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Home My Public Portal About005-1993 - REZONING - 810 INDIANA AVENUEORDINANCE NO. 5-1993 (2ND READING AMENDMENT) A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 810 INDIANA AVENUE WHEREAS the zoning map designates a part of the northeast quarter of section 31, township 14 north, range 1 west, containing 10 acres, more or less, located at 810 Indiana Avenue, Richmond, Indiana, as R-1 One Family Residence District and M-1 Light Industrial District, and WHEREAS it is desirable to change the zoning designation to R-4 Multi -Family Residence Special Use District to conform said map to its existing use as a Mobile Home Park which is permitted by Article 23.012 of the Zoning Code, NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the zoning designation of the real estate described in attached Exhibit A be and is hereby changed to R-4 Multi -Family Residence Special Use District as a Mobile Home Park subject to the provisions of Article 42 of the Zoning Code and the conditions and specifications set forth in Exhibits B, C and D. Passed and adopted this 40 day of February, 1993, by the Common Council of the City of Richmond, Indiana. President (Etta. J. Lundy) ATTEST: ,City Clerk (Xorma Carnes) PRESENTED to the Mayor of the City of Richmond, Indiana, this . a Y da of February, 1993, at 9:00 a.m. ,City Clerk (Norma Carnes) APPROVED by me, Roger Cornett, Mayor of the City of Richmond, Indiana, this Xday of February, 1993, at 9:05 a.m. 1 4 FWA-1,505-1 4�., W-)PrA46i, 10 WERIZIN INAL - . k ►�" `e • ATTEST: ,City Clerk (Norma Carnes) EXHIBIT A ORDINANCE NO. 5-1993 DESCRIPTION: '.A part of the northeast quarter of Section Thirty-one (31), Township Fourteen (14) North, Range One (1) West, beginning at a point in the center of the ' road forty-one ( 41 ) rods North of, the southwest corner of said quarter section; thence North along the quarter section line -to the center of the railroad extending from Richmond to New Castle, Indiana; thence Southeast along the centerline of -said. railroad to the 'northwest corner of a tract of land conveyed by Richard Pedrick and wife to Timothy Thistlethwaite, et al, by deed dated November. 14, 1867, recorded in Deed Record 47, Page 204 in the Recorder's Office,�of Wayne County, Indiana; thence South along the west line of -last mentioned tract to' the center of said road; which point is.forty-one (41) rods North of the south line of said quarter section; thence, West along the center of said road to the place of beginning, except aforesaid railroad right of way. -EXCEPT: The two following tracts containing -five and one-half (5 1/2) acres, more or less, one which lies in the northwest corner of the above mentioned -tract, beginning at .the intersection of the half section line and the railroad- right of way, thence South along the half section line four hundred ninety (490) feet; East two hundred fifty-six and five tenths (256.5) feet; thence North three hundred fifty-nine and three tenth's (359.3) feet to said right of way; thence up right of .way North sixty-three (63) degrees West one hundred eight -seven and nine tenths (187.9) feet to the place of beginning, said tract containing two and five tenths (2.5) acres, more or less. ALSO, EXCEPT: The following tract of land containing three (3) acres, more or less, lying as follows: Beginning at a pint six and ninety- two hundredths (6.92) rods East of a point forty-one (41) rods North of the southwest --corner of the northeast quarter of Section, Township, and Range, as:.above mentioned North twenty-one (21) rods; thence East four and forty-eight hundredths (4.48) rods; thence North six and sixty-seven hundredths (6.67) rods, thence East thirteen and ninety-four hundredths (13.94) rods, thence South twenty-seven and sixty-seven hundredths (27.67) rods, thence West eighteen and forty- two hundredths (18.42) rods to the place of beginning. ALSO, EXCEPT: Six and ninety-three hundredths (6.93) acres, more or less, conveyed to Johnson Manville Products Corporation by deed recorded in Deed Record 274, Page 7 of the records of Wayne County, Indiana. ALSO, Sixty (60) feet in equal width- off of the entire east side of the following described real estate: A part of the northeast quarter of Section 31, Township 14 North, Range 1 West, in Wayne County, Indiana, more particularly described as follows: + r Beginning at a point in the centerline of Indiana Avenue 41 rods North and 255.11 feet East of the southwest corner of said quarter section; thence East along the centerline of Indiana Avenue 163 feet; thence North 456.55 feet to an iron pipe; thence West 163 feet to 'a stake; thence South 456.55 feet to the center of Indiana to place, containing 1.71 acres, more or less. Containing in all a net of 10.0 acres, more or less. RICHMOND ADVISORY PLAN COMMISSION RICHMOND, INDIANA January 28, 1993 Mr. Jack Elstro, President Members of Common Council and Mrs. Norma Carnes, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 5-1993 Dear Mr. Elstro, Members of Common Council and Mrs. Carnes: The Richmond Advisory Plan Commission conducted a public hearing on Tuesday, January 26, 1993 on the petition of Joseph Hossman, owner; Charles Butler, agent; requesting a rezoning from R-1 One -Family Residence District and M-1 Light Industrial District to R-4 Multi -Family Residence District, and also requesting a Special Use District to allow a 57 unit Mobile Home Park. Seven notices were sent to surrounding property owners. One was returned to the office from Mrs. Dorothy Dishman in opposition to the petition. Marilyn Caldwell, daughter of Mr. and Mrs. William Balthis, appeared and objected to the following features: 1 . The placement of the recreation area adjacent to Indiana Avenue. 2. The inclusion of the first three mobile home sites (lots 55-57). 3. The proposal to relocate the driveway to the west property line. Planning Staff recommended approval of the request because the property is presently in use as a mobile home court. The surrounding area contains another mobile home court, as well as the Richmond State Hospital facility. This rezoning would permit the owner to upgrade the property and, consequently, the neighborhood. Furthermore, a newly developed mobile home court would be subject to the regulations prescribed by the Indiana State Board of Health, and the regulations of the Building Code and Zoning Ordinance of the City of Richmond. Plan Commission voted ten in favor, none opposed, to recommend approval of this request to Common Council, subject to the conditions listed on Exhibit B. /Respectf yysu - i d, �c R ert B. Goodwin, Executive Secretary Richmond Advisory Plan Commission Ordinance No. 5-1993 Exhibit B 1. The proposed recreation site on Exhibit C be converted to a landscaped open space. 2. Recreation areas be located next to the office building and the open area at the north end of the development. 3. Specify the equipment to be installed in the recreation areas. 4. Show the location of all utilities and site improvements on the final development plan. 5. The sanitary sewers, streets, and storm drainage system shall be constructed pursuant to the requirements of the City Engineer. D Z1 r rrl m I-' � O b -D ~ o W V � l'� V W cu u O �n z 0 nj a Q3 b ti 7 l V i 0 T 0 4 a q bta I go 't3 tm b0 IN i C-4 wbb; W 2461 'b O Oin F Ow W �h b �V O: x � n u N —toil— via y as r. u X� u a r M A V 'o � 3bi N m G N G In -0- 14 at o t* fit t a. it cl too I. Definitions (a) Residential District shall mean a contigous or nearly contigous area containing public highways or parts thereof primarily abutted by residential property or residential and nonbusiness property (such as schools, parks, churches, hospitals and nursing homes); (b) Residential Parking Permit Area shall mead a residential district where curbside parking on public highways is limited to not more than two (2) consecutive hours between 8.30 a.m. and 5:00 p.m. an weekdays, excepting Sundays and holidays, unless the vehicle properly displays a parking permit authorized by this ordinance; and (c) Curbside Parking Space shall mean twenty (20) linear feet of curb, exclusive of those portions of the curb where parking, apart from the provisions of this ordinance, is not presently permitted. 2. Designation of Residential Parking Pf 'mit Area (a) In order for the City Council to determine whether a residential district, or portion thereof, shall be designated, or shall continue to be designated, as a residential parking permit area, the Board of Public Works and Safety shall conduct, upon its own initiative or upon a petition signed h a majority of the residents in the istrict or portion thereof, a public hearing prior to such designation and prior to the withdrawal of such designation Such public hearing shall be held only after due notice has been published two (2) times in a newspaper of general circulation in the City. The notice shall clearly state the urpose, time and location of the public Baring, the exact location and oun ar es of the r osed, or existing, residential parking permit area and the proposed parking permit fees to be red. In addition to the ublishe-a' notice, a similar no a ica ion s a e prominently posted in the propose or existing resident area within the oropose . or such public hearing any interested ers snail e entitled to appear, to be heard and to submit a written statement for the record. The Board of Public Works and Safety at its discretions, may impose a reasonable limitation upon the length of time that any interested person may be heard. A record of all oral and written statements by all interested persons shall be maintained by the Board of Public Works and Safety. (b) To enable the City Council to determine whether a residential district or portion thereof, shall be designated, or shall continue to be designated, as a residential panting permit area, the Board of Public Works and Safettyshall also conduct, on a weekday within fifteen_(15) days following completion of_1he public-tearft.-between 8:30 a.m. and 5:00 p.m- a block -by - block survey. of_the_. proposed or existing, residential parking permit area. Nib residential district, or portion thereof, shall be designated as a residential parking permit area unless the survey of it reveals the following; (1) The total number of curbside parking spades occupied by vehicles equals or exceeds seventy-five percent (750/6) of the number of curbside parking spaces on the public highways of the proposed, or existing, residential parking permit area; and (2) The total number of curbside parking spaces occupied by vehicles whose operators do not reside within the proposed, or existing, residential parking permit area equals or exceeds twenty-five percent (25%) of the total number of curbside parking spaces occupied by vehicles. (c) Within thirty (30) days following the close of the public hearing, the Board of Public Works and Safety shall recommend by written report to the City Council, based on the record of the public hearing and the results of the survey, whether to designate the residential district or portion thereof under consideration as a residential parking permit area or whether to withdraw the designation of an existing residential parking permit area. The report shall also demonstrate that the Board of Public Works and Safety, in making the recommendation, has taken into account the following, r (1) The effect on the safety of the residents of the proposed, or existing, residential parking permit area from intensive vehicle parking by nonresidents; (2) The difficulty or inability of residents of the proposed, or existing, residential parking permit area to obtain adequate curbside parking adjacent to or near their residences because of widespread use of available curbside parking spaces by non resident motorists; CHAPTER 74: PARKING (3) The likelihood of alleviating, by use of the residential parking permit system established by this ordinance, any problems of nonavailability of residential parking spaces; (4) The desire of the residents in the proposed, or existing residential parking permit system and the willingness of those residents to bear the costs incidental to the issuance of parking permits authorized by this ordinance; and (5) The need for some parking spaces to be available in the proposed or existing residential parking permit area for use by the general public. (d) Within forty-five (45) days following its receipt of the report, the City Council shall vote, as applicable, (1) Whether to designate the residential district or portion thereof under consideration as a residential parking permit area; or (2) Whether to withdraw the designation of an existing residential parking permit area. 3. Posting of Residential Parking Permit Signs (a) Following the City Council's affirmative vote to designate a residential parking permit area, parking signs shall be erected in the designated area. (b) The signs shall be of such character as to inform readily an ordinarily observant person that curbside parking on public highways in the designated area is limited to not more than two (2) consecutive hours between 8:30 a.m. and 5:00 p.m. on weekdays, excepting Sundays and holidays, unless the vehicle properly displays a parking permit authorized by this ordinance. 4. Notice to Residents of Designation of Residential Parking Permit Area (a) following the City Council's affirmative vote to designate a residential parking permit area, the City Clerk's office shall mail to every residence within the designated residential parking permit area the following documents: (1) A Notice of Designation which shall inform the residents in the designated area vf; . (a) The existence, exact location and numerical designation of the residential parking permit area; (b) The parking restrictions applicable to all vehicles in curbside parking spaces along public highways in the designated area which do not properly display a parking permit authorized by this ordinance; and (c) The procedures to obtain a residential or visitor, business or guest parking permit; (2) An Application for Residential Parking permit on which the applicant is to provide the following information for each vehicle to receive a residential parking permit; 197 (a) The name and residential address of the owner of the vehicle; (b) The name residential address and driver's license number of the principle operator of the vehicle; (c) The make, model, license plate number and registration number of the vehicle; and (d) The signature of the applicant for the residential parking permit. 5. Issuance of Residential Parking Permits (a) Upon the applicant's payment of three dollar ($3.00) residential parking permit fee, his submission of a completed and validated residential parking permit application and his fulfillment of all applicable provisions of this ordinance controlling issuance, renewal or transfer of residential parking permits, the applicant shall receive one (1) residential parking permit for the vehicle described in the application. Such residential parking permit shall be securely affixed to the inside bottom left cotaer of the front windshield of the vehicle and shall display the following information: Carney' (1) The license plate number and registration number of the vehicle; (2) The numerical designation of the residential parking permit area; and (3) The expiration date of the residential parking. permit shall be December 31 st of each year. a (b) No residential parking permit shall be issued to a vehicle whose owner and principal operator do not reside within the designated residential parking permit area. (c) The applicant for, and holder of, the residential parking permit shall be the owner or principal operator of the vehicle receiving the parking permit. (d) A vehicle shall be issued a residential parking permit only if it displays valid State license plates, unless the vehicle is not required to have them. 6. Renewal of Residential Parking Permits (a) Upon the holders payment of a three dollar ($3.00) residential parking permit renewal fee, his submission of a completed and validated residential parking permit application, his fullfillment of all applicable provisions of this ordinance controlling issuance, renewal or transfer of residential Narking permits, on or before the expiration date of the existing residential parking permit, the holder shall receive a new residential parking permit. (b) The expiration date to be displayed on the now residential parking permit shalt be one (1) year following the expiration date of the existing residential parking permit. 7. Transfer of Residential Parking permits (a) Upon the holders payment of a one dollar' ($1.00) residential parking permit transfer fee, his submission of a completed and validated residential parking permit application, his fulifillment of all applicable provisions of this ordinance controlling issuance, renewal or transfer of residential parking permits, and his surrender of his existing residential parking permit, the holder shall receive a new residential parking permit to be transferred to another qualifying vehicle. 198 (b) The transfer of the residential parking permit to another qualifying vehicle shall not affect its expiration date. 8. Issuance of Permits for Visitors Upon application of any resident of a residential parking permit area, the City Clerk's office shall issue a visitor parking permit to the resident for the visitor's vehicle to be limited to that particular parking permit area and for a period not exceeding thirty (30) days. No more than two visitor parking permits shall be issued to any one residence at any one time. For the purposes of this ordinance, the resident shall be the holder of and responsible for the use and misuse of the visitor parking permits issued to him. 9. Issuance of Permits for Persons doing Business with a Resident (a) Upon application of any resident of a residential parking permit area and any person doing business with this resident, the City Clerk's office shall issue a business parking permit to the resident for the vehicle of the person doing business with the resident to be limited to that particular parking permit area for a period not exceeding the estimated time, as shown on the application, required to complete the business transaction. No business parking permit shall be valid for more than thirty (30) days. For the purposes of this ordinance, the resident shall be the holder of and responsible for the use and misuse of the business parking permits issued to him. (b) The parking restrictions imposed by this ordinance shall not apply to..any service or delivery vehicle when used to provide services or to make deliveries to residences within a residential parking permit area, provided that the parking of the service or delivery vehicle within the parking permit area does not exceed four (4) hours in duration on any given day. The parking of any such vehicle within the parking permit area for more than four (4) hours on any given day will require an application for a business parking permit. 10. Issuance of Permits for Guests Upon application of any resident of a residential parking permit area, the City Clerk's office shall issue a guest parking permit to the resident for the guest's vehicle to be valid for only one (1) day, if the issuance of the permit will not unduly impair traffic safety during the time of the permits validity. Use . of guest parking permits maybe restricted to designated streets or portions of streets within the residential parking permit area. The number of such permits outstanding shall not exceed at any time fifty percent (50%) of the total number of available parking spaces. 11. Use of Residential Visitor, Business and Guest Parking Permits (a) Ali visitor, business and guest parking permits shall be displayed on or about the front windshield of the vehicle so as to be easily visible from outside the vehicle. Such parking permits shall obtain the following: (1) The numerical designation of the residential parking permit area; (2) The name and address of the residenf to whom the parking permit was issued; and (3) The expiration date of the parking permit. 199 (b) A parking permit shalt not guarantee or reserve a parking space within a designated residential parking permit area. A parking permit shall not authorize the standing or parking of any vehicle in such places and during such times as the stopping, standing or parking of vehicles is prohibited or set aside for specified types of vehicles, and shall not excuse the observance of any traffic regulation, other than the two-hour parking limit enforced in the residential parking permit area. (c) Whenever the holder of a residential, visitor, business or guest parking permit, or the vehicle for which the parking permit was issued, no longer fulfills one or more of the applicable provisions of this ordinance controlling issuance, renewal or transfer of parking permits, the holder shall so notify the City Clerk's office, who may then direct the holder to surrender the parking permit. (d) Until its expiration, surrender or revocation, a parking permit shall remain valid for such time as the holder continues to reside within the designated residential parking permit area. (e) A parking permit shall be valid only in the residential parking permit area for which it is issued. (f) It shall be a violation of this ordinance for the holder of a parking permit to fail to surrender it when directed to do so. (g) It shall be a violation of this ordinance for any person to represent in any fashion that a vehicle is entitled to a parking permit authorized by this ordinance when it is not so entitled. The display of a parking permit on a vehicle not entitled to such a parking permit shall constitute such a representation. (h) It shall be a violation of this ordinance for any person to duplicate or attempt to duplicate, by any means, a parking permit authorized by this ordinance. It shall also be a violation of this ordinance for any person to display on any vehicle such a duplicate parking permit. 12. Exemptions (a) Whenever metered parking is in effect in any portion of a residential parking permit area, the parking spaces controlled by meters shall be excepted from the provisions of this ordinance so long as the control by meters continues. (b) A petition requesting the exemption of a particular street segment of a residential parking permit area, signed by a majority of the residents of that street segment, will automatically exempt that particular street segment from designation as a residential parking permit area. ' 13. Withdrawal of Designation of Residential Parking permit Area (a) Following the City Council's affirmative vote to withdraw the designation of an existing residential parking permit area, the City Clerk's Office shall mail to every residence within the existing residential parking permit area, a notice of the Council's withdrawal of the designation. Said notice shall .specify the effective date of the withdrawal of the designation. (b) The effective date of the withdrawal of the designation of an existing residential parking permit area shall be thirty (30) days following the date of the City Council's affirmative vote to withdraw the designation. 14. Regulations The Board of Public Works and Safety is authorized to establish, after due notice and opportunity for interested parties to be heard, all written regulations necessary to implement and enforce the provisions of this ordinance. 15. Penalty If a residential parking permit has expired, is fraudulent, or if the permit holder no longer fulfills the qualifications for holding such permit, such permit shall be null and void. Any vehicle not displaying a current and valid permit, which has been parked in violation of the two- hour parking. restriction, shall be subject to the penalty for overtime parking, pursuant to Section 74.99 of the Richmond City Code. 16. Separability The provisions of this ordinance are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of -the remaining provisions, clause,_ sentences, subsections, words, or parts of the regulation or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this ordinance would have been adopted if such illegal, invalid, or unconstitutional provisions, clause, sentence, subsection, word or part had not been included therein, and if such parson or circumstance, to which the ordinance or part thereof is held inapplicable, had been specifically exempted therefrom. (Ord. 47-1984, passed 10/2/84) J. DISPOSITION OF ORDINANCE NO. RESOLUTION NO. -199— by Common Council Ordinance No. Resolution No. Elstm Lundy Brookbank Donat McBride Parker Dickman Allen Hutton Date l Susp. rules Ist read Title only Seconded - -_---- � -. ...--- ---- ------- Proof of Publicaton Seconded ...--- --- ---... ..--......................... Move to ._-..._. _ A; .............. -------- Seconded ---- ------ ---- ............... ------- Engrossment ----------------- -----........................------ ----...................-- Seconded Susp rules 3rd read Seconded ................ -------- ------ -------- ---- •------ Passage ✓ ✓ ,� ✓ ,� ✓ _----- --O R- ------ ---------- ------------ ----- -------• ---- •-------- Rejection Date Passed j [:omwrEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION, DATES: AMENDMENTS: COMMENTS: