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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 yy� cn �I n 'n rr, .31n @ n G I . u r+ r+ H 17.0 c ria•r� o 111 01 .OU rr -21 fi r r V I ' i