HomeMy Public PortalAbout028-1985- STRICKEN- ZONING - 2906 EAST MAIN STGENERAL ORDINANCE NO. 28-1985
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 2906 EAST MAIN STREET FROM R-3 ONE -TO -EIGHT
FAMILY RESIDENCE DISTRICT AND R-2 SINGLE FAMILY RESIDENCE DIS-
TRICT TO R-3 SU AND R-2 SU AND PROVIDING FOR THE SPECIAL USE OF
SAID PROPERTY AS AN ACCESSORY OFF-STREET PARKING FACILITY.
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 and R-2 Single Family Resi-
dence District, the property located at 2906 East Main
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 and R-2 Single Family Resi-
dence to R-3 SU One -to -;-Eight Family Residence Special
Use District and R-2 SU Single -Family Residence Special
Use District and to authorise the Special Use of said
property as an accessory off-street parking facility;
and,
WHEREAS, a study of this Ordinance was conducted by the Richmond
City Plan Commission the day of ,
1985, 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. 28-1985.
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 de-
scribed below be, and the same is hereby changed to R-3
SU One -to -Eight Family Residence District and R-2 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 28, 39, 40 and 41 in the Marcharton
Addition to the City of Richmond, Indiana
SECTION 2. That as provided in Articles 41.012 and 48 of Chapter
154 of the Municipal Code, the following described use
of the above described real estate is allowed as a
Special Use as an accessory off-street parking facility.
SECTION 3. 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 indicating the
design of the off-street parking facility
landscaping, screening and site drainage
shall be marked Exhibit "A" and made a
part cf this Ordinance.
b. Approval shall be obtained from the appro-
priate jurisdiction for all curb cuts.
GENERAL ORDINANCE NO. 28-1985
Page 2
C. The parking lot storm water drainage plan
shall be approved by the City Engineer.
d. Lots 28 and 41 in the Marcharton Addition
shall remain undeveloped to serve as a
buffer and to provide screening to adjoin-
ing properties.
SECTION 4. This Ordinance shall be in full force and effect
from and after the passage and approval as by law
required.
PASSED AND ADOPTED by the Common Council of the City of Rich-
mond, Indiana, this day of ,
1985.
President of Common Council
ATTEST•
City Clerk
PRESENTED by me to the Mayor of the City of Richmond, Indiana,
this day of , 1985.
City Cle
APPROVED by me, Frank H. Waltrmann, Mayor of the City of Richmond,
Indiana, this day of , 1985.
Mayor
ATTEST:
City Clerk
CITY PLAN COMMISSION
RICHMOND, INDIANA
May 3, 1985
Mr. Marion Williams, President
Members of Common Council and
Mrs. Mary Merchanthouse, City Clerk
Municipal Building
Richmond, Indiana 47374
Re: ordinance No. 28-1985
Plan Commission Case PC-85-4
Dear Mr. Williams, Members of Common Council and .
Mrs. Merchanthouse:
The Richmond City Plan Commission conducted a public hearing
on Tuesday, April 23, 1985, on the petition of Betsy J_
Jaffe, owner; Robert G. Burton, Agent, requesting to rezone
property located at 2946 East Main Street, from R-2 Single -
Family Residence District and R-3 One -to -Eight Family Resi-
dence District to R-2 SU Single -Family Residence Special Use
District`,.and R-3 One -to -Eight Family Residence Special Use
District;'%,.and also requesting Special Use Authorization for
an accessory off-street parking facility.
The property in question consists of four (4) lots. Three
(3) lots front on East Main Street and are zoned R-3. One
(1) lot, to the rear, fronts on Nortz 29th Street and is
zoned R-2. The property is being purchased on contract by
the owners of the Pizza King Restaurant located at 2916 East
Main Street. A single-family dwelling and detached garage
axe located on one (1) lot with the remaining three (3)
lots being vacant_ All four (4) lots directly adjoin C-2
Zoning on the east.
Article 41.012 of the Zoning Ordinacne provides that in the
general case accessory off-street parking facilities must be
located in the same or less restricted Zoning District in
which the principal use is permitted. However, in the situa-
tion where residentially zoned property abuts commercial
zoning, the Plan Commission and Common Council may grant
a Special Use rezoning and authorization for accessory
off-street parking facilities located on the residentially
zoned property.
Mr. Marion Williams, President
Members of Common Council
Ord. No. 28-1985
Page 2
The petition and Ordinance have been initiated pursuant to
.article 41.012 and requests the rezoning of the property
at 2906 East Main Street to R-2 SU and R-3 SU, and authoriza-
tion to use the property as an off-street parking facility
accessory to the restaurant at 2916 East Main Street.
Seventeen (17) notices of public hearing were sent to the
surrounding property owners, with twelve (12) returned in
opposition to the request. Duringthe public hearing, six
(6) persons, including Mr. Robert Maley, Attorney, spoke
in opposition to the request. Mr. Maley presented a peti-
tion containing approximately fifty 150) signatures of
surrounding residents opposed to the petition.
The Plan Commission considered the impact and encroachment
of the commercial parking lot upon the residential area
and voted six (6) to two (2) to recommend that ordinance
No. 28-1985 be denied.
Respectfully submitted,
CITY PLAN COMMISSION
Daniel S. Dooley
Executive Secretary
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