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HomeMy Public PortalAbout035-1988-ZONING - 1435 NORTHWEST5TH STREETGENERAL ORDINANCE NO. 35-1988 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, INIDANA PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 1435 NORTHWEST 5th STREET FROM C-4 GENERAL BUSINESS DISTRICT TO C-4 SPECIAL USE DISTRICT, AND AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A SELF-SERVICE RETAIL GASOLINE SERVICE STATION. WHEREAS, the zoning Map which is a part of Ordinance No. 2325-1968 designates and describes as C-4 General Business District the property located at 1435 Northwest 5th Street. WHEREAS, it is the intent and purpose hereof to change the zoning classification of said property from C-4 General Business District to C-4 General Business Special Use District, and to authorize the Special Use of said property as a Self Service Retail Gasoline Service Station WHEREAS, a study of this Ordinance was conducted by the Richmond City plan Commission the �'0 � day of (2 , 1988, at which time n remostrance were heard from all parties interested in or affected by this Ordinance; and WHEREAS, The vote of the Richmond City Plan Commission was_to 0 in favor of recommending the passage of Ordinance No. 35-1988. 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 C-4 General Business Special Use District, and that said property be regulated in accordance with the Zoning Ordinance of the City of Richmond, Indiana, and all amendments thereto. The following described real estate situated in the City of Richmond, Indiana, to wit: A part of the southwest quarter of Section twenty-nine (29), Township Fourteen (14), Range One (1); Beginning at a point 27 rods north of the southwest corner of said quarter section and running thence north 126.36 rods to the center of the Richmond and Williamsburg Pike; thence south 66 degrees east, with the center of said Pike, 7.96 rods to the westerly line of the G.R. & I. R.R. right of way; thence south 71/2 degrees east, with said right of way line, 124 rods to a point east of the place of beginning; thence west 21.45 rods to the place of beginning; containing 11.12 acres, more or less. EXCEPTING THEREFROM; ten (10) feet in equal width off the entire south side of the following described real estate, to -wit: A part of the southwest quarter of Section Twenty-nine (29), Township ORDINANCE NO. 35-1988 Page 2 Fourteen (14), Range One (1); Beginning at at point 27 rods north of the southwest corner of said quarter of section and running thence north 126.36 rods to the center of the Richmond and Williamsburg Pike; thence south 66 degrees east with the center of said pike 7.96 rods to the westerly line of the G.R. & I. R.R. right of way; thence south 7 1/2 degrees east with said right of way line, 124 rods to a point east of the place of beginning; thence west 21.45 rods to the place of beginning, containing eleven andl2/100 (11.12) acres, more or less FURTHER EXCEPTING THEREFROM: Being a part of the Southwest Quarter of Section Twenty-nine (29), Township Fourteen (14) North, Range One (1) West, described as follows, to -wit: Beginning at a point in the west line of said Section Twenty -Nine (29), said point being Nineteen Hundred Forty-one and Five Tenths (1941.5) feet, measured north along the west line of said Section twenty-nine (29), from the southwest corner of said Section; thence running north along the west line of said Section Twenty-nine (29), Fifty-three (53) feet; thence east, parallel with the south line of said Section Twenty-nine (29), one hundred fifty-seven and six tenths (157.6) feet, to the westerly right-of-way line of the Pennsylvania Railroad; thence southwardly, along the said westerly right-of-way line fifty-three and forty-one hundredths (53.41) feet; thence west, parallel with the south line of said Section Twenty -Nine (29), one hundred sixty-four and three tenths (164.3) feet, to the place of beginning. Subject to an easement for public highway, being a strip of land thirty (30) feet in width along the entire west side of the land herein described. FURTHER EXCEPTING THEREFROM: Being a part of the Southwest Quarter of Section Twenty-nine (29), Township Fourteen (14) North, Range One (1) West, described as follows, to -wit: Beginning at a point in the west line of said Section Twenty -Nine (29), said point being nineteen hundred ninety-four and five tenths (1994.5) feet, measured north along the west line of said Section twenty-nine (29) from the southwest corner of said Section; thence running north along the west line of said Section Twenty-nine (29), five hundred thirty-six (536) feet, more or less, to the center of the Richmond-Williamburg Pike; thence southeastwardly along the center of said Richmond -Williamsburg Pike, to the westerly right-of-way line of the Pennsylvania Railroad; thence southwardly along the said westerly right-of-way line Four Hundred Ninety-three and Fifty-nine Hundredths (493.59) feet, more or less, to ORDINANCE NO. 35-1988 Page 3 a point due east of the place of beginning; thence west parallel with the south line of said Section Twenty-nine (29), one hundred fifty-seven and six tenths (157.6) feet to the place of beginning. Subject to easements for public highways, being a strip of land thirty (30) feet in width along the entire west side, and a strip thiry (30) feet in width along the entire north side of the land herein described. FURTHER EXCEPTING THEREFROM: A part of the southwest Quarter of Section twenty-nine (29), Township Fourteen (14) North, Range One (1) West 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 twenty-nine (29), said point being one thousand eight hundred one and nine tenths (1801.9) feet north of the southwest corner thereof, and running thence, from said beginning point east one hundred eighty-one and ninety-five hundredths (181.95) feet, more or less, to the west right-of-way line of Pennsylvania Railroad; thence northwardly along said west right-of-way line one hundred forty-one and four tenths (141.4) feet, more or less, to the southeast corner of a tract of land owned by the City of Richmond; thence west on the south line of said tract, one hundred sixty-four and three tenths (164.3) feet to the west line of said quarter; thence south on said west line one hundred thirty-nine and six tenths (139.6) feet to the place of beginning, containing an area of fifty-five hundreds (0.55) acres, more or less. Subject to easement for public highway, being a strip of land 30 feet in width along the entire west side of the land herein -above described. SECTION 2. That as provided in Article 33 and 48 of Chapter 154 of the Municipal Code, the Following described use of the above described real estate is allowed as a Self -Service Retail Gasoline Service Station. SECTION 3. As a condition of being granted the Special Use and as an additional restriction on said use, the following requirements shall hereafter and at all times be met by the owner of said real estate. a. The Site Plan and narrative regardig the design and characteristics of the Special Use shall be marked Exhibit "A" and be made a part of this Ordinance. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval as by law required. ORDINANCE 35-1988 Page 4 PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this day o 1988 President of Common Council ATTEST: �iit4 City C er PRESENTED by me to the Mayor of the City of Richmond, Indiana, this 7 et day of 1988. APPROVED by me, Frank Waltermann, Mayor of the City of Richmond, Indiana, this 7 rc day of ,1988. Mayor ATTEST::, City erk