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HomeMy Public PortalAbout006-1992 - SPECIAL ORDINANCE AMENDING CHAP 154 KNOWN AS THE ZONORDINANCE NO. 6-1992 A SPECIAL ORDINANCE AMENDING CHAPTER 154 OF THE RICHMOND CODE, COMMONLY KNOWN AS THE ZONING ORDINANCE WHEREAS, the zoning map designates the properties located at 15 and 17 North 19th Street as R-3, Multi -Family Residence District, and WHEREAS, it is desirable to change the zoning district to R-3 SU, Multi -Family Residence Special Use District, to permit the installation of an off- street parking lot, NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the zoning classification of 15 and 17 North 19th Street, more particularly described as part of lot 7 in L & H.H. Fetta Addition to the City of Richmond, is hereby changed to R-3 SU, Multi - Family Residence Special Use District to permit the installation of an off-street parking lot to be regulated by Articles 22 and 48 of said Chapter 154 of the Richmond Code. Be it further ordained that the Special Use site plan and petition therefore shall be marked Exhibit A and made a part hereof and that the co itions of approval are attached hereto as Exhibit B. PASSED AND ADOPTED this day of MkxCAJ , 1992, by the Common Council of the Citv of Richmond. Indiana. ATTES City Clerk (Norma Carnes) to the Mayor of the City of Richmond, Indiana, this day o", PRESENTED at 9:00 a.m. City Clerk 4(o a Carnes) 1992, City of Richmond Indiana this Ada of MLVMby,me, Roger Cornett, Mayor of the y , � y 1992, at 9:05 a.m. Mayor o r Cornett) ATTES0 , City Clerk 4 orma Carnes) RICHMOND ADVISORY PLAN COMMISSION RICHMOND, INDIANA FEBRUARY 26,1992 Mr.Jack Elstro, President Members of Common Council and Mrs. Norma Carnes, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 6-1992 Dear Mr.Elstro, Members of Common Council and Mrs. Carnes: The Richmond Advisory Plan Commission conducted a public hearing on Tuesday, February 25, 1992 on the petition of Drs. Reising and Burkhart owners; agent George S. Sowers, Requesting a special use for an off- street parking lot at #15 and #17 North 19th. Street. The area is presently zoned R-3. The request, if granted, will allow the doctors to remove an existing double residential house and to install a parking lot North of their present offices. The present zoning classification would remain as R-3 and a designation of "Special Use" added. Adjacent property owners were informed of this request by mail and none were opposed. The Police Traffic Division reviewed the plans and reported no opposition to the request. The Planning Commission voted 11-0- to recommend passage of this ordinance by Council. Ily subm' ted, Robert B. Goodwin, Executive Secretary Richmond Advisory Plan Commission NO. RICHMOND ADVISORY PLAN COMMISSION/ RICHMOND ADVISORY BOARD OF ZONING APPEAL NAMES AND ADDRESSES OF INTERESTED PARTIES 17.ti14 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 Plan Department staff shall use the information provided by 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. \�11 Reising & Burkhart, Optometrists 1900 East Main Street an Indiana partnership ___ RichMgnd. TN 47174 Map 46--33-430; Parcel 125 21 North 19th Street Lorena Whalen Richmond, IN 47374 Map 6-33-430; Parcel 124 4400 South "B" Street Jose P. Clemente Richmond IN 47374 Map 46-33-430; Parcel 126 133 South 15th Street Vicki L. Stamper Richmond. Map 46-33-430; Parcel 244 Ordinance 6-1992 NO. RICHMOND CITY PLAN COMMISSION PETITION FOR REZONING TO THE SPECIAL USE DISTRICT 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 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: _15 & 17 North 19th St. ,_Richmond, IN Part Lot 7 L. & H.H. Fetta Addition LEGAL DESCRIPTION: (See conv af attached deed) OWNER (RECORDED): Reising & Burkhart, Optometrists, an Indiana Partnership ADDRESS: 1.900_ E.__Main—__Rie_hmond_. _IIL TELEPHONE: 962-2243 AGENT: George M. Sowers, Attorney 111 South 7th Street AGENT'S ADDRESS: TELEPHONE; _ 966-2683 DATE ACQUIRED: 1/4/90 ZONE CLASSIFICATION: R-3 EXISTING USE: Multi -family residential housing REQUESTED SPECIAL USE: Accessory parking for medical office 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 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 addition of more off-street parking should serve to relieve current traffic congestion, but without 'increasing the traffic count. 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: Accessory off-street parking. is _a permitted special use for medical offices. The expansion of off --street parking will allow location of medical office to remain viable and thus stabilize neighborhood. 4. Adequate utilities, access roads, drainage, buffering and other necessary facilities will be provided for the following reasons: Petitioner will comply with i-.he MaGtP r Plan standards for accessory off-street parking provided in Section 41.03 of the Zoning Ordinance. 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: Petitioner will comply with all standards for accessory off-street parking, including screening, setbacks, surfacing and provision for adequate ingress and egress. 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 petitioner, Reisin n =—_ Indiana -Partnership, purchased this property on January 4, 1990. C. SPECIAL USE NARRATIVE (continued): The petitioner desires to raze the multi -family dwelling and create additional off-street parking for the optometry practice at 1900 East Main Street. The multi -family dwelling currently located upon the lot is an older wood frame dwelling, as are many other of the surrounding properties. Man of the 2roperties in the area need extensive remodeling, repair or rehabilitation. it is unlikely that this will occur in the neighborhood in,generai With the foregoing in mind, the owners of the petitioning partnership, Dr. Gregory G. Reising and Dr. Edwin Cy Bur art, believe that it would benefit the neighborhood to raze the we ing, and construct additional off-street parking in accordance with special use district standards, while at the same time enhancing the value of the primary real estate at 1900 East Main Street. This development will help reduce the 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 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 T. 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. Anv other information required by the Plan Commission Staff Warranty ;Deeb . 0 0 01 1 0 THIS INDENTURE WITNESSETH, That R. EDWIN HOGS and MARTMA R. BOOS, husband and wife of Wayne County, to the state of Indiana k'r YNF, OOUN-"6M t so REISING & BURKHART, optometrists, an India a art ersh IS or and 'tt consideration of the sum of Gt of Wayne Coursty, in she Stare of Indiana f ! One Dorlar (1.0o) and other * wb(e contidemHom, t fd the receipt whereof it hereby achnawledyed, the foiiowiny described stem Estate In Wayne in the State of Indane k lo-w1F. Being a part of Lot Number Seven (7) in L. & H. H. Fetta Addition to the City of Richmond, Indiana, and being more particularly described as follows: Beginning at a point seventy-three (73) feet North of the intersection of the north line of East Main Street and the east line of North Nineteenth (19th) Street in said City of Richmond, Indiana, and running thence, frorn said beginning point, East at right angles to the east line of said North Nineteenth (19th) Str°:et, a distance of ninety-four (94) feet; thence North, parallel to the east line of said North Nineteenth (19th) Street, a distance of fifty-six and twenty-five hundredths (56.25) feet; thence West, a distance of ninety-four (94) feet to a point in the east line of said North Nineteenth (19th) Street, said point being fifty-six and twenty-five hundredths (56.25) feet North of the place of beginning; thence South, along the east line of sa't North Nineteenth (19th) Street, a distance of fifty-six and twenty-five hundredths (56.25) feet to the place of beginning. SUBJECT To the real estate taxes for the year 1987, due and payable in the year 1988, and all subsequent taxes which the grantees herein assume and agree to pay. oilty enterw.ho blow skis day of aiddtd_'I�� %, 61101TOR OF WAYNE { OUNA' Ag7NESS GHEQ_EOF, Grantor has executed this deed ma. q.19 Cla — �rr SEAL) Signature .11{4�._ R. ,Hoos • }_{ P;dtuedf, Edwin Haos Printed Martha SS: a; Before me. a Notsty Public in and for said County and State, personally appeared U' is R dwin Moos and Martha R. Hoos that any who acknowledged the execution of the foregoing Warranty Deed, and who, having been duly sworn, crated t representations therein contained are true. d' Witness my hand and Notarbt Seal this,...^. U day of My commission expires Signature Printed 1 Notary Public Residing in LdNQ County, Indians. This instrument was prepared by— ,:etorney at law. CD En CD rn ,� CT b v "Ic --- o i o v C> r M. ,f d 1 ' 41- t z ty D 1 0 CL CD r o C> o G M t= i ' r DISPOSITION OF ORDINANCE NO. _1,2__ .199 Z-- RESOLUTION N6. -199 by Common Council Ordinance No. Resolution No. _ Elstro Lundy Brookbank Donat McBride Parker Dickman Allen Hutton Date qL Susp. rules Ist read Title only ✓ --------------- ---------- Seconded ------ ---------- --- -- -------- ✓ - - ---- -------- ------ --------- Proof of Publicaton Seconded ------- ----- -------- ------ -------- ---- --- --- Move to 2nd read Seconded --- -------- -------------------------- Engrossment V --- Seconded ----- ---- --------- ---- ------ -- -- -------- ----- --------- Susp rules 3rd read ✓ ----- ----- -------- ------ Seconded / �� -------- ------ --------- Passage tf ,/ ,i � ,/ � ------ ---O R- ------ ---------- ------------ ------ -------- ---- - ---------- Rejection Date Passed .S 2 1 q Z1 COMMITTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: