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HomeMy Public PortalAbout052-2022 - Revised Staff ReportCity of Richmond Department of Infrastruct►rre & Development Advisory Plan Commission Staff Report APPLICATION INFORMATION Ordinance 52-2022 February 1, 2023 Petitioner: Peterson Land Holding LLC, owners; Gordon Moore, Agent. Location: South of 901 North G Street (Parcel ID: 891632240403000030), north of 0 North 9' Street (Parcel ID: 891632240406000030), west of US Highway 27, and east of North 9s' Street. Request: Vacation of Fight -of -Way of an unnamed and unpaved public alleyway. Use: Vacant Zoning: NA Tract Size: 3,571 sf j .082 ADJACENT ZONING AND LAND USE DESCRIPTION The proposed vacation of right-of-way (ROW) would result in the entire vacated alleyway being placed in a sanitary easement. INDOT is the adjacent property owner to the south of the alleyway (0 North 9 h Street) and has agreed to acquire the southern half of the alleyway if the ordinance is approved. PROPERTY BACKGROUND The subject ROW is an east -west unpaved alleyway Iocated in the City of Richmond's Elizabeth Starr 6 h Addition, directly west of US Highway 27. The ROW was included in the 1864 platting of the Elizabeth Starr 6' Addition subdivision to connect a separate alley to Ft. Wayne Avenue, however it has not served this purpose since the construction of US Highway IIOrd inance 5 2 -2 02 2 27, and historical aerial imagery of the ROW indicates that it has been unpaved for several decades. The ROW currently serves no functional or aesthetic purpose, and the vacation under consideration is part of Porter Advertising's new commercial construction project to relocate their local office. PUBLIC COMMENTS On January 18, 2023, two adjacent property owners were notified about the petition by mail. On January 22, 2023, the Public hearing was advertised in the Palladium -Item. On January 23, 2023, a sign was placed next to the ROW notifying passersby of the February 1, 2023 public hearing. DEPARTMENTAL REVIEW The planning staff consulted with all city departments and utilities to determine any objections based on public health and safety: No safety objections were raised. STAFF RECOMMENDATION Staff recommends approving the vacation of right-of-way of the unnamed public alleyway between 901 North G Street, (north), 0 North 9h Street (south), North 9L` Street (west), and US Highway 27 (east) of the Elizabeth Starr 6* Addition. In accordance with Indiana Code 36-7-3-12 & 13, and the Richmond Advisory Plan COmMission's -Rules of Procedures Article 4, Section 9, the Commission shall consider the following factors hefore providing a recommendation to Common Council: 1) The extent to which the vacation would hinder the growth and orderly development of the community in which it is located in or contiguous to: The orderly growth of adjacent properties and the surrounding community will not be hindered or negatively impacted by the vacation of this ROW. The ROW currently serves na functional or aesthetic purpose. If vacated, the ROW will be placed in a 20' sanitary easement. 2) The vacation WOULD NOT make access to lands owned by others by means of a public way difficult or inconvenient, because: The ROW under consideration is currently unpaved and leads directly to an embankment on the west side of US Highway 27. 3) The vacation WOULD NOT hinder the public's access to a church, school or other public building or place, because: As stated in criterion #2, the ROW under consideration is an unnamed and unmarked alleyway and is not a primary thoroughfare for the surrounding area. The vacation of the ROW will not reduce access to public amenities for nearby residents. 21Ordinance 52-2022 4) The vacation WOULD NOT hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous, because: As stated in prior criteria, the ROW under consideration is not currently a primary thoroughfare for residents of contiguous neighborhoods because it is an unpaved alley that Ieads directly to an embankment on the west side of US Highway 27. If vacated, the ROW will be placed in a 20' sanitary easement. WRITTEN COMMITMENTS Submitted by: Dustin Purvis City Planner Date: ranuary 18, 2023 310rdinance 5 2 - 2 0 2 2 oLn a4-1 _ m D Q� [ •— i—rG — L n v cn TJ 0) p j ��v� � — •'� � ©d vo 'D 7 70 ra ,+.� Q U V) 0- © © 1S H16 N a M�oLLJ LuoQ C3! 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