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Home My Public Portal About047-1981 - Zoning - Special Use - S. L - Nursing Care FacilityAMENDED ORDINANCE NO. 47-1981 AN ORDINANCE AUTHORIZING FINAL APPROVAL OF PHASE I OF A DEVELOPMENT UNIT PROJECT AND ALSO AUTHORIZING A SPECIAL USE FOR A NURSING CARE FACILITY ON PROPERTY GENERALLY LOCATED SOUTH OF SOUTH "L" STREET, EAST OF SOUTH SIDMENIH STREET, NORTH OF WERNfE HOME AND WEST OF PROPOSED SOUTH EIGHTEENTH PARKWAY, ALL PURSUANT TO ARTICLES 48 AND 45 OF CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325- 1968 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE = OF RICHMND, INDIANA. WHEREAS, pursuant to Article 48 and 45 of Chapter 154 of the Municipal Code, the Richmond City Plan Commission has conducted a public hearing on the preliminary plan of the subject Development Unit Project and made the following findings: 1. It complies with the Comprehensive Master Plan for the City of Richmond. 2. It will not adversely affect neighboring property. 3. It is at a location where traffic congestion does not exist at present on the streets to be utilized in con- junction therewith; undue congestion is not likely to be created 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 cir- culation, 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 adjoining or surrounding existing or potential developments. 5. The site for the subject Development Unit Project is zoned R-2 Single -Family Residence District and is appropriate for the development proposed in Phase I of the Project. Subsequent development of Phases II and III of the Project will necessitate zoning changes that are deemed compatible with surrounding land uses. 6. The Richmond City Plan Commission is satisfied the pro- ponents of the Development Project intend to complete the project within a reasonable time. 14M?EAS, pursuant to Article 48 of Chapter 154 of the Municipal Code the Richmond City Plan Commission has made the following find- ings regarding the authorization of a Special Use for the subject nursing care facility. The proposed nursing care facility will serve the public convenience at the subject location. 2. The project is so designed and proposed to be operated that the public health, safety and welfare will be pro- tected. The proposed nursing care facility will not cause sub- stantial injury to the value of adjoining property. WHEREAS, it is the intent and purpose hereof to authorize a Special Use and final approval for Phase I of a subject Development Unit Project, said Phase I being a nursing care facility; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the 23rd day of June, 1981, at which time re- monstrances were heard from all parties interested in or affected by this Ordinance. ORDINANCE NO. 47-1981 Page 2 WHEREAS, the vote of the Richmond City Plan Conmiission was six (6) to one (1) in favor of recommending the passage of Ordinance No. 47-1981. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Rich- mond, Indiana as follows: SECTION 1, The real estate described below situated in the City of Richmond, Wayne County, Indiana is and the same is hereby authorized a Special Use and Final Approval for Phase I of a Development Unit Project, said Phase I being a nursing care facility. Being a part of the Northeast Quarter of Section 9, Township 13 North, Range 1 West in the City of Richmond, Wayne County, Indiana, and being more particularly described as follows: Beginning at a point on the north line of the Northeast Quar- ter of said Section 9, said point being 180.00 feet north 89 degrees and 15 minutes east of the northwest corner of said Northeast Quarter, and running thence, from said beginning point, continuing north 89 degrees and 15 minutes east, along the said north line, 15.00 feet to a point; thence south 0 degrees and 03 minutes east, parallel to the west line of said Northeast Quarter, 275.20 feet to a point; thence south 90 degrees and 00 minutes east, 525.43 feet to a point on a curve in the west line of the proposed South 18th Parkway; thence southeastwardly along a 1109.66 foot radius curve to the left, an arc distance of 50.53 feet to a point in said curve; thence north 90 degrees and 00 minutes west, 297.71 feet to a point; thence, south 0 degrees and 03 minutes east, parallel to the west line of said Northeast Quarter, 450.00 feet to a point; thence north 90 degrees and 00 minutes west, 250.00 feet to a point; thence north 0 degrees and 03 minutes west, parallel to the west line of said Northeast Quarter, 775.00 feet to the place of beginning, containing an area of 3.302 acres. SECTION 2, As a condition of the aforesaid 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 preliminary plan of the Development Unit Project shall be re- vised and submitted to the Richmond City Planning Department for approval. b. The revised preliminary plan of the Development Unit Project accompanying the petition shall be marked Exhibit A and made a part of this Ordinance. c. The Special Use and final approval authorization for Phase I of the Development Unit Project shall be considered null and void unless construction of said Phase I begins within one (1) year of the date of adoption of this Ordinance. d. The petitioner shall construct proposed South 18th Parkway to a point twenty-five (25) feet south of the south line of the access drive serving the nursing care facility. Said South 18th Parkway to be constructed jointly with the City of Rich- mond and to be compatible with City street standards subject to the approval of the Board of Public Works and Safety and acceptance by said Board of adequate surety to guarantee the construction of such improvements. ORDINANCE M. 47-1981 Page 3 e. Prior to the issuance of an Improvement Location permit, a sanitary sewer easement, satisfactory to the Richmond Sanitary District, shall be executed and recorded. f. Prior to the issuance of an Improvement Location permit, a detailed site drainage plan shall be prepared and sub- mitted to the City Engineer for approval. SECTION 3. 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 Cocoon Cc, �mcil of the City of Richmond, Indiana, this day of '/ 1981. President of Common Council ATTEST; City Clerk PRESENTED by me to the,14ayor of the City of Richmond, Indiana, this day of 1981. City Clerk APPROVED by me, Clifford J. Dickman, Myor of the City of Richmond, Indiana day of this 1981. Mayor ATTEST: City Clerk CITY PLAN COMMISSION RICHMOND, INDIANA 14up July 3, 1981 Mr. Kenneth Mills, President Members of Common Council & Mrs. JoEllen Trimble, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 47-1981 Dear Mr. Mills, Members of Common Council & Mrs. Trimble: The Richmond Plan Commission conducted a public hearing on P.U.D.-81-3, a request for Preliminary approval for a De- velopment Unit Project and final approval and Special Use on Section I of said project, on Tuesday, June 23, 1981. All individuals in attendance were given an opportunity to speak for or against the petition. After lengthy discussion, the Commission voted six (6) to one (1) to grant preliminary approval to the entire project and to recommend an Ordinance to Council granting final approval for Phase I of the project and permitting a Special Use for a nursing home to be constructed. The Plan Plan Commission's recommendations for approval carried the following conditions: 1. Prior to the issuance of an Improvement Location Permit the preliminary plan of the development unit project shall be revised and submitted to the Plan Depart- ment for approval. 2. The revised preliminary plan of the De- velopment Unit Project accompanying the petition shall be marked Exhibit "A" and Phase I made a part of Ordinance No. 47-1981. 3. The Development Unit Project and Special Use shall be declared null and void unless construction begins within one (1) year of the date of adoption of this Ordinance. 4. The petitioner shall construct proposed South 18th Parkway to a point twenty-five (25) feet south of the south line of the MR. Kenneth Mills, President Members of Common Council Ordinance No. 47-1981 July 3, 1981 Page 2 access drive serving the nursing care facility. The street is to be con- structed to City standards subject to the approval of the Board of Public Works and Safety and acceptance by said Board of adequate surety to guarantee the construc- tion and performance of such improvements. 5. Prior to the issuance of an Improvement Location Permit, a sanitary sewer ease- ment, satisfactory to the Richmond Sanitary District, shall be executed and recorded. 6. Priori to the issuance of an Improvement Location Permit, a detailed site drainage plan shall be prepared and submitted to the City Engineer for approval. Twelve (12) letters were mailed to adjoining property owners; one (1) was returned in favor of the project and none in oppo- sition. Mr. Sam Knobler, Administrator of the Golden Rule Nursing Home, and Mr. Jim Carter, Administrator of Heritage House Nursing Home, spoke in opposition to the request. Mr. Herbert Hayes, 1213 South 20th Street, spoke on his concerns about storm water runoff and the need to rebuild South 20th Street. Respectfully submitted, C TY PLAN COMMISSION xeae&,� Ile� Robert B. Goodwin Executive Secretary /vl .. � � i� l r I �/ � 1, { �,' i �: ... � � �1 .._ ... � ... ........ i7 j `� _ r .. �.i .. _ � �.. �, � '�. .. ` ti �`1 r-, VISTA PINES NURSING HOME BONDHOLDERS Principal & Interest Assigns Financing Agreement TRUSTEE Trust Indenture Principal & Note, Mortgage City of Interest & Assessment of Richmond Wernle Children deed of HEALTH CARE Financing Agreement Home Innrl Lease of Project (with option to buy) VISTA PINES Agency Agreement SYNCOM Management Contract(with CARE CENTERS Subcontract WOLFE INDUSTRIES CONSTRUCTION CO. Principal & Interest Wernle Children's deed of Home VISTA PINES NURSING HOME BONDHOLDERS Principal.& Interest Assigns Financing Agreement TRUSTEE Trust Indenture Note, Mortgage City of & Assessment of Lease Richmond HEALTH CARE f Financing Agreement FUND T--- Lease of Project (with option to buy) VISTA PINES Agency Agreement SYNCOM Management Contract kwith CARE CENTERS Subcontract WOLFE INDUSTRIES CONSTRUCTION CO.