HomeMy Public PortalAbout090-1994 - REZONING - 233 SOUTH 4TH STREETORDINANCE NO. 90-1994
A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 233 SOUTH 4TH
STREET
WHEREAS the zoning map designates the property at 233 South 4th Street as R-3 One
to Eight Family Residence District, and
WHEREAS it is desirable to change the zoning designation to R-3 One to Eight Family
Residence Special Use District to accommodate the installation of a
professional office not dependent upon over-the-counter sales,
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana,
that the zoning designation at 233 South 4th Street, being Auditor's Map No. 50-05-230-202.000
-29, Richmond, Indiana, be and is hereby changed to R-3 One to Eight Family Residence Special
Use District to accommodate the installation of a professional office pursuant. to .Section .
1T54.22-.0102 (aY(2) and to actor ante wiffi-the provisions of- eS ction 1-54.-4 of_ffe Richrniond � mm_T
Code. The site plan is attached as Exhibit A.
The conditions stipulated in connection therewith are as follows:
Passed and adopted this 5th day of December, 1994, by the CommgpX-euwflqf` the City of
Richmond, Indiana. le'_))
ATTES • ,City Clerk
(Norma Carnes)
PRESENTED to the Mayor of the City of Richmond, Indiana, this 6th day of December, 1994, at
9:0Q a.m.
,City Clerk
(Norma Carnes)
APPROVED by me, Roger Cornett, Mayor of the City of Rich m_ondIndiana, this 6th day of
December, 1994, at 9:05 a.m. �
ATTES ,City Clerk
(Norma Carnes)
RICHMOND CITY PLAN COMMISSION
PETITION FOR REZONING TO THE SPECIAL USE DISTRICT
� 10
DATE: 10/28/94
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 combined 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
B. Special Use Standards
— _Special -se Narrative
D. Si3e Plan
All etitions must be filed complete, in duplicate, by the last Tuesday of each month in order to be placed
0 he next month's agenda. The presence of the Petitioner or the Petitioner's authorized agent is
ndatory at the Public Hearing.
A. GENERAL_ INFORMATION:
ADDRESSOFPROPERfY: 233 - 233 1/2 South Fourth Street, Richmond
LEG LDESCRId hereto as Exhibit "A"
CVVNERFEKX):tDEq-,---Paul and Karen Medvin
ADDRI=SS: 229 South Fourth Street, Richmond TELEPHONE (3i7) 966-4980
At�1T: N A
AGENITSADDRESS: N/A TBH -ME:- N/A
DATEACQUIRED: 9/94 ZCNECLASSIFICATION- R3
p3STp�GUSF- partially vacant; was previously used as a residential .rental unit
RECXjESTNGSPECIALUSE; professional office
B. SPECIAL USE STANDARDS:
Article 48 of the Zoning Ordinance sets forth 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 demonstrating the manner in which the requested Special Use rezoning
complies with said standards:
t . The establishment, maintenance, or operation of the Special Use will not be detrimental
to or endanger the public health, safety, morals, convenience, or general welfare for the
following reasons:
We plan to operate a professional law of-Fzre and, mnsult.in�fa�s}ns,s.
D We will keep normal business hours and will not probably draw as much
D 3!- attention to ourselves as a permitted, residential use would.
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:
As previously stated, we will maintain normal business hours and
therefore will not be around when most of our neighbors are home.
In addition, when we are open we will have few clients in the office
as much of our work is done at other locations and in court.
We plan to help our landlords with the upkeep of the property by planting
flowers, etc. as we also want the property to look gooa to t e public.
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
district for the following reasons:
We plan to help with the upkeep2pkeep of the home so it looks good to our
----------e-Zients/pot-ent--ia3---cI:i-ents-: This----shout-d--make-the---a-r-ea--morem..desa.rabie__
to investors or persons who might at a later date be interested in
purchasing property in the area. There are already several businesses
in the area. It is our understanding that investors are primarily nterested
in purchasing property in the area for business use rather than residential.
4. Adequate utilities, access roads, drainage, buffering and other necessary facilities will be
provided for the following reasons:
As we will have limited hours in the property, our use of utilities
will be less than, that of a residential unit. (especially water/sewage)
We do not plan to take any measures to add facilities or buffer zones.
There is a fence surrounding the front of the property and the trees and
bushes seem sufficient.
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:
There are four existing parking spaces in back of the property to be used
solely by us and our clients. Additional street parking is available,
however, we do not foresee the need for the additional street parking space
as we will not have many people in the office at one time.
C. 9PEQIAL 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:
We would like to operate a professional law office and consulting business.
The attorney will handle miscellaneous matters. 'there will involve meetings
in the office with clients and at times meetings with other attorneys. Occasionally
depositions will be held in t e office as well. The atforney practices in many
areas of law including but not limited to: family law, business law, estate and
guardianship law and real estate law.
The consultant primarily operated as a court -appointed Guardian Ad Litem (GAL).
The consultant makes recommendations to the various courts concerning the best
interests of children Ocrasi anal 7_y, the consultant will hP hired by aprivate
individual for such an assignment.
D. 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 building(s)
3. Location of proposed building(s) and/or additions
4. Location of off street parking and loading spaces
5. Existing and proposed 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
8. 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 SAY THAT ALL THE ABOVE STATEMENTS AND THE
STATEMENTS CONTAINED IN ALL. THE EXHIBITS TRANSMITTED HEREWITH ARE
TRUE:
1�4/
&NA Vm- 010 Bacinneyer Road, Ri c!�mond, IN 47374 _
PETITIONER— ADDRESS
SUBSCRIBED AND SWORN BEFORE ME THIS _DAY OF e'. 19 f.
NOTARY PUBLIC, RESIDENT OF WAYNE COUNTY
MY COMMISSION EXPIRES: r -
Lawyers Title
Insurance Corporation
NATIONAL HEADQUARTERS
RICHMOND, YIRGINIA
The south half of Lot Number fifty-five (55) in that part of the City
of Richmond, laid out by John Smith, together with five (5) feet lying
south of and contiguous to the above described real estate, being
the North half of a vacated alley, excepting therefrom a strip of
ground seven (7) feet in width off the entire East end of said South
half of said lot heretofore appropriated as and for a public alley.l�,-/Uw
EXHIBIT °A°
Scheaule A
Pepe Nc2 918591
03S1-999-MO/3
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RICHMOND ADVISORY PLAN COMMISSION/
RICHMOND ADVISORY BOARD OF ZONING APPEAL
NAMES AND ADDRESSES OF INTERESTED PARTIES
NO. DATE: )D Aq )?y
In accordance with the Rules of Procedure of the .Richmond
Advisory Plan Commission and the Richmond Advisory Board of
Zoning Appeals, persons petitioning the Commission or Board
shall provide the names and addresses of all interested parties
as a part of the information submitted with the petition. The
petitioner to accomplish due notice to interested parties as
described in the Commission's and Board's Rules of Procedure.
Interested parties shall be defined as owner's of land, as shown,
in the Wayne County Auditor's Transfer Books, whose property
directly abuts the petitioner's property or whose property is
immediately adjacent across a public right-of-way from the
petitioner's property. The address for all interested parties
shall be deemed .to be the address shown for the owner in the
Tax Duplicate Books of the Wayne County Treasurer.
NAME ADDRESS
b-
L i a S. L Pq 35 S• L] kn 0,1
�kap& NY
CITY OF RICHMOND
DEPARTMENT OF LAW
50 North 5th Street
Richmond, Indiana 47374
Phone (317) 983-7220
Fax (317) 965-2255
November 3,1994
Common Council
Richmond, Indiana
Dear Council Member:
ROGER CORNETT
Mayor
THOMAS S. MILLIGAN
City Attorney
This ordinance changes the zoning of a single family residence located at 233 South 4th Street from
R-3 One -to -Eight Family Residence District to R-3 One -to -Eight Family Residence Special Use
District to permit the installation of a professional office not dependent upon over-the-counter sales
under Section 154.22.01.02 (a) (2) of the Richmond Code.
A law office and consulting business are described in the attached petition. The petition also addresses
the traffic situation and general affect upon surrounding property.
The ordinance should be referred to Plan Commission for public hearing at its meeting on November 29,
1994.
The ordinance could be back to Council for second reading on December 5,1994.
Sincerely yours,
Thomas S. Milligan
City Attorney
TSM/ags
ORDINANCE NO. 90-1994
A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 233 SOUTH 4TH
STREET
WHREAS the zoning map designates the property at 233 South 4th Street as R-3 One
to Eight Family Residence District, and
WHEREAS it is desirable to change the zoning designation to R-3 One to Eight Family
Residence Special Use District to accommodate the installation of a
professional office not dependent upon over-the-counter sales,
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana,
that the zoning designation at 233 South 4th Street, being Auditor's Map No. 50-05-230-202.000
-29, Richmond, Indiana, be and is hereby changed to R-3 One to Eight Family Residence Special
TT..... T%:_. ___i__ _r____r___•____1 _rrr__ __ __ - ..
154.22.01.02 (a) (2) and in accordance with the provisions of Section 154.48 of the Richmond
Code. The site plan is attached as Exhibit A.
The conditions stipulated in connection therewith are as follows:
Passed and adopted this 5th day of December, 1994, by the Common Cou=A of the City of
Richmond, Indiana.
Parker)
ATTEST: ,City Clerk
(Norma Carnes)
PRESENTED to the Mayor of the City of Richmond, Indiana, this 6th day of December, 1994, at
9:00 a.m.
City Clerk
(Norma Cames)
APPROVED by me, Roger Cornett, Mayor of the City of Richmond, Indiana, this 6th day of
December, 1994, at 9:05 a.m.
,Mayor
(Roger Cornett)
ATTEST: ,City Clerk
(Norma Cames)
RICHMOND CITY PLAN COMMISSION
PETITION FOR REZONING TO THE SPECIAL USE DISTRICT
NO. /?9G-9fj
DATE: 10/28(94_
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 combined 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
_gamSpecial Use Standards_____._m
C. Special Use Narrative
D. Site Plan
All etitions must be filed complete, in duplicate, by the last Tuesday of each month in order to be placed
on he next month's agenda. The presence of the Petitioner or the Petitioner's authorized agent is
ndatory at the Public Hearing.
A. QENERAL INFQRMATIQN:
ADDRESSOFPRQPERTY: 233 - 233 1 2 So Four h ree
LEGAL eto as Exhibit "A"
F6X)RDP• Paul and Karen Medvin
ADDRESS 229 South Fourth Street Richmond igS (317) 966--4980
pC,t�jf N A
AGENiSADDRESS: N/A TB_B+ EN N/A
DATEACQUUIRED: 9/94 ZONECI_ASSIF1CATi0N: R3
EXSTW, partially vacant; was previously used as a residential rental unit
PEOUESTNGSPECIALUSE professional office
B. SPECIAL USE STANDARDS:
Article 48 of the Zoning Ordinance sets forth 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 demonstrating 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 endanger the public health, safety, morals, convenience, or general welfare for the
following reasons:
We plan to operate a o
�j We will keep normal business hours and will not probably draw as much
0 31-9 lUi attention to ourselves as a permitted, residential use would.
2. The Special Uoe 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:
As previously stated, we will maintain normal business hours and
therefore will not be around when most of our neighbors are home.
In addition, when we are open we will have few clients in the office
as much of our work is done at other locations and in court.
We plan to help our landlords with the upkeep of the property by planting
flowers, etc. as we also want the property to look good to the p lic.
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
district for the following reasons:
We plan to help with the upkeep of the home so it looks good to our
clrents/potent:[ lI clients. "This sTiou�dm fnake the a�ea�rriore desirable T�
to investors or persons who might at a later date be interested in _
purchasing property in the area. There are already several businesses
in the area. It is our understanding that investors_ are primarily interests
in purchasing property in the area for business use rather than residential.
4. Adequate utilities, access roads, drainage, buffering and other necessary facilities will be
provided for the following reasons:
As we will have limited hours in the property, our use of utilities
will be less than that of a residential unit. (especially water sewage)
We do not plan to take any measures to add facilities or buffer zones.
There is a fence surrounding the front of the property and the trees and
bushes seem sufficient.
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:
There are four existing parking spaces in back of the property to be used
solely by us and our clients. Additional street parking is available,
however, we do not foresee the need for the additional street parking space
as we will not have many people -in the office at one time.
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:
We would like to operate a professional law office and consulting business.
The attorney will handle miscellaneous matters. These will involve meetings
in the office with clients and at times meetings with other attorneys. Occasional.
depositions will be held in the office as well. The attorney prac ices in many
areas of law including but not limited to: family law, business law, estate and
guardianship law and real estate law.
The consultant primarily operated as a court -appointed Guardian Ad Litem (GAL).
The consultant makes recommendations to the various courts concerning the best
intgrvate
individual for such an assignment.
D. 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 building(s)
3. Location of proposed building(s) and/or additions
4. Location of off street parking and loading spaces
5. Existing and proposed 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 SAY THAT ALL THE ABOVE STATEMENTS AND THE
STATEMENTS CONTAINED IN ALL THE EXHIBITS TRANSMITTED HEREWITH ARE
TRUE: _
2�-t� ga��. &ften �- OAVWA535 Backzrteyer Road, Rierunond, TN 47374
PETITIONER ADDRESS
p
SUBSCRIBED AND SWORN BEFORE ME THIS ZI-57� DAY OF ��� t 19
NOTARY PUBLIC, RESIDENT OF WAYNE COUNTY
MY COMMISSION EXPIRES:
Lawyers Title _
Insurance Corporation
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
The south half of Lot Number fifty-five (55) in that part of the City
of Richmond, laid out by John Smith, together with five (5) feet lying
south of and contiguous to the above described real estate, being
the North half of a vacated alley, excepting therefrom a strip of
ground seven (7) feet in width off the entire East end of said South
half of said lot heretofore appropriated as and for a public alley. KMV-
EXHIBIT "A"
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RICHMOND ADVISORY PLAN COMMISSION/
RICHMOND ADVISORY BOARD OF ZONING APPEAL
NAMES AND ADDRESSES OF INTERESTED PARTIES
DATE: )0/d9 )? y
In accord.ance with the Rules of Procedure of the .Richmond
Advisory Plan Commission and the Richmond Advisory Board of
Zoning Appeals, persons petitioning the Commission or Board
shall provide the names and addresses of all interested parties
as a part of the information submitted _with the petition. The
petitioner to accomplish due notice to interested parties as
described in the Commission's and Board's Rules of Procedure.
Interested parties shall be defined as owner's of land, as shown,
in the Wayne County Auditor's Transfer Books, whose property
directly abuts the petitioner's property or whose property is
immediately adjacent across a public right-of-way from the
petitioner's property. The address for all interested parties
shall be deemed to be the address shown for the owner in the
Tax Duplicate Books of the Wayne County Treasurer.
NAME ADDRESS
Pact)
yet
__.. Mel pnib
Lie ra ss a Pe y
/NkUl'h UJ• � ma-0-5 Aq L . Atee� a3,9 S. 1-1�-" S frCe/ e)i � kk7ohW
CITY OF RICHMOND
DEPARTMENT OF LAW
50 North 5th Street
Richmond, Indiana 47374
Phone (317) 983-7220
Fax (317) 966-2255
November 3,1994
Common Council
Richmond, Indiana
Dear Council Member:
ROGER CORNETT
Mayor
THOMAS S. MILLIGAN
City Attorney
This ordinance changes the zoning of a single family residence located at 233 South 4th Street from
R-3 One -to -Eight Family Residence District to R-3 One -to -Eight Family Residence Special Use
District to permit the installation of a professional office not dependent upon over-the-counter sales
under Section 154.22.01.02 (a) (2) of the Richmond Code.
A law office and consulting business are described in the attached petition. The petition also addresses
the traffic situation and general affect upon surrounding property.
The ordinance should be referred to Plan Commission for public hearing at its meeting on November 29,
1994.
The ordinance could be back to Council for second reading on December 5,1994.
Sincerely yours,
Thomas S. Milligan
City Attorney
TSM/ags
RICHMOND ADVISORY PLAN COMMISSION
RICHMOND, INDIANA
November 30, 1994
Mr. Larry Parker, President
Richmond Common Council
Richmond, IN 47374
RE: Ordinance No. 90-1994
Please advise the members of Common Council that the Richmond Advisory Plan
Commission conducted a public hearing, Tuesday, November 29, 1994, on the
petition of Paul and Karen Medvin, owners; Susan Pointis and Jennifer K.
Overmeyer, petitioners; requesting a Special Use District on the property located at
233 and 233-1/2 South 4th Street, Richmond, Indiana
Notices were delivered to four surrounding property owners, one comment in
favor of the request was returned to this office.
Our Comprehensive Plan Map designates this area a Special Development Area.
The Zoning Code recognizes the need to allow Special Uses in existing structures in
R-3 and R 4 districts for the purpose of preventing the physical deterioration of
certain structures and neighborhoods; as well as helping to maintain a
neighborhood in its present state when in good repair. The Code further outlines a
mix of residential and commercial land uses calculated to benefit the growth of
these districts. This request complies with the stated intent of the Code and is
located in an area designated for such mixed development.
The Commission voted 10 in favor and none opposed, with one absent, to
recommend the passage of Ordinance No. 90-1994 with the site plan attached as
Exhibit 'A'.
Respect Ily s d,
Robe t Goodwin
Executive Secretary
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DISPOSITION OF ORDINANCE NO.
RESOLUTION NO. -19
by Common Council
Ordinance No.�L
Resolution No.
Elstro
Lundy
Brookbank,
Donat
McBri
a Parke
Allen
Dickmar
Hutton
Date
Susp. rules Ist read
Title only
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aeconded
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Proof of Publicaton
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Seconded
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Move to 2nd read
Seconded
Engrossment
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Seconded
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Susp rules 3rd read
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Seconded
Passage
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Rejection
Date Passed - ✓ —
COMMITTEE ASSIGNMENTS:
Committee _ Date zL
Commitee Hearing Date
Reassigned to Council Ag6fda
PUBLICATION DA
AMENDMENTS:
COMMENTS: