HomeMy Public PortalAbout013-1982 - Amending Chapter 154 - Zoning - NW L, Conrail Tracks,NW E and NW 5thGENERAL ORDINANCE NO. 13-1982
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 ADOPTED JUNE 3, 1968, PROVIDING FOR THE REZONING OF
CERTAIN PROPERTY GENERALLY BOUNDED BY NORTHWEST "L" STREET, THE CONRAIL
TRACKS, NORTHWEST "E" STREET AND NORTHWEST FIFTH STREET, FROM M-1 LIGHT
INDUSTRIAL DISTRICT TO C-4 GENERAL BUSINESS DISTRICT AND R-3 ONE -TO -
EIGHT FAMILY RESIDENCE DISTRICT.
WHEREAS, the Zoning Map which is part of Ordinance No. 2325-1968 desig-
nates and describes as M-1 Light Industrial District, the
property generally bounded by Northwest "L" Street, the ConRail
Tracks, Northwest "E" Street and Northwest Fifth Street; and,
WHEREAS, the above referenced property is shown and designated on a map
attached to this Ordinance and marked Exhibit "A' hereof and
by reference made a part hereof; and,
WHEREAS, it is the intent and purpose hereof to change the zoning classi-
fication of said property from 11-1 Light Industrial District to
C-4 General Business District and R-3 One -to -Eight Family Resi-
dence District all as designated on the map marked Exhibit "A";
and,
WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan
Commission the 27th day of April, 1982, at which time remonstrances
were heard from all parties interested in or affected by this
Ordinance; and,
WHEREAS, the Richmond City Plan Commission has determined the proposed
rezoning would meet the requirements of I.C. 36-7-4-918(f) as
evidenced in the finding of fact set forth in its minutes and
therefore voted six (6) to one (1) in favor of recommending
passage of Ordinance No. 13-1982; and,
WHEREAS, the Common Council of the City of Richmnd, Indiana, pursuant to
I.C. 36-7-4-607, has made a finding of fact regarding the pro-
posed rezoning as evidenced in its minutes.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Ri&rrond,
Indiana, as follows:
SECTION 1. That the map, marked Exhibit "A" designating the area to be
rezoned from M-1 Light Industrial District to C-4 General Busi-
ness District and R-3 One -to -Eight Family Residence District
is hereby made a part of Ordinance No. 13-1982.
SECTION 2. That the zoning classification of the above described property
be, and the same is hereby changed to C-4 General Business Dis-
trict and R-3 One -to -Eight Family Residence District as designated
and described in Exhibit "A' hereof and that said property be
regulated in accordance with the Zoning Ordinance of the City
of Richmond, Indiana and all amendments thereto.
SECTION 3. 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 ,r "4 1982.
Yr
President ot Common Council
ATTEST:
Citry Cier
CRDI1QNCE - M. 13, 1982
Page Itm
PRESaUED by me, JoEllen Trimble, City Clerk, to t4e Mayor of the City of
Ricimund, Indiana, this 41-A day of 1982.
City -Clerk
APPROVED by me,
Clifford J. Dickman, Mayor of the City of Richmond, Indiana,
this IS-4-A day of -1 1982.
Cl*" rd J.-Dickman, Mayor
A=T:-
CiLt9--Clerk
CITY PLAN COMMISSION
RICHMOND, INDIANA
1.4esp'.
April 29, 1982
Mr. Kenneth NLills, President
Members of Common Council and
Mrs. ioEllen Trimble, City Clerk
Mmicipal Building
Richmond, Indiana 47374
Re: Ordinance No. 13-1982
Plan Commission No. PC-82-5
Dear Mr. Mills, Members of Common Council and Mrs. Trimble:
A public hearing was held on Tuesday, April 27, 1982, on the request
of the Richmond City Plan Commission to rezone from M-1 Light Indus-
trial District to C-4 General Business District and R-3 One -to -Eight
Family Residence District certain property generally bounded as
follows: on the north by Northwest "L" Street, on the east by the
ConRail Tracks, on the south by Northwest "E" Street and on the
west by Northwest 5th Street. (Exhibit "A" of the Ordinance No.
1301982 is a map which designates the area proposed to be rezoned
C-4 and R-3.)
Fifty (50) notices of public hearing were sent to adjoining property
owners with one (1) returned in favor of the request and one (1) re-
turned in opposition to the request. No one spoke in favor of or
in opposition to the rezoning at the public hearing.
As a result of the last Legislative Session, State Statutes relative
to Planning and Zoning have been amended to require both the Plan
Commission and Common Council to make a finding of fact, pursuant to
I.C. 36-7-4-607, as the basis to approve a rezoning.
In compliance with this Statute, the Plan Conmission determined that
the predominate lan d use within the subject area is commercial with
a majority of these commercial uses being first permitted in the C-4
District. Also, there are thirty-two (32) residential structures
within said area, but the proposed rezoning will have no substantial
affect on these properties as they are already zoned M-1. The area
in question adjoins C-4 zoning on three (3) sides and is adjacent to
a major thoroughfare. The anticipated land use pattern of the area
in the future is commercial.
Therefore, the Plan Commission made the following finding of fact and
voted six (6) to one (1) to recommend passage of Ordinance No. 13-
1982:
Mr. Kenneth Mills, President
Members of Common Council
Ordinance No. 13-1982
April 29, 1982
Page Wo
1. The rezoning will not be injurious to the general
welfare of the community.
2. The value of adjacent property will not be substan-
tially harmed.
3. The need for the rezoning is a result of the present
zoning classification being incompatible with existing
land use in the subject area and in adjacent areas and
constitutes a hardship to property owners within the
area.
4. The rezoning serves the intent of the Master Plan
by providing for the highest and best use of the land
within the area.
Respectfully submitted,
CITY PLAN CONMSSION
444-1 2dX91,Z'",
Robert B. Goodwin /
Executive Secretary
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