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Home My Public Portal About026-1994 - REZONING - 3194 UNION PIKEORDINANCE NO. 26-1994 A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 3194 UNION PIKE WHEREAS the zoning map designates 3194 Union Pike, Wayne Township, Wayne County, as R-1 One Family Residence District, and WHEREAS it is desirable to change the zoning designation to C-4 General Business District to accommodate the location of other C-4 uses on this property which has been the site of a legal non -conforming C-4 use for a number of years, NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the zoning designation of the real estate described as A part of the northeast quarter of Section 19, Township 14 north, Range 1 west, in Wayne Township, Wayne County, Indiana, and being; more particularly described as follows: Beginning at the northeast corner of the northeast quarter of said Section 19, and running thence, from said beginning point, south, along the east line of said northeast quarter 176.5 feet; thence west, parallel to the north line of said northeast quarter 275.5 feet; thence north, parallel to the east line of said northeast quarter 176.5 feet to a point in the north line of said northeast quarter; thence east, along said north line 2755 feet to the place of beginning, containing an acre of 1.12 acres, more or less, commonly known as 3194 Union Pike, be as is hereby changed to C-4 General Business District. Passed and adopted this 2nd day of May, 1994, by the Common Cou=,,idcnt ' Richmond, Indiana. ( arry arker) ATTEST. c— City Clerk (Norma Carnes) PRESENTED to the Mayor of the City of Richmond, Indiana, this 3rd day of Ma 1994, at 9:00 a.m. ,City Clerk (Norma Carnes) APPROVED by me, Roger Cornett, Mayor of the City of Richmond, Indiana, this 3rd day of May, 1994, at 9:05 a.m. _�Lm.:'Mayor ger Cornett) ATTES ity Clerk (Norma Carnes) PETITION TO REZONE N0. DAIi:: z ----�a TO; RICHMOND CITY PLAN COMMISSION STATE OF INDIANA ADDRESS OF PROPERTY: 3194 Union Pike, Richmond, Wayne County, Indiana Part NE 19/14N/1W Wayne . Begin NE corner [ATE quarter,- -- LEGAL containing 1.12A, more or less. See deed to petition attached DESCRIPTION SIZE 275.5 X 176.5�" 1.12 acres, more or less. —-----_-- __-- ---- SQ . FT. (AC) OWNER: Fowler Wholesale, Inc. ADDRESS: 645 Indiana Avenue, Richmond, Indiana (corporate address) DATE — -'---- ACtii11RED: June 3, 1985 ------- -- TILEi'iioNr NU.(317) 935-0016 AGENT: Robert G. Burton, Burton & Simkin, Attorneys '� R 25__..-•- ADDRESS: Richmond, Indiana 47374 `_---- TLj_EPll0rlr i40. (317) 966-5518 ZONE —^- CLASSIFICATION: PRESENT R-1 nonconforming_ use _ RrQUESTED C-4 PROPOSED US>: uses permitted under C-4 business district r VREASONS FOR Petitioner's use is in fact a C-4 use and has been permitted as a o gtn�"-"""ime noncon oim%ng us"e:--17iie'�o REQUESTED REZONING dc�7ettt irf the -- area as well as anticipated further development and improvement o e roa s, pe ion r-freeds'-t-0-have -the -frexibil-a�Letpp•1y C-4 uses to this property. I hereby verify that I am the legal owner of the 1hove descriGed property. I hereby depose and say that all tile above statr-rnents and the statements contained in all the exhibits transmitted herewith are true. Plan Commission meets on the fourth Tuesday'of each month at 7:30 P.M. in the City Counril Chambers. The presence of the petitioner is mandatory at the public hearing. Four copies of this petition are to be filed with the director of Planning. Petitions shall be accompanied by the necessary Plats which will show building site and structures. A legal description is also necessary. Subscribed and sworn before me this My ::anmission expires October 18, Fowler olesale, Inc. jnl►pT ca n i Harold Simpson, President Attest: N rma L. Wilson, Secretary _645 Indiana Avenue, Richmond, Indiana � ficTcTr l s s Y - - - a �2 day o f - arch , 1994 4 L —�� otPi ary rui�1� ue . 7mmzontree Notary Public, A resident of Wayne County, Indiana 1996 eool '106FAct178 Vgbb:)y 90JUH27 PH 1.49 Warrantp ;Deeb THIS rNoeNTURP_ WITNRSSETrI, Mat EOWARD W. KAL£R, JR. and BETTY F. KALER, husband and wife, Of Wayne connry, In rhr ,Start of Ind I ana Cnnrry and 11'arrnn to FOWLER WHOLESALE. INC. Of Wayne Indiana Catrnry, fn .r1jr Starr of , Jnr and In rnnsldrratlnn of rhr sum of One Dollar el-001 and other valuably exmsldrratlnnS, rhr rrerlpr w•hrrenf lr hrrrhy achnow•ledgrd, the JnlloN•ing drrcrlhed Real $male In Wayne Cnrrrtry, In the State of Indlarra, tn•wft. A part of the northeast -quarter of Section nineteen (19), Township fourteen (14) north, Range one (1) west, in Wayne Township, Wayne County, Indiana, and being more particularly described as fol iows.: Beginning at the northeast corner of the northeast quarter of said Section nineteen (19), and running thence) from said beginning point, south, along the east line of said northeast quarter, one hundred seventy-six and five tenths (176.5) feet; thence west, parallel to the north line of said northeast quarter, two hundred to the east seventy-flve and five tenths (275.5) feet; thence north, parallel seventy-eof said r Seventy-six andfivetenths(176s5)theat gfeeteto anpoint dindthe north line of said northeast quarter; thence east, along said north line, two hundred seventy-five and five tenths (275.5) feet to the place of beginning, containing an area of one and twelve hundredths (1.12) acres, more or less. SUBJECT to the second installment of 19D4 real estate taxes. due taxes. and payable 1n the Fall of 1985. together with all subsequent Duty enlerod fat luellell No It day of t. /wc 11 q r7 MWITON OF WAYNE COUNTY Send TamSrarementSro; Fowler Wholesale, Inc., 3194 Union Pike, Richmond, IN 4_ 737q IN WITNESS WHEREOF. Granter has eaeculed this deed thls.�•tl June day or , 19 85 Signature • (SEAL) SISnalure Printed Edward W. Kaler, Jr. �"�--- (SEAL) Printed Betty F. K_aler STATE OP •�1NDIANA , COU14 T Y op w f nE "!fore me, a Notary Public In and for said County and Slate, personally appeared Edward W. Kaler, Jr. and Betty F. Kaler .oho acknowledged the execution or the foregoing; Warranty Deed, as his/her/their voluntary act and deed, and who, having been duly !worn. stated that any representations therein contained re true. Witness my hand and Nolarlal Seel this 5I'll J•r day o June ' hfj�abnr Issas i; eiiislres� �!! "• q -• `yi, �f Signature Printed Notary Public 4 Residing In Wayne Ceunty, Indiana. hs..; Slfl,i�illip�egr was prepared by William If Re11er attorney at law, REcaROFDJUN 2 7 1990 DE90RhN S. SMITH R.W,C, I' y'1 P IYl A1JT1JQR.1'1Y OF AGENT I HEREBY REPRESENT AND WARRANT THAT I GAVE BEEN DULY DESIGNATED BY THE ACTUAL PROPERTY OWNER OR OWNERS DESCRIBED HEREIN TO ACT AS THE DULY AUTHORIZED AGENT AND REPRESENTATIVE OF SAID OWNER OR OWNERS. THAT, AS SAID AGENT OR REPRESENTATIVE, I HAVE BEEN GRANTED AUTIiORITY.TO FILE THIS PETITION, TO SPEAK AND RESPOND TO QUESTIONS IN BEHALF OF SAID OWNER OR OWNERS CONCERNING ANY PROCEEDING INVOLVING THIS PEI'II'ION. SIGNED ADDRESS Robert G. Burton B194 ON SPI-KII�,IITIOR}+iI3�'S 25 North Seventh Street Ri r-hmnn ACTING AS AGENT FOR: ACTUAL PROPERTY•OWNER Fowler Wholesale Inc. ADDRESS 3194 Union Pike Richmond, Wayne County, Indiana 47374 DATE March 1994 LEGAL DESCRIPTION OF PROPERTY IN THIS PETITION: Part NE 19/14N/1W Wayne Twp. Begin NE corner NE quarter, containing 1.12A, more or less. FILED WITH RICHMOND UEPARTMnNT OF CITY PLANNING CASE NO. DATE SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF 1I9 NOTARY PUBLIC,RESIDENT OF WAYNE COUNTY MY COMMISSION EXPIRES: RICHMOND ADVISORY PLAN COMMISSION RICHMOND, INDIANA April 27, 1994 Mr. Larry Parker, President Richmond Common Council Richmond, IN 47374 RE: Ordinance No. 26-1994 Dear Mr. Parker: Please advise the members of Common Council that the Richmond Advisory Plan Commission conducted a public hearing Tuesday, April 26, 1994, on the petition of Fowler Wholesale, Inc., owners; Robert G. Burton, agent; requesting a rezoning from R 1 Single -Family Residence District to C-4 General Business District on the property located at 3194 Union Pike. Notices were delivered to the four surrounding property owners; one property owner, Mr. Richard E. Watt, appeared to oppose the request. Planning Staff recommended approval of the request because our Comprehensive Plan calls for this area to be Industrial and the proposed Commercial Zoning would be reasonably compatible with that, while allowing an existing commercial building to once again be used productively. The Commission voted 6 in favor, 4 opposed to recommend the passage of Ordinance No. 26-1994. Respectfully submitted, YGT V • tsc�� "'�-� Robert Goodwin Executive Secretary CITY OF RICHMOND DEPARTMENT OF LAW 50 North 5th Street Richmond, Indiana 47374 Phone (317) 983-7220 Fax (317)966-2255 March 29, 1994 Common Council Richmond, IN 47374 RE: Ordinance No. 26-1994 Dear Council Member: ROGER CORNETT Mayor THOMAS S. MILLIGAN City Attorney The above referenced ordinance is a re -zoning of property owned by Fowler Wholesale, Inc. This corporation currently operates at the location of the requested rezoning, 3194 Union Pike, in the two- mile fringe area of the Richmond Zoning Ordinance. The current zoning is R-1 One Family Residence District and the present C-4 General Business District use described in Article 33.002 (40) as "Wholesale offices and storerooms with storage" has been a legal non -conforming use for a number of years. Due to development in the area and improvement of the roads by the County, the owner needs to have the flexibility to locate other G-4 uses on this property. The ordinance should be referred to Plan Commission for public hearing at its meeting on April 26, 1994. The ordinance should be back to Council for second reading on May 2, 1994. Sincerely yours, 27;5,; Thomas S. Milligan City Attorney Enclosure TSM / a gs DISPOSITION OF ORD INANCE NO,� RESOLUTION Na._`��''E:e--:, by Common Council I Ordinance No Resolution Na, Etstro Lundy Srookbank Donat McBride iri:or f>ici:r,uj) /.€Ic:r, f'ftritC�i� Cate Susp. rules ist read Title only --- .-.... .... ................r Seconded „--- h Proof of Publicaton Seconded.. -- Move to-2nd- read - ----. ....----.... -•---- --.. .. Seconded f Engrossment --- ---- ---- ...r ...._..,� ................................ ..r....--- --•-- ---- Seconded _ s— Susp rules 3rd read ................. ....................................... ...r .... ........ ..r ...... ..... c.r<e o. <<vc e.cc onn.r Seconded Passage v� ✓ ✓ `� II _.v . ...--- -------------- ------------ ----- ...J� Rejection t- -e Cate Passed .V, ..0.,Trc� eevr-- KAa TC• - L 1 I1Y11 ,1 E. Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: