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HomeMy Public PortalAbout012-1992 - AMENDING 154 KNOWN AS ZONING ORDINANCEORDINANCE NO. 12-1992 - (2nd Reading Amendment) A SPECIAL ORDINANCE AMENDING CHAPTER 154 OF THE RICHMOND CODE, COMMONLY KNOWN AS THE ZONING ORDINANCE WHEREAS, the Zoning Map designates the 5300 block of Old National Road, Richmond, Indiana, as R-4 Multi -Family Residence District, and WHEREAS, it is desirable to change the zoning district to M-1 Light Industrial District for said area, NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the zoning classification of the area more particularly described in attached Exhibit A is hereby changed to M-1 Light Industrial District. PASSED AND ADOPTED this/8th day of May, 1992, by the Common Council of the City of Richmond, Indiana. sident (HoZr lstro) ATTEST. o...o City Clerk (Norma Carnes) PRESENTED to the Mayor of the City of Richmond, Indiana, this/f th day of May, 1992, at 9:00 a.m. A�' r'. _M L , City Clerk (Norma Carnes) APPROVED by me, Roger Cornett, Mayor of theAN of cl�i d, Indiana, this/f l day of May, 1992, at 9:05 a.m. r Mayor Moleer Cornett) ATTEST. , City Clerk (Norma Carnes) Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com) EXHIBIT "A" Being a part of the Northeast Quarter of Section 2 and the Northwest Quarter of Section 1, both being in Township 13 North, Range 1 West, and a part of the Southeast Quarter of Section 35 and the Southwest Quarter of Section 36, both being in Township 14 North, Range 1 West in the City of Richmond and in Wayne Township, Wayne County, Indiana, and being more particularly described as follow$: Beginning at a point in the south line of the Northeast Quarter of said Section 2, said.point being 16.50 feet, north 89 degrees, 50 minutes and 00 seconds west of a marked stone found at the southeast corner of said Northeast Quarter, and running thence from said beginning point, north 00 degrees, 47 minutes and 00 seconds east, parallel to the east line of said Northeast Quarter, '330.00 feet; thence south 89 degrees, 50 minutes and 00 seconds east, parallel to the south line of said Northeast Quarter, 4.50 feet; thence north 00 degrees, 47 minutes and 00 seconds east, parallel to the east line of said Northeast Quarter 2302.73 feet to a point on the north line of said Northeast Quarter; thence north 00 degrees, 56 minutes and 38 seconds east entering the Southeast Quarter of said Section 35, 19.53 feet; thence north 83 degrees. 56 minutes and 38 seconds east and entering the Southwest Quarter of said Section 36, 896.43 feet; thence north 79 degrees, 47 minutes and 38 seconds east, 353.00 feet; thence north 40 degrees, 33 minutes and 11 seconds west, 318.66 feet; thence south 79 degrees, 47 minutes and 38 seconds west, 192.00 feet; thence north 10 degrees, 12 minutes and 22 seconds west, 300.39 feet to a point in the centerline of Old United States Highway Number 40; thence south 74 degrees, 14 minutes and 00 seconds east, along said centerline, 318.94 feet; thence south 73 degrees, 59 minutes and 00 seconds east, along said centerline, 816.22 feet; thence south 16 degrees, 08 minutes and 55 seconds west, 184.79 feet; thence south 73 degrees, 21 minutes and 30 seconds east, 247.47 feet to a point; thence south 00 degrees, 49 minutes and 40 seconds west, and entering the Northwest Quarter of said Section 1, 287.02 feet; thence south 00 degrees, 49 minutes and 00 seconds west, 2471.92 feet to a point in the south line of said Northwest Quarter; thence north 89 degrees,-50 minutes and 00 seconds west, along the south line of said Northwest Quarter, and entering the Northeast Quarter of said Section 2, 2068.10 feet to the place of beginning, containing an area of 137.555 acres. Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com) 005621 Bou 197 EAGE871 9214 Ail 10: C 8 WAYt.c cl1ti�7 1 r �. I, ft RESTRICTIONS AND CONDITIONS AFFECTING USE OF REAL ESTATE The undersigned, RICHMOND INDUSTRIAL CENTER, INC. ("Owner"), is the owner of certain real estate in the City of Richmond, and in Wayne Township, Wayne County, Indiana, more particularly described as follows: Being a part of the Northeast Quarter of Section 2 and the Northwest Quarter of Section 1, both being in Township 13 North, Range I West, and a part of the Southeast Quarter of Section 35 and the Southwest Quarter of Section 36, both being in Township 14-North, Range 1 West in the City of Richmond and in Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at a point in the south line of the Northeast Quarter of said Section 2, said point being 16.50 feet, north 89 degrees, 50 minutes and 00 seconds west of a marked stone found at the southeast corner of said Northeast Quarter, and running thence from said beginning point, north 00 degrees, 47 minutes and 00 seconds east, parallel to the east line of said Northeast Quarter, 330.00 feet; thence south 89 degrees, 50 minutes and 00 seconds east, parallel to the south line of said Northeast Quarter, 4.50 feet; thence north 00 degrees, 47 minutes and 00 seconds east, parallel to the east line of said Northeast Quarter 2302.73 feet to a point on the north line of said Northeast Quarter; thence north 00 degrees, 56 minutes and 38 seconds east entering the Southeast Quarter of said Section 35, 19.53 feet; thence north 83 degrees, 56 minutes and 38 seconds east and entering the Southwest Quarter of said Section 36, 896.43 feet; thence north 79 degrees, 47 minutes and 38 seconds east, 353.00 feet; thence north 40 degrees, 33 minutes and 11 seconds west, 318.66 feet; thence south 79 degrees, 47 minutes and 38 seconds west, 192.00 feet; thence north 10 degrees, 12 minutes and 22 seconds west, 300.39 feet to a point in the centerline of Old United States Highway Number 40; thence south 74 degrees, 14 minutes and 00 seconds east, along said centerline, 318.94 feet; thence south 73 degrees, 59 minutes and 00 seconds east, along said centerline, 816.22 feet; thence south 16 degrees, 08 minutes and 55 seconds west, 184.79 feet; thence south 73 degrees, 21 minutes and 30 seconds east, 247.47 feet to a point; thence south 00 degrees, 49 minutes and 40 seconds west, and entering the Northwest Quarter of said Section 1, 287.02 feet; thence south 00 degrees, 49 minutes and 00 seconds west, 2471.92 feet to a point in the south line of said Northwest Quarter; thence north 89 degrees, 50 minutes and 00 seconds west, along the south line of said Northwest Quarter, and entering the Northeast Quarter of said Section 2, 2068.10 feet to the place of beginning, containing an area of 137.555 acres. SUBJECT TO: Any easements of record.V-N Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com) Boa 197PAGES72 -2- WHEREAS, it is the intention of Owner to impose certain restrictions and conditions on Owner and, its successors in title to all or any part of the foregoing real estate. NOW, THEREFORE, said Owner hereby establishes the following restrictions and conditions which shall apply in the future to such part of the foregoing real estate which is ever used under an M-1 classification as that term is defined under the Zoning Ordinance of the City of Richmond as in full force and effect as of the date hereof. The purchasers of said real estate, or any parts thereof, by acceptance of conveyances thereof, do covenant and agree to hold the title to said real estate subject to the following restrictions and conditions: 1. Water Rechar e - That for each separate industry which shall locate in the acreage escribed above, said industry shall provide for and maintain a green area ("green area") of at least fifteen (15) percent of the total lot which is acquired and developed, provided that the plans for said building provide for a direct recharge of rainwater into he ground he water harge shall be approved Plan system, and said plan for water rec Director for the Richmond Planning and Redevelopment Department (Plan Director). In the event that said plans do not provide for said recharge of rainwater, or the plans for accomplishing the same are not approved by the Plan Director, the minimum green area for each separate industry of hich tthe otal hall locate in the area shall be a minimum of thirty (30) percent lot area. Provided further, that the green area shdescribed la ovedscapeeither fifteen (15) percent or thirty(30) percent d in accordance with Condition 2 of this Section. 2. Landsca in - That for each separate industry which locates in the area described ove, said industry shall provide for and maintain a green area consisting of trees, grass, shrubbery, and other landscaping techniques or devices. The developer shall submit a land atig plan for an to said Planning and Redevelopment Department with the app ic Improvement Location. Permit, and said plan shall be approved by the Plan Director prior to the issueof an shall depict Improvement thetype, location andrsize Furthermore, the 'landscaping plan of such landscaping and shall include- any other information as deemed necessary bythe Plan Director. Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com) Boo 197PAGE873 - 3 - 3. Utilities - All utilities, such as telephone lines and cables and other lines o .communication except electrical power lines shall be placed underground. 4. That for all paved surfaces for vehicular use, the following standards shall be applied: a. Interior roadways (non -dedicated or driveways) shall have. a maximum width of thirty-two (32) feet and shall be paved and well maintained. b. All parking areas shall be paved, marked, well maintained and a minimum of five (5) percent of such parking areas shall be landscaped, and such parking -area landscaping shall be shown on the landscaping plan. all c. All paved �nwater frompt for those paved dedicated eas right-of-ways offhontoba graded so that ray green area. 5. That for all outside storage associated with industrial uses, the following standards shall apply: a. All uses, except storage and loading, shall be conducted entirely within an enclosed building. Outdoor storage of merchandise, material and. equipment is permitted in any required interior side or rear yard, provided the storage area is effectively screened by walls, hedges, fences or buildings, or a combination thereof. Walls or fences shall be solid and not less than six (6) feet in height and, provided further, that no merchandise, material or equipment shall be stored to a height greater than any adjacent wall, fence or building. b. Materials or substances in whole or in part which could leach or diffuse by rain or wind into the subsurface soils either directly or indirectly shall only be permitted to be stored outside on paved areas or in wind resistant containers effectively designed so that said leaching or diffusing of said materials or substances does not occur. 6. That no loading docks and loading zones shall be located on the frnt of ofo otrucks and buildin unless all the princ ipaln structure. the storage 7. That all' fences of a security nature shall be a maximum height of eight (8) feet except as authorized by the Richmond Board of Zoning Appeals and that dthesuse houes �of such guardhouses ay be located in e s limited only front of the ptonthe pnsecurityof P Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com) aD©'i( 197 PAGES%4- -4- the area. 8. That no industries locating in the area be permitted to construct or to cause to be constructed any underground storage tanks, unless the same is constructed above the free -water table and said construction shall be in accordance with the standards of the State of Indiana. The location and standards of the same are -to be certified to by a registered engineer or architect, licensed by the State of Indiana. 9. That the manufacturing, compounding, processing, and/or assembling' of insecticides, acids, disinfectants, radioactive materials, coke or gas, metal electroplating exclusively, paper pulp, or the tanning of hides or the rendering of animals shall be prohibited. 10. A fifty (50) foot buffer strip is to be created along the entire west boundary and along the north boundary between Parc Lorraine Cooperative, Inc., Independent Living Alternatives, Inc., as well as the residential property owned by Paul R. Johnson and Betty J. Johnson, husband and wife. Such area is to be landscaped with grass, trees, bushes and other plantings suitable to the Plan Director. Such 50 foot buffer strip may be used as a part of the required set -back for building purposes. 11. If Owner or any subsequent owner of any part of the foregoing real estate violates or attempts to violate any of the restrictions or conditions herein contained, then it shall be lawful for the Plan Director, or any other person owning a part of the foregoing real estate, to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of the restrictions or conditions herein contained and either to enjoin or recover damages for such violation. 12. Invalidation of any one of these restrictions or conditions by judgment or court order shall in nowise affect any of the other provisions which shall remain in full force and effect. 13. The foregoing restrictions and conditions shall apply only where the intended or actual use of the foregoing real estate or a part thereof comes within an M-1 classification. A less restrictive intended or actual use of said real estate or a part thereof shall not be subject in the all restrictive provisions hereof, except that paragraph 3 shall apply instances. IN WITNESS WHEREOF, this document has been duly executed this /3 day of May, 1992. Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com) BOOK A7 PAGER-75 RICHMOND INDUSTRIAL,. CENTER, INC- Bye/ !r` Donal E. Mere ith, President 0orgR. Rell r, ecretary "OWNER" STATE OF INDIANA, COUNTY OF WAYNE, S5; Before me, the undersigned, a Notary Public in and for said County and State, this day of May, 1992, came Donald E. Meredith and George R. Reller, President and Secretary respectively, of Richmond Industrial Center, Inc., an Indiana corporation, and for and on behalf of said corporation acknowledged the execution of the foregoing restrictions and conditions. µWITNESS My hand and notarial seal. Betty I.�aksNotary Public Resident of Wayne County, Indiana 1 My.coaWssion expires: August 30, 1992 This instrument prepared by George R. Reller, Attorney at Law RECORDED MAY # 4 1992 fj�bLlf: h zi;AITH R.W.L. Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com) DISPOSITION OF ORDINANCE NO. JZ- .199 7- RESOLUTION NO. -199� by Common Council Ordinance No. Resolution No. Elstro Lundy Brookbank Donat McBride Parker Dickman Allen Hutton Date l(p Susp. rules Ist read Title only --------------- ------ / ---✓------ Seconded ----- -------- i✓ ------ ------------------------- Proof of Publicaton Seconded ----- ----- -------- ------ -------- ------ --------- Move to 2nd read Seconded -- ----- -------- ------ - Engrossment Seconded ---- ---- -------- ---- ------- ----- ---- ! - V Susp rules 3rd read Seconded ---------- ------------- ----- ------- ----- -------- Passage ✓ ✓ ------ ---O R- ------ ---------- -------------- ----- --------- ---- --------- Rejection Date Passed May (3 l ` � 2 Z- COMMITTEEASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: Create PDF files without this message by purchasing novaPDF printer (ht .//www.novapdf.com)