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Home My Public Portal About037-1983 - Amending Chapter 154 - Zoning - 1923 Chester BlvdGENERAL ORDINANCE NO. 37-1983 AN ORDINANCE 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 1923 CHESTER BOULEVARD FROM R-3 ONE -TO -EIGHT FAMILY RESIDENCE DISTRICT TO C-1 SU LIMITED COMMERCIAL SPECIAL USE DISTRICT AND AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A COMMERCIAL DEVELOPMENT UNIT PROJECT. WHEREAS, the Zoning Map which is part of Ordinance No. 2325-1968 designates and describes as R-3 One -to -Eight Family Residence District the property located at 1923 Chester Boulevard; and, WHEREAS, it is the intent and purpose hereof to change the zoning classification of said property from R-3 One -to -Eight Family Residence District to C-1 SU Limited Commercial Special Use District and to authorize the Special Use of said property as a commercial development unit pro- ject; and, WHEREAS, purusant 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 Development Unit Project; and WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the 26th day of July, 1983, 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 eight (8) to one (1) in favor of recommending the passage of Ordinance No. 37-1983. 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 de- scribed below, and the same is hereby changed to C-1 SU Limited 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 with: Located in the southwest charter of Section 21 and the northwest quarter of Section 28, both of Township 14 North, Range 1 West, City of Richmond, Wayne County, Indiana, being all the land conveyed to Gerald L. Ackerman by deed recorded in Deed Book 412, page 491 of the Wayne County Deed Records, and being more particularly described as follows: Beginning at a chisel mark in the concrete median divider of Chester Boulevard at the southwest corner of said Section 21; thence with the west line of said Section 21, Due North for 164.33 feet to a point; thence South 89 degrees 38 minutes 50 seconds East for 314.00 feet to an iron pipe found; thence North 0 degrees 25 minutes 50 seconds East for 73.00 feet to an iron pipe found; thence North 89 degrees 41 minutes 30 seconds East for 492.00 feet to an iron pipe found in the west line of Oak Park IV subdivision as recorded in Plat Book 11, page 418 of the Wayne County Plat Records; thence with the said west line of Oak Park IV, South 0 degrees 49 minutes 30 seconds East for 243.53 feet to an iron pin set at a corner of said Oak Park IV and in the south line of said Section 21; thence with a south line of said Oak Park IV and the south line of said Section 21, South 89 degrees 37 minutes 16 seconds East for 281.88 feet to an iron pin found at a corner of said Oak Park IV; thence with a west line of said Oak Park IV, South 0 degrees 04 minutes 34 seconds West for 165.24 feet to an iron pipe found; thence North 89 de- grees 36 minutes 36 seconds West for 1091.82 feet to a point in the west line of said Section 28; thence with the [west line of said Section of said Section 28, Due North for 165.14 feet to the point of beginning; containing 8.055 acres and subject to all easements, restrictions and legal highways of record. SECTION 2. That as provided in Articles 30, 45 and 48 of Chapter 154 of the Minicipal 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. 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. The subdivision record plan depicting the project boundary and necessary easements shall be marked Exhibit B and made a part of the Ordinance. C. The land use permitted within the Commercial De- velopment Unit Project shall be limited to medical, dental, administrative and professional offices. d. Where the Development Unit Project adjoins lots 110 and 111 in the Oak Park Subdivision there shall be established a 100 foot setback from the east property line of the project. This setback area shall be left in its natural state to serve as a buffer area. No building, construction or other type of development shall occur on lot #7 without the prior approval of Common Council and the Rich- mond City Plan Commission. e. Where the Development Unit Project adjoins lots 105, 106 and 107 in the Oak Park Subdivision there shall be established a planting and landscape area to serve as a buffer to effectively screen the pro- ject from adjoining property. f. The two (2) eastern most parking spaces shown on the site plan for the parking lot on lot #6 shall be eliminated so that an additional nine (9) feet may be provided for landscaping and screening. SECTION 4. That pursuant to Article 45.051 of Chapter 154 of the Municipal Code, the minimum distance a building may be located from any property boundary shall be re- duced from 50 feet to 20 feet in only those instances as shown and in accordance with the Site Plan, Exhibit A of this Ordinance. SECTION 5. 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 Councj4 of the City of Richmond, Indiana, this,: day of 1983. i ( President of Common Council ATTEST: * C�L.,,_. Ci Clerk PRESENTED by me to the Maydl- of the City of Richmond, Indiana, this -'-j,'_day of — 4LL �� 1983. Ci Clerk APPROVED by me, Clifford J. gickman, Mayor% of the City of Richmond, Indiana, this day of _ 1983. gC1' ord J. Dickman 1 ATTEST )�sz-• City Clerk C� i pis '_a- .✓ s. � I � f" a CITY PLAN COMMISSION RICHMOND, INDIANA 1-46PO- July 27, 1983 Mr. Kenneth Mills, President Members of Common Council and Mrs. JoEllen Trimble, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 37-1983 Plan Commission Case No. PUD-83-5 Dear Mr. Mills, Members of Common Council and Mrs. Trimble: The Richmond City Plan Commission conducted a public hearing on Tuesday, July 26, 1983, on the petition of Gerald L. Ackerman, Owner, Gregg O'Maley and Thomas Winemiller, Agents; requesting a rezoning from the R-3 One -to -Eight Family Residence District to C-1 SU the Limited Commercial Special Use District and requesting that a Special Use be granted for a Commercial Development Unit Project on property located at 1923 Chester Boulevard. The proposed project is an office development consisting of eight (8) lots. Eleven (11) notices of public hearing were sent to surrounding property owners with one (1) returned in favor of the project and zero (0) returned in opposition to the project. During the public hearing one person spoke in opposition to the request. The Plan Commission determined the proposed project meets or exceeds all the require- ments of the Zoning Ordinance and, therefore, voted eight (8) to one (1) to recommend that Ordinance No. 37-1983 be approved as written with the conditions in Section 3 of the Ordinance. Respect �llyy submitte , Robert B. Goodwin Director DEPARTMENT OF CITY PLANNING RBG/mm