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Home My Public Portal About053-1996 - Rezoning - 2 South 34th StreetORDINANCE 53-1996 A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 2 South 34th Street WHEREAS the zoning map designates real estate located at 2 South 34th Street as R-3 Special Use for Chiropractic Office, and WHEREAS it is desirable to change the zoning designation to R-3 Special Use for the addition of professional, administrative and business offices, NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the zoning designation of the real estate located at 2 South 34th Street, which is more particularly described in Exhibit A attached hereto, is hereby changed to R-3 Special Use for the addition�f profeZ'al, administrative and business offices. Passed and adopted this � ` day 1996, by the Common Council of the City of Richmond, Indiana. �i l Vxesident (Geneva Allen) City Clerk (Norma8chroeder) %�te Mayor of the City of Richmond, Indiana, this 4 ` day of 1996, at 9:00 a.m. d�� City Clerk (Norma Schroeder) AJ >WOVED e, enni Andrews, Mayor of the City of R)dimor diana, this k day o 1996, at 9:05 a.m. Mayor ATTE ' y Clerk (Norma chroeder) RICHMOND ADVISORY PLAN COMMISSION RICHMOND, INDIANA August 28, 1996 Mrs. Geneva Allen, President Richmond Common Council Richmond, IN 47374 RE: Ordinance No. 53-1996 Dear Mrs. Allen: Please advise the members of Common Council that the Richmond Advisory Plan Commission conducted a public hearing, Tuesday, August 27, 1996, on the petition of Gerald L. Whalen, owner; George M. Sowers, agent; requesting a Special Use District Classification in the R-3 One -to -Eight Family Residence District for professional, administrative and business offices at 2 South 34th Street, Richmond, Indiana. Notices were delivered to seven surrounding property owners, with no comments in favor and one comment opposed returned to this office. The Plan Commission voted 10 in favor, with 1 absent, to recommend the passage of Ordinance No. 53-1996. 7011-e ully submitted t Robert Goodwin Executive Secretary OF RICE + �'o DENNIS ANDREWS Mayor /'VD I ANP ROBERT B. GOODWIN CITY OF RICHMOND Director DEPARTMENT OF PLANNING & REDEVELOPMENT LARRY H. CASH 50 NORTH FIFTH STREET•RICHMOND, INDIANA 47374 Assistant Director PHONE (317) 983-7342•FAX (317) 962-7024 August 5, 1996 Common Council Richmond, IN 47374 RE: Ordinance No. 53-1996 Dear Council Member: This ordinance relates to the rezoning request located at 2 South 34th Street from a R-3 Special Use for Chiropractic Office to a R-3 Special Use for the addition of professional, administrative and business offices. The Chiropractic office will continue and the basement will be leased as one of the other requested offices. To determine if the request meets the requirements you can review Richmond Code 154.22.01. The property is owned by Gerald L. Whalen. The ordinance should be referred to Plan Commision for public hearing at its meeting on August 27, 1996. The ordina ce should be ck to Council for second reading on September 3, 1996. Very trul y�o�urs, jyt- ob rt B. Goodwin Director City Planning Enclosure RGB/krs RICHMOND CITY PLAN COMMISSION PETITION FOR REZONING TO THE SPECIAL. USE DISTRICT NO. 5 -/`f`> LL DATE: June 28, 1996 The Common Council of the City of Richmond has established as a Zoning Classification the Special Use District. The Special Use District does not stand by itself but shall be combined with an existing zoning district. The Special Uses that may be allowed within the Special Use District are specifically enumerated in each zoning district classification. The Richmond City Plan Commission meets on the fourth Tuesday of each month at 7:30 P.M. in the City Council Chambers. The Petition for Rezoning to the Special Use District consists of the following items: A. General Information B. Special Use Standards C. Special Use Narrative D. Site Plan All Petitions must be filed complete, in duplicate, by the last Tuesday of each month in order to be placed on the next month's agenda. The presence of the Petitioner or the Petitioner's authorized agent is mandatory at the Public Hearing. A. GENERAL INFORMATION: ADDRESSOFPROPERTY: 2 South 34th Street, Richmond, IN 47374 LEGALDEMPTUN: Lot #64 in Ravinia Park First Addition GV%41�,IEl Gerald L. Whalen M _�� Boulevard ADDRESS: Richmond, IN 47374 TELEPHONE.- 317-935-6495 George M. Sowers,F.sq. AGB�11•; KNOLL, KOLGER, SOWERS & METZGER III South 7th Street AWZSADDRESS: Richmond, IN 47374_ TELE HCNE: 317-966-2683 R-3/SU for DATEACQUIRED: 5/19/86 ZONE CLASSIFICATION: Chiropractic Office E>Z-fiUSE Chiropractic office R-3/SU for professional, administrative and business REQUESTING SPECIAL USE o f f i c e s B. SPECIAL USE STANDARDS: Article 48 of the Zoning Ordinance sets forth certain standards to be used as guidelines by the Plan Commission in considering Special Use District rezoning Petitions. The following is the Petitioner's response demonstrating the manner in which the requested Special Use rezoning complies with said standards: The establishment, maintenance, or operation of the Special Use will not be detrimental to or endanger the public health, safety, morals, convenience, or general welfare for the following reasons: Chiropractic office will continue. Petitioner desires to lease basement area. No significant changes to the structure or its exterior will occur. PP7AGR 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: Use of the property as a chiropractic office predates the 1968 zoning ordinance and this use will continue. Existing structure and parking are adequate for the requested special use. The changes in use should not be outwardly visible to the surrounding neighborhood. 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 district for the following reasons: Requested special use zoning for this property will allow the owner to effectively use the property in its present state. This in turn, will allow the property to serve as a buffer property between the commercial district and the surrounding residential neighborhood. 4. Adequate utilities, access roads, drainage, buffering and other necessary facilities will be provided for the following reasons: Utilities, access roads, drainage, buffering and other necessary facilities (including parking) are already in place and are adequate for the requested zoning. 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 measures have already been taken to provide ingress and egress in order to minimize traffic congestion when the prior special use was granted in 1990. No change will be required to accomodate the requested zoning. 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 property at 2 South 34th Street was used as a residence and chiropractic office since before 1968, and continued as a nonconforming use until 1990. Up until that time, the first floor had been used as a residence and a chiropractic office was located in the basement level. In 1990, Gerald L. Whalen filed a petition for R-3/SU for chiropractic office when he moved his residence and desired to establish his practice on the first floor of the building. Dr. Whalen now desires to lease the basement area of the building and requests rezoning to R-3/SU for professional, administrative and business offices not dependent upon over-the-counter sales. The total square footage of both floors of the structure is 2,577 square feet, without deduction for areas not accessible by the public. Even without deduction of the non-public area, existing parking of 13 spaces fulfills the zoning requirement of one space for each 200 square feet. The approval of R-3/SU for professional, administrative and business _offices not dependent upon over-the-counter sales will cause no observable difference in the activity upon the property except for a minimal increase in traffic. The approval of this special use will encourage stability of ownership, which will maintain the character and integrity of the existing neighborhood. D. SITE PLAN: The Site Plan submitted is to be drawn on unlined paper at an engineering scale, with a north arrow and shall show the following: 1. All property lines 2. Location of existing building(s) 3. Location of proposed building(s) and/or additions 4. Location of off street parking and loading spaces 5. Existing and proposed dimensions shall be given for the following: a. Property lines b. Existing building(s) C. Proposed building(s) and/or additions d. Building setbacks from all property lines 6. Location of existing and proposed utilities lines and sewers 7. Location of existing and proposed curb cuts 8_ Arrows indicating the direction of flow of surface storm water and location of existing and proposed storm water drainage facilities 9. Location and type of existing and proposed fencing, screening, and landscaping 10. Any other information required by the Plan Commission Staff I HEREBY DEPOSE AND SAY THA1 STATEMENTS CONTAINED IN ALL TRUE: PETITIONER Gerald L. Whalen ALL THE ABOVE STATEMENTS AND THE THE EXHIBITS TRANSMITTED HEREWITH ARE 2 South 34th Street Richmond, 1N 47374 ADDRESS SUBSCRIBED AND S ORN BEFORE ME THIS 28th DAY OF June .19 96 NOTARY PUBLIC, RES1DENT OF WAYNE COUNTY Linda D. Hopkins MY COMMISSION EXPIRES: July 26, 1997. �'- — — 11.6416' 7.062 I I I I � I caEf.ic_t I I 111,sr I TAIL I �-1367 SIA-M 10 1S1' llum - — — — 20.1012' - — — — — .w,. PI.Lmm E? M & X-RAY I ICI i I 13.0.187' I MK I ittm I 11.2536' — ► f nlI & SiG;va" I I 9.00 2' iL- - 5.510A I I FFCW 9.002 MIX Xr m ----- i CURRENT OFFICE FLOOR PLAN LOWER LEVEL OF BUILDING — 1,61'.6427'- — �-► I I 12.7282' I I 30' ............................... 11'-4" 6 ASPHAL PAVED PC 1 STORY/FULL FINISHED OFFICE/APT IN BASEMENT PARKING SPACES • PATIO 6'-9 " WOOD •• DECK • •14' 31'-4" •••••• .N . .0 . 13' 13' •E 5' 'A, RAMP • •L .K . .+,..0.... .... ... ...t.... too. off •.0..toted ..••... .•••••• ........... • 7 A5PH LT PAIIJ PARKING SPACES g • 37'off • 71' -- BUILDING SKETCH