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Home My Public Portal About033-1991 - ORDINANCE AMENDING CHAP 154 OF THE MUNICIPAL CODE PRAMENDED ORDINANCE NO. -1 91 AN ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO.2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 912 AND 914 MENDLESON DRIVE, FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO C-2SU COMMERCIAL SPECIAL USE DISTRICT; AND ALSO AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A COMMERCIAL DEVELOPMENT UNIT PROJECT. 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 912 and 914 Mendleson Drive; and, WHEREAS, it is the intent and purpose hereof to change the zoning classification of said property from R-2 Single Family Residence District to C-2SU Commercial Special Use District and to authorize the special use of said property as a commercial development unit project; and, WHEREAS, a study of this Ordinance was conducted by the Richmond Advisory Plan Commission the day of ,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 _ in favor of/in opposition to recommending the passage of Amended Ordinance No. 33-1991. NOW THEREFORE BE IT ORDAINED BY the Common Council of the City of Richmond, Indiana as follows: SECTION 1. That the zoning classification of the property described below, and the same is hereby changed to C-2SU Commercial Special Use District, and that said property be regulated in accordance with the Zoning Ordinance of the City of Richmond, Indiana and all amendments thereto. 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. Amended Ordinance No. 33-1991 Page 2 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 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 01 48' west 142.91 feet more or less to the northeast corner of said Lot No. 5; thence north 890 12' west 100 feet to the place of beginning, containing 0.31 acres more or less. SECTION 2. That as provided in Articles 31, 45 and 48 of Chapter 154 of the Code of Ordinances, the following described use of the above described property is allowed as a commercial development unit project. SECTION 3. That as a condition of being granted the special use and as an additional restriction on said use, the following requirements shall hereafter and at all times be met by the owner of said real estate. 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. d. The approval of the commercial development unit project shall be subject to the vacation and adjustment or relocation of the existing utilities located in the utility easement running along the north side of Lots 4 and 5 in the Highland View Subdivision. e. Prior to the issuance of an Improvement Location Permit, the owner shall dedicate and record all neccessary easements. Amended Ordinance No 33-1991 Page 3 f. Prior to the issuance of an Improvement Location Permit, the construction plans for storm sewers and drainage detention areas shall be approved by the City Engineer's Office. SECTION 4. 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. day of� 1991. President of Common Council ATTEST:L� City Cle PRESENTED by me to the Mayor of the City of Richmond, Indiana, this�day of_�&a . ,1991. City CI rk APPROVED by me, Frank �. Waltermann, Mayor of the City of Richmond, Indiana, this--?-�day of6ea:5.. 1991. N I R , IS ARM ATTEST: City Cler RICHMOND ADVISORY PLAN COMMISSION RICHMOND, INDIANA August 2, 1991 Mrs. Sally Hutton, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 33-1991 Plan Commission Case PC-91-18 Dear Mrs. Hutton, Members of Common Council and Mrs. Merchanthouse: The Richmond Advisory Plan Commission conducted a public hearing on Tuesday, July 23, 1991, on the petition of Charles William and Shelia Guy Focht and Raymond E. and Minnie L. McDaniel, owners; Tharaldson Development, Company, agent; requesting a rezoning from R-2 Single Family Residence District to C-2SU Commercial Special Use District, and also requesting special use authorization for a commercial development unit project on property located at 912 and 914 Mendleson Drive. As the Common Council is aware, the planned unit development process involves a 2 step procedure, consisting of preliminary approval and final approval. Common Council adopted Ordinance No. 24-1991 and then subsequently over rode the Mayor's veto of said Ordinance to grant preliminary approval to the project. Tharaldson Development Company is now requesting a rezoning and final approval for the project. The property in question consists of 2 lots located on the north side of Mendleson Drive that are 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. 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 No. 33-1991 Page 2 Ordinance in two areas concerning the required number of off-street parking spaces and the minimum project area. However, Common Council granted modifications to these requirements with the passage of Ordinance No. 24-1991. 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. 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 six (6) 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 additional conditions regulating the project were needed. Therefore, the Plan Commission voted six (6) to one (1) to recommend to Council that Ordinance No. 33-1991 be amended by adding certain conditions to Section 3 of said Ordinance. The Commission also voted that upon the amendment of Ordinance No. 33-1991, the Ordinance be adopted. A copy of the proposed amended Ordinance is attached. RespectfLLIIIIv submitted, Daniel S. Dooley, Exe tive Secretary Richmond Advisory Plan Commission INTER -OFFICE MEMO DATE: June 28, 1991 To: Common Council FROM: Dan Dooley SUBJECT: Ordinance No. 33-1991 COPY TO: Petitioner: Charles and Shelia Focht and Raymond and Minnie McDaniel, owners; Tharaldson Development Co., agent. Request: a rezoning from R-2 to C-2SU and also requesting special use authorization for a commercial development unit project consisting of a Comfort Inn Motel. Location: on property located at 912 and 914 Mendleson Drive. DISPOSITION OF ORDINANCE NO. -3 3 -199_Z RESOLUTION NO. -199 by Common Council Ordinance No& 3 Resolution No. _ Elstro Lundy Brookbank Hankinson McBride Parker Morris Paust Hutton Date ,/- Susp, rules Ist read Title only 1 c— Seconded --- v ------ --------- - - ------------- ------ ------ Proof of Publicaton --------------------- Seconded -- ----- ---------- - - 7r---- -------- -------------- ------ ------ Move to 2nd read Seconded ...... ... -- -- - - - --- -------------- ------ ------ Engrossment �— Seconded --- ---------- --------- -------- -------------- ------ ------ C� Susp rules 3rd read Seconded --- ------ ---------- v --------- -------- -------------- ------ ------ Passage ✓ 0 R ------- ---------- -------------------- ------- ------- ------- Rejection ,/ Ll� I �d Date Passed COMMITTEE ASSIGNMENTS: Committee Commitee Hearing Date Reassigned to Council PUBLICATION DATI AMENDMENTS: COMMENTS: