The URL can be used to link to this page

Home My Public Portal About2997-1975 - ORDINANCE AMENDING ZONING ORDINANCEORDINANCE NO. 2997-1975 AN ORDINANCE AMENDING ORDINANCE NO. 2325-1968 COMMONLY KNOWN -AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, ADOPTED JUNE 3, 1968,AND BEING AN ORDINANCE REZONING A PART OF THE NORTHEAST QUARTER OF SECTION NINE (9), TOWNSHIP THIRTEEN (13) NORTH, RANGE ONE WEST FROM R-2 (SINGLE FAMILY RESIDENTIAL) TO R-3 ( ONE TO EIGHT FAMILY RESIDENTIAL) CLASSIFICATION PROVIDING FOR A RESIDENTIAL DEVELOP MENT UNIT PROJECT PURSUANT TO ARTICLE 45 OF ORDINANCE 2325-1968, AND PROVIDING FOR A SPECIAL USE PURSUANT TO ARTICLE 48 OF ORDINANCE 2325-1968 COMMONLY CALLED THE ZONING.'ORDINANCE OF THE CITY OF RICHMOND, INDIANA APPROVED JUNE 3, 1968. BE IT ORDAINED by the Common Council of the City of Richmond, Indiana that: SECTION 1: 1) The following described real estate situated in the City of Richmond, Wayne County, Indiana: A part of the Northeast Quarter of Section Nine (9), Township Thirteen (13) North, Range One (1) West in the City of Richmond, Wayne County, Indiana more par- ticularly described as follows: Beginning at the intersection of the centerline of South 23rd Street and the centerline of Wernle Road in the City of Richmond. Thence west 1560 feet along the centerline of Wernle Road. Thence north at right angles to the centerline of Wernle Road 1150 feet. Thence east 1160 feet more or less to the west right of way line of South 22nd. Street. Thence south along the west right of way line of South 22nd Street 272 feet. Thence east 400 feet more or less to the centerline of South 23rd Street. Thence south along the centerline of South 23rd Street 903 feet more or less to the place of beginning containing 39.005 acres more or less. SUBJECT to all rights of way of record. is and the same is hereby rezoned from single family residential (R-2) classification to one to eight family residential (R-3) classification. SECTION 2.01 The real estate described below situated in the City of Richmond, Wayne County, Indiana A part of the Northeast Quarter of Section Nine (9), Township Thirteen (13) North, Range One (1) West in the City of Richmond, Wayne County, Indiana more particularly described as follows: Beginning at the intersection of the centerline of South 23rd Street and the centerline of Wernle Road in the City of Richmond. Thence west 1560 feet along the centerline of Wernle Road. Thence north at right angles to the centerline of Wernle Road 1150 feet. Thence east 1160 feet more or less to the west right of way line of South 22nd Street. Thence south along the west right of way line of South 22nd Street 272 feet. Thence east 400 feet more or less to the centerline of South 23rd Street. Thence south along the centerline of South 23rd Street 903 feet more or less to the place of beginning containing 39.005 acres more or less. SUBJECT to all right of way of record. is and the same is hereby classified as a Planned Unit Development Project, subject to the provisions of Article 45, Ordinance 2325-1968 relating to Residential Unit Development Projects as follows: SECTION 2.02 a.The name of the project shall be Vista Pines Residential Unit Devlopment Project. b.Vista Pines Residential Unit Development Project shall conform to the standards prescribed in ss 45.031 through 45.039 and 45.040 and 45.041 of Ordinance 2325-1968 as shown by copy of Land Use and Density Plan for Vista Pines Residential Unit Development Project, attached, marked Exhibit A and made a part of this Ordinance. SECTION 2.03 The Plan Commission and the Common Council make the following findings relating to Vista Pines Residential Unit Development Project: a. it complies.with the Comprehensive Master Plan for the City of Richmond; b. It will not adversely affect neighboring property; c. It is at a location where traffic congestion does not exist at present on the streets to be utilized in conjunction therewith. Undue congestion is not likely to be created as a result of this project. d. The Land Use and Density Plan provides for integrated and harmonious design of buildings, for adequate and properly' arranged facilities for internal traffic circulation, off-street parking and loading, landscaping 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. e. The site for Vista .Pines Residential Unit Development Project is an R-3 District appropriate for the develop- ment proposed. SECTION 2.04 The Plan Commission and the Common Council place the following` special conditions upon Vista Pines Residential Unit Development Project: a. Wernle Children's Home, Inc. shall file a petition for Planned Unit Development Project for the remaining 83 acres which it owns in the Northeast quarter of Section Nine (9), Township Thirteen (13) North, Range 1 West for review by the Plan Commission and Common Council 120 days after the Mayor approves this ordinance. b. No improvement location permit for any structure shall be issued until the following requirements are met for each Phase of Development shown on the Land Use and Density Plan: Wernle Children's Home, Inc. or its successor shall file an allocation Plan for each Phase. (1) The Plan Commission shall make an administrative review of the allocation plan for each phase, which shall include dimensions of proposed lots and structures and parking areas where applicable. The allocation plan for each phase shall be reviewed to determine compliance with buildable areas, land usage, density, open areas, parking areas, access and right-of-way provisions and other pertinent factors. (2) Wernle Children's Home, Inc. or its successor in interest shall obtain Board of Public Works and Safety Approval of drainage plans, access drives plans and specifications and right-of-way plans and specifications for each phase. (3) Wernle Children's Home, Inc. or its successor -in interest shall also obtain Wayne Sanitary District Commissioners approval of sewage plans for each phase. c. Wernle Children's Home, Inc. shall dedicate to the City of Richmond, Indiana, additional right-of-way for Wernle Road and South 23rd Street as shown on the Land Use and Density Plan within 120 days after the Mayor approves this ordinance. d.If Wernle Children's Home, Inc., _or its successors in title, fails to comply with any of the conditions set forth in this section, or with any requirements provided for -by Article 45 of Ordinance -No. 2325- 1968, or with any requirements provided for by the Plan Commission as condition of approval of any allocation : plan for any phase, this Ordinance shall be void. SECTION 3.01 The following described real estate situated within the real estate described in Section (1) above situated in the City of Richmond, Wayne County, Indiana: A part of the Northeast Quarter of Section Nine (9) Township Thirteen (13) North, Range One (1) East in the City of Richmond, Indiana, more particularly described as follows: Beginning at a point which is North 420 feet and west 1020 feet from the intersection of the centerline of South 23rd Street and from the intersection of the centerline of Wernle Road in the City of Richmond. Thence east 300+ feet. Thence north 55 degrees East 200+ feet. Thence North 45 degrees west 740+ feet to the centerline of an access drive. Thence west and southwest along the centerline of the access drive to a point 660 feet north and 1240 feet west of the intersection of the centerline of South 23rd Street and the centerline of Wernle Road. Thence south 45 degrees east 310 feet more or less to the place of beginning. is and the same is hereby classified as a Special Use pursuant to Article 48 0£ Ordinance 2325-1968 as follows: SECTION 3.02 a. The facility approved as a special use shall be a one hundred bed ICF nursing care center called Vista Pines Care Center. SECTION 3.03 The Plan Commission and Common Council make the following findings: a. Vista Pines Nursing Care Center is necessary for the public convenience at the location described above. b. Vista Pines Nursing Care Center is so designed, located and proposed to be operated that the public health, safety and welfare will be protected. c. Vista Pines Nursing Care Center will not cause substan- tial injury to the value of other property in the neighbor- hood in which it is to be located. SECTION 4. (See attached sheet - conditions) SECTION 5. This ordinance shall be effective upon passage by the Common Council and approval by the Mayor and publication as required by law. PASSED AND ADOPTED by the Common Counci of the City of Richmond, Indiana this day of 1975. Pr nt 6f Common COunci l Attest: City Cler PRESENTED to the Mayor o the City of Richmond, Indiana, this .%-64 day of 1975. City Cler APPROVED by the Mayor of the City of Richmond, Indiana this ' � day of , 1975. Mayor T ATTEST: City Cler ORDINANCE NO. 2997-1975 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, leasee or any person, firm or corporation using such real estate. a. The first five (5) units to be constructed by Wernle Children's Home, Inc., as shown on the allocation plan, may be built with a septic system approved by the City Engineer, the Board of Commissioners of Wayne Sanitary District, and by the Wayne County Health Department. b. A temporary access drive may be installed in the area shown on the allocation plan for Phase I, provided that the temporary access drive shall have a dust -free surface. C. The septic system provided for the first five (5) units shall be removed and all units connected to approved sanitary sewers prior to the issuance of improvement location permits for any additional structures in Phase I, d. The temporary access drive shall be removed and all units connected to the access drive system shown on the allocation plan prior to the occupancy of the next 15 units prescribed by the allocation plan. 50 North Fifth Street RICHMOND, INDIANA 47374 June 26, Z975 Mr. Greg Merehanthouse, President & Members of the Richmond Common Council & Mrs. Margaret Mellen, City Clerk Re: Ordinance No. 2997-1975, Plan Commission Case No. 10-1975, 2000 WernZe Road, Richmond, Indiana, requesting rezoning from R-2 to R-3 plus a Planned Unit DeveZopment approval for forty acres plus a Special Use for the nursing home facility. Dear President Merchanthouse, Council Members & Mrs. McZZen; The Richmond City Plan Commission held an informalhearingon May 27, 1975, at 7:30 p.m. in the Council Chambers of the Richmond Municipal Building on this request. At this time the Commissioners questioned Mr. Tom Reed, Agent for the petitioners and Mr. Kip SZodden, the developer of the project. On June 24, Z975, the pubZic hearing was held. At this time all parties interested in or affected by this petition were heard. Eight letters were mailed to adjoining property owners and none were re- turned. On this date, the Plan Commission voted six -to 0 to recommend approval of the amended petition to the Common Council with the attached conditions (see Exhibit A). It is important to note that Commissioners EZstro, Solomon and Van Pelt were not present at the meeting. Respectfully submitted, RICHM�ONDD PLAN OMMISS20N �i-�e see Robert B. Goodwin, Executive Secretary Richmond Plan Commission RBG/aa PETITION To REZONE DATE: April 17, 127,5�„�� To: RICWOND CITY PLAN COMNISSION STATE OF INDIANA ADDRESS .OF PROPERTY., a R` nd Indiana 4" 374 LEGAL (See Exhibit A) DESCRIPTION SIZE - X -- 39.005 acres SQ. FT. (AC) OWNER: Wernle Children's Home,Inc. ADDRESS:, 2000 Wernle Road, Richmond, Indiana 47374 DATE Prior to 1900 ACQUIRED: TELEPHONE PIo. 317-966-2506 AGEHr: ALtUrney at Law ADDRESS: 2 N. 8th St.Richmond ' ;Eeli6ama 473"4 -�.��_ TELEIPHONE W. 317-962.-1541 ZONE CLASSIFICATION: PRESENT R-2 REQUESTED R-3 PROPOSED USE: Apa_eLit and town houses for senior citizens develo ed in'clusters surrounding a central care facility. REASONS FOR REQUESTED REZONING I hereby verify that I am the legal owner of the above described property. I hereby deposa and say that all the above statements and the statements contained in all the exhibits transmitted herewith are true. Plan Commission meets on the WERNLE CHILDREN'S HOME, INC. fourth Tuesday of each month at _ 7:30 P. m. in the City Council Ey-5�= Chambers. The presence of the Ap icant rtorney gent) petitioner is mandatory at the public hearing. Four copies of this petition are RELLER, MENDENHALL, KLEINKNECHT & MILLIGAN to be riled with the Director of 2 North 8th St.,Richmond, Indiana 47374 Planning. Petitions shall be accompanied by the necessary Address plats which will show building stie and structures. A legal description is also necessary. Subscribed and sworn before me this 17 day of Apri1 , 19L.. / 'otary Public My Commission' expires _� �� -7 (1 DATE OF ACTION APPROVO DENIM DEPERRED FILED -------f1TY CLERK APR 18 1975