South 01 01' 55" East along the east lines of said 5 acre and 5.417 acre tracts 294.20 feet to a point, witness an iron pin set South 890 50' 13" West 25.00 feet; thence South 89' 50' 13" West parallel with said north line and along a new division line 614.70 feet to an iron pin set on the east line of an easement for a future street; thence South 00 00' 00" East along a new division line and along said easement 181,41 feet to a point on the south line of said 4 acre tract described in Volume 425, Page 492, wit- ness an iron pin set ,South 890 50' 13" West 50.00 feet at the southwest corner of said easement; thence South 890 50' 13" West along said south line 705.00 feet to a '+' cut in said median at the southwest corner of said 4 acre tract in Chester Boulevard, witness an iron pin set North 890 50' 13" East 50.00 feet; thence North 00 00' 00" East along the west lines of said 4, 5.417,,and 5 acre tracts and along Chester Boulevard 475.61 feet to the point of beginning, containing 11.85 acres, more or less, being subject to legal highways and other easements of record. SECTION 3. That as provided in Articles 31, 45 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 Commercial Development Unit Project. SECTION 4. 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 owner of said real estate; a. The Site Plan accompanying the petition shall be marked Exhibit "A" and made a part of the Ordinance. b. Proposed Engel Drive shall be dedicated to a minimum right- of-way width of 50' and shall be improved according to city street standards. C. The owner shall secure a performance bond guaranteeing the construction of all public improvements required for the project. Said bond shall be satisfactory to the City Engi- neer as to the amount and shall be satisfactory to the City Attorney as to form and manner of execution. d. The commercial portion of the Commercial Development Unit Project.shall be developed in accordance with the require- ments.and standards set forth in Article 45.02 of the Zoning Ordinance. The residential portion of this project shall be developed in accordance with the requirements and standards set forth in Article 45.03 of the Zoning Ordinance. ORDINANCE NO. 7-1984 Page 3 e. Prior to the issuance of an Improvement Location Permit the owner shall accomplish the following; 1. A detailed site drainage plan shall be developed to the satisfaction of the City Engineer which limits and con- trols the amount of runoff leaving the project site to that which occurred as natural runoff prior to develop- ment, 2. Construction plans for the private and public sanitary sewers for the project shall be approved by the Richmond Sanitary District. 3. The owner shall execute and record all necessary ease- ments for the project. SECTION 5. That pursuant to Article 45.051 of Chapter 154 of the Municipal Code, the minimum distance a uilding may be located from any prop- erty boundary shall be reduced from 50 feet to 30 feet in only those instances as shown and in accordance with the Site Plan, Exhibit "A" of this Ordinance. SECTION 6. 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 ,71jt day of �ji,(,i Gc_r 1984. O� / sident of C n Counci ATTEST: �iLLE.l�L %Y,J/ij�JLC��G,��.yl C� City Cle k PRESENTED by me to the Mayor of the City of Richmond, Indiana, this—2-34-1 day of .3cth c y 1984, City Cligrk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this day of �L�riLu.tu �y 1984. Mayor Frank H. Waltermann ATTEST: �%ttGcti ,GGGt�icr�,v c� u a e� City Cl rk COMMON COUNCIL VOTING RECORD jORDINANCE `DATE: WILLIAMS OOKBANK HANKINSON WHITESELL PARKER BCDIKER LEMOINE MORRIS ELSTRO i Susp. rules,,lst read. :i'Title only ............... I ............................ .................... ... ....... iSeconded ...... ............... (Proof of Publication .............. Seconded ....... ....... ....... ...:... ....... ........ ....... ....... ....... ;Move to 2nd read. 3................................. ....... ....... .. . ....... ....... ...... ....... SSeconded i Engrossment ...................... Seconded .............. ✓ . ...... ...... ....... ....... ...... ....... ,3usp. rules, 3rd read. Title only ............... ✓ ...... Seconded 1 ....... ...... ....... ....... ... ....... ....... ....... i-IM£NOED ............... Seconded ..... .........,. ....... iTABLE................. ':seconded ! ....... ........ ................. ... ....... ....... ....... ....•.. I j f. ✓ ..............OR.... ... ....... L........ �,......, i ....... ............ I inEJECT:ON i O I• j i I i 'RESOLUTION: i 1 WILLIAMS '2ROOKBANK 1;iANKI',6(i N WHITESELL PARKER SODIKER LEMOINE ,r7 .R': {,ATE: '3uspend Pules I 3 iritle only ....................... Seconded � ................. .................. ....... .. ., .,..... ....... i I STABLED I....................... i Seconded ....... ....... ... ........... (Movedfgr Adoption !Seconded ............... ... ....... .... ........ .........�......... ........ CITY PLAN COMMISSION RICHMOND, INDIANA 146W February 15, 1984 Mr. Howard Elstro, President Members of Common Council Mrs, Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 7-1984 Plan Commission Case PC-84-1 Dear Mr. Elstro, Members of Common Council & Mrs, Merchanthouse: The Richmond City Plan Commission conducted a public hearing on Tuesday,. January 24, 1984, on the petition of Bartlemay Realty, Inc., Owner; Douglas Kramer, Agent, requesting a rezoning from the R-2 Single Family Resident District to the C-2 SU Commercial Special Use District and re- questing that a Special Use be granted for Section I of a Commercial De- velopment Unit Project on property located at 2101 and 2105 Chester Boulevard, The owner is also requesting a modification of the required building setback dimension from fifty (50) feet to, thirty (30) feet at three (3) locations as illustrated on the site plan. In September, 1983, the Common Council adopted Ordinance No. 40-1983. This Ordinance granted Bartlemay Realty a rezoning and final approval for Phase I of a Commercial Development Unit Project at 2101 and 2105 Chester Boulevard. This Phase I project consisted of two (2) commercial structures,that fronted on Chester Boulevard and that had access off of proposed Engel Drive. Prior to construction beginning on Phase I, Bartlemay Realty indicated to the City Planning Department the.desire to seek approval for PhaseIIof the Commercial Development Unit Project so that in reality Phase I and Phase II of the project would proceed concurrently.. Also, subsequent to the adoption of Ordinance No. 40-1983, both the owner and the City Engineering Department have proposed mutually satis- factory changes in the basic design of Phase I. These circumstances have rendered the Phase I approval authorized by Common Council obsolete. Therefore, as a result of the Plan Commission public hearing, it was determined that the original approval should be null and void and that the owner should seek approval on the basis of the newly proposed pro- ject, Mr. Jack Elstro, etc. February 15, 1984 Page 2 Twelve (12),notices of public hearing were sent to surrounding property owners with two (2) returned in favor of the request and none returned in opposition to the request. During the public hearing no one spoke in opposition to the request. The Plan Commission determined the proposed project meets or exceeds all the requirements of the Zoning Ordinance and, therefore, voted six (6) to zero (0) with one (1) abstention to recommend the following to Common Council: 1. That Ordinance No. 40-1983 be repealed. 2. That the property comprising Section I be rezoned to the C--2 SU Commercial Special Use District and that the Special Use of said Section I be authorized as a Commercial Develop- ment Unit Project. 3. That the minimum distance a building may be located from any property boundary shall be reduced from 50' to 30' at three locations shown in accordance with the site plan. 4. That the conditions enumerated in Section 4 of Ordinance No. 7-1984 be adopted. Respectfully submitted, CITY PLAN COMMI ION 'T Daniel S. Dooley Executive Secretary /v1