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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 /vl