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HomeMy Public PortalAbout040-1983 - Amending Chapter 154 - Zoning - 2101 and 2108 Chester BlvdGENERAL ORDINANCE NO. 40-1983 AN ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDI- NANCE NO. 2325-1968, COMMONLY IfNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR THE REZONING OF PHASE I OF A DEVELOPMENT UNI!. PROJECT LOCATED AT 2101 AND 2105 CHESTER BOULE- VARD FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO C-2 SU COMMERCIAL SPECIAL USE DISTRICT AND AUTHORIZING THE SPECIAL USE OF SAID PHASE I AS A COMMERCIAL DEVELOPMENT UNIT PROJECT. WHEREAS, the Zoning Map which is part of Ordinance No. 2325-1968 designates and describes as R-2 Single Family Residence District the property located at 2101. and 2105 Chester Boulevard; and, WHEREAS, it is the intent and purpose hereof to change the zoning classification of said property being Phase I of a Develop- ment Unit Project from R-2 Single Family Residence Dis- trict 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, pursuant to Articles 45 and 48 of Chapter 154 of the Muni- cipal 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, 1,7HEREAS, the vote of the Richmond City Plan Commission was eight (8) to one (1) in favor of recommending the passage of Ordinance No. 40-1983. 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 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. The following described real estate situated in the City of Richmond, Indiana, to wit: 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 tracts of 5 acres, 5.417 acres, and 4 acres, described in Deed Records Volume 188, Page 513, Volume 169, Page 432, and Volume 205, Page 508, 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 cor- ner of said quarter; thence South 0° 00' 00" East along the west line of said quarter and along said street, 1307.87 feet to a '+' cut in said median, being the northwest corner of said 5 acre tract and the southwest corner of a 4.5 acre tract described in Deed Records Volume 300, Page 557, being also the TRUE POINT OF BEGINNING for the tract herein described, witness an iron pin set North 89' 50' 13" East 45.00 feet; thence North 89' 50' 13" East along the north line of said 5 acre tract 377.00 feet to an iron pin set; thence south 0' 00100" East along a new division line 259.61 feet to an iron pin set on the north right-of-way line of proposed Engel Drive; thence North 89' 50' 13" East parallel with said north line and along said right-of-way line 253.07 feet to a point, being the beginning of a curve, tangent, con- cave northwesterly, and having a radius of 25.00 feet; thence continuing along said right-of-way line north- easterly along said curve through a central angle of 89' 50' 13", an arc distance of 39.20 feet to a point tangent, being also on the west right-of-way line of a proposed future street; thence North 0° 00' 00" East along said west right-of-way line 234.68 feet to an iron pin set on the north line of said 5 acre tract; thence North 89' 50' 13" East along said north line 50.00 feet to a point on the east right-of-way line of said future street; thence South 0° 00' 00" East along said east right-of-way line 475.61 feet to a point on the south line of said 4 acre tract, being also the north line of a 4.0 acre tract de- scribed in Deed Records Volume 354, Page 592; thence South 89' 50' 13" West along said south line 50.00 feet to an iron pin set on the west right-of-way line of said future street; thence North 00 00' 00" East along said west line 130.93 feet to a point, being the beginning of a curve, tangent, concave southwesterly, and having a radius of 25.00 feet; thence continuing along said right-of-way line northwesterly along said curve, through a central angle of 90' 09' 47", an arc distance of 39.34 feet to a point tangent, being also on the south right-of-way line of said proposed Engel Drive; thence South 890 50' 13" West alona said right-of-way line 384.93 feet to an iron pin set; thence South 0° 00' 00" East along a new division line 156.00 feet to an iron pin set on the south line of said 4 acre tract described in Volume 205, Page 508; thence South 89' 50' 13" West along said south line 245.00 feet to a '+' cut in said median at the southwest corner of said 4 acre tract and in Chester Boulevard, witness an iron pin set North 890 50' 13" East 50.00 feet; thence North 0° 00' 00" East along the west lines of said 4, 5.417, and 5 acre tracts and along Chester Boulevard 475.61 feet to the point of beginning, containing 4.58 acres, more or less, being subject to legal highways and other 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. As a condition of the aforesaid Special Use and as an additional restriciton on said use, the following require- ments shall hereafter and at all times be met by the owner of said real estate: 1. The site plan accompanying the petition shall be marked Exhibit A and made a part of the Ordinance, and the record plan depicting the project boundary and necessary easements shall be marked Exhibit B and made a part of the Ordinance. 2. The owner shall agree to either secure the ease- ments necessary for the provision of sanitary sewers to the rear of the project being that area designated for residential development, or con- struct a lift station or other approved sewage disposal facilities in accordance with the stand- ards and specifications of the Richmond Sanitary District within five (5) years of the date of final approval of Phase I of the project. 3. Prior to the issuance of a Certificate of Occupancy for Phase I of the project, the owner shall con- struct the proposed east -west street in accordance with City Street Standards. 4. Prior to an Improvement Location Permit being granted, the owner shall accomplish the follow- ing: a. All street rights -of -way proposed in the Commercial Development Unit Project shall be dedicated to the City of Richmond. b. A detailed site drainage plan for the entire drainage area in which the project is located shall be submitted to the City Engineer's office for approval. C. The performance bond shall be approved by the City Attorney and submitted to the City Plan- ning Director. 5. A building setback line of 125' off of the center line of Chester Boulevard and north of the east - west street shall be established within the Com- mercial Development Unit Project. 6. The construction of the proposed north -south street may be phased, and shall be an integral part of the residential development within the project. PASSED AND ADOPTED by the,Common Council of the City of Richmond, Indiana, this day of 1c4 t r�., f 1983. IA President of Common Council 1� ATTEST:. City -Clerk PRESENTED by me $o the Mayor of the Xity of Richmond, Indiana, this (, G-41 day of � f'- w�-�_ 1983. City perk APPROVED by me, Clifford J. Dickman, Mayor of the City of Richmond, Indiana, this (•. ZA day of1983. -�� Mayor C or J. Dickman ATTEST: Cit" Clerk CITY PLAN COMMISSION RICHMOND, INDIANA 1.0ew August 31, 1983 Mr. Kenneth Mills, President Members of Common Council and Mrs. JoEllen Trimble, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 40-1983 Plan Commission Case No. PUD-83-6 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 Bartlemay Realty, Inc., Owner, Douglas Kramer, Agent; re- questing for Phase I of a Development Unit Project a rezoning from the R-2 Single Family Residence District to C-2 SU the Commercial Special Use District and request- ing that a Special Use be granted for a Commercial Development Unit Project on pro- perty located at 2101 and 2105 Chester Boulevard. Phase I of the proposed project consists of two (2) commercial structures which propose to house a bank and a drug store. Later phases of the project will include multi -family residential development. Eleven notices of public hearing were sent to surrounding property owners with one (1) 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. 40-1983 be approved as written with the conditions in Section 3 of the Ordinance. Respectfull submitte o ert B. Goodwin Director DEPARTMENT OF CITY PLANNING RBG/mm Land Surveys KRAMER & ASSOCIATES Topographic Surveys OHIO — INDIANA and Mapping Surveyors, Planners & Design Consultants Control Surveys 1700 W. Winnerline Rd. Special Geodetic and Precise Surveys EATON, OHIO 45320 Special Surveys of Disputed Boundaries 513-456-6912 Eaton, Ohio Construction Layout and Supervision To: Members of the Common Council of the City of Richmond Others Whom it may Concern Re: Chester Boulevard Development by Victor Bartlemay--Phase I Land Development Planning & Design Zoning -Planning Proposals Residential, Commercial Industrial, Municipal Street, Highway, and Utility Systems Site Planning Drawings, Plans, Lay- outs, Specifications Aug. 30, 1983 Traffic, Parking, Sanitary, and Drainage Considerations The following is offered as a narrative explanation to aid in understanding of design considerations in the proposed development: TRAFFIC Local: Engel Drive, the proposed east -west street serving this develop- ment, will be constructed 40 feet wide, allowing more than ample capacity for the 4 or 5 commercial uses, and the resi- dential use, which it will serve. Also, a future right-of- way is dedicated at the east end of this street to access local areas north and south, if so required. Access to Site: The two proposed commercial sites in this Phase I (proposed drug store site, northeast corner of Chester Blvd./Engle Drive intersection; proposed bank site, southeast corner of intersection) will have drives onto Engel Drive only, thereby minimizing traffic interruptions on Chester Boulevard. Northbound Chester Blvd. traffic will have an easy right turn onto Engle Drive, while the flow of southbound traffic into the large drug store site will be aided in the future by the proposed traffic signal and access drive to be constructed as part of the planned Industries Road intersection area. Allowance has been made in this Phase I for the access road to enter onto this tract, as evidenced by the larger front yard set -back proposed. Chester Blvd.--Bartlemay, cont'd. Page 2 of 3 PARKING Parking areas, relative to building floor space plans, are designed to substantially exceed the minimum off-street parking requirements of Article 45, Development Unit Projects, of the City Zoning Ordinance. SANITARY SEWERS The two proposed tracts within this Phase I are located so as to allow building sewers to drain west to the existing sanitary sewer main which is located just east of Chester Boulevard. Written approval from the Richmond Sanitary District has been obtained for these sewer laterals. Sanitary sewer design for the future tracts to the east along Engle Drive, which are not included in this Phase I Development, will be addressed in the future, pending resola- tion1of easement access to the existing sanitary sewer in Stoneybrook Lane, to the southeast, which sewer will serve this future area by gravity flow, avoiding the operational costs and continued maintenance of a lift station in the eystem. STORM DRAINAGE T e storm drainage system in this Phase I has been designed to significantly reduce the storm water run-off rate from that now existing in the undeveloped state, and to control the post -development run-off rate from the site to that reduced overall rate. The run-off rate for a 100-year storm (having a 1% chance of occurring in any given year) prior to development is 5.12 cubic feet of water per second. The run-off rate for this project after development, for the same 100-year storm, will be only 2.96 cubic feet per second, in keeping with the City Engineer's requirement of reduction of run-off down to that of a 5-year storm. This amounts to a 42% decrease in the run-off to downstream areas. This run-off rate reduction will be accomplished by the installation of storm water detention basins at 2 different sites on the project. These will be "dry ponds" which will temporarily detain the water and release it at a slow, pre- determined rate. One makes use of the parking area on the proposed bank site south of Engel Dr., at Chester Boulevard. This basin serves only this proposed bank site, with the re- duced flow draining into the existing storm sewer system along Chester Boulevard. State approval has been received for this use. The second and major basin is located southeast of the temporary cul-de-sac at the east end of Engle Drive. Chester Blvd.--Bartlemay, cont'd. Page 3 of 3 This basin serves the remainder of the Phase I project, and will be only 2 1/2 feet deep for a short time in the event of the above described 100-year storm. This basin is designed to dram completely dry after releasing its water from each individual storm. Prepared by: Kramer and Associates Douglas E . gamer Aug. 30, 1983