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HomeMy WebLinkAboutOrdinances Book 16, Page 363, No Resolution Number363 / A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDED DECLARATION OF THE RESTRICTIVE COVENANTS FOR THE TYLER PARK, URBAN RENEWAL PROJECT KY. R-15 BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor and City Clerk be, and they are hereby, authorized to execute an amended Declaration of Restrictive Covenants for the Tyler Park, Urban Renewal Project Ky. R-15, in words and figures as follows: AMENDED DECLARATION OF RESTRICTIVE COVENANTS TYLER PARK URBAN RENEWAL PROJECT, KY. R-15 "THIS AMENDED DECLARATION OF RESTRICTIVE COVENANTS made and entered into as of the day of , 1967, by and between the URBAN RENEWAL AND COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF PADUCAH, KENTUCKY a public body, corporate and politic, created and acting pursuant to K.R.S. Chapter 99, hereinafter called "Agency", the CITY OF PADUCAH, a municipal corporation of Kentucky , hereinafter called "City", the PADUCAH PLANNING COMMISSION, a public body, politic and corporate created and acting pursuant to K.R.S. Chapter 100, hereinafter called "Planning Commission, and the PADUCAH GRADED MILK PRODUCTS ASSOCIATION, INC., a Kentucky corporation of Paducah, Kentucky, VALLEY ROAD INVESTMENT COMPANY, INC., a Kentucky corporation of Paducah, Kentucky" INTERCO INCORPORATED, a Delaware corporation of St Louis, Missouri;'NARVEL BROWN b/d/a ALUMA-KRAFT SALES AND MANUFACTURING COMPANY, and CROUNSE CORPORATION, a Kentucky corporation of Paducah, Kentucky, hereinafter called "Owners". WITNESSETH• "WHEREAS, the Agency placed certain restrictive covenants upon real property in an area within the City of Paducah, Kentucky known as the "Tyler Park Urban Renewal Project, Ky. R-15" by a written 'Declaration of Restrictive Covenants', dated July 1, 1963 and recorded in Deed Book 446, page 121 in the McCracken County Court Clerk's office, and "WHEREAS, since the recording of the aforesaid 'Declaration of Restric tive Covenants' in the office of the McCracken County Court Clerk, the Owners have purchased or have contracted to purchase certain tracts of re1 property within said urban renewal project area, and "WHEREAS, ARTICLE VI of the aforesaid 'Declaration of Restrictive Covenants', entitled 'Duration and Amendment of Covenants' provides that the conditions, restrictions, and reservations, therein set forth may be amended by the Agency if such amendments are approved by the Planning Commission, the City, and the Owners of the land in the urban renewal project area at the time that said amendment is made, and "WHEREAS, the Agency, the City, the Planning Commission, and the Owners deem it desirable and to their interests and to the best interest and general welfare of the public that the aforesaid 'Declaration of Restrictive Covenants' be amended: "NOW THEREFORE, for and in consideration of the parties respective owner ships and interests in the real property located in the Ryler Park Urban Ren Project, Ky.R-15, and the development thereof, both for their own rights and also for the purpose of protecting the interests of the community and any of parties, public or private, in whose favor or for whose benefit the restrict covenants are provided, the said parties hereby declare as follows: SECTION 1. The 'Declaration of Restrictive Covenants' dated nlY 1, 1963 an( recorded in Deed Book 446, page 121 in the McCracken County Court Clerk's ofi are hereby amended by deleting all the terms, conditions, reservationa and ra trictions set out in ARTICLE IV thereof entitled 'Special Restrictions', and substituting in lieu thereof the following: ARTICLE IV - SPECIAL RESTRICTIONS 1. Light- industrial use shall be the only use permitted in that part of the Project Area designated in the area described in Article II. The basic fact( designating a use as permissible within the planned industrial park will be e determination by the Urban Renewal and Community Development Agency of Paducz Kentucky, that the proposed use will not destroy or detract from the general character of the existing development within the Tyler Park Project and that the proposed use will conform with the following performance standards: a. Smoke - The requirements of the Air Pollution Control District of McCracken County. b. Particulate Matter - The requirements of the Air Pollution Control District of McCracken County. c. Odor - No activity or operation shall permit odors to be released which are detectable at a R Zone boundary line and which offensively affect the sense of smell. d. Toxic Material - The emission of toxic and noxious materials shall not produce concentrations exceeding 10% of threshold limit values for toxic materials in industry as set forth in 'Threshold Limit Values 364 1 365 for the current year as adopted at the annual meeting of the American Conference of Governmental Industrial Hygienists, at a zone boundary line. e. Glare - All artificial light sources shall be shielded so as to prevent direct rays of light from crossing a zone boundary line. f. Vibration - Any industrial operation or activity which shall cause at any time and at any point along the nearest adjacent lot line, earthborne vibrations in excess of the limits set forth in Column I (below are prohibited. In addition, any industrial operation dr activity which shall cause at any time and at any point along a zone boundary line, earthborne vibrations in excess of the limits set forth in Column II are prohibited. Vibrations shall be expressed as resultant displacement in inches. Frequency Displacement Displacement (cycles per second) (Inches) (Inches) Below 10 .0008 .0004 uuU7 .0002 20 to 30 .0002 .0001 30 to 40 .0002 .0001 40 and over .0001 .0001 This tabulation is for steady state vibration; this is defined as continuous vibration in contrast to discrete pulses. Impact vibration, that is, discrete pulses which do not exceed 100 impulses per minute, shall not produce in excess of twice (2 times) the displacement stipulated above. g. Noise - At no point either on the boundary of the zone or at 125 feet from the property line of the plant or operation, whichever distance is greater, shall the sound pressure level of any operation of plant (other than background noises produced by sources not under control of these covenants, such as the operation of motor vehicles or other transportation facilities) exceed the decibel limits in the octave bands designated below. 366 Octave Band Frequency (Cycles Per Second) 0 to 75 75 to 150 150 to 300 300 to 600 600 to 1200 1200 to 2400 2400 to 4800 Maximum Permitted Sound Leven In Decibels Along Residence District Boundaries or 125 feet From Plant or Operation Lot Line 67 Maximum Permitted Sounc Level of Decibels Alon< Business District Boundaries or 125 feet From Plant or Operatior Lot Line 73 68 Above 4800 37 43 Sound levels shall be measured with a sound -level meter and associated octave band filter, manufactured and calibrated according to standards prescribed by the American Standards Association. Measurements shall be made using the flat or C network of the sound level meter and the fast meter movement of the octave band analyzer. Impulsive type noises shall be subject to the performance standards hereinafter prescribed provided that such noises shall be capable of being accurately measured with such equipment. Noises capable of being so measured, shall be those noises which cause rapid fluctations of the needle of the sound level meter with a variation of no more than plus or minus two (2) decibels. Noises incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses. h. Fire Hazards - The storage, utilization or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted. The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted provided the following condition is met: i Said materials or products shall be stored, utilized or manufactured within complete enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system. The storage, utilization or manufacture of flammable liquids or gases which produce flammable or explosive vapors, shall be permitted in accordance with Table A (exclusive of storage of finished products in original sealed containers). 367 TABLE A TOTAL CAPACITY OF FLAMMABLE MATERIALS PERMITTED, GALLONS* Industries Engaged in Storage and Distribution of Above Under Such Materials Ground Ground Materials having a flash point above 190 degrees Fahrenheit ..................................... Prohibited 100,000 From and including 105 degrees Fahrenheit to and including 190 degrees Fahrenheit ........... Prohibited 40,000 Materials having a flash point below 105 degrees Fahrenheit ............................. Prohibited 20,000 Industries Engaged in Utilization and Manufacture of Such Materials Materials having a flash point above 190 degrees Fahrenheit ..................................... 10,000 50,000 From and including 105 degrees Fahrenheit to and including 190 degrees Fahrenheit ............... 1,000 20,000 Materials having a flashpoint below 105 degrees Fahrenheit ..................................... 500 10,000 *When flammable gases are stored, utilized or manufactured and measured in cubic feet, the quantity in cubis feet (at S.T.P.) permitted shall not exceed 300 times the quantities listed above. i. water Pollution - No industrial operation or activity shall discharge, or cause to be discharged, liquid or solid waste into public waters unless in conformance with the Provisions of the Kentucky Revised Statutes and any regulations promulgated thereunder. Plans and specifications for proposed sewage and industrial waste treatment and disposal facilities shall be submitted to and approval obtained from the State Board of Health of the State of Kentucky. "2. No part of the project area shall be used for residential develop- ment, nor shall any part of the Project Area be used for the development of motels, hotels or any other transient use. SECTION 2. The land in the Tyler Park Urban Renewal Project, Ky. R-15 in Paducah, McCracken County, Kentucky is and shall be held, transferred, sold, conveyed and occupied, subject to the conditions, restrictions and reservations set out in this amendment and the same are hereby declared to be covenants running with the land and shall, except as'otherwise stipulated, be binding upon the parties and all subsequentpurchasers, owners, lessees and successors in interest until the 1st day of January, 1980. 368 SECTION 3. That all other terms, conditions, restrictions, reservations, paragraphs, provisions, and easements contained in the original 'Declaration of Restrictive Covenants', dated July 1, 1963 and of record in Deed Book 446, page 121 in the McCracken County Court Clerk's office shall remain and continue in full force and effect, and shall be applicable to the amendment herein declared and approved. SECTION 2: This Resolution shall be in full force and effect from and after its adoption. Mayor Passed by the Board of Commissioners November 14, 1967 Recorded by Sarah Thurman, City Clerk, November 14, 1967.