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Home My Public Portal About052-1993 - REZONING - 720 SOUTH E STREET AND 434 AND 438 SOUTHORDINANCE NO. 52-1993 A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 720 SOUTH E STREET AND 434 AND 438 SOUTH 8TH STREET WHEREAS the zoning map designates 720 South E Street, 438 South 8th Street and all but 8 feet of 434 South 8th Street as C-1 Limited Commercial District and 8 feet of 434 South 8th Street as R-4 Multi -Family Residence District, and WHEREAS it is desirable to change the zoning designation to C-2 Commercial Special Use District to accommodate the establishment of a motor vehicle service station, NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the zoning designation of 720 South E Street and 434 and 438 South 8th Street, more particularly described in attached Exhibits A, B and C be and is hereby changed to C-2 Commercial Special Use District to accommodate the establishment of a motor vehicle service station pursuant to Section 31.023 and in accordance with the provisions of Article 48 of the Zoning Ordinance. The site plan is hereby attached as Exhibit D. Passed and adopted this day of August, 1993, by the Common Council of the City of Richmond, Indiana. ,President (Ett J. Lundy) ATTEST( � ,City Clerk ( orma Carnes) PRESENTED to the Mayor of the City of Richmond, Indiana, this day of August, 1993, at 9:00 a.m. ��— ,City Clerk (Norma Carnes) APPROVED by me, Roger Cornett, Mayor of the City of Richmond, Indiana, this ` day of August, 1993, at 9:05 a.m. ,Mayor ger Cornett ATTES-o—c—A D,City Clerk (Norma Carnes) Ordinance No. 52-1993 EXHIBIT "A" Located in Section 5, Township 13 North, Range 1 West, City of Richmond, Wayne County, Indiana, being part of the land conveyed to Robert G. Gray by deed recorded in Deed Book 461, page 39 of the Wayne County Deed Records, being part of Lot Number One of Samuel W. Smith's Addition to the City of Richmond as recorded in Plat Book 1, page 2.03 of the Wayne County Plat Records and being more particularly described as follows: Beginning at a hole drilled in concrete in the south line of said Lot 1 and in the north right -of --way line of South E Street, said point of beginning being at the southeast corner of a 10 feet alley and being located 132 feet from the southeast corner of. said Lot one; thence Due North for 83.60 feet to a hole drilled in concrete; thence Due East for 42.00 feet to a railroad spike set; thence South 11 degrees 18 minutes 36 seconds East for 5.10 feet to a railroad spike set; thence Due East for 19.00 feet to a railroad spike set; thence Due South for 78.60 feet to a railroad spike set in the north right-of-way line of th E Street; thence with the north right-of-way line of South E Street, Due West for 62.00 feet to the point of beginning; containing 0.117 acres The southeast quarter Richmond, laid out by real estate of Samuel Ordinance No. 52--1993 EXHIBIT "B" of lot #1 in that part of the City of the Commissioners appointed for the sale of W. Smith. ALSO, a part of the northeast quarter of lot number one (1) as numbered on the plat in that part of the City of Richmond laid out by the Commissioners appointed,to make sale of the real estate of Samuel W. Smith, deceased; commencing at a point forty-five (45) feet south of where the north line of said northeast quarter of said lot crosses the west line of South Eighth Street in said City of Richmond, running thence west one hundred thirty-two (132) feet, more or less, to the east line of an alley at the west end of said lot; thence south thirty-five (35) feet along the east line of said alley; thence east parallel with said north line one hundred thirty-two (132) feet to the west line of South Eighth Street; thence north on the west line of South Eighth Street to the place of beginning, the same being the South part of Official Map #357 of the City of Richmond, Indiana and known as 438 South Eighth street therein. Ordinance No. 52-1993 EXHIBIT "C" Part of Lot Number (1) as numbered on the plat of that part of the City of Richmond laid out by the Commissioners appointed to sell the Real Estate of Samuel W. Smith, deceased, bounded and described as follows: Commencing at a point in the west line of South 8th Street, being the northeast corner of said Lot Number one (1); thence West, one hundred thirty-two (132) feet to an alley; thence South, along the east line of said alley, forty-five (45) feet; thence East one hundred thirty-two (132) feet to South 8th Street; thence North, on the west line of South 8th street forty-five (45) feet to the place of beginning, being forty-five (45) feet off the entire north side of Tract Number Three Hundred'Fifty-seven (357) of the official Map of the City of Richmond. ALSO: Eight (8) feet off the entire south side of the following described real estate, to -wit: Fifty-two (52) feet in width off the entire south side of Lot Number Three Hundred Fifty Eight (358) of the official Map of the City of Richmond. RICHMOND ADVISORY PLAN COMMISSION RICHMOND, INDIANA July 28,1993 Ms. Etta J. Lundy, President Richmond Common Council Richmond, IN 47374 RE: Ordinance No. 52-1993 Dear Ms. Lundy: Please advise the members of Common Council that the Richmond Advisory Plan Commission conducted a public hearing, Tuesday, July 27, 1993, on the petition of Clarence E. and Wanda L. Brockman; Robert G. Gray; and David and Lora Lohmoeller; owners; Robert L. Sever, agent, requesting a rezoning from R 3 One to Eight Family Residential and C -1 Limited Commercial District to G-2 Special Use District to allow a Service Station at 720 South E Street; 434 and 438 South 8th Street. Thirteen notices were sent to surrounding property owners. Four were returned to this office; three in favor of the request and one opposed. Planning Staff recommended approval of the request because it is compatible with both the Master Plan and development patterns within the neighborhood. The Commission voted 10 in favor, none opposed to recommend the passage of Ordinance No. 52-1993 with the stipulation that the site plan as presented be attached to and made a part of the ordinance. ctfully submitte , Robert Goodwin Executive Secretary , 0,7/ 1:3/C)3 1.1 :03 US ORCHITECTS P: 03 'kMN A IN )o E r 4A j-, :I- M IN Aig— .d&4i hauls ---------- I[h RPrHTTFCTS P-02 07.13•Qi 11.02 .T 11 r 00 rm r k� Ordinance No. 52-1993 RICHMOND CITY PLAN COMMISSION PETITION FOR REZONING TO THE SPECIAL USE DISTRICT NO. DATE: 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 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 mo:tith's Agenda. The presence of the Petitioner or the Petitioner's authorized agent is mandatory at the Public Hearing. A. GENERAL INFORMATION• Parcel A: 720 South E Street, Richmond, IN Parcel B: 438 South 8th Street, Richmond, IN ADDRESS OF PROPERTY: Parcel C: 434 South 8th St., Richmond, IN Parcel A: see Exhibit A attached;' Parcel B: see Exhibit B; LEGAL DESCRIPTION: Earr•ol CExhibit c_—___ Parcel A: Clarence E. & Wanda L. Brockman OWNER (RECORDED). Parcel B• Robert G- r_raN _ Parcel _C,Dauid-S&.Lar_a �• Lohmoeller ADDRESS: same as property_address_ahtfy_e TELEPHONE: AGENT: Robert L. Bever 400 BANK ONE Building AGENT'S ADDRESS: 10 N. 7th St., Richmond TELEPTIONP 962-7597 all being ail C-1 but for DATE ACQUIRED: uAZI�NE, CI,ASSIFICA'1'I[)N:—_.F___ 8' of Parcel C = R -4 EXISTING USE: A: furniture store B:parkinp & donut shop.-C: residence REQUESTED SPECIAL USE: C-2 Special Use to Allow Service Station by conditional buyer: Wayne County Farr Bureau 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: The_ proposed development ,will be designed to be in compliance with all E.P.A., OSHA and other safety_ regulationsl_and has been approved to be consistent with all local fire, traffic and an other local regulations and ordinances. ordinance No. 52-1993 2. The Special Use will not be injurious to the use and enjoyment of other property In the immediate vicinLty For the purposes already permitted, nor substantially diminish and impair property values within the neighborhood for the following reasons: Subject roperty is already commercial, but not all used. Development will only increase value of subject and adjoining property. 3. The establishment of the Special Use will not LmpedP the normal and orderly development and improvement of the surrounding property for uses permitted in the ditrict for the following reasons: Subject area is already zoned commercial and ro osed development is not inconsistent with any other use in area. A, Adequate utilities, access roads, drainage, buffering and other necessary facilities will be provirlPri for the following reasons; Utilities are already present; corner location provides easy and safe access; petitioner is aware of buffering needs ie: privacy fence to north and greenery elsewhere, as shown on drawings presented. 5. Adequate measures will be takers to provide ingress and egress so designed as to minimize traffic congestion in the public streets for the following reasons: Design of traffic flow has been made after consultation with local traffic and police personnel to assure absolute safety- 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: The Wayne County Farm Bureau has entered into a conditional land purchase on the three above sites subject to securing a rezoning to allow a service station. The property is presently zoned C-1 (but for 8' of R-y), so there is the combined request for zoning to Special Use within C-2 to allow service station. The petitioner is a long-time, well - established, locally operated corporation which believes this project will be good for the area and for the community. South E is a well - traveled and well -maintained thoroughfare and the proposed development will provide a convenient and useful location for such traffic, without -2- • r , Ordinance No. 52-1993 C. SPECIAL USE NARRATIVE (continued}: causing an detrimental effect to the immediate areas. D. SITE _ The Site Plan submitted is to he drawn on unlined papor at an engineering scale, with a north arrow and shall sh" the following: 1. All property lines 2. Location of existing building(s) 3. Location of proposed buildings) -and/or additions 4. Location of off street parking and loading spaces 5. Existing and propsed dimensions shall be given for thN 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 9. watersanddicating locationthe of existingnof flow Of sand proposed stormracPstor water'El 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 DEPOS AND SAY, THAT ALL THE ABOVE STATEMENTS AND THE STATEMENT CONTAINED ALL HE EXHIB S TRANSMITTED HEREWITH ARE TRUE: Piz a'4 PETITIONER J ADDRESS SUBSCRIBED ANDD SWORN BEFORE ME THIS 30 DAY OF June 19 93 c-C Ci, iI ct&Le NQT RY PpUBLIC, RtbluEN'I'• OF WAYNE COUNTY UeOe MY COMMISSION EXPIRES: `�` -3- DISPOSITION OF ORDINANCE NO. -19%� RESOLUTION NO. —_ 189„^ by Common Council Ordinance No,22 ResolutionN,��o.��_,� Elstro Lundy Brookbank Donal McBride Parker Dickman Alien Hutton Date2Ls� A25 Susp. rules Ist read Title only ----- ---------------- ----- --- - ------ -- Proof of Publicaton Seconded Move 10 2ndread- ------------ -- - ------ ---- ---- -- ----------- ....................... - ---- Seconded Engrossment ---------- ------------- ------ -- Seconded ................................ ----------------- Susp rules 3rd read Seconded Passage ✓ We- ------- --OR- -------------- ------------ -------------- -------------- Rejection Date Passe COMMITTEE Committee Date Commttee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: