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Home My Public Portal About004-1981 - Zoning - S. 9th, C&O Railroad, S. 13th and Boston Pike - StrickenGENERAL ORDINANCE NO. 4-1981 AN ORDINANCE MEMING CHAPTER 154 OF THE 11UNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COIMNLY KNOK4N AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA ADOPTED JUNE 3, 1968, PROVIDING FOR THE REZONING OF PROPERTY MUZAILY BOUNDED BY SOUTH 9TH STREET, THE C&O RAILROAD, SOUTH 13TH STREET AND BOSTON PIKE FROM R-2 SINGLE FAMILY RESIDENCE DISTRICT AND R-4 MULTI- FAMILY RESIDENCE DISTRICT TO C-4 GENERAL. BUSINESS DISTRICT. WHEREAS, the Zoning Map which is part of Ordinance No. 2325-1968 designates and describes as R-2 Single Family Residence District and R-4 Multi - Family Residence District the property generally bounded by South 9th Street, the CO Railroad, South 13th Street and Boston Pike in the City of Richmond, Indiana; and, WHEREAS, it is the intent and purpose hereof to change the zoning classifica- tion of said property from R-2 Single Family Residence District and R-4 Multi -Family Residence District to C-4 General Business District; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Canmission the 27th day of January, 1981, at which time remonstrances were heard from all parties interested in or affected by this Ordi- nance; and, WHEREAS, the vote of the Richmond City Plan Commission was ten (10) to zero (0) in opposition to reconmending the passage of Ordinance No. 4- 1981. NCW THFREMRE BE IT ORDAIN® by the Conmon Council of the City of Richmond, Indiana as follows: SECTION 1. That the zoning classification of the property described below be, 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 the Southwest Quarter of Section 9, Township 13 North, Range 1 East, in the City of Richmond, and Lots 13- 24 inclusive, 49-58 inclusive, 87-90 inclusive and a part of Lots 59, 60 and 86 all being in C. T. Price's Third Addition to South Richmond, and being all in the City of Richmond, Indiana, and being more particularly described as follows: Beginning at a point in the west line of the Southwest Quarter of said Section 9, and said point being 250.00 feet south of the northwest corner of said Southwest Quarter, and running thence, from said beginning point, east, 325.85 feet to a point on the southwardly right-of-way line of the Chesapeake and Ohio Railroad; thence south 72 degress, 44 minutes and 17 seconds east, along the chord of a curve to the left in said right-of-way, a chord distance of 1234.27 feet to a point on the west right-of-way line of South 13th Street; thence south 0 degrees and 17 minutes east, along said west right-of-way, 939.25 feet; thence south 89 degrees and 43 minutes west, 150.00 feet; thence south 0 degrees and 17 minutes east, 75.00 feet to a point on the south line of Lot 60 in said C. T. Price's Third Addition; thence south 89 degrees and 43 minutes west, along the south line of said Lot, and along the south lines of Lots 49, 24 and 13 in said Addition, 641.00 feet to the southwest corner of said Lot 13; thence south 0 degrees and 17 minutes east, along the west line of said C. T. Price's Third Addition, and said line extended, 776.32 feet to a point in the center- line of the Boston Pike, (Indiana State Route 227); thence north 45 degrees and 38 minutes west, along said centerline, 1010.51 feet to a point on the west line of said Southwest Quarter; thence north, along said west line, 661.38 feet; thence east, 36.00 feet; thence north, parallel to the west line of said ORDITNANCE NO. 4-1981 Page Two Southwest Quarter, 610.44 feet; thence west, 36.00 feet to a point in said west line; thence north 182.30 feet to the place of beginning, containing an area of 46.548 acres. SUBJECT TO: The right-of-way of South 9th Street, and the right- of-way of the Boston Pike, (Indiana State Route 227). 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 Contmn Council of the City of Richmond, Indiana, this day of , 1981. President of Common Council ATTEST: City Clerk PRESENTED by me to the Mayor of the City of R1clT=d, Indiana., this day of , 1981. City Clerk APPROVED by me, Clifford J. Dickman, Mayor of the City of Rictamnd, Indiana, this day of , 1981. I Mayor ATTEST: City Clerk CITY PLAN COMMISSION RICHMOND, INDIANA I.OESPO January 29, 1981 Mr. Kenneth Mills, President Members of Common Council & Mrs. JoEllen Trimble, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 4-1981 Plan Commission Case PC-81-2 Dear Mr. Mills, Members of Common Council and Mrs. Trimble: The Richmond City Plan Commission conducted a public hearing on Tues- day, January 27, 1981, on the petition of Daniel D. Stamper, et al (a total of eleven petitioners owning 94.7% of the area proposed to be rezoned have initiated this petition); Robert Burton, Agent, re- questing the rezoning from R-2 Single Family Residence District and R-4 Multi -Family Residence District to C-4 General Business District of 46.548 acres generally bounded by South 9th Street on the west, the C&0 Railroad on the north, South 13th Street on the east and Boston Pike on the south. Twenty-seven (27) notices of public hearing were sent to adjoining property owners with nine (9) returned in opposition to the request and one (1) returned in favor of granting the request. During the public hearing seven (7) citizens spoke against granting the rezon- ing. The Plan Commission considered the following in making their deter- mination: 1. The requested C-4 zoning is not compatible with the predominate residential land use within the area in question. The C-4 district prohibits residential uses entirely. If an existing home in the subject area burned down, it could not be rebuilt. The C-4 district regulations would allow a body shop to locate next to the existing nursing home. This would clearly be inappropriate. 2. The Needmore Neighborhood is located immediately east of the subject area. The City of Richmond has spent much time and money in upgrading the basic public Mr. Kenneth Mills, President Members of Common Council January 29, 1981 Page 2 facilities and removing blight in this neighborhood. Strip commercial development resulting from a rezoning to C-4 could adversely effect these rehabilitiation efforts. (See attached letter from Tim Ryder.) 3. Soil types found in the southern portion of the pro- perty in question have characteristics that potentially could make the handling of storm water drainage re- sulting from development difficult and costly. Com- pounding this problem, the drainage way traversing the subject area is overloaded presently creating problems for people living along Straightline Pike. 4. The subject area was zoned R-2 Single Family Residence District in 1968 with the adoption of the Master Plan and Zoning Ordinance. Since that time no significant changes in the area have occurred to warrant a rezoning to the C-4 General Business District. 5. The area in question does have locational advantages such as access to a railroad, access to a major truck route on U.S. 27, and access to an interceptor sewer that could be factors in the future development of this area for a use other than residential. However, because of site and drainage problems and potential ad- verse effects on surrounding residential areas, the development of this should be encouraged from a compre- hensive approach looking at the area as a unit as in the subdivision procedure. The rezoning of this property to C-4 would encourage strip commercial development and undermine the possibility of a coordinated development approach. Therefore, the Plan Commission voted ten (10) to zero (0) to recommend that Ordinance No. 4-1981 be denied. Respectfully submitted, CITY PLAN COrMSSION Robert B . Goodwin Executive Secretary /vl Encl. R'jkft'4t�Z;C � DATE: January 22, 1981 TO: Bob Goodwin F'RLM: Tim Ryder SUB =: South 13th Street CCFY M : INTER -OFFICE MEMO I would like to emphatically register my opposition to the proposed zoning change from R-2 to C-4 south of the railroad overpass and on the west side of South 13th Street. The Needmore neighborhood has been a target area for Comity Development funds the past three years. Our efforts have been to stabilize and rehabilitate this residential neighborhood. The department has spent over $250,000 in this area which has included a sanitary sewer on South 16th, storm sewers, curbs and new pavement on South T, South T Place, South 15th and South 16th, and the rehabilitation of four residential units in the neighborhood. Puture plans for the neighborhood include street improvements and, hopefully, a new railroad trestle so South 13th could be widened to aid traffic flow. Needwre has come a long way since it was annexed into the City. In my opinion this zoning change will turn out to be an extension of the use north of the area in question. If that happens, I can only think that property values will decrease and that the Needmore neighborhood will be a less attractive place to live. Thank you for considering this position. / lml Sincerely, Tim Ryder ROBERT G. BURTON DONALD L.5IMKIN Mr. Kenneth Mills, Common Council City of Richmond, Dear Mr. Mills: DUBTON & SIMBIN ATTORNEYS AT LAW 26 NORTH SEVENTH STREET RICHMOND, INDIANA 47374 February 2, 1981 President Indiana AREA CODE 317 TELEPHONE 966-5518 On behalf of the petitioners, would you please withdraw the Petition known as PC-81-2 for the rezoning of certain land from generally R-2 to C-4, brought by Daniel Stamper and others. Thank you for your consideration. Very truly yours, BURTON & SIMKIN Robert G. Burton RGB:smb