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HomeMy Public PortalAbout017-1990-DEFEATED- ORDINANCE AMENDING CHAP 154-ZONING-700 AND 8AMENDED ORDINANCE NO. 17-1990 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 700 AND 800 BLOCKS OF SOUTHWEST 15TH STREET, FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO R-2 SU SINGLE FAMILY RES➢DENCE SPECIAL USE DISTRICT; AND ALSO AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A RESIDENTIAL 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 in the 700 and 800 blocks of Southwest 15th Street; and, WHEREAS, it is the intent and purpose hereof to change the zoning classification of said property from R-2 Single Family Family Residence District to R-2 SU Single Family Residence Special Use District and to authorize the special use of said property as a residential development unit project; 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 Amended Ordinance No. 17-1990. 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-2 SU 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. Being a part of the Southwest Quarter of Section 6, Township 13 North, Range 1 West in the City of Richmond, Wayne County, Indiana, and being more particularly described as follows: Lots 20, 21, 22, 23, 24, 25 and 30 in Hidden Valley East Section 4. 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 residential development unit project. Amended Ordinance No. 17-1990 Page 2 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 Special Use site plan and petition shall be marked Exhibit A and made a part of this Ordinance. B. Modifications of the develpment Unit Project requirements and standards setforth in Article 45 of the Zoning Ordinance shall be allowed only in conformance with the approval Special Use site plan. C. Each dwelling unit within the residential development unit project shall contain at least 1,200 square feet of floor area. D. This Ordinance does not authorize the construction of two- family dwellings on Lots 26, 27, 28 and 29 in Hidden Valley East Section 4. 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 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 11990. Mayor ATTEST: — City Clerk 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. 17-1990 Plan Commission Case PC-90-6 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 Edwin G. and Christina B. Nicholson, owners, 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 residential development unit project on property located in the 700 and 800 blocks of Southwest 15th Street. The Plan Commission granted preliminary approval to a residential development unit project known as Hidden Valley East in 1984. The concept of the development unit project consists of two-family dwellings developed bn subdivision lots adjacent to Southwest 15th Street. Three prior phases of Hidden Valley East have received final development unit project approval. The petition is now requesting final approval for the last phase of the project which involves 7 two-family dwellings to be located on individual subdivision lots in Hidden Valley East Section 4. Thirty-six (36) notices of public hearing were sent to the surrounding residents with fourteen (14) returned opposed to the petition and two (2) returned in favor of the petition. The Plan Commission conducted two Ordinance No. 17-1990 Page 2 public hearings on the petition. At the hearing conducted on March 27, 1990 twelve persons spoke in opposition to the petition. These persons cited concerns regarding the impact the project would have on neighboring property values, drainage problems and increased traffic. The Commission continued the public hearing to the April 24, 1990 meeting. At the April meeting, Mr. Nicholson informed the Commission that he had met with a group of neighbors to discuss their concerns. As a result of the meeting, Mr. Nicholson requested that the Commission accept an amendment to his petition that would reduce the number of two-family dwelling units from eleven to seven. Mr. Nicholson said he also would stipulate that the minimum floor area of each dwelling unit would be 1,200 square feet. The Plan Commission determined that Mr. Nicholson was operating in good faith by attempting to address the concerns of the neighbors and by his willingness to reduce the scope of the project even though the preliminary approval authorized more. The Commission also determined that the amended petition complies with the requirements of the Zoning Ordinance and with the preliminary approval granted to the project in 1984. The Commission also determined that the proposed two-family dwelling units within the residential development unit project would not be expected to harm neighboring property values or prevent the use and enjoyment of adjacent property. Therefore, the Commission voted eight (8) to zero (0) to recommend to Council that Ordinance No. 17-1990 be amended regarding the legal description indicating where two-family dwellings may be built and regarding Section 3. which establishes conditions on the special use. The Commission further voted to recommend that amended Ordinance No. 17-1990 be adopted. A copy of the proposed amended Ordinance is attached. Respectfull submitted, Daniel S. Dooley, Ex cutive Secretary Richmond City Plan Commission INTER -OFFICE MEMO DATE: March 16, 1990 To: Common Council FROM: Dan Dooley SUBJECT: Ordinance No. 17-1990 COPY TO: Petitioner: Ed Nicholson 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 residential development unit project consisting of 11, 2-family dwellings. Location: 700 and 800 blocks of Southwest 15th Street. AN ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2326-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF PROPERTY LOCATED IN THE 700 AND 800 BLOCKS OF SOUTHWEST 16TH STREET, FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO R-2 SU SINGLE FAMILY RESIDENCE SPECIAL USE DISTRICT: AND ALSO AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A RESIDENTIAL 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 in the 700 and 800 blocks of Southwest 15th Street; and, WHEREAS, it Is the intent and purpose hereof to change the zoning classification of said property from R-2 Single Family Family Residence District to R-2 SU Single Family Residence Special Use District and to authorize the special use of said property as a residential development unit project; 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. 17-1990. 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 properly described below, and the same is hereby changed to R-2 SU 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. Being a pan of the Southwest Quarter of Section 6, Township 13 North, Range 1 West in the City of Richmond, Wayne County, Indiana, and being more particularly described as follows: Beginning at an iron rod set at the northeast corner of Lot one -hundred thirty- nine (139) in Hidden Valley Subdivision, Section Eleven (11) as recorded in Plat Book sixteen (16), page five (5) in the Wayne County Recorder's Office, and running thence, from said beginning point, north eighty-seven (87°) degrees, sixteen (16') minutes, and fifteen (15") seconds west, along the north lines of Lots one -hundred thirty-nine (139) and one -hundred thirty-four (134) In said Hidden Valley Subdivision, Section eleven (11), three -hundred forty-five and seventy-one hundredths (345.71') feet to an iron rod set at the northwest corner of said lot one -hundred thirty-four (134) in said Subdivision and being in the east line of Lot one -hundred thirty-three (133) in said subdivision; thence north one (11) degree, fourteen (14') minutes and fifty-five (55") seconds east, along the east line of said lot one -hundred thirty- three (133); fifty-eight and ten hundredths (58.10') feet to an iron rod set at the northeast corner of said Lot one -hundred thirty-three (133); thence north eighty-eight (881) degrees, forty four (44)' minutes and fifty-five (55") seconds west along the north line of said Lot one -hundred thirty-three (133), three -hundred four and twenty-nine hundredths (304.29') feet to an Iron rod set at the northwest corner of said lot one -hundred thirty-three (133) and being in the east line of a Park and Recreation Area in said Subdivision; thence north eight (81) degrees, one (V) minute, and fifty-five (55") seconds east, along the east line of said Park and Recreation Area ninty- five and zero hundredths (95.00') feet to an iron rod set; thence north twenty- eight (281) degrees, sixteen (16') minutes, and forty-five (45") seconds east, along the eastward line of said Park and Recreation Area, two -hundred thirty-four and eighteen hundredths (234.18') feet to an iron rod set; thence north eighty-nine (891) degrees, eigbteen (18) minutes and twenty (20") seconds east, along south line of said Park and Recreation Area and along the south line of an zero and one -hundred fifty-eight thousandths (0.158) area tract in the name of Gary Ray and Carolyn Charlotte Hubbell as recorded in Deed Record Book four -hundred twenty-nine (429) Page five -hundred one (501) in the Wayne County Recorder's Office, two -hundred twenty-one and forty-six hundreds (221.46') feet to an iron rod set at the northwest corner of Lot nineteen (19) in Hidden Valley East, Section Three (3) as recorded in Plat Book fourteen (14), Page three -hundred seventeen (317) in the Wayne County Recorders' Office; thence south twenty -tour (24°) degreees, fifty-four (54') minutes, and twenty (20") seconds east, along the westward line of Lot nineteen (19) in said Subdivision, eighty-five and seventy-four (85.74') feet to an iron pipe found at the southwest corner of said Lot nineteen (19); thence south eighty-seven (87°) degrees, sixteen (16') minutes and fifteen (15") seconds east, along the south line of said Lot nineteen (19), ninty and zero hundreds (90.00') feet to an iron pipe found at the southeast corner of said Lot nineteen (19) and being in the west line of Southwest Fifteen (151h) Street; thence south two (2) degrees, forty-three (43') minutes, and forty-five (45") seconds west, along the west fine of said Street, fifty-seven and thirty-seven hundredths (57.37) feet to a point in line with the extension of the south line of Lot eighteen (18) in said subdivision; thence south eighty-seven (87°) degrees, sixteen (16') minutes and fifteen (15') seconds east, along the extension of the south line of said Lot eighteen (18) and along the south line of said Lot eighteen (18), one -hundred eighty-four and sixty-eight hundredths (184.68') feet to an iron rod set at the southeast corner of said Lot eighteen (18); thence south one (i°) degree, fourteen (14') minutes, and fifty (50") seconds west, two -hundred thirty-six and eight hundredths (236.08') feet to the place of beginning, containing an area of three and nine -hundred eighty -eight thousandths (3.988) acres (one -hundred seventy-three thousand seven -hundred six 173,706 square feet). 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 residential 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 Special Use site plan and petition shall be marked Exhibit A and made a part of this Ordinance. B. Modifications of the develpment Unit Project requirements and standards setforth in Article 45 of the Zoning Ordinance shall be allowed only in conformance with the approval Special Use site plan. 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 16, 1990 To: Common Council FROM: Dan Dooley SUBJECT: Ordinance No. 17-1990 COPY TO: Petitioner: Ed Nicholson 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 residential development unit project consisting of 11, 2-family dwellings. Location: 700 and 800 blocks of Southwest 15th Street. 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 700 AND 800 BLOCKS OF SOUTHWEST 15TH STREET, FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT TO R-2 SU SINGLE FAMILY RESIDENCE SPECIAL USE DISTRICT; AND ALSO AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A RESIDENTIAL 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 in the 700 and 800 blocks of Southwest 15th Street; and, WHEREAS, it is the intent and purpose hereof to change the zoning classification of said property from R-2 Single Family Family Residence District to R-2 SU Single Family Residence Special Use District and to authorize the special use of said property as a residential development unit project; 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. 17-1990. 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-2 SU 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. Being a part of the Southwest Quarter of Section 6, Township 13 North, Range 1 West in the City of Richmond, Wayne County, Indiana, and being more particularly described as follows: Beginning at an iron rod set at the northeast corner of Lot one -hundred thirty- nine (139) in Hidden Valley Subdivision, Section Eleven (11) as recorded in Plat Book sixteen (16), page five (5) in the Wayne County Recorder's Office, and running thence, from said beginning point, north eighty-seven (870) degrees, sixteen (16') minutes, and fifteen (15") seconds west, along the north lines of Lots one -hundred thirty-nine (139) and one -hundred thirty-four (134) in said Hidden Valley Subdivision, Section eleven (11), three -hundred forty-five and seventy-one hundredths (345.71) feet to an iron rod set at the northwest corner of said lot one -hundred thirty-four (134) in said Subdivision and being in the east line of Lot one -hundred thirty-three (133) in said subdivision; thence north one (10) degree, fourteen (14') minutes and fifty-five (55") seconds east, along the east line of said lot one -hundred thirty- three (133); fifty-eight and ten hundredths (58.10) feet to an iron rod set at the northeast corner of said Lot one -hundred thirty-three (133); thence north eighty-eight (881) degrees, forty four (44)' minutes and fifty-five (55") seconds west along the north line of said Lot one -hundred thirty-three (133), three -hundred four and twenty-nine hundredths (304.29') feet to an iron rod set at the northwest corner of said lot one -hundred thirty-three (133) and being in the east line of a Park and Recreation Area in said Subdivision; thence north eight (81) degrees, one (1') minute, and fifty-five (55") seconds east, along the east line of said Park and Recreation Area ninty- five and zero hundredths (95.00') feet to an iron rod set; thence north twenty- eight (280) degrees, sixteen (16') minutes, and forty-five (45") seconds east, along the eastward line of said Park and Recreation Area, two -hundred thirty-four and eighteen hundredths (234.18') feet to an iron rod set; thence north eighty-nine (891) degrees, eighteen (18') minutes and twenty (20") seconds east, along south line of said Park and Recreation Area and along the south line of an zero and one -hundred fifty-eight thousandths (0.158) area tract in the name of Gary Ray and Carolyn Charlotte Hubbell as recorded in Deed Record Book four -hundred twenty-nine (429) Page five -hundred one (501) in the Wayne County Recorder's Office, two -hundred twenty-one and forty-six hundreds (221.46') feet to an iron rod set at the northwest corner of Lot nineteen (19) in Hidden Valley East, Section Three (3) as recorded in Plat Book fourteen (14), Page three -hundred seventeen (317) in the Wayne County Recorders' Office; thence south twenty-four (241) degreees, fifty-four (54') minutes, and -twenty (20") seconds east, along the westward line of Lot nineteen (19) in said Subdivision, eighty-five and seventy-four (85.74') feet to an iron pipe found at the southwest corner of said Lot nineteen (19); thence south eighty-seven (870) degrees, sixteen (16') minutes and fifteen (15") seconds east, along the south line of said Lot nineteen (19), ninty and zero hundreds (90.00') feet to an iron pipe found at the southeast corner of said Lot nineteen (19) and being in the west line of Southwest Fifteen (15th) Street; thence south two (2) degrees, forty-three (43') minutes, and forty-five (45") seconds west, along the west line of said Street, fifty-seven and thirty-seven hundredths (57.37) feet to a point in line with the extension of the south line of Lot eighteen (18) in said subdivision; thence south eighty-seven (871) degrees, sixteen (16') minutes and fifteen (15') seconds east, along the extension of the south line of said Lot eighteen (18) and along the south line of said Lot eighteen (18), one -hundred eighty-four and sixty-eight hundredths (184.68') feet to an iron rod set at the southeast corner of said Lot eighteen (18); thence south one (10) degree, fourteen (14') minutes, and fifty (50") seconds west, two -hundred thirty-six and eight hundredths (236.08') feet to the place of beginning, containing an area of three and nine -hundred eighty -eight thousandths (3.988) acres (one -hundred seventy-three thousand seven -hundred six 173,706 square feet). 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 residential 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 Special Use site plan and petition shall be marked Exhibit A and made a part of this Ordinance. B. Modifications of the develpment Unit Project requirements and standards setforth in Article 45 of the Zoning Ordinance shall be allowed only in conformance with the approval Special Use site plan. 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. ATTEST: City Clerk President of Common Council PRESENTED by me to the Mayor of the City of Richmond, Indiana this day of _11990. City Clerk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana this day of , 1990. Mayor ATTEST: _ City Clerk