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HomeMy Public PortalAbout097-1990-DEFEATED- ZONING - 900BLK OF NORTH G STREET ON THE NORORDINANCE NO. 97-1990 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 900 BLOCK OF NORTH G STREET ON THE NORTH SIDE, FROM R-3 ONE TO EIGHT FAMILY RESIDENCE DISTRICT TO C-4 GENERAL BUSINESS 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 900 block of North G Street, on the north side, 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-4 General Business District; and, WHEREAS, a study of this Ordinance was conducted by the Richmond Advisory Plan Commission the day of ,1990, at which time remonstrances were heard from all parties interested in or affected by this Ordinance; and, WHEREAS, the vote of the Richmond Advisory Plan Commission was to in favor of/in opposition to recommending the passage of Ordinance No. 97-1990. 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-4 General Business District and that said property be regulated in accordance with the Zoning Ordinance of the City of Richmond, Indiana and all amendments thereto. Being a part of Lots 49 and 50 in Elizabeth Starr's Sixth Addition, being in a part of the Northeast Quarter of Section 32, Township 14 North, Range 1 West in the City of Richmond, Wayne County, Indiana, and being more particularly described as follows: Beginning at an iron rod set in the east line of a 14.50 foot wide north and south alley, said point being 10.00 feet north 0 degrees, 04 minutes and 30 seconds east and 14.50 feet north 89 degrees, 46 minutes and 20 seconds east of the southwest corner of said Lot 49, and running thence, from said beginning point, north 0 degrees, 04 minutes and 30 seconds east, along the east line of said alley, 125.00 feet to the south line of a 14.00 foot wide east and west alley; thence north 89 degrees, 46 minutes and 20 seconds east, along the south line of said alley, 68.00 feet to an iron rod set in the west right-of-way of United States Highway Ordinance 97-1990 Page 2 Number 27; thence south 12 degrees, 17 minutes and 18 seconds west, along said right-of-way, , 125.76 feet to an iron rod set; thence south 86 degrees, 41 minutes and 37 seconds west, along said right-of-way, 41.47 feet to the point of beginning. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and approval as by law aquired. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this day of_, 1990. ATTEST: City Clerk President of Common Council PRESENTED by me to the Mayor of the City of Richmond, Indiana, this day of 11990. City Clerk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this day of ,1990. Mayor ATTEST: City Clerk INTER -OFFICE MEMO DATE: November 30, 1990 To: Common Council FROM: Dan Dooley SUBJECT: Ordinance No. 97-1990 COPY TO: Petitioner: John W. Whalen, owner. Request: rezoning from R-3 to C-4 on the property located at the northwest corner of Chester Boulevard and North G Street. Location: the 900 block of North G Street, on the north side, being the northwest corner of Chester Boulevard and North G Street. RICHMOND ADVISORY PLAN COMMISSION RICHMOND, INDIANA January 31, 1991 Mrs. Sally Hutton, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 97-1990 Plan Commission Case PC-91-1 Dear Mrs. Hutton, Members of Common Council and Mrs. Merchanthouse: The Richmond Advisory Plan Commission conducted a public hearing on Tuesday, January 22, 1991, on the petition of John W. Whalen, Jr., the owner of 50% of the property to be rezoned, requesting a rezoning from R- 3 One to Eight Family Residence District to C-4 General Business District on property located in the 900 block of North G Street, on the north side. The property in question is presently vacant. The petition is seeking the rezoning of property owned by 2 persons, John Whalen and Jack Edleman. Mr. Edleman is not a party to the petition. Mr. Whalen has included the Edleman property under a provision in the law that allows the owner of 50% of the property to petition for rezoning. If the rezoning is approved, any use permitted in the C-4 District could be established on the property. Seventeen (17) notices of public hearing were sent to the residents surrounding the site. One (1) notice was returned to the Plan Department oppossed to the petition. During the public hearing, three (3) persons spoke in opposition to the petition citing concerns about the types of uses permitted in the C-4 Zoning District and the negative impact some C-4 uses would have on the surrounding residential neighborhood. The Plan Commission determined that there may be justification for a rezoning of the property in question to a commercial district based upon changes that have occured in the area. However, the Commission Ordinance No. 97-1990 Page 2 indicated that the C-4 District does have the potential to create problems for the remaining residential area surrounding the site. The Commission also determined that there is an error in the legal description found in Ordinance No. 97-1990 presently pending on Council's Agenda. The Plan Commission voted seven (7) to zero (0) to recommend to Council that Ordinance No. 97-1990 be amended to reflect the correct legal description, but upon amendment Ordinance No. 97-1990 be denied. (A copy of the proposed amended ordinance is attached.) Respectfully submitted, Daniel S. Dooley, Exutive Secretary Richmond Advisory Plan Commission AMENDED ORDINANCE NO.97-1990 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 900 BLOCK OF NORTH G STREET ON THE NORTH SIDE, FROM R-3 ONE TO EIGHT FAMILY RESIDENCE DISTRICT TO C-4 GENERAL BUSINESS 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 900 block of North G Street, on the north side, 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-4 General Business District; and, WHEREAS, a study of this Ordinance was conducted by the Richmond Advisory Plan Commission the day of ,1991, at which time remonstrances were heard from all parties interested in or affected by this Ordinance; and, WHEREAS, the vote of the Richmond Advisory Plan Commission was to in favor of/in opposition to recommending the passage of Amended Ordinance No. 97-1990. 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-4 General Business District and that said property be regulated in accordance with the Zoning Ordinance of the City of Richmond, Indiana and all amendments thereto. Lots 46, 47 and 48 in Elizabeth Starr's Sixth Addition. Also, the following part of Lots 49 and 50 in Elizabeth Starr's Sixth Addition, being more particularly described as follows: Beginning at an iron rod set in the east line of a 14.50 foot wide north and south alley, said point being 10.00 feet north 0 degrees, 04 minutes and 30 seconds east and 14.50 feet north 89 degrees, 46 minutes and 20 seconds east of the southwest corner of said Lot 49, and running thence, from said beginning point, north 0 degrees, 04 minutes and 30 seconds east, along the east line of said alley, 125.00 feet to the south line of a 14.00 foot wide east and west alley; thence north 89 degrees, 46 minutes and 20 seconds east, along the south line of said alley, 68.00 feet to an iron rod set in the west right-of-way of United States Highway Amended Ordinance 97-1990 Page 2 Number 27; thence south 12 degrees, 17 minutes and 18 seconds west, along said right-of-way, , 125.76 feet to an iron rod set; thence south 86 degrees, 41 minutes and 37 seconds west, along said right-of-way, 41.47 feet to the point of beginning. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and approval as by law aquired. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this day of , 1991. ATTEST: City Clerk President of Common Council PRESENTED by me to the Mayor of the City of Richmond, Indiana, this day of ,1991. City Clerk APPROVED by me, Frank N. Waltermann, Mayor of the City of Richmond, Indiana, this day of ,1991 . Mayor ATTEST: City Clerk