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Home My Public Portal About024-1991 - ORDINANCE GRANTING PRELIMINARY APPROVAL TO A COMMERCORDINANCE NO. 24-1991 AN ORDINANCE GRANTING PRELIMINARY APPROVAL TO A COMMERCIAL DEVELOPMENT UNIT PROJECT IN A R-2 SINGLE FAMILY RESIDENCE DISTRICT ON PROPERTY LOCATED AT 912 AND 914 MENDLESON DRIVE, PURSUANT TO ARTICLES 45 AND 48 OF CHAPTER 154 OF THE CODE OF ORDINANCES, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA. WHEREAS, the Zoning Map which is a part of Ordinance No. 2325-1968 designates and describes as R-2 Single Family Residence District the property located at 912 and 914 Mendleson Drive and, WHEREAS, it is the intent and purpose thereof, 'pursuant to Articles 45 and 48 of the Zoning Ordinance, to grant preliminary approval to a commercial development unit project on the above said property; and, WHEREAS, a study of this Ordinance was conducted by the Richmond Advisory Plan Commission the day of InLtV. ,1991, at which time remonstrances were heard from all parties interested in or affected by this Ordinance; and, WHEREAS, the vote of the Richmond Advisory Plan Commission was to .2 in favor of/in appesitien e recommending the passage of Ordinance No. 24-1991. NOW THEREFORE BE IT ORDAINED BY the Common Council of the City of Richmond, Indiana as follows: SECTION 1. That pursuant to Article 45 and 48 of the Zoning Ordinance, preliminary approval for a Commercial Developement Project on the property described below is hereby granted. Lots Numbered 4 and 5 in the Highland View Subdivision. And also; Beginning at the northwest corner of Lot No. 4 in Highland View Subdivision (a part of the Northeast Quarter of Section 20, Township 14 North, Range 1 West, said Subdivision being platted and recorded in Plat Book 7, page 192, Office of the Wayne County Recorder) and running thence North 0 degrees and 48' East 142.91 feet more or less to a point in the South right-of-way line of Interstate Route No. 70 (I. R. 70); thence north 82 degrees 58' east along said right-of-way line 100.94; thence south 0 degrees 48' West 156.67 feet more or less to the northeast corner of said Lot No. 4; thence north 89 degrees 12' west 100 feet to the place of beginning, containing 0.34 acres more or less. And also; Beginning at the northwest corner of Lot No. 5 in Highland View Subdivision (a part of the Northeast Quarter of Section 20, Township 14 North, Range 1 West, said Subdivision being platted and recorded in Plat Book 7, page 192, Office of Ordinance No. 24-1991 Page 2 the Wayne County Recorder) and running thence North 00 48' East 129.15 feet more or less to a point in the South right-of- way line of Interstate Route; No. 70 (I.R. 70); thence north 820 58' east along said right-of-way line 100.94 feet; thence south 00 48' west 142.91 feet more or less to the northeast corner of said Lot No. 5; thence north 8911 12' west 100 feet to the place of beginning, containing 0.31 acres more or less. SECTION 2. That as a condition of being granted preliminary approval the owner shall at all times comply with the following conditions: A. The commercial development unit project shall be developed in accordance with the site plan and petition approved by the Richmond Advisory PLan Commission. Said site plan and petition shall be marked Exhibit A and made a part of this Ordinance. B. A modification of the commercial development unit project requirements and standards setforth in Article 45 of the Zoning Ordinance shall be allowed regarding the minimum site area required from 10 to 1.3 acres and regarding the minimum number of required off-street parking spaces from 160 spaces to 57 spaces. C. The owner shall make a written commitment, which has been determined by the City Attorney to be legally binding on the owner and future owners of the property, to limit and restrict the use of any building and premises within the commercial development unit project to a hotel or motel only. SECTION 3. This Ordinance shall be in full force and effect from and after its passage and approval as by law required. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this 3rrlday of-01991. President of Comm n Council ATTEST: City CIA Ordinance No. 24-1991 Page 3 PRESENTED by me to the Mayor of the City of Richmond, Indiana, th i s—Y—!jday of,1991. City C erk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this day of ,1991. Mayor ATTEST: City Clerk VETO FORM ORDINANCE NO. 24-1991 This Ordinance disapproved and vetoed by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, on the day of June,1991, at the hour of //.' '?o O'clock - .M. i ATTEST: �( 6,, j" f- Mary Mer antho se, City Clerk This Ordinance was returned by me to the Common Council of the City of Richmond, Indiana on the �� dayof.g.�e �a This Ordinance was reconsidered by the Common Council of the City of Richmond, Indiana on the day of 19C.gJ Preside f Common Council The vote of the Common Council of the City of Richmond, Indiana was ` e to 3 in favor of -capaWksaWoverriding the veto. President of Common Council ATTEST; City C� I- -- -- -- — RICHMOND ADVISORY PLAN COMMISSION RICHMOND, INDIANA May 30, 1991 Mrs. Sally Hutton, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 24-1991 Plan Commission Case PC-91-15 Dear Mrs. Hutton, Members of Common Council and Mrs. Merchanthouse: The Richmond Advisory Plan Commission conducted a public hearing on Tuesday, May 28, 1991, on the petition of Charles William and Shelia Guy Focht and Raymond E. and Minnie L. McDaniel, owners; Tharaldson Development, Company, agent; requesting preliminary approval for a commercial development unit project in a R-2 Zoning District and also requesting modifications of development unit project requirements and standards to reduce the minimum project area from 10 acres to 1.3 acres and to reduce the minimum number of off-street parking spaces required from 160 to 57, on property located at 912 and 914 Mendleson Drive. As the Common Council is aware, the development unit or planned unit development process involves a 2 step proceedure, consisting of preliminary approval and final approval. Preliminary approval is concerned with the proposed project at the conceptual level to determine if the design of project is attractive and functional, if neighboring property will be harmed, if undue traffic congestion will be created, if the Comprehensive Plan will be complied with, whether or not the property is properly zoned or could be properly zoned to accommodate the project and to consider any proposed modifications of the development unit requirements and standards. Secondary approval is concerned with meeting engineering and technical requirements for construction and a rezoning if required. Ordinance No. 24-1991 Page 2 The property in question consists of 2 lots located on the north side of Mendleson Drive and is presently zoned R-2 Single Family Residence District. Each lot contains a dwelling and is adjacent to 1-70 on the north. The project is proposed to consist of a 52 room Comfort Inn Motel. If the project receives preliminary approval, the final approval will require a change in zoning from R-2 to C-2SU. The design of the project does not comply with the requirements for a commercial development unit project found in Article 45 of the Zoning Ordinance in two areas concerning the required number of off-street parking spaces and the minimum project area. The developer has requested modifications of these requirements. The minimum project area required for the proposed development is 10 acres and the minimum number of parking spaces based on floor area required is160. The project proposes 1.0 acres and 57 parking spaces. Representatives of the Plan Department, City Engineer's Office, Richmond Sanitary District, Richmond Fire Department and Traffic Division of the Police Department have reviewed the project site plan. No problems have been identified. Sewer and water facilities are available at appropriate capacities to serve the project. The Plan Commission considered the following information: The property in question is located in area designed by the Comprehensive Plan as a special area whose development is strategically important to the whole community. The property possess unique locational characteristics such as frontage on 1-70, proximity to one of only four 1-70 Interchanges serving the community, i.e. a gateway to the City, access off of the City's principle north -south thoroughfare. The petition indicates that the developer is offering to enter into a commitment to limit the use of the property to a motel only, so that the complete range of uses permitted in the C-2SU District would not be permitted on the property. The developer is also in the process of negotiating a cross easement with Richard's Restaurant to facilitate internal traffic circulation. Storm drainage is proposed to be collected and detained on the site and then discharged into a side ditch along the Interstate. The has been tentatively approved by the State. The west property line of the project will be fenced with a solid wood fence and landscaped to provide a buffer between the motel and the dwelling to the west. The developer is also proposing to install new sidewalks in front of the project along Mendleson Drive. Ordinance No. 24-1991 Page 3 Eighteen (18) notices of public hearing were sent to the residents surrounding the site. One (1) notice was returned to the Plan Department in favor of the petition and five (5) notices were returned to the Plan Department oppossed to the petition. During the public hearing, Mr. Ben Kovach, of 900 Mendleson Drive, spoke in opposition to the petition citing concerns about traffic hazards and the encroachment of commercial use into a residential neighborhood. The Plan Commission determined that there are justifications to grant the requested modifications of Article 45 of the Zoning Ordinance. Therefore, the Plan Commission voted seven (7) to two (2) to recommend to Council that Ordinance No. 24-1991 be adopted. Respectfull submitted, Daniel S. Dooley, Executive Secretary Richmond Advisory Plan Commission INTER -OFFICE MEMO DATE: May 16, 1991 To: Common Council FROM: Dan Dooley SUBJECT: Ordinance No. 24-1991 COPY TO: Petitioner: Charles William and Shelia Guy Focht and Raymond E. and Minnie L. McDaniel, owners; Tharaldson Development, Company, agent. Request: requesting preliminary approval for a commercial development unit project in a R-2 Zoning District consisting of a 52 room Comfort Inn motel and also requesting modifications of development unit project requirements and standards to reduce the minimum project area from 10 acres to 1.3 acres and to reduce the minimum number of off-street parking spaces required from 160 to 57. Location: 912 and 914 Mendleson Drive. DISPOSITION OF ORDINANCE NO. -199 / RESOLUTION NO. -199 by Common Council Ordinance No. Z I/ Resolution No. _ Elstro Lundy Brookbank Hankinson McBride Parker Morris Paust Hutton Date `, - Susp, rules Ist read Title only ------- - Seconded - --- v Proof of Publicaton ------------------------- Seconded ------ ---------- --------- -------- -------------- ------ ------ Move to 2nd read Seconded Engrossment ------------ ------------ Seconded --- - --------- c� -------- ------- ------------- ----- ------ Susp rules 3rd read ------------------------- Seconded ------ ---------- --------- -------- -------------- ------ ------ Passage S �_ V— -.---OR ------- ---------- ----------- - -------- Rejection v � � Date Passed (o -3 -,%/ COMMITTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: ��a