HomeMy Public PortalAbout043-1979 - REZONING - 1390 NATIONAL ROAD WESTAMEKDED
SPECIAL ORDINANCE NO. 43-1979
AN ORDINANCE AUTHORIZING A SPECIAL USE IN A C-1 NEIGHBORHOOD BUSINESS DIS-
TRICT FOR A RESTAURANT ON PROPERTY LOCATED AT 1399 NATIONAL ROAD WEST,
PURSUANT TO ARTICLE 48 OF CHAPTER 30 OY THE MUNICIPAL CODE COMMONLY KNOWN
AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA.
WHEREAS, Article 30 of Chapter 30 of the Municipal Code allows restaurants
by Special Use authorization as provided in Article 48 of said
Chapter; and,
WHEREAS, a notice was given and a public hearing on this Ordinance was
conducted by he Richmond City Planning Commission the
day of , 1979, at which time remonstrances
were heard from all parties interested in or affected by this
Ordinance; and,
WHEREAS, the vote of the Richmond Planning Commission was to
U in favor of/i recommending the passage
of Ordinance No. 43-1979; therefore,
BE IT ORDAINED by the Common Council of the City of Richmond, Indiana,
as follows:
SECTION 1. As provided in Article 30 of Chapter 30 of the Municipal Code,
the following described use of the following described real estate
is allowed as a Special Use for a Restaurant at 1390 National Road
Test in the City of Richmond, Indiana; more particularly described;
to wit:
Lots numbered 15, 16, 17, 1B and 19, all in Earlham Heights, as
laid out by Charles B. Moling and William E. Moling in the North-
west Quarter of Section b, Township 13, Range 1 West, in Wayne
County, Indiana, as shown by Plat Book 3, page 87 in the Re-
corder's Office of Wayne County, Indiana,
SECTION 2. As a condition of the aforesaid Special Use and as an additional
restriction on said use, the following requirements shall hereafter
and at all times be net by the owner, leasee or any person, firm
or corporation using said real estate.
a. The site plan accompanying the petition be identified as
Exhibit "A" and made a part of Ordinance No. 43-1979.
b. The Special Use authorization shall be considered null
and void should the Special Use cease fora period of
one (1) year or more..
c, A solid fence at least four (4) feet in height shall be erected on the
north property line to shield the use from adjoining property.
d. Trash containers and dumpsters shall be provided with lids or covers
and located so as to allow them to be effectively screened from public
view with a solid fence at least six (6) feet in height.
e. Light of vehicles in the parking lot shall be prevented from shining
directly on to adjoining properties.
SECTION 3. The Zoning Administrator of the City of Richmond, Indiana, is
hereby authorized and directed, upon enactment and publication
of this Ordinance, to record and approve the issuance of a per-
mit for the establishment of the use herein allowed.
SECTION 4. This Ordinance shall be in full force and effect from and
after its passage and approval by the Mayor, and publication as
by law required.
SPECIAL ORDINANCE NO. 43-1979
Page Two
PASSED AND ADOPTED by the Common oincii of the City of Richmond, Indiana,
this day of 1979.
}
Pr dent of Comm n Counci
ATTEST:?�
C' y e k
PRESENTED by me to t e ayar of the City of Richmond, Indiana, this
day of 1979.
Ci 1'erk
APPROVED by me, Clifford J. Dickman, layor of the City of Richmond, Indiana,
this day of ,- 1979.
r�
Maya
ATTEST: '
C terk_
50 North Fifth Street
RICHMOND, INDIANA 47374
May 31, 1979
Mr. Kenneth Paust, President
Members of Ccumn Council and
Mrs. JoEllen Trimble, City Clerk
Nk icipal Building
Riclmand, Indiana 47374
Re: Ordinance No. 43-1979
Plan Camnission Case PC-79-13
Dear Mr. Paust, Members of Common Council and Mfrs. Trimble:
The Riclmmd City Plan Conatission,held a public hearing on Tuesday,
May 22, 1979, on the petition of Louis It. Jaffe, Kent Klinge, Agent,
requesting authorization for a Special Use on property zoned C-1
Neighborhood Business District, located at 1390 National Road West.
The proposed use is a Cassano Pizza and Sea Food Restaurant serving
beer and wine in conjunction with a sit-down meal.
One -hundred thirty (130) Notices of Public Hearing were sent to adjoin-
ing property owners with eleven. (11) returned in favor of the request
and thirteen (13) returned in opposition to the request. No one spoke
In opposition to the request at the public hearing.
the Plan Catmnission voted eight (S) to one (1) to recntmiend the Ordi-
nance be approved with the following five (5) conditions:
1. The site plan accompanying the petition be identified
as kkbibit "A" and made a part of Ordinance No. 43-
1979.
2. The Special Use authorization shall be considered null
and void should the Special Use cease for a period of
one (1) year or more.
3. A solid fence at least four (4) feet in height shall
be erected on the north property line to shield the
use fray adjoining property.
4. Trash containers and dampsters shall be provided with
lids or covers and located so as to allow them to be
effectively screened from public view with a solid
fence at least six (6) feet in height.
Respectfully submitted,
DEPARTFM CITY PIANNING
Robert B. Goodwin
Director
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