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Home My Public Portal About012-1994 -STRICKEN - REZONING - SOUTH 18TH AND I STREETSORDINANCE NO.12-1994 A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT SOUTH 18TH AND I STREETS WHEREAS the zoning map designates the northwest and northeast corners of the intersection of South 18th and I Streets as R-2 One Family Residence District, and WI -AREAS it is desirable to change the zoning designation to R-2 One Family Residence Special Use District to accommodate the installation of one family manufactured homes on 4 vacant building lots, NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the zoning designation for lots 42, 43, 44 and 45 in Fairfield Park First Addition to the City of Richmond, Indiana, be and is hereby changed to R-2 One Family Residence Special Use District to accommodate the installation of one family manufactured homes pursuant to Section 20.025 and in accordance with the provisions of Article 48 of the Zoning Ordinance. The site plan is attached as Exhibit A. _ Passed and adopted this day of , 1994, by the Common Council of the City of Richmond, Indiana. President (Larry Parker) ATTEST: ,City Clerk (Norma Carnes) PRESENTED to"the Mayor of the City of Richmond, Indiana, this day of 1994, at 9:00 a.m. ,City Clerk (Norma Carnes) APPROVED by me, Roger Cornett, Mayor of the City of Richmond, Indiana, this day of , 1994, at 9:05 a.m. (Roger Cornett) ATTEST: ,City Clerk (Norma Carnes) Mayor r� f, iie 77. � }�. � i�� ,� � -•.L�1 � Syr, ,�`3�¢ , � .,, �:`,- toy 11 hw {Y Y -_.- �� s �_ � �Sk � '*.�y � .-r sgsi �_� t/11•� 1: Q t i � - g no t�. i''nr a a_, � �_x��}.. f _ � kr Aviv- *Off oil P,�,s'MNrr'LJ4 r14 �. �� w•--�M 3";':.'N yw] * 4 ice,:_ �'^��f -. '; � r. � � } �� x '{� 'L T'rr 4 .� n'S'GN„� J 3''J �11 FL4.y+,► _ �- s7. �lP-_ imp ,; "� �.A. c3s � V h � ? �. ram-- _ 1 _ a _ � N• �yr ` -, 1 s.. � ' • i.- r' f w'� -+ _r„�, 1+. � '.'f �"+ `;1 � .� r � h �-a........�`-.-.._ -��L �n � *-Fw a' a "Y j} 'trf 4Y y W,� C". � �t "TJi7 �•k� � - y` �:,� � a+A.. '.iy ls' R liANTI VTT x - -. rnow vy 4 t i `ir,r- '? `"i,•, :. F �} .Y.. .4C AA�:Y ' + 3.3., i -All W ctyiy+'�r—rw - _ i� - 1. •�jt` C:Y �y,bv_ ��te� •..�•S-,�`f��, f j,'J� J ��f )i�.� J�Iy �� n t t>� s! '4d► y ` 71-'.i xs a4y. -h �'_-'. 3311�i i iI[ S _ _ 4 j`� `ram 'S, �Frtr �:- ► <.5 �' •�,� �� _._�_,} � i•� � i ,r '4,�p x i" frl � � x �7 ✓. 4 -: •. � �,;: RICHMOND CITY PLAN COMMISSION PETITION FOR REZONING TO THE SPECIAL USE DISTRICT NO. DATE: 3--2-9 The Common Council of the City of Richmond has established as a Zoning Classification the Special Use District. The Special Use District does not stand by itself but shall be com'ained with an existing zoning district. The Special Uses that may be allowed within the Special Use District are specifically enumerated in each zoning district classification. The Richmond City Plan Commission meets on the fourth Tuesday of each month at 7:30 P.M. in the City Council Chambers. The Petition for Rezoning to the Special Use District consists of the following items: A. General Information H. Special Use Standards C. Special Use Narative D. Site Plan All Petitions must be filed complete, in duplicate, by the last Tuesday of each month in order to be placed on the next month's Agenda. The presence of the Petitioner or the Petitioner's authorized agent is mandatory at the Public Hearing. A. GENERAL INFORMATION: ADDRESS OF PROPERTY: South 18th and "I" Streets LEGAL DESCRIPTION: Lots 42-45 Fairfield Park First Addition OWNER (RECORDED): Jerry Jennings 4794 King Road ADDRESS: Richmond, IN 47374 TELEPHONE: 317-962-0221 AGENT: Bruce D. Metzger, KNOLL, KOLGER & SOWERS 111 South 7th Street AGENT'S ADDRESS: Richmond. IN 47374 TELEPHONE: 317-966-2683 DATE ACQUIRED: 1991 ZONE CLASSIFICATION:. R-2 EXISTING USE: Residential (vacant) REQUESTED SPECIAL USE: 920.025 One Family Manufactured Home B. SPECIAL, USE STANDARDS: Article 48 of the Zoning Ordinance setsforth certain standards to be used as guidelines by the Plan Commission in considering Special Use District rezoning Petitions. The following is the Petitioner's response demonsrating the manner in which the requested Special Use rezoning complies with said standards: 1. The establishment, maintenance, or operation of the Special Use will not be detrimental to or endager the public health, safety, morals, convenience, or general welfare for the following reasons: Thespecial ecial use will not change the current use in the area. The use of residences in the area is already permitted in the subdivision plat. 2. The Special Use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood for the following reasons: The homes will be of a similar size -or larger than the current homes in the area, and will be substantially similar in style to homes in the area. 3. The establishment of the special Use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the ditrict for the following reasons: Because of small lot size, the use of manufactured homes will promote construction on undeveloped lots without_alterin& the character of the area. 4. Adequate utilities, access roads, drainage, buffering and other necessary facilities will be.provided for the following reasons: The facilities already- _exist, _ and no new facilities are needed. 5. Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets for the following reasons: Measures have already been provided in the subdivision plat. Because the use will continue as residential, no new measures are needed. C. SPECIAL USE NARRATIVE: The Special Use established by Ordinance of the Common Council within the Special Use District shall be limited to that specific Special Use and shall not be altered, converted, modified or substituted in any way without an amendment to said Special Use being granted in accordance with Article 62 of the Zoning Ordinance. The following narrative is the Petitioner's detailed description of the Special Use being requested: Petitioner intends to jlace manufactured homes on the sites. The homes will be approximately 1250-1300 square feet, and are •manufactured in two pieces. They will be permanently attached on a crawl space foundation, with permanent plumbing and electrical connections. A 1-} car garage will be added. The placement and dimensions of the homes will comply with the current setback require- ments. homes will have similar architectural features to current homes and will have similar styles of siding and finish. Current SITE PLAN: The Site Plan submitted is to be drawn on unlined paper at an engineering scale, with a north arrow and shall show the following: 1. All property lines 2. Location of existing buildings) 3. Location of proposed building(s) and/or additions 4. Location of off street parking and loading spaces 5. Existing and propsed dimensions shall be given for the following: .a. Property lines b. Existing building(s) c. Proposed building(s) and/or additions d. Building setbacks from all property lines 6. Location of existing and proposed utilities lines and sewers 7. Location of existing and proposed curb cuts 8. Arrows indicating the direction of flow of surface storm water and location of existing and proposed storm water drainage facilities 9. Location and type of existing and proposed fencing, screening, and landscaping 10. Any other information required by the Plan Commission Staff I HEREBY DEPOSE AND SAX THAT ALL THE ABOVE STATEMENTS AND THE STATEMENTS CONTAINED -IN ALL THE EXHIBITS TRANSMITTED HEREWITH ARE TRUE: 4794 King Road Richmond IN 47374 PET IONE erry Jennings ADDRESS SU SCR ED AND SWORP BEFORE ME THIS DAY OF March 1994 NOTA PUBLIC, RESIDEN WAYNE COUNTY My COMMISSION EXPIRES: -3- DISPOSITION OF ORDINANC E NO. RESOLUTION NO. �99_ by Common Council Ordinance No.]L— Resolution No._ Elstro Lundy Brookbank Donat McBride Parker Dickman Allen Hutton Date Susp. rules Ist read Title only -- .--�• ------ .----- --- Seconded Proof of Publicaton ............... Seconded Move to 2nd read ...... ,- Seconded Engrossment-.--- --- ------------ --- ---- ----._ ----------- Seconded Susp rules 3rd read ......................... Seconded ------ --O R- -----................... ---•--- ----- •----•-- ---- Rejection Date ]ail " COMMITTEE Committee Date Commttee Hearing hate Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: RICHMOND ADVISORY PLAN COMMISSION RICHMOND, INDIANA May 25,1994 Mr. Larry Parker, President Richmond Common Council Richmond, IN 47374 RE: Ordinance No. 12-1994 Dear Mr. Parker: Please advise the members of Common Council that the Richmond Advisory Plan Commission conducted a public hearing, Tuesday, May 24, 1994, on the petition of Jerry Jennings, owner; Bruce D. Metzger, agent; requesting a Special Use for One - Family Manufactured Homes on lots 21, 26, and 42 through 45 Fairfield Park First Addition, Richmond, Indiana. Indiana Code 36-7-4-1106 (b) requires that identical standards and requirements be applied to dwelling units and lots whether or not the dwelling unit to be placed on a lot is a manufactured home or some other type of dwelling unit. Indiana Code 36-7-4-1106 (d) states that local zoning ordinances may not preclude manufactured homes constructed after January 1, 1981, that exceed 950 square feet of 'occupied space" from being installed as permanent residences on any lot on which any other type of dwelling unit may be placed. "Occupied space" is defined elsewhere in the Indiana Code to mean the total area of earth horizontally covered by the structure, excluding accessory structures such as, but not limited to, garages, patios and porches. It is the position of the Department of Law that the following amendments should be made to the zoning code to conform to the Indiana Code insofar as manufactured homes are concerned, to wit: A. Section 13.94 should be amended by deleting the second and third paragraphs because the same standards do not apply to other types of dwelling units. B. Section 20.025 should be deleted because the requirement of obtaining a special use does not apply to other types of one -family dwelling units. C. Section 22.003 should be deleted because it is redundant. One -family manufactured homes are permitted by Section 22.001. D. Section 25.010 should be deleted because it is redundant. One -family manufactured homes are permitted by Section 25.002. The Commission voted 10 in favor, none opposed to recommend the Zoning Ordinance, Chapter 154 of the Code of Ordinances being Ordinance No. 2325-1968 be so amended. The Commission voted 10 in favor, none opposed to recommend Ordinance No. 12-1994 be striken. ully submitted, v Robert Goodwin Executive Secretary CITY OF RICHMOND DEPARTMENT OF LAW 50 North 5th Street Richmond, Indiana 47374 Phone (317) 983-7220 Fax (317) 966-2255 'March 4, 1994 Common Council Richmond, Indiana RE: Ordinance No. 12-1994 Dear Council Members: ROGER CORNETT Mayor THOMAS S. MILLIGAN City Attorney The above referenced ordinance is a rezoning of vacant property at the northwest and northeast corners of South 18th and I Streets being sold to Jerry Jennings. Mr. Jennings proposes the installation of manufactured one family homes on four lots in the Fairfield Park First Addition. The current zoning is R-2 One Family Residence District. It is necessary to change the zoning to R-2 One Family Residence Special Use District to accommodate the buyer's proposed use. d The ordinance should b referred to Plan Commission for public hearing at its meeting on March 15, 1994. The ordinance should be back to Council for second reading on March 21,1994. Sincerely, --/---------� Thomas S. Milligan City Attorney TSM /maa