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Home My Public Portal About072-1990- DEFEATED- ZONING - 400BLK OF WEST MAIN ST ON THE NORTAMENDED ORDINANCE NO. 72-1990 AN ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO.2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE REZONING OF PROPERTY LOCATED IN THE 400 BLOCK OF WEST MAIN STREET, ON THE NORTH AND SOUTH SIDES OF THE STREET, FROM R-3 ONE TO EIGHT FAMILY RESIDENCE DISTRICT TO C-1 LIMITED COMMERCIAL DISTRICT. WHEREAS, the Zoning Map which is a part of Ordinance No. 2325-1968 designates and describes as R-3 One to Eight Family Residence District the property located in the 400 block of West Main Street, on the north and south sides of the street; and, WHEREAS, it is the intent and purpose hereof, to change the zoning classification of said property from R-3 One to Eight Family Residence District to C-1 Limited Commercial District; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the,Zjn�__day of Oc-� 1990, at which time remonstrances were heard from all parties interested in or affected by this Ordinance; and, WHEREAS, the vote of the Richmond City Plan Commission was1-,—tob ix:f/in opposition to recommending the passage of Amended Ordinance No. 72-1990. NOW THEREFORE BE IT ORDAINED BY the Common Council of the City of Richmond, Indiana as follows: SECTION 1. That the zoning classification of the property described below, and the same is hereby changed to C-1 Limited Commercial District and that said property be regulated in accordance with the Zoning Ordinance of the City of Richmond, Indiana and all amendments thereto. Lots 1, 15 and 16 in Shiveley, Howard and Sedgwick's Replat of Shiveley and Howard's Addition to the City of Richmond, Indiana. Also, Lots 15, 16, and five feet off of the west side of Lot 17 in R. Sedgwick's Addition to the City of Richmond, Indiana. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and approval as by law required. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this day of , 1990. President of Common Council ATTEST: City Clerk Amended Ordinance No. 72-1990 Page 2 PRESENTED by me to the Mayor of the City of Richmond, Indiana, this day of ,1990. City Clerk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this day of ,1990. Mayor ATTEST: City Clerk RICHMOND ADVISORY PLAN COMMISSION RICHMOND, INDIANA November 28, 1990 Mrs. Jane Brookbank, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 72-1990 Plan Commission Case PC-90-20 Dear Mrs, Brookbank, Members of Common Council and Mrs. Merchanthouse: The Richmond Advisory Plan Commission conducted public hearings on Tuesday, October 23, 1990 and on Tuesday, November 27, 1990 on the petition of Egas Realty Corporation, Earl and Kathryn Mayer and Jeffery and Pamela Kettler, owners; requesting a rezoning from R-3 One to Eight Family Residence District to C-1 Limited Commercial District, on property located in the 400 block of West Main Street, on both the north and south sides. Three property owners in the 400 block of West Main Street have co - petitioned to rezone their property. The petition as originally submitted included the property located at 444, 440, 438, 436, 430, 431, 427, 421 and 419 West Main Street. However, during the October Commission meeting, the petitioners requested that the petition be amended to reduce the area considered for rezoning. The Commission voted to accept the amended petition. The petition as amended requests a rezoning from R-3 One to Eight Family Residence District to C-1 Limited Commercial District on the property located at 444, 440, 438, 436, 431 and 427 West Main Street. Two of the petitioners, Egas Realty Corporation and Earl Mayer, own properties that have commercial nonconforming uses located on them, being the Richmond Aluminum Center and the Dave Geier Photography Studio. Their interest in the rezoning request is to place the properties Ordinance No. 72-1990 Page 2 with a history of commercial useage into the appropriate zoning district. Jeff Kettler, the third petitioner, plans to convert the dwelling located at the northeast corner of Northwest 5th Street and West Main Street to an office if the rezoning is approved. There are no immediate plans to convert the balance of the residential property included in the rezoning request to commercial use. Thirty-one (31) notices of public hearing were sent to the residents surrounding the site. Nine (9) notices were returned to the Plan Department oppossed to the petition. During the public hearings four (4) persons spoke in opposition to the petition. The Commission considered the following in making its recommendation to Common Council: (1) in general the existance of nonconforming uses in an area should not be used as a rational to support a change in zoning since it is the nonconforming uses that are out of place; (2) the zoning ordinance provides a procedure to protect the interests of owners of nonconforming uses so that there is a right for existing uses to continue regardless of the zoning classification; (3) the property in question is predominately residential and the area surrounding the property has remained relatively stable as a residential area. The rezoning petition submitted to the Commission was amended at the request of the property owners regarding the legal description of the property proposed to be rezoned. Ordinance 72-1990 pending before Council should be amended in Section 1. regarding the legal description to correspond with the amended petition. A copy of the amended ordinance is attached. The Plan Commission voted six (6) to zero (0) to recommend to Council that Amended Ordinance No. 72-1990 be denied. Respectfully submitted, 1'_� s-" Daniel S. Dooley, Executive Secretary Richmond Advisory Plan Commission DISPOSITION OF ORDINANCE NO. 7.R .199 p RESOLUTION NO. --199— by Common Council Ordinance No..7Z Resolution No. Elstro Lundy Hankinson McBride Parker Hutton Morris Paust Brookbank Date Susp. rules Ist read Title only ---- --------I ........... Seconded ...... ................................. ...... ... ------------ Proof of Publicaton Seconded Move to 2nd read ..... .......... --------------- Seconded ------------------ ------- -------- ----- --------------- - Engrossment ----- -------------------------- Seconded ------------------ ------- ------- -------- ------ ---------- Susp rules 3rd read ... ........................... Seconded ------------------ ----- ------- - Passage 0 Rejection 7 Date Passed COMMITTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda - PUBLICATION OA AMENDMENTS: COMMENTS: