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