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Home My Public Portal About038-1980 - REZONING - WEST OF WINDING RIDGE DRIVEA€TMED SPECIAL ORDINANCE M. 38-1980 AN ORDDMCE AMENDING ORDINANCE NO, 2440-1969 AND AUTHORIZING A SPECIAL, USE FOR A MTII}=TAL DEVELOPMENT UNIT PROJECT LOCATED WEST OF WINDING RIDGE DRIVE ON 17.401'ACRES PLiRStMr TO ARTICLES 48 AND 45 OF CHAPTER 22 OF 711E MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968 OMMONLY KLZOW AS THE ZONING ORDINANCE OF THE CITY OF RIQKM, INDI_ANA.. VE RFAS, Ordinance No. 2440-1969 authorized a Special Use for a Develop- ment Unit Project at 2230 Chester Boulevard; and, WHEREAS, it is the intent of this Ordinance to amend Ordinance No. 2440- 1969 by deleting 17.401 acres from the original project area approved through Ordinance No. 2440-1969 so that a Residential Development Unit Project may be authorized as a Special Use as a separate project on said 17.401 acres; and, WHEREAS, pursuant to Article 45 of Chapter 22 of the FFunici_pal Code, the Richmond City Plan Comission has conducted a public hearing on the preliminary plan of the subject Residential Development Unit Project and made the following findings: 1. It complies with the Comprehensive Master Plan for the City of Riclm�Ond. 2, it will not adversely affect neighboring property. 3. It is at a location %ftere traffic congestion does not exist at present on the streets to be utilized in con- junction therewith, undue congestion is.not likely to be croated as a result of this project. 4. The site development plan provides for integrated and hormonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, off-street parking and loading, land- scaping, and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the developer as well as from the standpoint of the adjoining or surrounding existing or potential developments. 5. The site for the subject Residential Development Unit Project is zoned R-3 One -to -Eight Family Residence Dis- trrict and is appropriate for the development proposed. 6. The Richmnd City Plan Cminission i.s satisfied the pro- ponents of the development project intend to cm9lete the project within a reasonable time. WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Camni.ssion the 22nd day of April, 1980, at which time remonstrances were heard from all parties interested in or affected by this Ordi- nance. WHEREAS the vote of the Richnond City Plan Cmmission was eight (8) to three (3) in favor of recuauending the passage of Ordinance No. 38-1980. NOW THE=i a BE IT ORDATNED by the Como on Council of the City of RicL- =d, Indiana, as follows: SECTION 1. Ordinance No. 2440-1969, which authorized a Special Use for a Development Unit Project, :Ls hereby amended by deleting the follm" ing described real estate situated in the City of Richmond, Wayne Ccgmty, Indiana,. from the approved -project area: ORDINANCE Na. 38-1980 Page Two part of the Southeast Quarter of Section 20, Township 14 North, Range 1 West in Wayne County, Indiana, being more particularly described as follows. Commencing at the Northeast corner of said Southeast Quar- ter; thence South 89 degrees 59 minutes 14 seconds West 755.00 feet along the North line of said Southeast Quar- ter to the POINP OF BEGLMX OF THIS -DESCRIPTION; said point also being the Northwest corner of Tat #3 in the Executive Manz' Office Park; thence South 0 degree 00 minutes 00 seconds West and parallel with the Fast line of said Southeast Quarter and along the West line of said Office park, 426.00 feet to the North line of Winding Ridge Apartments, Phase 1 as recorded in Plat Book 12, page 121 in the Office of the Recorder; thence South 89 degrees 59 minutes 14 seconds West and parallel with the North line of said Southeast Quarter 44.00 feet to the Northwest~ corner of said Winding Ridge Apartments; thence South 0 degree 00 minutes 00 seconds West and parallel with the Fast line of said Southeast Quarter and along the West line of said Winding Ride Apartments 448.41 feet; thence South 89 degrees 58 minutes 12 seconds WesC 845.51 feet, said point being 99 213 rods (1644.51') West of the East line of said Southeast Quarter and 53.01 rods (874.67') south of the North line of said Southeast Quarter; thence North 0 degree 00 minutes 00 seconds East and parallel with the East line of said Southeast Quarter 874.67 feet to the North line of said southeast Quarter; thence North 89 degrees 59 minutes 14 seconds East upon and along the North line of said Southeast Quarter 889.51 feet to the POINT OF BEGINNnU, containing 17.401 acres mare or less. Subject to a 25-foot Sanitary Sewer Easement as recorded in Deed Book 124, page 476 in the office of the Recorder of Wayne County, Indiana. SECTION 2. The real estate described above in Section 1 of this Ordinance is and the same is hereby authorized a Special Use for a Residen- tial Development Unit Project. SECTION 3. As a condition of being granted the Special Use and as an addi- tional restriction on said use, the following requirements shall hereafter and at all times be met by the owner of said real estate: a. Prior to the issuance of an Improvement Location Permit, the owner shall dedicate to the City of Ridmymd right--of-way for the cul-de-sacs terminating Winding Ridge Drive and Dillon Drive. The owner shall construct cul-de-sacs within said right-of-ways to be compatible with the City street standards and subject to Board of 4orks approval and acceptance of adequate surety to guarantee the construction of said improvements- b. Prior to the issuance of an Improvement location Permit, the owner shall grant to the City of Ri.chrond a 50-foot easement for the construction of a future street extending south off the Winding Ridge Drive cal -de -sac to the southern property line. c. Prior to the issuance of an Improvement Location Permit, con- struction plans for the private sanitary sewer must be submitted to the State Board of Health for their approval. d. The site plan, landscape plan, construction drawings aid detail sheets accornpin anyg the petition shall be marked Exhibit "A" and made a part of this Ordinance authorizing the Special i7se. e. Prior to the issuance of a Certificate of Occupancy, the owner shall execute and record all necessary public utility easeuents. f : The ovrshall erect a safety fence around the, stormwater detention area on a line no lower than the 1055.elevation as shmm on the topography map. ORDTISA E NO. 38-1980 Page Three SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval as by Law required. PASSED AND ADOFTED by the Cannon Council of the City of richrond, Indiana, this Zf day of 1980, ATTEST: QCi cr �r PRESENTED by use to t? e Mayor of the City of Ridn ond, Indiana, this day of 1980, Ci er APPRO`IF.D by me, Cliffprd J. Di c n, Nayor of the City of Ricbmnd, Indiana, eii.soday of 1980. i++1a ATTEST: Ci k CITY PLAN COMMISSION RICHMOND, INDIANA April 30, 1980 Mr. Kenneth Paust, President Members of C.oQmon Council and Mrs. JOEllen Trimble, city Clerk Municipal Building Richmond, Indiana 47374 Re: ordinance No. 38-1980 Plan Commission Case PC-80-11 Dear mr. Paust., Members of Comm Council and Mrs. Trimble: The Richmond City Plan Commission conducted a public hearing on Tuesday, April 22, 1980, on the petition of Midwest Investment & Development/Willis P. Lingle, 801 North W Street, requesting Special Use authorization for a Residential Development Unit Pro- ject on 17.401 acres located inmediately west off of Winning Ridge - and Dillon Drives.. The subject 17.401 acres is presently a part of a Development Unit Project approved in 1969 through Ordinance No. 2440-1969. The petitioner desires to amend Ordinance No. 2440-1969 by deleting the 17.401 acresfrom the project area approved through Ordinance No. 2440-1969 so that a separate Development Unit Project may be proposed and considered on its own merits. The proposed project is a.multi-family development consisting of 106 dwelling units. Four (4) notices of public hearing were sent to adjoining property owners with none returned. No one spoke in opposition to the request at the public hearing.. The Plan Commission voted eight (8) to three (3) to recommend that Ordinance No. 38-1980 be forwarded to Common Council with the condi- tions as written in. Section 3 of the Ordinance and with a recamenda- tion for approval. Respectfully submitted, DEPAPG= CITY Robert E. Goodwin Executive Secretary City Plan Commission Ivl it l a a w I OJ • DD •. 7 uq sr ' � O r1 11 E a +' N O N- Q �O N Vl N d N N w a! d a O a .-I W �1 a al of LJ ? 5• cl W O ba U P. M U O- d w rk d 0 c N A N 7 3 H LO r 1 : ii