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HomeMy Public PortalAbout006-2009 - Zoning - Special Use - 168 Ft. Wayne AveORDINANCE 6-2009 A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM M-1, TO M-1 SPECIAL USE Whereas, the Zoning Map designates certain property commonly known as 168 Ft. Wayne Avenue and legally described as follows, to wit: Lot 2 and Pt Lot 1 IBG Pt OM 125 "TIF" as an M-1 Light Industrial District as outlined on Exhibit A; Whereas, it is desirable to change the above described real estate's zoning designation to M-1, Special Use in order to allow the owner to use said real estate to establish a Restaurant; Whereas, a letter of commitment is maintained providing a minimum of three parking spaces within 300 feet of the building; Whereas, and any change of business plan that alters the nature of the business, particularly in regard to amount of public space used for the restaurant, would require an amendment to the rezoning ordinance; Whereas, per Section IC 36-7-4-921 a commitment is binding on: 1. The owner of the parcel; 2. A subsequent owner of the parcel; and 3. A person who acquires an interest in the parcel. Whereas, in the event that any of the aforementioned restrictions or requirements of the Richmond City Code are not met in full, the Special Use Rezoning is at that moment in violation of the Richmond City Code. NOW THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the zoning designation for the above described property is changed to an M-1, Special Use. Passed and Adopted this 16 day of March, 2009, by the Common Council of the City of Richmond, Indiana. S/S Bruce Wissel President (Bruce Wissel) Attest: S/S Karen Chasteen Karen Chasteen, IAMC, CMC City Clerk Presented to the Mayor of the City of Richmond, Indiana, this 17 day of March, 2009 at 9:00 A.M.. _S/S Karen Chasteen Karen Chasteen, IAMC, CMC City Clerk Approved by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this 17 day of March, 2009 at 9:05 A.M. _S/S Sarah L. Hutton Mayor (Sarah L. Hutton) Attest: S/S Karen Chasteen Karen Chasteen, IAMC, CMC City Clerk