Loading...
HomeMy Public PortalAbout049-2013 - Vacation - Dedicated Roadway - Rod Weiss2013009822 ORDINANCE $39.00 11/07/2013 02:33:05P 15 PGS Debra S Tiemann Layne County Recorder IN Recorded as Presented �lil If Illlllllllllllllllfllilllllll IIII Illlf illl II IIIII1111 AMENDED ORDINANCE NO.49-2013 A SPECIAL ORDINANCE VACATING A PUBLIC WAY (STREET) WHEREAS, Mint Management, LLC has petitioned the Common Council of Richmond, Indiana, requesting that a portion of a dedicated public way (street) be vacated, which public way has been identified by Petitioner in a legal description and map showing the portion of the parcel to be vacated, which Petition to Vacate is attached hereto as Exhibit A and is incorporated by reference and made a part of this Ordinance; and WHEREAS, The only abutting landowner is as follows: (a) Mint Management, LLC (property located at 1023 North 111h Street and 1020 North J Street) P.O. Box 236 Richmond, IN 47374 ; and WHEREAS, Common Council, pursuant to Indiana Code 36-7-3-12, conducted a public hearing on said petition on October 7, 2013, after publishing legal notice thereof at least 10 days in advance of said bearing as required by statute; and WHEREAS, The Richmond Advisory Plan Commission conducted a public hearing on said petition on September 26, 2013, after publishing legal notice thereof at least 10 days in advance of said hearings; and WHEREAS, It is desirable to vacate said public way; and WHEREAS, Utilities shall be removed from the vacated alley; and WHEREAS, The vacation would not hinder the growth and orderly development of the community in which it is located in or contiguous to; since the land being vacated will be part of a commercial development; and WHEREAS, The vacation would not make access to lands owned by others by means of a public way difficult or inconvenient; because adjoining properties will retain frontage on the existing portion of North 11"' Street; and yC-33- t td-zit.00a-25 DULY ENTERED F R TAXATION k Ll6 33 E tb• � I z. C�Oo Z Trits r day of , 20_J3 W z WHEREAS, The vacation would not hinder the public's access to a church, school or other public building or place; because those structures are not adjacent to this property; and. WHEREAS, 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 no changes are planned for the existing portion of North 11 `h Street. NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that subject to the preservation of casements for existing utilities, the portion of dedicated street described in attached Exhibit A is hereby vacated and that ownership of such land shall vest in the abutting property owner. Passed and adopted this 7th day of October, 2013, by the Common Council of the City of Richmond, Indiana. / 0 Chasteen, IAMC, MMC) President PRESENTED to the Mayor of the City of Richmond, Indiana, this 8th day of October, 2013, at 9:00 a.m. «1 (Karen Chasteen, IAMC, MMC) APP ED by e, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this - day of , 2013, at 9:05 a.m. Mayor (Sarah L. Hutton) A ( EST: aren Chasteen, 1AMC, MMC) I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law: Kimberly A. Vessels VACATION PETITION NO. A PETITION TO VACATE DEDICATED ROADWAY Situated in the Northeast Quarter, Section 33, Township 14 North, Range 1 West, City of Richmond. Wayne Township, Wayne County, Indiana, being a Vacation of part of North I l"' Street (formerly Mound Street), in Benjamin Fulghum's Addition, as recorded in Plat Book 1, Page 327, in the Wayne County Recorder's Office, being more particularly described as follows: Beginning at a point on the east right-of-way of North 1 I h Street, at the southwest corner of the Lot 22, in said Benjamin Fulghum's Addition; thence South 89'44' 57" West (bearings are based upon the west line of the Northwest Quarter of Section 33, TovAmship 14 North, Range I West as being North 00°03'00" West per Plat of Survey by John E. Beals, RLS 7955, dated April 8°h, 1991, WO 15122) 30.00 feet, to a point on the west right-of-way of said North I I'h Street; thence North 00°03'00" East 115.50 feet along said west right-of-way; thence North 55°03'00" East 78.38 feet along said west right-of-way line to the north line of said North I I,, Street; thence South 40° 13'03" East 30.72 feet along said north line, to the east right-of-way of said North 11 `h Street; thence South 55°03'00" West 66.00 feet along said east right-of-way line; thence South 00°03'00" West 99.00 feet along said east right-of-way, to the point of beginning, containing 0.125 acre, more or less, as shown on Drawing No. B-2820, dated 26 August 2013, being subject to the all legal easements of record. This is to certify that the above description and the attached plat were prepared this 26a' day of August 2013, from a recent survey, and are true and correct to the best of my knowledge and belief. The undersigned believes the above property should be vacated for the following reasons: (a) There has been no interest shown in making this roadway a public street for approximately the past 153 years. (b) There is no demonstrated current interest in making this roadway a public street. (e) The undersigned believes that vacation will not hinder the growth or orderly development of the City. (d) The undersigned believes that vacation will not hinder the public's access to any church or public place. (a) The undersigned believes that vacation will not hinder the use or future growth of developed public ways. Executed this 09� day of A%j3_Q S_ , 2013, By: 6MAN Printed: TDY'QDA �4 ✓ Capacity:✓�''� "Mrot1 _:J _T'A(it�,_UFf�' N.E. 1 4 33 14 !North 1 West Richmond Quarter Section Township Ronge City Wayne Wayne Indiana Civil Township County State of NOTES: IRON RODS SET ARE 5/8' RES AR WrM PLASTIC CAP STAMPED `0EALS-MOOR£ RLS 204000251. RECORD INFORMARON IS ENCLOSED BY PARENTHESES W.C.S.R. - WAYNE COUNTY SURVEYORS RECORDS BEARINGS ARE BASED UPON THE WEST UNE OF THE H.W. Yr OF SEC. JJ--14-1, AS BEINC NOO'OJ'00'W PER PLAT OF SURVEY BY JOHN E. BFALS RLS/ 7955, DATED. APRIL S. 1991, W.0-/ 15122. 0.125 ACRES SURVEY & DEED REFERENCES. I MINT AWWCEM&M UC INsMuMENT NO. 2004015777 (3.43 AC.) 2 AUNT MANAGEMENT LLC INSTRUMENT HO. 2008002373 (NO AREA) a 3 RM14 GREEN INSTAUMFM NO, 1994003906 MINT MANAGEMENT LLC (NO AREA) 7NSTRUMEyT NO. 2004015777 4 &V"WIN FULGHUMS ADDfn0N (3.43 AC.) PLAT BOOK I PG, 327 5 PLAT OF SURVEY BY JOHN E. BFALS Aa RCS 1 7955, DATED.- APRIL 8, 1991 g W.0.1 151.0 y 6 PLAT OF SURVEY BY JOHN E BEALS 0 RLS 1 7955, 0AT£D: DEC&IBER 5, f969 LEGEND • Iron Rod Set Iron Rod Found O Iron Pipe Found kon Spindle Set Imn .Spindle Found MAC Nail Set p AAAG No Found Pk Nail Found > Hatch Found Q Railroad S;wks Found 0 Wood Post C3 Cancrete Poet * Coppe weld Found Mw*od Stone Found Bross Plug Found # Iron Rod Set in Concrete ® GPS Monument ® Monument Box a Right -of -Way Monument Ar salt S.-m.yld & Prepared By Gordo E n Ls. 12 23 State of ltdibM P No. O LS204MO25 STA F OF '•.�,� SUR�', •� S4O' 10& O 2 8 LOT 22 LLja a MINT MANAGEMENT LLC ca ... INSTRUMENT NO. 2008002373 O (NO AREA) a§� SBSF� 4'5711' � 3'JD•DD BENJAMIN FULGHUMS f P.O.B. PW 00K I l PC 327 $ RE7HL4 GREEN INSTRUMENT NO. 19940OJ906 7 (NO AREA) P:.; I- LOT 21 O NORTH "J" STREET I affhm, under the Pena16u far —,e o redaclt ha> taken e Socm Security number in this documen4 unless requilld by law Gordon E Moore' Cfl20T3 8&A1S-uOaRE & ASSOCIATES INO ALL RIGA115 RESERVEa Plot of Vacation for Rod Weiss I II II I! ��a.�AAAAw��w�AAAAs SCALE f AN& A Ata 410TiT+ -o o-re & ANARDWAtlfi, =0- 122 South 8th sheet Richmond, Irsdiona 47374 Phone (765) 952-1023 Fax (765) 942-6274 f-.Va;f wn'4o✓�?�?/am4u'►.cwm -- PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, OCTOBER 7, 2013 The Common Council of the City of Richmond, Indiana met in regular session October 7, 2013 in the Council Chambers in said City. PLEDGE OF ALLEGIANCE PRAYER BY COUNCILOR PARKER President Parker called the meeting to order and the following business was conducted: ROLL CALL Present were: Howard "Jack" Elstro, Kelley Cruse -!Nicholson, Bruce Wissei, Clayton Miller, Don Winget, Larry Parker, Misty Hollis, Ron Oler and Phil Quinn. Also in attendance were Walt Chidester, City Attorney; Sally Hutton, Mayor; Karen Chasteen, City Clerk; Linda and Chief Kris Wolski; Jeff Norris, Director of Information and Technology; Terry Quinter, Manager of Roseview Transit; Bill Harris, Superintendent of the Sanitary District; Tony Foster, Director of Metropolitan Development; Rod Weiss and Gordon Moore representing Mint Properties; Bill Thistlethwaite, Superintendent of Parks and Recreation; Deanna Beaman; Sue Roberson, Director of Human Resources, Tammy Glenn, City Controller; several representatives of the Fire Department, Dave Burns; Sergeant -at -Arms and Media. APPROVAL OF MINUTES * moved to approve the minutes of the meeting held September 16, 2013, supported by *. Upon a vote viva vote, the motion passed. PRESENTATIONS, MEMORIALS OR REMONSTRANCES, PETITIONS AND INTRODUCTIONS, MOTIONS, RESOLUTIONS None COMMUNICATION FROM THE MAYOR Remembrance of former Councilor John Brown who passed away this week. Leaf pick-up begins October 21 through December 19 —LEAVES ONLY. REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY Minutes of the September 12, 2013 meeting was accepted as presented. REPORTS FROM DEPARTMENT HEADS, STANDING COMMITTEES, SPECIAL COMMITTEES and/or ORGANIZATIONS None Common Council Minutes October 7, 2013 Page 2 of 6 MISCELLANEOUS BUSINESS Re Amalgamated Transit Union, Local 1474 - Ms. Hollis asked for clarification of terms of the contract relative to dues, membership and employment. Mr. Chidester stated the following: Members are not required to have their dues withheld by City payroll. All employees, union and non -union, are represented by the bargaining unit, which is the Amalgamated Transit Union, Local 1474 As a condition of continued employment all employees are required to pay dues or their fair share. ORDINANCES ON FIRST READING Mr. Elstro moved to suspend the rules and read Ordinance Nos. 51, 52, 53, 54, 58, 59 & 61-2013 on first reading by title only, supported by Mr. Winget. Upon a vote viva vote, the motion passed. ORDINANCE NO. 51-2013 -- AN APPROPRIATION ORDINANCE TO BE KNOWN AS THE 2014 BUDGET The Clerk read Ordinance No. 51-2013 on first reading by title only. This Ordinance would establish the 2014 Annual Budget for the City of Richmond. The sums appropriated shall be held to include all expenditures authorized to be made during the year. Ms. Hollis moved to delete Eight Hundred Twenty Five Dollars and zero cents ($825.00) from Account No. 1350 - Ciothing Allowance in the Controller's Office budget, supported by Mr. Wissel. Upon a vote viva vote, the motion carried. Dissenting was Mr. Elstro. Mr. Wissel moved to delete Fifty Five Thousand Dollars and zero cents ($55,000.00) from Account No. 4490 — Other Equipment in the First Response budget, supported by Ms. Hollis. The motion failed with a 4-5 roll call vote. Dissenting were Councilors Elstro, Cruse -Nicholson, Winget, Oler and Quinn_ Mr. Quinn moved to delete Two Hundred Forty Three Thousand Two Hundred Seven Dollars from the Department of Engineering budget and move it to the Department of Metropolitan Development and add a position of Assistant Director of Metropolitan Development. Ms. Glenn pointed out Council can reduce the budget and does not have the authority to increase the budget. This matter was taken under advisement. Mr. Wissel moved to advance Ordinance No. 51-2013 to second reading, suspend the rules and read by title only, supported by Mr. Winget. Upon a vote viva vote, the motion passed. Ordinance No. 51-2013 was held on second reading. ORDINANCE NO. 52-2013 - AN APPROPRIATION ORDINANCE FIXING THE ANNUAL COMPENSATION OF ALL ELECTED CITY OFFICERS FOR 2014 The Clerk read Ordinance No. 52-2013 on first reading by title only_ This Ordinance would establish the compensation of the elected officials for the calendar year 2014_ Due to the fact the salary of the Mayor is the lowest of all second class cities in the State, Mr. Oler moved to increase the salary of the Mayor by One Hundred Eighty One Dollars and sixty five cents ($181.65) bi- weekly which equates to Seventy Two Thousand Eight Hundred Dollars and zero cents ($72,800.00) Common Council Minutes October 7, 2013 Page 3 of 6 annually. This motion was supported by Ms_ Cruse -Nicholson. Upon a vote viva voce, the motion carried. Dissenting was Mr. Miller. Mr. Wissel moved to advance Ordinance No. 52-2013 as amended to second reading, suspend the rules and read by title only, supported by Mr. Winget. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 52-2013 as amended on second reading by title only. Council President Parker declared Ordinance No. 52-2013 as amended on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Wissel moved for engrossment of Ordinance No. 52-2013 as amended, supported by Mr. Winget. Upon a vote viva voce, the motion failed with a dissenting vote of Ms. Hollis. Ordinance No. 52-2013 as amended will be heard on third reading October 21, 2011 ORDINANCE NO. 53-2013 - AN APPROPRIATION ORDINANCE TO BE KNOWN AS THE 2014 SALARY ORDINANCE The Clerk read Ordinance No. 53-2013 on first reading by title only. This Ordinance would establish the salaries for all City employees except Police Officers and Firefighters; and, fixes the compensation of the deputies and employees of the Clerk's Office for the calendar year 2014. Mr. Miller moved to advance Ordinance No. 53-2013 to second reading, suspend the rules and read by title only, supported by Mr. Winget. Upon a vote viva voce, the motion carried. Ms. Hollis requested a revised Ordinance to reflect annual salaries as well as the bi-weekly. Ordinance No. 53-2013 will be held on second reading until October 21, 2013. ORDINANCE NO. 54-2013 - AN APPROPRIATION ORDINANCE AUTHORIZING PAYMENT FOR SERVICES FROM THE RICHMOND SANITARY DISTRICT, ROSEVIEW TRANSIT, RICHMOND POWER & LIGHT, MOTOR VEHICLE HIGHWAY AND PARK AND RECREATION DEPARTMENT FUNDS TO THE GENERAL FUND IN 2014 The Clerk read Ordinance No. 54-2013 on first reading by title only. This Ordinance would authorize receipt of funds from the Richmond Sanitary District, Roseview Transit, Richmond Power and Light, Motor Vehicle Highway and Park and Recreation Department to the General Fund in 2014 as payment for services rendered. Mr. Wissel moved to advance Ordinance No. 54-2013 to second reading, suspend the rules and read by title only, supported by Mr. Miller. Upon a vote viva voce, the motion carried. Ordinance No. 54-2013 was held on second reading until October 21, 2013. ORDINANCE NO. 58-2013 - A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF A STATEMENT OF BENEFITS FOR A PROPERTY OWNER APPLYING FOR DEDUCTIONS UNDER I-C. 6.1-12.1 (Ahaus Tool) The Clerk read Ordinance No. 58-2013 on first reading by title only. This Ordinance is a petition of Ahaus Tool & Engineering for a ten year tax abatement for equipment valued at Three Hundred Fifty Thousand Dollars and zero cents ($350,000.00). Common Council Minutes October 7, 2013 Page 4 of b Ordinance No. 58-2013 was referred to the Tax Abatement Committee for due diligence. ORDINANCE NO. 59-2013 - AN APPROPRIATION ORDINANCE AMENDING THE 2013 BUDGET (Metro Dev) The Clerk read Ordinance No. 59-2013 on first reading by title only. This Ordinance is a request of the Department of Metropolitan Development to transfer to delete Eight Thousand Six Hundred Dollars and zero cents ($8,600.00) from Part Time Help and add Thousand Six Hundred Dollars and zero cents ($8,600.00) to Professional Services Mr. Miller moved to advance Ordinance No. 59-2013 to second reading, suspend the rules and read by title only, supported by Ms. Cruse -Nicholson. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No_ 59-2013 on second reading by title only. Council President Parker declared Ordinance No. 59-2013 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Wissel moved for engrossment of Ordinance No. 59-2013, supported by Mr. Miller. Upon a vote viva voce, the motion passed. Mr. Wissel moved to advance Ordinance No. 59-2013 to third and final reading and suspend the rules and read by title only, supported by Mr. Winget. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 59-2013 on third reading by title only. Ordinance No. 59-2013 was adopted with a 9-0 roll call vote. ORDINANCE NO. 61-2013 -- AN APPROPRIATION ORDINANCE AMENDING THE 2013 BUDGET (Roseview Transit) The Clerk read Ordinance No. 61-2013 on first reading by title only. This Ordinance is a request of Roseview Transit to transfer funds as follows: Delete: $3,600.00 from Tires and Tubes $1,000.00 from Contractual Printing $3,000.00 from Gas $1,200.00 from Advertising and Promotion $12,000.00 from Other Contract Services Add: $12,256.00 to Regular Salaries $8,544.00 to Part Time Help Mr. Miller moved to advance Ordinance No. 61-2013 to second reading, suspend the rules and read by title only, supported by Mr. Winget. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 61-2013 on second reading by title only. Council President Parker declared Ordinance No. 61-2013 on second reading and public hearing. There being no comments for or against the Ordinance, Mr. Wissel moved for engrossment of Ordinance No. 61-2013, supported by Mr. Miller. Upon a vote viva voce, the motion passed_ Mr. tassel moved to advance Ordinance No. 61-2013 to third and final reading and suspend the rules and read by title only, supported by Ms. Hollis. Upon a vote viva voce, the motion passed. Common Council Minutes October 7, 2013 Page 5 of 6 The Clerk read Ordinance No. 61-2013 on third reading by title only. Ordinance No. 61-2013 was adopted with a 9-0 roll call vote. ORDINANCES ON SECOND READING ORDINANCE NO. 49-2013 -- A SPECIAL ORDINANCE VACATING A PUBLIC WAY (STREET) (1023 North 11T" Street and 1020 North "J" Street) The Clerk read Ordinance No. 49-2013 on second reading by title only. This Ordinance is a petition of Mint Management, LLC, requesting that a portion of a dedicated public way located at 1023 North 111h Street and 1020 North "J" Street be vacated. This vacation would make development of adjacent property more feasible. Mr. Miller moved to amend by including the following Commitment and Planning Staff Recommendations: • Commitment that utilities will be removed from the vacated alley. • The vacation would not hinder the growth and orderly development of the community in which it is located in or contiguous to; since the land being vacated will be part of a commercial development. • The vacation would not make access to lands owned by others by means of a public way difficult or inconvenient; because adjoining properties will retain frontage on the existing portion of North 11th Street. • The vacation would not hinder the public's access to a church, school or other public building or place; because those structures are not adjacent to this property. • 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 no changes are planned for the existing portion of North 111 Street. The motion was supported by Ms. Hollis. Upon a vote viva voce, the motion carried. Council President Parker declared Ordinance No. 49-2013 on second reading and public hearing. Speaking in favor was Mr. Moore. There being no comments against the Ordinance, Mr. Miller moved for engrossment of Ordinance No. 49-2013, supported by Mr. Winget. Upon a vote viva voce, the motion passed. Mr. Wissel moved to advance Ordinance No. 49-2013 to third and final reading and suspend the rules and read by title only, supported by Ms. Hollis. Upon a vote viva voce, the motion passed. The Clerk read Ordinance No. 49-2013 on third reading by title only. Ordinance No_ 49-2013 was adopted with a 9-0 roll call vote. ORDINANCE NO. 50-2013 — A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR CERTAIN PARCELS FROM OUTDOOR COMMERCIAL DISTRICT TO GENERAL COMMERCIAL DISTRICT (1023 North 11T" Street and 1020 North "J" Street) The Clerk read Ordinance No. 50-2013 on second reading by title only. Common Council Minutes October 7, 2013 Page 6 of 6 This Ordinance is a petition to rezone adjacent properties at 1023 North 111h Street and 1020 North "J" Street from Outdoor Commercial District to General Commercial District. The rezoning will allow the property owner to more appropriately develop the property. Council President Parker declared Ordinance No. 50-2013 on second reading and public hearing. Speaking in favor was Mr. Moore. There being no comments against the Ordinance, Mr. Miller moved for engrossment of Ordinance No. 50-2013, supported by Ms. Hollis. Upon a vote viva vote, the motion passed. Mr_ Wissel moved to advance Ordinance No. 50-2013 to third and final reading and suspend the rules and read by title only, supported by Mr. Winget. Upon a vote viva vote, the motion passed. The Clerk read Ordinance No. 50-2013 on third reading by title only Ordinance No_ 50-2013 was adopted with a 9-0 roll call vote. ORDINANCES ON THIRD READING ►= CALL FOR ADJOURNMENT There being no further business, on a motion duly made, seconded and passed, the meeting was adjourned. Larry Parker, President ATTEST: Karen Chasteen, IAMC, MMC City Clerk I MINUTES 2 RICHMOND ADVISORY PLAN COMMISSION 3 THURSDAY, September 26, 2013 4 COUNCIL CHAMBERS 5 7:00 P.M. 6 7 The regular meeting of the Richmond Advisory Plan Commission was called to order by President Bruce 8 Wissel at 7:00 P.M. Thursday September 26, 2013 in the Council Chambers of the Municipal Building. 9 t0 Members answering roll call were, Dick Foore, Chera LaForge, Ray Ontko, Joe Price, Brenda Reisch, I Steve Stevens, Jason Whitney, Benny Young and Bruce Wissel. Greg Stiens and Gary Turner were 12 absent. Also in attendance were: Scott Zimmerman, City Planner, Sarah Mitchell, Planning Tech, Kim 13 Vessels, Assistant City Attorney, and Joyce Carr, recording secretary. 14 15 MINUTES 16 17 COMMISSIONER STEVENS MOTIONED, SECONDED BY COMMISSIONER PRICE TO ACCEPT THE 18 MINUTES OF THE JUNE 27, 2013 MEETING. MOTION CARRIED WITH A UNANIMOUS VOICE VOTE. 19 20 PROOF OF PUBLICATION 21 22 Kim Vessels: We do have a notice that was published in advance; it states the time and place of the 23 hearing and the items on the agenda for this meeting. So this proof of publication is in order for this 24 meeting. 25 26 COMMISSIONER PRICE MOTIONED, SECONDED BY COMMISSIONER ONTKO TO APPROVE THE 27 PROOF OF PUBLICATION FOR THE SEPTEMBER 26, 2013 MEETING. MOTION CARRIED WITH A 28 UNANIMOUS VOICE VOTE. 29 30 New Business 31 ORDINANCE NO.49-2013 - A Special Ordinance vacating a portion of a public way (street) on the 32 property in the 1000 Block of North 11t" Street, specifically 0.125 acres, 29 feet north of lot 21 in B. 33 Fulghum's Addition, approximately 223 feet north of North J Street. 34 Gordon Moore with Beals -Moore & Associates: We are representing Rod Weiss, he is owner of Mint 35 Management. He owns property on both sides of what we are asking to be vacated. Lot 22 Benjamin 36 Fulghum's Addition and its approx 4 acres on the west side which is described as the meets and bounds. 37 It would start approximately 223 feet north of North J Street and 29 feet north of lot 21. The addition is 38 aprox., 150 years old. We did research on some of the old aerials and we couldn't find any evidence this 39 road ever existed_ Where it would terminate is along the east fork of the Whitewater River. Its 30 fleet 40 wide and we would allow access. We are not going to vacate along lot 21 so that the house that is there 41 and the alley south of that and all businesses on the east side could continue to have access off of North 42 11''. What we are asking for will be a continuation then it will fall right into the next one. We are going to 43 review which would be rezoning and the vacation would permit these tracks to become one (1). 44 Mr. Young — What is the total acre amount that we are talking about? 45 Mr. Moore — It will 4.4 acres with the two (2) tracks and the portion that is to be vacated. 46 Mr. Young — Do we believe that includes the property which is the southwest comer of the property on J 47 Street? 48 Mr. Moore — That is correct. Yes, that would include properties. 49 50 There was no one speaking in favor or in opposition to the Ordinance. MINUTES ADVISORY PLAN COMMISSION September 26, 2013 PAGE 2OF5 51 52 Scott Zimmerman gave staff report. 53 54 ORDINANCE: Ord.49-2013 55 56 PETITIONER: Mint Management, LLC, Owner; Gordon Moore, Beals -Moore, Agent 57 58 REQUEST: Petition to Vacate a Public Way 59 60 LOCAT#ON: Property commonly known as a portion of a public way {street) in the 1000 Block 61 of North 11'h Street, specifically 0.125 acres, 29 feet north of lot 21 in B. 62 Fulghum's Addition, approximately 223 feet north of North J Street 63 64 ZONING: High Density Single-family Residential (R3) District 65 and Outdoor Commercial (OC) District 66 67 NOTIFICATION: Certified mail was sent to the affected properties. No objections have been 68 received. 69 70 REVIEW: Street vacations are reviewed taking the following factors into consideration: 71 1. The extent to which the vacation would hinder the growth or orderly development of the 72 neighborhood in which it is located. 73 2. The extent to which the vacation would make access to the lands of adjoining property 74 owners by means of public way difficult or inconvenient. 75 3. The extent to which the vacation would hinder the public's access to a church, school, or 76 other public building or place. 77 4. The extent to which the vacation would hinder the use of a public way by the neighborhood in 78 which it is located or to which it is contiguous. 79 80 RECOMMENDATION: The portion of the street being vacated is proposed to be part of a commercial 81 development which will be aided by the vacation of the portion of North 111h Street 82 which was never finished. The Planning Staff sent letters to all utilities and 83 relevant City departments requesting comment on the petitions. No requests for 84 easements were received. 85 86 Staff recommendation is for approval based on the following Findings of Fact and with the commitment 87 that utilities will be removed from the vacated alley. 88 S9 1. The vacation would not hinder the growth and orderly development of the community in which 90 it is located in or contiguous to; since the land being vacated will be part of a commercial 91 development. 92 93 2. The vacation would not make access to lands owned by others by means of a public way 94 difficult or inconvenient; because adjoiningproperties will retain fronts eon the existin 95 portion of North 11'h Street. 96 s access to a church, school or other public building 97 3_ The vacation would not hinder the public' 98 or place; because those structures are not adjacent to this property_ 99 100 4_ The vacation would not hinder the use of a public way by the neighborhood in which it is 101 located or to which it is contiguous, because no change are planned for the existing portion of 102 North 11 th Street. 103 104 Mr. Ontko —The River Court area, across the river, are there any improved road ways over there? 105 MINUTES ADVISORY PLAN COMMISSION September 26, 2013 PAGE30F5 106 Mr. Zimmerman — There is a road, however that roadway does not connect to this portion of North 1Ith 107 Street nor was there any intention to do so. The portion on River Court was developed in the 50's or 60's 108 well after this sub division. 109 110 Mr. Ontko — I also noticed that there is an area defined as public area, is that owned by the City? III 112 Mr. Moore — What we found, and we have not yet done a boundary survey at this point, but we will to 113 combine these lots, but in our research the two additions the one on the north side and the one on the 114 south side it seems pretty clear, that both of them, the intent was to go along the aprox top of the bank 115 and allow a public right of way or public area and it was owned by the City of Richmond. We have not 116 found where those boundaries are yet, but the two sub divisions were never adjacent to each other or 117 never designed for a roadway to go across and it is listed on the County tax maps as a public way. l say it 118 is a small portion of an alley that would go back to North 12" Street 119 120 Mr. Ontko -- And that varies from 15 feet to 10 feet? 121 122 Mr. Moore — Correct. 123 124 COMMISSIONER WHITENY MOTIONED, SECONDED BY COMMISSIONER YOUNG TO APPROVE l25 ORDINANCE 49-2013 AS PRESENTED BY PLAN STAFF. MOTION PASSED WITH A 9 TO 0 ROLL 126 CALL VOTE_ 127 ORDINANCE 50-2013 — A Petition to Rezone from Outdoor Commercial (OC) District and High Density 128 Single-family Residential (R-3) District to General Commercial (GC) District; 1023 North 11t' Street and 129 1020 North J Street; Mint Management LLC, Owner; Gordon Moore, Beals -Moore & Assoc., Agent; 130 (Parcel # 891633110211000030, Legal Description Lot 22 B&F and PT 0418, PT LOT 3 & ALL LOTS 4 131 THRU 10 B F & PT VAC ALLEY CON *TIF* 4.759A, ALL IN THE NW SEC 33-14-1). 132 Gordon Moore with Beals -Moore & Associates. What we are trying to do is a combination of the two 133 tracks and vacated right of way. We do not have any concrete plans now. This would allow us to start 134 planning the entire area into a commercial development for professional offices. The outdoor zoning 135 doesn't fit the needs. 136 137 There was no one speaking in favor or in opposition to the Ordinance t38 139 Scott Zimmerman gave staff report 140 141 ORDINANCE: 50-2013 142 143 PETITIONER: Mint Management, LLC, owner; Gordon Moore, agent 144 145 REQUEST: Rezoning from Outdoor Commercial (OC) District and High Density Single-family Residential (R3) to General Commercial (GC) District. 146 147 148 LOCATION: 1023 North 11'h Street and 1020 North J Street 149 150 ZONING: R3 & OC 151 152 153 ADJOINING ZONING: North Parks & Rec_IR3 South Urban ResidentiallR3 154 East GCIUR West OC 155 156 NOTIFICATION: Sixteen (16) adjacent property owners were notified. One comment 157 received in favor at this time. 158 200 Mr. Ontko — And they are zoned R-3 at the moment? 201 Mr. Zimmerman -- No. They are zoned General Commercial. 202 Mr. Ontko -- So the only things that would be left in that area as R-3 are the two (2) residential structures 203 there and perhaps that little piece of that lot in the hack?