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HomeMy Public PortalAbout097-1984 - REZONING - THE REAR OF 2101 CHESTER BOULEVARD AS A COMMONLY COMMERCIAL DEVELOPMENT UNITAMENDED ORDINANCE NO. 97-1984 AN ORDINANCE PURSUANT TO CHAPTER 154 OF THE MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF 'THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE AMENDMENT OF ORDINANCE NO. 7-1984 BY REZONING AND AUTHORIZING THE SPECIAL USE OF PROPERTY LOCATED AT THE REAR OF 2101 CHESTER COULEVARD AS A COMMERCIAL DEVELOPMENT UNIT PROJECT TO FACILITATE THE RELOCATION OF A STORM WATER DETENTION BASIN. WHEREAS, the Common Council of the City of Richmond, Indiana has adopted Ordinance No. 7-1984 which rezoned and authorized the Special Use of property located at 2101 and 2105 Chester Boulevard as a Comm- ercial Development Project; and, WHEREAS, it is the intent and purpose hereof to amend Ordinance No. 7-1984 by expanding the area of the approved Commercial Development Unit Project to facilitate the relocation of a storm water detention pond; and, WHEREAS, in order to expand the area of the approved Commercial Development Unit Porject it shall be necessary to change the zoning classifica- tion of said additional area from R--1 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, a study of this Ordnce was conducted by the Richmond City Plan Commission the Z $ day of , 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 9 to O in favor of recommending the passage of Ordinance No. 97-1984. 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-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. 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 two tracts owned by Charles C. Miles Inc. described in Deed Records Volume 381, Page 477, and Volume 395, Page 336, in the office of the Wayne County Recorder, and being more particularly described as follows: Commencing at a '+' found cut in the concrete median of Chester Boulevard (State Route 27) at the northwest corner of said . quarter; thence South 0000'00" East along the west line of said quarter and along said street, 2047.48 feet to the southwest corner of Cox's south 4 acre tract, described in Deed Records Volume 354, Page 585; thence North 89°50'13" East along the south line of Coxs' south tract a distance of 1319.95 feet to a point at the southeast corner of:said tract, being also on the north line of Oak Park, Section VI, described in Plat Book 12, Page 95, witness an iron pin fount North 0001'55" West 19.73 feet, said point being the TRUE POINT OF BEGINNING for the tract herein described; thence continuing North 89°50'13" East along the north line of said Oak Park, Section VI, a distance of approx- imately 222 feet to a point 25 feet east of an existing concrete box culvert; thence northeastwardly 162 feet to a point 35 feet west of the center of an existing gravel lane, being also in an exsiting fence which lies west of said lane; thence northwest- wardly approximately 335 feet to a point on the south line of a 2.00 acre tract owned by Charles Hartman, described in Deed Records Volume 408, Page 83, said point being 5 feet west of an exsiting pump house building; thence westwardly along sais south line approximately 172 feet to an iron pin found at the south- west corner of said 2.00 acre tract; thence South 0001'55" east along the west lines of said Charles C. Miles tracts approximately 464 feet to the point of beginning, being subject to legal easements of record. SECTION 2. 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 3. That the owner shall amend and revise the Record Plan and construction drawings detaining the relocation of the proposed Detention Basin as required by the City Engineer. 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 Exibit '.'A' and made a part of this Ordinance. (b) The owner shall secure a performance bond gauranteeing the construction of all public improvements required for the project. Said bond shall be satisfactory to the City Engineer as to the amount and shall be satisfactory to the City Attorney as to form and manner of execution. (c) 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 controls the amount of runoff leaving the project ite to that which occurred as natural runoff prior to development. 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 easements for the project. (d) No Certificate of Occupancy shall be issued for any structure or use within the Commercial Development Unit Project until such time as the Storm Water Detention Pond has been completed. SECTION 5. That Ordinance No. 7-1984 is hereby amended as prescribed above and that Ordinance No. 7-1984 shall otherwise remain in full force and effect. SECTION 6. This Ordinance shall be in full force and effect from and after the passage and approval as by law required. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this day of ,„� , 1984, s1 et o Common Council ATTEST: City6Clerk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this o?Sday of 1984. City Cl k APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this�Sday of �r.� 1984. �yor ATTEST: / -yp ),e, � Ci tv C1 rk 50 North Fifth Street RICHMOND, INDIANA 47374 August 30, 1984 Mr. Howard J. Elstro, President Members Of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 4737.4 Re: Ordinance No. 97-1984 Plan Commission. Case PC-84-17 Dear Mr. Elstro, Members of Common Council and Mrs. Merchanthouse: The Richmond City Plan Commission conducted a public hearing on Tuesday, August 28, 1984, on the petition of Bartlemay Realty, Inc., requesting to amend Ordinance No. 7-1984 which rezoned and authorized the Special Use of property located at 2101 and 2105 Chester Boulevard as a Commercial Develop- ment Unit Project. The scope of the requested amendment is to add approximately 22 acres to the area of the Commercial Development Unit Project. This area is located at the rear and on the eastern boundary of the present project. This -addi- tional. area is needed to facilitate the location of a storm water detention pond that will be designed to control runoff from the project. Twelve (12) Notices of Public Hearing were sent to surrounding residents with one (1) returned in favor of the request. During the public hearing no one spoke in opposition to the request. The Plan Commission voted nine (9) to zero (0) to recommend that Ordinance No. 97-1987 he amended as follows: 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 he 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 this Ordinance. b. 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 Engineer as to the amount and shall be satisfactory to the City Attorney as to form and manner of execution. GENERAL ORDINANCE NO. 97-1984 AN ORDINANCE PURSUANT TO CHAPTER 154 OF THE MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE AMENDMENT OF ORDINANCE NO. 7-1984 BY REZONING AND AUTHORIZING THE SPECIAL USE OF PROP- ERTY LOCATED AT THE REAR OF 2101 CHESTER BOULEVARD AS A COMMERCIAL DEVELOP- MENT UNIT PROJECT TO FACILITATE THE RELOCATION OF A STORM WATER DETENTION BASIN. WHEREAS, the Common Council of the City of Richmond, Indiana has adopted Ordinance No. 7-1984 which rezoned and authorized the Special Use of property located at 2101 and 2105 Chester Boulevard as a Comm- ercial Development Project; and, WHEREAS, it is the intent and purpose hereof to amend Ordinance No. 7-1984 by expanding the area of the approved Commercial Development Unit Project to facilitate the relocation of a storm water detention pond; and, WHEREAS, in order to expand the area of the approved Commercial Development Unit Project it shall be necessary to change the zoning classifica- tion of said additional area from R-1 Single -Family Residence Dis- tract 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, a study of this Ordinance was conducted by the Richmond City Plan Commission the day of , 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 to in favor of/in opposition to recommending the passage of Ordinance No. 97-1984. 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-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. 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 two tracts owned by Charles C. Miles Inc. described in Deed Records Volume 381, Page 477, and Volume 395, Page 336, in the office of the Wayne County Recorder, and being more particularly described as follows: Commencing at a W found cut in the concrete median of Chester Boulevard (State Route 27) at the northwest cor- ner.of said quarter; thence South 0000'00" East along the west line of said quarter and along said street, 2047.48 feet to the southwest corner of Cox's south 4 acre tract, described in Deed Records Volume 354, Page 585; thence North 89050'13" East along the south line of said Coxts south tract a distance of 1319.95 feet to a point at the southeast corner of said tract, being also on the north line of Oak Park, Section VI, described in Plat Book 12, Page 95, witness an iron pin found North 0101155" West 19.73 feet, said point being the TRUE POINT OF BEGINNING for the tract herein described; thence continuing North 89050'13" East along the north line of said Oak Park, Section VI, a distance of approximately 222 feet to a point 25 feet east of an existing concrete box culvert; thence northeastwardly 162 feet to a point 35 feet west of the center of an existing gravel lane, being also in GENERAL ORDINANCE NO. 97-1984 Page 2 an existing fence which lies west of said lane; thence northwestwardly approximately 335 feet to a point on the south line of a 2.00 acre tract owned by Charles Hartman, described in Deed Records Volume 408, Page 83, said point being 5 feet west of an existing pump house building; thence westwardly along said south line approximately 172 feet to an iron pin found at the southwest corner of said 2.00 acre tract; thence South 0001'55" east along the west lines of said Charles C. Miles tracts approximately 464 feet to the point of beginning, being subject to legal easements of record. SECTION 2. 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 3. That the owner shall amend and revise the Record Plan and con- struction drawings detailing the relocation of the proposed Deten- tion Basin as required by the City Engineer. 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 this Ordinance. b. 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 Engineer as to the amount and shall be satisfactory to the City Attorney as to form and manner of execution. C. 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 controls the amount of runoff leaving the pro- ject site to that which occurred as natural runoff prior to development. 2. Construction plans for the private and public sani- tary 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 Ordinance No. 7-1984 is hereby :amended as prescribed above and that Ordinance No. 7-1584 shall otherwise remain in full force and effect. SECTION 6. This Ordinance shall be in full force and effect from and after the the passage and approval as by law required. PASSED AND A➢OPTED by the Common Council of the City of Richmond, Indiana, this day of , 1984. r" ent o 0 on uncil ATTEST: City Clerk GENERAL ORDINANCE NO. 97-1984 Page 3 PRESENTED by me to the Mayor of the City of Richmond, Indiana, this day of , 1984. City Clerk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this day of , 1984. FINE /? AR-&A--waltermann Frank if. ATTEST:_ City Clerk