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HomeMy WebLinkAbout2007-OR-73 -, STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE NO. 2007-0R-$ AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN PARCEL OF PROPERTY DESCRIBED AS BEING PART OF LOT NO. 118 OF CATHERINE M. HOPKINS SUBDIVISION AS SHOWN ON PLAT BOOK 3, PAGE 71 IN SURVEY NO.3 OF THE ILLINOIS GRANT, CLARK COUNTY, INDIANA FROM R1: LOW DENSITY RESIDENTIAL TO M2: MULTIFAMILY RESIDENTIAL. Whereas, Ashvin, LLC and Rekha, LLC have filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property described in the attached "Exhibit "A" from Rl: Low Density Residential to M2: Multifamily Residential; and Whereas, on September 25, 2007 the Jeffersonville Plan Commission has certified to the Council a favorable recommendation including the conditions (1) that the condominium building be only two stories in height plus the first floor parking area and (2) that the developer will provide a written commitment for the 1.3 acres of greenspace for residential use concerning the proposed change to the City's zoning map; and, Whereas, this matter is now before the Common Council at its regular meeting after certification of the proposed change of zoning map designation pursuant to the provisions ofLC. 36-7-4-608(f)(1); and, Whereas, this Common Council has timely posted notice of its intent to consider the proposed change of zoning map designation at the regular meeting scheduled for November 19,2007 at 7:30 o'clock p.m.; and, Whereas, all interested persons having been given an opportunity to appear before this Common Council and be heard regarding this matter as required by law. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Jeffersonville, Indiana, that the zoning designation of the real property described in the attached "Exhibit "A" is hereby changed from Rl: Low Density Residential to M2: Multifamily Residential. IT IS FURTHER ORDAINED that the zoning map of the City of Jeffersonville shall be amended to include such change. This ordinance shall be in full force and effect upon its adoption. SO ORDAINED this j q day of -'1 ~ 2007. COMMO THE CIT INDIAN ILLE, By: ATTEST: o~ ~LV Pegg1 Ider Clerk- Treasurer Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this _ day of 2007. ~ fLldEw Pegg i] . er Clerk- Treasurer , , PARCEL I DESCRIPTION OF PROPERTY "M2" ZONING AREA Commencing at the north corner of said Lot No. 118, being in the centerline of Market Street; thence along the northeast line of said Lot, South 400 East, 25.60 feet to the original southeast right-of-way line of said Market Street; thence along said right-of-way line, South 62042' West, 1366.70 feet to a limestone monument; thence South 27009'07" East, 199.85 feet to a limestone monument; thence North 62042'28" East, 89.08 feet to a steel pin marking the northernmost corner of a tract of land described by Deed Drawer 6, Instrument 9211, being the TRUE POINT OF BEGINNING; Thence North 62042'28" East, 222.14 feet to the westernmost corner ofa tract described by Deed Drawer 5, Instrument 4048; thence North 62041 '09" East, 203.68 feet; thence North 27020' 18" West, 200.00 feet to the south right-of-way of Utica Pike; thence along said right-of-way, North 62041 '09" East, 339.10 feet to the north corner of said 6.8965- acre tract; thence along the northeast line of said tract, South 39048' 31" East, 313.13 feet; thence South 52042'40" West, 263.34 feet; thence South 88043'07" West, 138.66 feet; thence South 61016'05" West, 210.65 feet; thence 17.03 feet along the arc of a non- tangent curve to the right having a radius of 25.00 feet and a chord which bears North 09012'57" West, 16.70 feet; thence South 64038'52" West, 57.81 feet; thence South 29059'26" East, 122.68 feet; thence South 67009'29" West, 209.17 feet; thence North 21056'00" West, 184.97 feet to the True Point of Beginning. Containing 4.151 acres. EXHIBIT I~ NOV 15 2007 08:39 FR KOVERT HRWKINS 8122829171 TO 2856468 P.02/02 ST A TE OF !NDJANA BEFORE THE JEFFERSONVTLLE PLAN COMMISSTQN IN RE THE APPLICA irON OF ASHVlN LL-C AND 'REKHA LtC TO REZONE CERTAIN PARCELS OF PROPERTY BEING A PART OF LOT NO. 118 CATHERlNEM. HOPKINS SUBDIVISION AS SHOWN ON PLAT BOOK 3, PAGE 71 IN SURVEY NO, 3 OF THE ILLrNOIS GRANT, CLARK COUNiY, I'NDJANA BErNG DESCRIBED AS ZOOO UTYCA PIKE FROM RI; LOW DENSITY RE,SrDENTIAL TO M2: MULl"TFAMILY RESIDENTIAL. CER1lf.tCATION OF FAVORABLE ~ECJlMMEl'fDATIQN OF PROPOSED ORDINANCE Whereas, Ashvir1. LLC and Rehka, LLC, filed a petition before the Jeffersonville Plan Commission to change the zoning designation ohhe certain parcels of property desorihed in attached Exhibit "A" (the "Propeny"), as follows: Pllrcel I: from RI; Low Density Residential to M2: Multifamil)' Re~ider\lial; and; Whereas, after proper notice by publiclltion. the Jeffersonville Plan Commis:;ioll held a publlc hearing on the petition on October 30, 2007; nnd, Whereas. at the conclusion of the hearing thf) Jeffersonville Plan Commi~sion voted by II majority vote of its entire membership to favorably recommend the 'PToposed chnnge ohoning duignation ofthl! Property to dle Jeffersonville Common Council with the conditions that (1) the condominium building be on Iy two storie, in beight and that (2) the developer provide a written statement regarding the 1.3 acres of grecnspace for residential use. IT IS THEREFORE CERTIFIED lbat on OClober 30, 2007, the Jeffersonville Plan Commission favorably recommended that th~ Jeffersonville Common Council cnact by ordinance the propo!;ed l:oning designation change of Parcel 1 of property as follows; from RI: tow Density Residential to M2; Mullifamily Residential with the conditions that (I) tbe proposed condominium building be only two stories In height and thaI (2) the developer provide a written stipulation regs' e 1 J acr~s of gJ'eenspac:e for residential U$e. $0 certified this 30lh day of September 2007. NOU 14 2~07 11:32 28Se468 PRGE.02 ** TOTRL PRGE.02 ** PARCEL I DESCRIPTION OF PROPERTY "M2" ZONING AREA Commencing at the north corner of said Lot No. 118. being in the centerline of Market Street; thence along the northeast line of said Lot South 400 East, 25.60 feet to the original southeast right-of-way line of said Market Street; thence along said right-of-way line. South 62042' West 1366.70 feet to a limestone monument; thence South 2r09'07" East 199.85 feet to a limestone monument; thence North 62042'28" East 89.08 feet to a steel pin marking the northernmost comer of a tract of land described by Deed Drawer 6, Instrument 9211. being the TRUE POINT OF BEGINNING; Thence North 62042 '28" East, 222.14 feet to the westernmost corner of a tract described by Deed Drawer 5, Instrument 4048; thence North 62041 '09" East, 203.68 feet~ thence North 27020' 18" West, 200.00 feet to the south right-of-way of Utica Pike; thence along said right-or-way. North 62041 '09" East, 339.1 0 feet to the north corner of said 6.8965- acre tract~ thence along the northeast hne of said tract, South 39048' 31" East. 313.13 feet; thence South 52042'40" West, 263.34 feet; thence South 88043'07" West, 138.66 feet; thence South 61016'05" West, 210.65 feet; thence 17.03 feet along the arc of a non- tangent curve to the right having a radius of 25.00 feet and a chord which bears North 09012'57" West 16.70 feet; thence South 64038'52" West, 57.81 feet; thence South 29059'26" East, 122.68 feet; thence South 67009'29" West. 209.17 feet; thence North 21 056'00" West, 184.97 feet to the True Point of Begim1ing. Containing 4.151 acres. EXHIBIT ~ ,\ /10 ~ /j NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAP Notice is hereby given that on Monday, November 19,2007 at 7:30 o'clock p.m. in the Council Chambers, First Floor, Jeffersonville City Hall, 500 Quartermaster Court, Jeffersonville, Indiana, the Common Council of the City of Jeffersonville, Indiana, intends to consider an ordinance, which, if adopted, would change the zoning map designation of the following described parcels of property as follows: Parcel III Being a part of Lot No. 118 of Catherine M. Hopkins Subdivision as shown on Plat Book 3, Page 71 in Survey No.3 of the Illinois Grant, Clark County, Indiana, known as 2000 Utica Pike from Rl: Low Density Residential to R2: Medium Density Residential (4.151 acres). DESCRIPTION OF PROPERTY LOCATED IN THE CITY OF JEFFERSONVILLE PROPERTY ADDRESS: Being a part of Lot No. 118 of Catherine M. Hopkins Subdivision as shown on Plat Book 3, Page 71 in Survey No.3 ofthe Illinois Grant, Clark County, Indiana known as 2000 Utica Pike. The Jeffersonville Plan Commission made a favorable recommendation concerning the adoption of an ordinance enacting this proposed change of zoning map designation after notice and hearing on September 25,2007 with the condition that (1) the condominium building be only two stories in height and that (2) the developer provide a written stipulation regarding the 1.3 acres of greenspace for residential use. All interested persons are invited to attend and be heard regarding this matter. This Jeffersonville Common Council meeting may be continued from time to time as found necessary. The Jeffersonville Common Council may take official action at the conclusion of debate at this meeting. Such notice given and posted this 14th day of November 2007. Peggy Wilder Jeffersonville Clerk-Treasurer Prepared by: Leslie D. Merkley City Attorney Sharon King Paralegal