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HomeMy Public PortalAbout017-1991 - REZONING - 3105,3135,3181 UNION PIKEORDINANCE NO. 17-1991 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 AT 3105, 3135 AND 3181 UNION PIKE, FROM R-1 SINGLE FAMILY RESIDENCE TO M-2 GENERAL INDUSTRIAL DISTRICT. WHEREAS, the Zoning Map which is a part of Ordinance No. 2325-1968 designates and describes as R-1 Single Family Residence District the property located at 3105, 3135 and 3181 Union Pike; and, WHEREAS, it is the intent and purpose hereof, to change the zoning classification of said property from R-1 Single Family Residence District to M-2 General Industrial District; and, WHEREAS, a study of this Ordinance was condu�ed by the Richmond Advisory Plan Commission the 23�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 0 in favor of/i recommending the passage of Ordinance No. 17-1991. 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 M-2 General Industrial 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 Northwest Quarter of Section 20, Township 14 North, Range 1 West in Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at an iron on the west line of the Northwest Quarter of said Section 20, said point being 412.00 feet south 0 degrees and 31 minutes west of an iron rod at the northwest corner of said Northwest Quarter, and running thence, from said beginning point continuing south 0 degrees and 31 minutes west, along the westline of said Northwest Quarter, 552.18 feet to an iron rod; thence south 89 degrees and 29 minutes west 29.54 feet to an iron pipe on the north right-of-way line of Interstate Highway Number 70; thence south 20 degrees and 26 minutes east, along said right -of -way, 68.10 feet to a concrete right-of-way monument; thence north 82 degrees and 00 minutes east, along said right -of-way, 237.59 feet to a corner post; thence north 0 degrees and 27 minutes east, along an existing fence line, 580.60 feet to an iron pipe, thence north 89 degrees and 29 Ordinance No. 17-1991 Page 2 minutes west 288.25 feet to the place of beginning, containing an area of 3.923 acres. AND ALSO being a part of the Northwest Quarter of Section 20, Township 14 North, Range 1 West in Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at a point in the West line of the Northwest Quarter of Section 20, said point being 312 feet South of the Northwest corner of said Northwest Quarter, and running thence from said beginning point East parallel to the North line of said Northwest Quarter 260 feet; thence South parallel to the West line of said Northwest Quarter 100 feet; thence West parallel to the North line of said Northwest quarter 260 feet to a point in the West line of said Northwest Quarter; thence North along the West line 100 feet to the place of beginning, containing an area of 0.60 acres, more or less. AND ALSO being a part of the Northwest Quarter of Seciton 20, Township 14, Range 1 West, in Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at the Northeast Corner of said quarter section, thence West, to the Northwest corner of said quarter section; thence South along the West line of said quarter section a distance of 1031 feet, more or less, to a point where the State of Indiana appropriated real estate for the purpose of constructing U.S. Highway #70; thence South 20 degrees, 26 minutes East 68.1 feet along the line of the said real estate so appropriated to the north line of right-of-way of U.S. Highway #70; thence Northeastwardly along the North line of U.S. Highway #70 to the East line of said quarter section; thence North 600 feet, more or less, to the place of beginning, containing an area of 48 acres, more or less. EXCEPT THEREFROM: Being a part of the Northwest Quarter of Section 20, Township 14 North, Range 1 West in Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at an iron pipe set in the north line of the Northwest Quarter of said Section 20, said point being 1692.47 feet north 89 degrees, 43 minutes and 50 seconds east of the northwest corner of said Northwest Quarter, and running thence, continuing north 89 degrees, 43 minutes and 50 seconds east, along the north line of said Northwest Quarter, 966.57 feet to the northeast corner of said Northwest Quarter of said Section 20, thence south 0 degrees, 48 minutes and 40 seconds west, along the east line of said Northwest Quarter, 607.55 feet to an iron pipe set in Ordinance No. 17-1991 Page 3 an existing fence on the north right-of-way line of United States Highway Number 1-70; thence the following courses and distances along the north right-of-way of said Highway; south 82 degrees, 50 minutes and 40 seconds west 314.60 feet to a point, thence north 89 degrees, 29 minutes and 51 seconds west 101.15 feet to a point; thence south 82 degrees, 24 minutes and 15 seconds west 100.44 feet to a point; thence south 65 degrees, 18 minutes and 54 seconds west 104.78 feet to a point; thence south 78 degrees, 49 minutes and 51 seconds west 367.65 feet to an iron pipe set, thence north 0 degrees, 48 minutes and 40 seconds east, parallel to the east line of said Northwest (quarter, 770.51 feet to the place of beginning, containing an area of 15.000 acres. 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 o0ffia 1991. President of Common Council ATTEST: /yyrceiu City Clerk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this_�day of,1991. APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this�day of,1991. Mayor ATTEST: City Cle< < INTER -OFFICE MEMO DATE: April 12, 1991 To: Common Council FROM: Dan Dooley SUBJECT: Ordinance No. 17-1991 COPY TO: Petitioner: Bearl A. Steele, Richard L. and Geneva L. Miller and Richard H. and Phyllis L. Stephenson, owners; Robert Delaney, agent. Request: requesting a rezoning from R-1 Single Family Residence District to M-2 General Industrial District. Location: on property located at 3105, 3135 and 3181 Union Pike. RICHMOND ADVISORY PLAN COMMISSION RICHMOND, INDIANA May 2, 1991 Mrs. Sally Hutton, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 17-1991 Plan Commission Case PC-91-11 Dear Mrs. Hutton, Members of Common Council and Mrs. Merchanthouse: The Richmond Avisory Plan Commission conducted a public hearing on Tuesday, April 23, 1991, on the petition of Bearl A. Steele, Richard L. and Geneva L. Miller and Richard H. and Phyllis L. Stephenson, owners; Robert Delaney, agent; requesting a rezoning from R-1 Single Family Residence District to M-2 General Industrial District, on property located at 3105, 3135 and 3181 Union Pike. The property in question consists of approximately 33 acres owned by 3 seperate parties whom have joined together as co -petitioners requesting a change in zoning from R-1 Single Family Residence District to the M-2 General Industrial District. The property is bounded by Wayne Road on the north, 1-70 on the south and Union Pike on the west. The 3 seperate parcels are presently used for single family dwellings. The petition indicates the rezoning is requested to enable a trucking terminal, warehousing and advertising signs to be located on the Stephenson property. However, if the rezoning is approved, any use permitted in the M 2 District could be established on the property. The Richmond Sanitary District, the Traffic Division of the Police Department and the Fire Department have reviewed the petition and have not identified any concerns. Ordinance No. 17-1991 Page 2 The petitioners have entered into an agreement between themselves indicating that none of the property in question may ever be used for a junk yard, wrecking yard or automobile wrecking yard even though the M-2 zoning regulations would permit such use. This restriction is a private matter between the parties and is not enforceable by the City. Twenty-nine (29) notices of public hearing were sent to the residents surrounding the site. Four (4) notices were returned to the Plan Department not oppossed to the petition. During the public hearing, no one spoke in opposition to the petition The Plan Commission considered the following, (a) the property in question is adjacent to 1-70 which is a locational advantage for many types of industrial land uses; (b) Wayne Road north of the subject property forms a good boundary seperating industrial land use from agricultural use; (c) industrial land use is recommended for the adjacent area south of 1-70 and the subject property is a part of the overall northwest area of the City reserved for future industrial growth; (d) a portion of the property in question was formerly used by the Richmond Sanitary District as a landfill and has questionable value for agricultural purposes; and, (e) the rezoning petition has been initiated by the property owners with residential uses that have the must to lose from a change in zoning so that a negative impact on property values would not be anticipated to be an issue in this case. Therefore, the Plan Commission voted eight (8) to zero (0) to recommend to Council that Ordinance No. 17-1991 be adopted. Respectfull submitted, Daniel S. Dooley, Exe utive Secretary Richmond City Plan Commission DISPOSITION OF ORDINANCE NO. 7 -199 / RESOLUTION NO. -199 by Common Council Ordinance No. ( % Resolution No. _ Elstro Lundy Brookbank Hankinson McBride Parker Morris Paust Hutton Date Susp. rules Ist read Title only ------------------------- Seconded ------ ---------- --------- -------- -------------- ------ ------ Proof of Publicaton Seconded -------------- ------ ------ Move to 2nd read Seconded - ------ - - - -- ------- -------------- ------ ------ Engrossment ------------------------- Seconded ------ ---------- ✓ --------- -------- -------------- ------ ------ Susp rules 3rd read ------------------------- ------ ---------- ------------------ Seconded Passage 17 L, L— v c� ------ ---O R ------- ---------- -- --- - -- - -- ------- -------- ------- Rejection 0 Date Passed 5-" � -Gi COMMITTEE ASSIGNMENTS: committeeDate Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DA AMENDMENTS: COMMENTS: