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HomeMy Public PortalAbout012-1988- ZONING - 275 FT WAYNE AVENUEAMENDED GENERAL ORDINANCE NO. 12-1988 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, INDIANA PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 275 FT. WAYNE AVENUE FROM M-1 LIGHT INDUSTRIAL DISTRICT TO M-1 SU LIGHT INDUSTRIAL SPECIAL USE DISTRICT AND AUTHORIZING THE SPECIAL USE OF SAID PROPERTY FOR THE RECYCLING OF CARDBOARD. WHEREAS, the Zoning Map which is a part of Ordinance No. 2325-1968 designates and describes as M-1 Light Industrial District the property located at 275 Ft. Wayne Avenue; and, WHEREAS, it is the intent and purpose hereof to change the zoning classification of said property from M-1 Light Industrial District to M-1 SU Light Industrial Special Use District, and to authorize the Special Use of said property for the recycling of cardboard; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the dj,& c( day of -%a Ae,/ , 1988, at which time remonstrances were heard from all parties interested in or affected by this Ordinance; and, WHEREAS, the vote of the Richmond City Plan Commission was to a in favor of Aj=r recommending the passage of Ordinance No. 12-1988. 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 M-1 SU Light Industrial 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. TRACT NO. 1: All that Parcel of land situate in the City of Richmond, County of Wayne and State of Indiana, bounded and described, according to a Plan of a survey made by John E. Beals, dated May 26, 1977, as follows; VIZ: BEGINNING at the intersection of the south line of North F Street with the centerline of vacated North loth Street, said point being 22.52 feet West, and 55.65 feet South 10 degrees East of the intersection of the east line of North loth Street with the north line of North F Street, and running thence, from said beginning point, east along the south line of said North F Street, (assuming that said south line runs east and west), 40.62 feet to an iron pipe set on the east line of vacated North 10th Street; thence South 10 degrees 00 minutes East, along said east line, 109.78 feet to an iron pipe set in a fence line; thence east, along said fence; and parallel to the south line of said North F Street, 230.15 feet to a fence corner post; thence south 00 degrees 31 minutes 40 seconds West, along said fence line, 110.69 feet to a corner post; thence South 82 degrees 35 minutes 40 seconds East, along said fence, and the Eastward extension thereof, 164.54 feet to an iron pipe set; thence south 21 degrees 01 minutes 20 seconds West, 55.86 feet to an iron pipe set; thence South 84 degrees 23 minutes 00 seconds West, 416.03 feet to a point in the centerline of vacated North 10th Street; thence north, along said centerline, 132.53 feet; thence North 10 degrees 00 minutes West, along said centerline, 207.16 feet to the place of beginning. CONTAINING an area of 1.651 acres or 71,935.08 square feet, more or less. EXCEPTING THEREFROM: Being a part of the Southwest Quarter of Section 33, Township 14 North, Range 1 West in the City of Richmond, Indiana, and being more particularly described as follows: Beginning at a point, said point being more particularly described as follows: Commencing at the point of intersection of the north line of North F Street with the east line of North 10th Street, and running thence, west, 22.52 feet; thence south 10 degrees east, 55.85 feet to a point in line with the south line of North F Street; thence east, along the extension of said south line and along the south line of North F Street, 244.88 feet; thence South 108.11 feet to the beginning point of this description; and running thence, from said beginning point, east, parallel to the south line of North F Street, 44.95 feet; thence south 0 degrees 31 minutes and 40 seconds west, 110.69 feet; thence south 82 degrees, 35 minutes and 40 seconds east, 164.54 feet; thence south 2 degrees, 01 minutes and 20 seconds west, 55.36 feet; thence south 84 degrees, 23 minutes and 00 seconds west, 206.13 feet; thence north 207.39 feet to the place of beginning an area of 0.483 acres, (21.053.060 sq.ft.). ALSO: Being a part of the Southwest Quarter of Section 33, Township 14 North, Range 1 West in the City of Richmond, Indiana, and being more particularly described as follows: Beginning at the point of intersection of the south line of North F Street and the east line of vacated North loth Street, said point being more particularly described as follows: Commencing at the point of intersection of north line of North F Street with the east line of North 10th Street, and running thence, west, 22.52 feet; thence south 10 degrees east, 55.85 feet to a point in line with the south line of North F Street; thence east, along the extension of the south line of North F Street, 40.62 feet to the beginning point of this description; and running thence, east, along said south line, 204.26feet; thence south 108.11 feet; thence west, parallel to the south line of North F Street, 185.20 feet to a point on the east line of said vacated North loth Street; thence north 10 degrees west, along said east line 109.78 feet to the place of beginning, containing an area of 0.483 acres (21.052.407 square feet). TRACT NO. 2: Lots Numbered 1, 2, 3, 4, 5, 6 and 7 in Waldron and Pittman's Addition to the City of Richmond, Indiana. Also 10 feet in width off a certain vacated alley adjoining to and extending along the north ends of said Lots 1, 2, 3, 4, and 5. Also 25 feet in width adjoining to and extending along the north side of said vacated alley said 25 feet in width being vacated Poole Street. EXCEPTING HOWEVER, from said above lots 5, 6 and 7 the real estate condemned and appropriated by the State of Indiana by judgement of Wayne Circuit Court dated July 25, 1952 in Cause No. 37635. -2- ALSO, Tract No. 102 of Official Map of the city of Richmond, Indiana. ALSO, being a part of Tract No. One Hundred Two (102) of the Official Map of the City of Richmond, Indiana, also, part of Lots Numbered One (1) and Two (2) in Waldron and Pittman's Addition to the City of Richmond, Indiana, also, part of a certain ten (10) food wide vacated alley lying between said Tract No. One Hundred Two (102) and said Waldron and Pittman's Addition, and also, part of vacated North loth Street adjoining to and lying east of said Tract No. One Hundred Two (102), all being more particularly described as follows,: Beginning at a point on the south line of North F Street in said City of Richmond, Indiana, said point being south one (1) degree fifty-five (55), minutes west (assuming that North F Street runs east -west), a distance of forty-five and three hundredths (45.03) feet from an iron monument found at the intersection of lines five (5) feet south of the north line of North F Street and five (5) feet west of the east line oif North loth Street; thence, from said beginning point, continue south one (1) degree fifty-five (55) minutes west a distance of two hundred forty-eight and ten hundredths (248.10) feet to an iron rod; thence west sixty-three and eighty-one hundredths (63.81) feet to an iron rod; thence north zero (0) degrees twenty-eight (28) minutes west a distance of eighty-two and zero hundredths (82.00) feet to a point five tenths (0.5) foot south of the south wall of an existing brick building on said Tract No. One Hundred Two (102); thence running parallel with said south wall and five tenths (0.5) foot south of said wall north eighty-nine (89) degrees twenty-seven (27) minutes west a distance of ninety-nine and three hundredths (99.03) feet to the south line of Fort Wayne Avenue and north line of said Tract No. One Hundred Two (102); thence along the south line of said Fort Wayne Avenue north forty-four (44) degrees ten (10) minutes east a distance of two hundred thirty and one hundredth (230.01) feet to the intersection of the said south line of Fort Wayne Avenue and the south line of said North F Street; thence along said south line of North F Street east a distance of eleven and fifty-two hundredths (11.52) feet to the place of beginning. ALSO 40 feet in width off of vacated North 10th Street and adjoining to and extending along the east end of Lot No. 1 of Waldron and Pittman's Addition to the City of Richmond, and said Tract No. 102 of Official Map of the City of Richmond, Indiana. EXCEPTING, HOWEVER, from said 40 feet in width of vacated 10th Street the real estate heretofore conveyed by Sam Jaffe and Eva Jaffe, his wife, to the Pennsylvania Railroad. A part of the westerly half of vacated North loth Street, adjacent to the east line of Lot No. 1 in Waldron's and Pittman's Addition, in the City of Richmond, Indiana, the tract of land hereby conveyed being described as follows: Beginning at the southeast corner of said Lot No. 1 and being in the west line of said vacated North loth Street and running thence east, along the south line of said Lot No. 1, extended eastwardly, 40 feet to the centerline of said vacated North 10th Street; thence North, along the centerline of said vacated North loth Street, 16.14 feet; thence southwestwardly, 40.40 feet, -3- more or less, to a point in the east line of said Lot No. 1 and the west line of said vacated North loth Street, 10.54 feet north of the place of beginning; thence south along the east line of said Lot No. 1, 10.54 feet to the place of beginning. ALSO, the following described heretofore conveyed by Pennsylvania Railroad to Sam Jaffe and Eva Jaffe, his wife, to -wit: A tract of land which is a part of the easterly half of vacated North loth Street between the south line of Waldron's and Pittman's Addition, extended eastwardly, and North F Street, said tract of land being more particularly described as follows: Beginning on the centerline of said vacated North loth Street 16.14 feet north of the south line of said Waldron's and Pittman's Addition, extended eastwardly, and running thence northeastwardlyl.42 feet, more or less, on a line extended from a point in the west line of said vacated North 10th Street, 10.54 feet north of the south line of said Addition, to the easterly line of a concrete wall; thence northeastwardly along the easterly side of said concrete wall, 109.20 feet, more or less, to an angle in said concrete wall 35.17 feet west of the east line of said vacated North loth Street; thence northwestwardly, along the easterly side of said concrete wall, 11.43 feet, more or less, to a point in the centerline of said vacated North loth Street, 120 feet north of the place of beginning; thence south, along the center line of said vacated North loth Street, 120 feet to the place of beginning. SECTION 2. That as provided in Articles 34 and 48 of Chapter 154 of the Municipal Code, the following described use of the above described real estate is allowed as a Special Use as a cardboard recycling establishment. 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 Special Use site plan and narrative submitted in the Special Use Petition shall be marked Exhibit "A" and made a part of this Ordinance. b. All storage of material and all processes and operations associated with the cardboard recycling establishment shall occur and be conducted within a completely enclosed structure or building. c. All appropriate screening be installed on the north, west and south sides. SECTION 4. This Ordinance shall be in full force and effect from and after the passage and approval as by law required. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this day of 1988. P'r sident/f Commo�ei Council ATTEST -4- PRESENTED by me to the Mayor of the City of Richmond, Indiana, this 7a day of � 1988. /A .� City I - APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this L day of Q&J'-z , 1988. wo, I r psa ATTEST City C erk -5- CITY PLAN COMMISSION RICHMOND, INDIANA March 31, 1988 Mrs. Lynn Morris, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 12-1988 Plan Commission Case PC-88-2 Dear Mrs. Morris, Members of Common Council and Mrs. Merchanthouse: The Richmond City Plan Commission conducted a public hearing on Tuesday, March 22, 1988, on the petition of Rumpke of Indiana, owner, requesting to rezone property located at 275 Ft. Wayne Avenue from M=1 Light Industrial District to M-1 SU Light Industrial Special Use District, and also requesting Special Use Authorization for a cardboard re- cycling operation. Five (5) notices of public hearing were sent to the surround- ing residents with none returned. During the public hearing no one spoke in opposition to the petition. Rumpke of Indiana has purchased the former Jaffe Scrap Yard property and has established a refuse hauling establishment which includes a truck parking and a truck garage. Prior to Rumpke's use, the Jaffe property was utilized as a legally non -conforming junk hard. The Rumpke use of the property eliminates the property's non -conforming status as such use conforms to the M-1 District regulation. Rumpke now desires to expand the scope of their operation to include the recycling of cardboard. Such use would be per- mitted in the M-1 District only through Special Use rezoning. In making its recommendation to Common Council, the Plan Commission considered the following: 1) The proposed cardboard recycling operation will be conducted completely inside a building. 2) Rumpke has cleaned up the property that was formerly an eyesore. 3) Rumpke is willing to provide landscaping or fencing along its property line to shield the use from adjoining property.