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Home My Public Portal About055-1981 - Zoning - Special Use - Residential Development Unit Project North of Hayes ArboretumSPECIAL ORDINANCE NO. 55-1981 AN ORDINANCE AUTHORIZING A SPECIAL USE FOP. A RESIDENTIAL DEVELOPMENT UNIT PROJECT LOCATED EAST OFF OF GREENBRIER DRIVE AND NORTH OF THE HAYES ARBORETUM PURSUANT TO ARTICLES 48 AND 45 OF CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968 CONMNLY KNOWN AS THE ZONTIrG ORDINANCE OF THE CITY OF RICHMOND, INDIANA. WHEREAS, pursuant to Article 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 Residential Development Unit Project and made the following findings: 1. It complies with the Comprehensive Plan for the City of Richmond, Indiana. 2. It will not adversely affect adjacent properties. 3. It will not create undue traffic congestion. 4. The plans provide for integrated, attractive and harmonious design of infrastructure. 5. The proposed development site is zoned R-4 multi- family district and is appropriate for the develop- ment proposed. 6. The Plan Commission is satisfied that the proponents of the development project intend to complete the project within a reasonable time. WHEREAS, it is the intent and purpose hereof to authorize a Special Use for a Residential Development Unit Project on the property more particularly described below; and, WHEREAS, a study of this Ordinance was conducted by the Richannd City Plan Commission the 28th day of July, 1981, at which time the remonstrances were heard from all parties interested in or affected by this Ordinance. WHEREAS, the vote of the Richmond City Plan Commission was seven (7) to zero (0) in favor of recommending the passage of Ordinance No. 55-1981. 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 for a Residential Development Unit Project. Located in the southwest quarter of Section 35, Township 14 North, Range 1 West, City of Richmond, Wayne County, Indiana, being all the land conveyed to Louis M. and Elaine P. Jaffe by deed recorded in Deed Book 356, page 388 of the Wayne County Deed Records, and being more particularly described as follows: Beginning at an iron pipe in the south line of the said Jaffe tract, said pipe being located Due South 836.15 feet, thence Due East 200 feet, and thence North 45 degrees 6 minutes East a distance of 495 feet from the northwest corner of the south- west quarter of said Section 35; thence from said iron pipe, North 29 degrees 24 minutes 00 seconds West for 111.65 feet to an iron pipe; thence South 62 degrees 28 minutes 50 seconds West for 163.35 feet to a point in the south line of Country Club Lane as shown in Plat Book 10, page 182 of Wayne County Plat Records; thence with the south line of Country Club lane on a curve to the left for an arc distance of 30.30 feet, said ORDINANCE NO. 55-1981 Page 2 curve having a radius of 999.92 feet, a central angle of 1 degrees 44 minutes 11 seconds, and whose tangent at the point of curvature bears North 37 degrees 56 minutes 11 seconds East; thence continuing with the south line of Country Club Lane, North 36 degrees 12 seconds East for 9.81 feet to the east line of Greenbrier Drive; thence with the east line of Greenbrier Drive, Due North for 361.43 feet to the southwest corner of Country Club Hills, Fourth Addition ws recorded in Plat Book 10, page 310 of the Wayne County Plat Records; thence with the south line of said Country Club Hills, Fourth Addition, Due East for 480.00 feet to an iron pipe at the southeast corner of said Country Club Hills, Fourth Addition; thence Due South for 112.00 feet; thence South 45 degrees 06 minutes 00 seconds West for 429.70 feet to the point of beginning; containing 3.28 acres and subject to all easements and restrictions of record. 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. The site plan, construction drawings and detail sheets accompanying the petition shall be marked Exhibit "A" and made a part of this Ordinance. B. The Special Use authorization shall be considered null and void if construction has not started within one (1) year of the date of approval of this Ordinance. C. The petitioner shall cut and sod a swale and install a storm sewer along the common property line adjoining Lots 22, 23 and 24 in the Country Club Hills Addition prior to any excavation on the project. D. Prior to the issuance of an Improvement Location Permit, the petitioner shall execute and record all necessary public utility easements. 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 Common C c11 of the City of Richmond, Indiana, this - day of , :4141'_�.-L - , 1981. President of Common Council ATTEST City Clerk PRESENTED by me to the_..Mayor of the City of Richmond, Indiana, this day of _ .. T-- 1981. �.<4.. -J, City�Clerk APPROVED by me, Clifford J. Dickman, Mayor of the City of Richmond, Indiana, this — day of 1981. C ATTEST: City Clerk CITY PLAN COMMISSION RICHMOND, INDIANA 1.06F'. July 30, 1981 Mr. Kenneth Mills, President Members of Common Council & Mrs. JoEllen Trimble, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 55-1981 Dear Mr. Mills, Members of Common Council & Mrs. Trimble: The Richmond City Plan Commission conducted a public hearing on June 23, 1981 for preliminary approval on PUD-81-4 and again on July 28, 1981 for final approval of PUD-81-4. The property is zoned R-4 Multi -Family Residential District and contains an area of 3.28 acres. The ground fronts on Greenbrier Drive for 361.43 lineal feet and has a depth of 480 lineal feet. The current land use is vacant ground. The property is bounded on the north, east and west by R-1 Single Family Districts, and on the south by 0-1 Greenbelt. Access to the property is proposed from Greenbrier Drive with all interior roads within the project proposed as pri- vate drives. All persons interested or affected by the petition were given an opportunity to speak. Three major concerns were expressed by the neighbors. One concern was their surprise that the property was zoned for multi -family housing, and that it was even in the City. Annexation of this area occurred in the mid '70's and the zoning classification dates back to the mid '60's. The second concern is the traffic problem at Elks Road and National Road East. The Plan Staff feels that this is more of a problem of traffic on East Main Street rather than Elks Road. In fact, our failure to obtain a traffic signal at this location is more of a result of too little traffic on Elks Road rather than too much. July 30, 1981 Mr. Kenneth Mills & Members of Common Council Re: Ordinance No. 55-1981 Page 2 The most lengthy discussions dealt with the water drainage problems above and beneath the ground surface. The proposed project is so engineered that surface waters will be directed onto Hayes Arboretum property in a manner suitable and agreed upon by the Arboretum. The balance of the surface water is directed into storm sewers to protect adjacent residential property from run-off. Subsurface water problems, i.e., high water table and under- ground springs, are development problems for the petitioner that must be handled as they occur. However, the Plan Commis- sion is satisfied that this project will not add to the problem of subsurface water but may, during the course of development, inadvertantly intercept the springs and possibly benefit ad- jacent properties by lowering the water table. The Commission voted seven (7) to zero (0) mending approval of PUD-81-4 and Ordinance Common Council with the conditions as shown nance. Respectfully submitted, CITY_ PLAN COMMISSION Robert B. Goodwin Executive Secretary / vl in favor of recom- No, 55-1981 to within the Ordi-