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Home My Public Portal About016-1990-WITHDRAWN-ORDINANCE AMENDING CHAP 154-ZONING- 800BLK OORDINANCE NO.16-1990 AN ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO.2325-1968,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 IN THE 800 BLOCK OF SOUTH 18TH STREET, ON THE WEST SIDE, FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO R-2SU SINGLE FAMILY RESIDENCE SPECIAL USE DISTRICT AND AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A NURSERY SCHOOUDAY CARE CENTER. 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 in the 800 block of South 18th Street, on the west side; 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 R-2SU Single Family Residence Special Use District and to authorize the specal use of said property as a nursery school/day care center; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the day of ,1990, at which time remonstrances were heard from all parties interested in or affected by this Ordinance; and, WHEREAS, the vote of the Richmond City Plan Commission was to in favor of/in opposition to recommending the passage of Ordinance No. 16-1990. 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 R-2SU Single Family Residence 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 39, 40, 41, 42, 43 and 44 in the Fairfield Addition to the City of Richmond, Indiana. SECTION 2. That as provided in Articles 21, 45 and 48 of Chapter 154 of the Code of Ordinances, the following described use of the above described property is allowed as a nursery school/day care center. 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. Ordinance No. 16-1990 Page 2 A. The Special Use site plan and petition shall be marked Exhibit A and made a part of this Ordinance. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval as by law aquired. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this day of , 1990. President of Common Council ATTEST: City Clerk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this day of ,1990. City Clerk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this day of ,1990. Mayor ATTEST: City Clerk INTER -OFFICE MEMO DATE: March 1, 1990 To: Common Council FROM: Dan Dooley SUBJECT: Ordinance No. 16-1990 COPY TO: Petitioner: Jerry L. Jennings, owner; Carlton Wilson agent. Request: change in zoning from R-2 Single Family Residence District to R- 2SU Single Family Residence Special Use District and also requesting special use authorization for a nursery school/day care center. Location: 800 block of South 18th Street on the west side. I LATER- OFFICL E M U iN 6'inNP I]ATE: March 14, 1990 TO: Dan Dooley, Director Planning/Permits/Inspections FTU4: Sgt. Randy Kolentus Department of Traffic Safety SIID,7FGT: Request for Nursery School Day Care Center "Cry in: File In regards to the request for a Nursery School Day Care Center at 507 South 18th Street, Richmond, Indiana, Captain Ron Witliams and myself have looked at this area. We feel from a traffic standpoint, there would be no traffic flow problem. There are adequate streets to cover traffic entering and leaving this area. The only change we would request, is that for the exit from the parking area to South "I" street be moved west, to align with South 18th street rather than the present offset diagram. The exit from this lot onto South "I" street will need a posted Stop Sign, thus aligning the inter- section, making it safer. Respectfully, Sgt. Randy Kolentus Department of Traffic Safety RK/kds FAIRFIELD 1st..ADDITI01 LOTS 39,40,41,42,43,44 n GRASS AREA N i FENCE{ PLAY GROUND 58` 32, PROPOSED BUILDING � H 30 z \. \ ASPHALT DRZ- B--- --� FENCED � � PLAY GROU D ` o 14 f w 2` 5 r; 9 9 GRASSREA N , 24s 38 x o l ASPHALT PAR IN�w**;t:: p o, a`:>RASS rn AREA :A!REA , TroyQ 175.45� 7 5' SOUTH I STREET (40'Pavement) SITE; PLAN SCALE ,l"=401 :Lots 39,40,41,42, 43,44 1st Fairfield ADD File No. Scale: Petitioner: Jerry L. Jennings Request: South 18th St. & South I St. 1"=40'-0" 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 residential -scale of building and amenities will enhance the neighbor hood. 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: All Acitivities will be contained within the buildings and Fenced in play yards which will be screened from the adjoining properties with a wooden fence. 4. Adequate utilities, access roads,.drainage, buffering and other necessary facilities will be provided for the following reasons: The small narking area will be screened from street by appropiate landscaping. Drainage will remain much like it is now, except the parking lot will be drained directly into Storm Sewer.-, 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: Adequate measure have bee"n taken to provide on site on and off loading of children, without disrupting the traffic flow on South I or South 1.8 th streets. 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 special use is requested -for the establishment of a nursery school/ day care center which will accomidate approximately 100 children ages 22 to 5 years in age. I will provide a much needed service to families on the east side of of the community. The services will be provided under the rules regulations as outlined by the State of Indiana. The center will be owned and operated by Ginger Smith and Linda Graham. Ginger Smith is the foundcr,owner, operator of the Gingerbread House , pre school, presently located at 2112 North C Street. BEFORE THE RICHMOND CITY COUNCIL IN THE MATTER OF THE PETITION FOR SPECIAL USE - JERRY L. JENNINGS, OWNER: CARLTON WILSON, AGENT (P.C. 90-5 BEFORE THE RICHMOND CITY PLAN COMMISSION) REQUEST TO WITHDRAW PETITION FOR SPECIAL USE AND TO TERMINATE FURTHER PROCEEDINGS The Petitioner, by agent Carlton Wilson, requests that his special use petition in the above matter be withdrawn and that all further proceedings before the Richmond City Council be terminated. This proceeding has been brought in the name of the record owner of the property which would be affected by the request for special use zoning, as is required by applicable rules and procedure. However, the primary petitioners are prospective purchasers of the property from the record owner. They have proposed the requested special use for the purpose of constructing a new and expensive facility for the operation of a day care center and pre- school. The Petitioners have believed and continue to believe that their pro- posed school would be a positive addition to the neighborhood and that it would help allievate one of the most serious problems in our community which arises from a shortage of child care facilities. The nature of the proposed school and the careful and caring manner in which it would be operated as a part of the extended family makes it ideally suited for a residential environment. Petitioners have been aware of neighborhood opposition to their proposal. They believed until most recently that time for reflection and a better understanding of the proposed operation would cause the opposition to subside. Although opposition has decreased, the hard core opposition apparently has not diminished. Although Petitioners expect that their proposal would be approved after full hearing by the City Council and, once established, that their school would be widely accepted and supported, they have concluded that the present demonstration of lack of acceptance in the area makes their venture too risky. The present attitude in the area jeopardizes the very substantial investment which would be necessary to make Petitioners' proposal a reality, jeopardizes the success of the operation which depends, in part, upon providing service to the general neighborhood as well as the community at large, and jeopardizes the long term well-being of the young children and their families who would use and be a part of the school and who deserve reasonable assurance that there would be a friendly environment not only in the school but also in the surrounding area. The latter of the foregoing factors is particularly important to the Petitioners since one of the fundamental goals of the Petitioners in dealing with children is to build their self-esteem, and their feelings of support and security during the hours they are away from their parents. Petitioners request, therefore, that the special use petition be with- drawn and that these proceedings be terminated without further hearing or action by the Richmond City Council. (Carlton Wilson) gent Dated: Ak% t" 1990 CITY PLAN COMMISSION RICHMOND, INDIANA May 2, 1990 Mrs. Jane Brookbank, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 16-1990 Plan Commission Case PC-90-5 Dear Mrs. Brookbank, Members of Common Council and Mrs. Merchanthouse: The Richmond City Plan Commission conducted public hearings on Tuesday, March 27, 1990 and April 24, 1990, on the petition of Jerry L. Jennings, owner, Carlton C. Wilson, agent, requesting a rezoning from R-2 Single Family Residence District to R-2SU Single Family Residence Special Use District and also requesting special use authorization for a nursery school/day care center on property located in the 800 block of South 18th Street on the west side. The proposed nursery school/day care center would be constructed on six vacant lots located at the northwest corner of South 18th and South I Streets. The nursery school is proposed to be owned and operated by Ginger Smith and Linda Graham and to accomidate approximately 100 children between the ages of 2 112 to 5 years old. Attached are copies of the petition submitted to the Plan Commission and the input on the petition from the Traffic Division of the Police Department and the Fire Department One hundred (100) notices of public hearing were sent to the surrounding residents with fifty-six (56) returned in opposition to the petition and four (4) returned in favor of the petition. During the public hearings four Ordinance No. 16-1990 Page 2 persons spoke in favor of the petition citing the need in the community for nursery school/day care center facilities and attesting to the qualifications and competence of Mrs. Smith and Mrs. Graham. Six (6) persons spoke in opposition to the petition citing concerns about the decrease in neighborhood propoerty values, spot zoning and the negative impact of the proposed nursery school on the use and enjoyment of the neighboring residential property. Under the State Law the Plan Commission is required to hold a public hearing before Common Council acts on a proposed rezoning ordinance. The State Law provides that at the close of the Commission's hearing, the Commission must certify to Council one of three actions, (1) a recommendation to approve the ordinance, (2) a recommendation to deny the ordinance, or (3) no recommendation. No action of the Commission is official unless there are at least six (6) members voting one way or the other. The Commission conducted public hearings on two dates regarding the petition. Motions were made by Commission members to recommend to Council both approval and denial of the petition. Both motions failed because of a lack of official action. In a very unusual circumstance, the Commission was unable to determine a recommendation to Council on the petition. Therefore the Commission voted seven (7) to one (1) to return Ordinance No. 16-1990 to Council with no recommendation. Respectfull submitted, �� v. Daniel S. Dooley, Executive Secretary Richmond City Plan Commission DISPOSITION OF ORDINANCE NO. -199 RESOLUTION NO. -199 by Common Council Ordinance No. Resolution No. _ Elstro Lundy Hankinson McBride Parker Hutton Morris Paust Brookbank Date Susp. rules Ist read Title only ------------------------ Seconded ------ •------- --------------- ------ ------ ----- ---------- Proof of Pubiicaton -------------------- Seconded ----- ------ ---------- -------- ------ ------ ------ ------ ---------- Move to 2nd read ------------------------- Seconded ------ ---------- -------- ------ ------ ------ ------ ---------- Engrossment ----- ------------------- Seconded -- ---------- ------- ----- ----- ------ ------ ---------- Susp rules 3rd read ----- -------------------- Seconded ------ ---------- -------- ------ ------ ------ ------ ---------- Passage ----- ---O R ------- ----------- --------- ------ ------- ------ ------- ----------- Rejection Date Passed COMMITTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: DISPOSITION OF ORDINANCE NO. -199 RESOLUTION NO. -199 by Common Council Ordinance No.� Resolution No. ^ Elstro Lundy Hankinson McBride Parker Hutton Morris Paust Brookbank Date Susp, rules Ist read Title only ------------------------- Seconded ------ ---------- I✓ --------------- ------ ------ ------ ---------- Proof of Publicaton ------------------------- Seconded ------ ---------- -------- ------ ------------- ------ ---------- Move to 2nd read ------------------------- Seconded ------ ---------- -------- ------ ------ ------ ------ ---------- Engrossment ------------------------- Seconded ------ ---------- -------- ------ ------ ------ ------ ---------- Susp rules 3rd read ------------------------- Seconded ------ ---------- -------- ------ ------ ------ ------ ---------- Passage ------ ---O R ------- ---------- --------- ------ ------- - -------- ----------- Rejection Date Passed COMMITTEE ASSIGNMENTS: Committee jn Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: ' COMMENTS: