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Home My Public Portal About052-1990- ZONING - 2 SOUTH 34TH STREETORDINANCE NO. 52-1990 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 AT 2 SOUTH 34TH STREET FROM R-3 ONE TO EIGHT FAMILY RESIDENCE DISTRICT TO R-3SU ONE TO EIGHT FAMILY RESIDENCE SPECIAL USE DISTRICT AND AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A PROFESSIONAL OFFICE FOR CHIROPRACTIC PRATICE. WHEREAS, the Zoning Map which is a part of Ordinance No. 2325-1968 designates and describes as R-3 One to Eight Family Residence District the property located at 2 South 34th Street; and, WHEREAS, it is the intent and purpose hereof, to change the zoning classification of said property from R-3 One to Eight Family Residence District to R-3SU One to Eight Family Residence Special Use District and to authorize the specal use of said property as a professional office for chiropractic practice; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the day of Z • ,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 _o_ in favor of/i recommending the passage of Ordinance No. 52-1990. 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-3SU One to Eight 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. Lot 64 in Ravinia Park First Addition to the City of Richmond, Indiana. SECTION 2. That as provided in Articles 22 and 48 of Chapter 154 of the Code of Ordinances, the following described use of the above described property is allowed as as a professional office for chiropratic pratice. 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. 52-1990 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 required. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this,/ntday ofdcJ, 1990. Pre dent of Common douncil ATTEST: City Clerk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this-,LLday of ect' . ,1990. City derk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this ILp day of Mayor ATTEST: City CI rk CITY PLAN COMMISSION RICHMOND, INDIANA September 26, 1990 Mrs. Jane Brookbank, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 52-1990 Plan Commission Case PC-90-13 Dear Mrs. Brookbank, Members of Common Council and Mrs. Merchanthouse: The Richmond City Plan Commission conducted a public hearing on Tuesday, September 25, 1990, on the petition of Gerald L. and Doris A. Whalen, owners, George Sowers, agent requesting a rezoning from R-3 One to Eight Family Residence District to R-3SU One to Eight Family Residence Special Use District and also requesting special use authorization for a professional office for chiropractic pratice on property located at 2 South 34th Street. The property in question is located adjacent to East Main Street which is the City's principal east/west thoroughfare. Land use surrounding the site is a mix of single family and commercial land use. The property is presently being used as the Whalen residence and as an office for Dr. Whalen's chiropractic pratice. The office use of the property is allowed as a non -conforming use under the terms of the Zoning Ordinance. The Whalens desire to move their residence and relocate the chiropratic office from the basement of the dwelling to the upper floor. The Whalens have no plans for the immediate use of the basement area. The requested rezoning to the special use district would eliminate the non -conforming status of the chiropratic pratice and allow the pratice as a permitted use. The Traffic Division of the Police Department and the Fire Ordinance No. 52-1990 Page 2 Department have reviewed the petition. The Fire Department has not identified any concerns. The Traffic Division expressed a concern relating to traffic congestion if the special use rezoning resulted in an increase in the patient load of the pratice. Dr. Whalen has indicated that he has no plans to expand his pratice at this time, although a therapist may be added later. Presently located on the property are 9 off-street parking spaces used in the pratice. The Zoning Ordinance would require only 3 spaces based on the square footage of the office. Twenty-one (21) notices of public hearing were sent to the residents surrounding the site. One (1) notice was returned to the Plan Department not oppossed to the petition and three (3) notices were returned oppossed to the petition. During the public hearing no one spoke in opposition to the petition. The Plan Commission determined that the petition complies with the requirements of the Zoning Ordinance. Therefore, the Commission voted nine (9) to zero (0) to recommend to Council that Ordinance No. 52-1990 be adopted. Respectf II submitted, Daniel S. Dooley, Executive Secretary Richmond City Plan Commission Ordinance No. 52-1990 Page 2 Department have reviewed the petition. The Fire Department has not identified any concerns. The Traffic Division expressed a concern relating to traffic congestion if the special use rezoning resulted in an increase in the patient load of the pratice. Dr. Whalen has indicated that he has no plans to expand his pratice at this time, although a therapist may be added later. Presently located on the property are 9 off-street parking spaces used in the pratice. The Zoning Ordinance would require only 3 spaces based on the square footage of the office. Twenty-one (21) notices of public hearing were sent to the residents surrounding the site. One (1) notice was returned to the Plan Department not oppossed to the petition and three (3) notices were returned oppossed to the petition. During the public hearing no one spoke in opposition to the petition. The Plan Commission determined that the petition complies with the requirements of the Zoning Ordinance. Therefore, the Commission voted nine (9) to zero (0) to recommend to Council that Ordinance No. 52-1990 be adopted. Respectf II submitted, Daniel S. Dooley, Executive Secretary Richmond City Plan Commission DISPOSITION OF ORDINANCE NO. -1990 RESOLUTION NO. -199 by Common Council Drdinance No 5 2 Resolution No. _ Elstro Lundy Hankinson McBride Parker Hutton Morris Paust Brookbank Date Y-G-20 Susp, rules Ist read Title only ... - ------- - Seconded - ... v - Proof of Publicaton - ---------•-- Seconded -. ------ -•-- Move to 2nd read Seconded Engrossment --------------------------------------------- v Seconded Susp rules 3rd read v Seconded v Passage 9 !� c _ c__ e- -- OR ------- ---------- -- ------ ------- ------- ------ ------- Rejection Date Passed /O -/" 90 COMMITTEE ASSIGNMENTS: Committee a-,- Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: INTER -OFFICE MEMO DATE: August 2, 1990 To: Common Council FROM: Dan Dooley SUBJECT: Ordinance No. 52-1990 COPY TO: Petitioner: Gerald Whalen, owner; George Sowers, agent. Request: rezoning from R-3 to R-3SU and special use authorization for a chiropratic office. The property presently is being used as a residence and chiropratic office. The request seeks a special use rezoning to allow the chiropratic office to continue without the doctor residing in the dwelling. Location: 2 So. 34th Street