HomeMy WebLinkAbout2007-OR-74
ST ATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE NO. 2007-0R-~
AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A
CERT AIN PARCELS 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: PARCEL II: FROM R1: LOW DENSITY RESIDENTIAL
TO R2: MEDIUM DENSITY RESIDENTIAL, (1.280 ACRES +/-); PARCEL III:
FROM R1: LOW DENSITY RESIDENTIAL TO R2: MEDIUM DENSITY
RESIDENTIAL, (3.267 ACRES +/-); PARCEL IV: FROM R1: LOW DENSITY
RESUIDENTIAL TO PR: PARKS & RECREATION, (0.0738 ACRES +/-)
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 "Exhibits "A" from: Parcel II: from Rl: Low Density
Residential to R2: Medium Density Residential, (1.280 acres +/-); Parcel III: from Rl:
Low Density Residential to R2: Medium Density Residential, (3.267 acres +/-); Parcel
IV: from Rl: Low Density Residential to PR: Parks & Recreation, (0.0738 acres +/-); and
Whereas, on September 25,2007 the Jeffersonville Plan Commission has
certified to the Council a favorable recommendation 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 ofI.C. 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
October 15,2007 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: Parcel II: from Rl: Low Density
Residential to R2: Medium Density Residential, (1.280 acres +/-); Parcel III: from Rl:
Low Density Residential to R2: Medium Density Residential, (3.267 acres +/-); Parcel
IV: from Rl: Low Density Residential to PR: Parks & Recreation, (0.0738 acres +/-).
IT IS FURTHER ORDAINED that the zoning map ofthe 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 /4 daYOf~~ 2()07.
By:
ILLE,
I
ATTEST:
~ uJ,1.&
Pegg . der
Clerk -Treasurer
Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville
this _ day of 2007.
~~
Peggy 11 er
Clerk- Treasurer
J\o~r~~~ce approved and signed by me tho ~ d
EXHIBIT A
The following four parcels are a part of the 2.54-acre and 6.8965-acre tracts conveyed to Ashvin LLC and Rekha LLC by Instrument
200707638, and 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, and being more particularly described as follows:
PARCEL I
DESCRIPTION OF PROPOSED
"M2" ZONING AREA
ommencing at the north comer of said Lot No. 118, being in the centerline of Market Street; ce along the northeast line of said
Lot, 400 East, 25.60 feet to the original southeast right-of-way line of said Mark eet; thence along said right-of-way line,
South 62042 'st, 1366.70 feet to a limestone monument; thence South 270 " East, 199.85 feet to a limestone monument;
thence North 62042' " ast, 89.08 feet to a steel pin marking the northe st comer of a tract of land described by Deed Drawer 6,
Instrument 9211, being the POINT OF BEGINNING;
ost comer of a tract described by Deed Drawer 5, Instrument 4048; thence
North 62041 '09" East, 203.68 feet; thence Nort " West, 200.00 feet to the south right-of-way of Utica Pike; thence along
said right-of-way, North 62041'09" East, 3 .10 feet to the no mer of said 6.8965-acre tract; thence along the northeast line of
said tract, South 39048'31" East, 313 feet; thence South 52042'40" 263.34 feet; thence South 88043'07" West, 138.66 feet;
thence South 61016'05" West, .65 feet; thence 17.03 feet along the arc of a no ent curve to the right having a radius of 25 .00
feet and a chord which b North 09012'57" West, 16.70 feet; thence South 64038'5 st, 57.81 feet; thence South 29059'26"
East, 122.68 feet; t ce South 67009'29" West, 209.17 feet; thence North 21 056'00" West, 97 feet to the True Point of
ming 4. 151 acres.
PARCEL II
DESCRIPTION OF PROPOSED
"R2" ZONLNG AREA 1
Commencing at the north comer 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 comer ofa tract ofland described by Deed Drawer 6,
Instrument 9211; thence along the northeast line of said tract, South 21056'00" East, 184.97 feet to the TRUE POINT OF
BEGINNING;
Thence North 67009'29" East, 209.17 feet; thence South 30012'50" East, 91.73 feet; thence North 50017'59" East, 90.64 feet; thence
South 38007' 18" East, 172.44 feet to the line dividing the State of Indiana and the Commonwealth of Kentucky; thence along said
State line, South 51042'17" West, 1.89 feet; thence continuing along said State line, South 51055'42" West, 167.51 feet to the
easternmost comer of a tract of land described by Instrument 200419496; thence along the northeast line of said tract, North
42042'53" West, 143.65 feet to a railroad spike on the northern right-of-way line of Arctic Springs Road; thence along said right-of-
way line, South 82004'34" West, 77.29 feet; thence continuing along said right-of-way line, South 57041 '05" West, 69.21 feet to a
limestone monument at the easternmost corner of said tract described by Deed Drawer 6, Instrument 9211; thence along the northeast
line of said tract, North 21056'00" West, 131.95 feet to the True Point of Beginning. Containing 1.280 acres.
...."'.
/"
PARCEL III
DESCRIPTION OF PROPOSED
"R2" ZONING AREA 2
Commencing at the north comer 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 comer ofa tract ofland described by Deed Drawer 6,
Instrument 9211; thence along the northeast line of said tract, South 21056 '00" East, 184.97 feet; thence North 67009 '29" East, 209.17
feet to the TRUE POINT OF BEGINNING;
Thence North 29059'26" West, 122.68 feet; thence North 64038'52" East, 57.81 feet; thence 17.03 feet along the arc of a non-tangent
curve to the left having a radius of 25.00 feet and a chord which bears South 09012'57" East, 16.70 feet; thence North 61016'05" East,
210.65 feet; thence North 88043'07" East, 138.66 feet; thence North 52042'40" East, 263.34 feet to the northeast line of the above
referenced 6.8965-acre tract; thence along the northeast line of said tract, South 39048'31" East, 170.79 feet; thence South 50040'06"
West, 574.93 feet; thence North 38007'18" West, 121.78 feet; thence South 50017'59" West, 90.64 feet; thence North 30012'50"
West, 91. 73 feet to the True Point of Beginning. Containing 3.267 acres.
PARCEL IV
DESCRIPTION OF PROPOSED
"PR" ZONING AREA
Commencing at the north comer 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 comer of a tract ofland described by Deed Drawer 6,
Instrument 9211; thence along the northeast line of said tract, South 21056 '00" East, 184.97 feet; thence North 67009'29" East, 209.17
feet; thence South 30012'50" East, 91.73 feet; thence North 50017'59" East, 90.64 feet; thence South 38001'18" East, 121.78 feet to
the to the TRUE POINT OF BEGINNING;
Thence North 50040'06" East, 574.93 feet to the northeast line of the above referenced 6.8965-acre tract; thence along the northeast
line of said tract, South 39048'31" East, 61.08 feet to a point near the waters edge of the Ohio River; thence with said river's edge,
South 51042'17" West, 576.60 feet; thence North 38007'18" West, 50.66 feet to the True Point of Beginning. Containing 0.738 acres.
.,~.
Ashvin, LLC & Rekha, LLC
2000 Utica Pike & 71 Arctic Springs
PC-07 -26
Legend
- JeffersonvilleJ)ublic_streets
D Clark County Parcels
D Jeffersonville_preliminary_Delivery
D Final_Jeff_Boundary
D C1: Small to Medium Scale General Commel
_ C2: Medium to Large Scale General Com me
DC: Downtown Commercial
_ HC: Highway Commercial
D 11: Business Park/Light Industrial
_ 12: Industrial Park/Heavy Industrial
_ IR: INAAP Redevelopment
Institutional Uses
Limited Multifamily Residential
M2: General Multifamily Residential
_ MP: Mobile Home Park
_ NC: Neighborhood Commercial
_ NI: Neighborhood Industrial
_ OC: Office Commercial
_ PR: Parks and Recreation
D R 1: Low Density Residential
D R2: Medium Density Residential
_ R3: Old City Residential
Sep 26 07 07:57p
O~/LO'L~~' u,.~~
Pat Thompson
"'-0-";0"'00
812-285-9405
orE.: 2
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE PLAN COMrvtJSSION
TN R.E THE APrLlCA nON OF
ASHVIN LLC AND REKHA LtC
TO REZONE CE.RT~IN PARCELS
OF PROPERTY BEING A P AllT Of.
LOT NO. 113 OF CATIlERlNE l'vL
HOpKINS SUBDIVISION AS SHOWN
ON PLAT BOOK :;, l' AGE 71 IN SURVEY
'NO. J OF THE ILLINOIS GRANT, CLARK,
couNTY. INDIANA; PARCEL II: FROMR.l:
LOW DENSITY RESIDENTIAL TO R2:
MEDIUM DENSITY RESlDENTIAL
(1.280 ACRES+I-); PARCEL III: FROM RI:
LOW DSNSITY RESIDENTIAL TO R2:
MEDtuM DENSITY RESIDENTIAL
(3.267 ACRES +/-);PARCEL IV: FROM
Rl: LOW DENSlTY RESIDENTIAL TO
PR: PARKS & RECREATION (0.0138 ACRES +/-}
CERTJJi1CA liON OF FAVORABLE RECOMMENDATIO.N
OF PROPOSED QRDINANC~
Whereas, Ashvin, LLC and Rehka, LLC, filed a petition before the Jeffersonville Plan
Commission to change the zoning de$tgnatlon ofthe certain parcels of property described in attached
Exl1ibit "A" (tile "property"), as follows: ParcclU: nom Rl: Low Den!ity Residential to R2: Medium
Density Residential (1.280 acres +(-); Parcel JJT: from Rl: Low Density Residential to R2: Medium Density
Residential (3.267 acres +1-), and Parcel tv: from .Rl: Low Density 'Residential to PR: Parks and
Recreation (0.73& acres +/-) and;
Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public
1\e8l'ing on the: petition O~ September 25, 2007; and,
Whereas, at the conclusion of the heating tbe Jeffersonville P1M Commission voted by il majority
vote ofits entire memMrship to favorably recommend the propose<! change of zoning designation ofthe
Property to th~ Jeffersonville Common Council.
IT IS THEREFORE CERTIFIED tbat on September 2S, 2007, the Jeffersonville Plan
Commission favorably recommended tbat the Jeffersonville Common Council enact by ordinance the
proposed zonins designation thange of certain parcels of property as fa llows: PaTcel U: from Rl : Low
Density Residential to R2: Medium Density Re~idential (1.280 aCTes +/-); Parcel Ill: from Rl: Low Density
Residential to R2: Medium Density Re$idential (3.267 acres +/-), and Parcel IV: from Rl: Low Density
1U:sidential to PR: Parks and Recreation (0.733 acres +1-) lIS requested in the petition of Asb...in, LLC and
Rekha, LLC.
EXHIBIT A
The following four parcels are a part of the 2.54-acre and 6.8965-acre tracts conveyed to Ashvin LLC and Rekha LLC by Instrument
200707638, and 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, and being more particularly described as follows:
PARCEL I
DESCRIPTION OF PROPOSED
"M2" ZONING AREA
Commencing a north comer of said Lot No. 118, being in the centerline of Market Stree . nce along the northeast line of said
Lot, South 400 East, feet to the original southeast right-of-way line of said M Street; thence along said right-of-way line,
South 62042' West, 1366.70 to a limestone monument; thence South '07" East, 199.85 feet to a limestone monument;
thence North 62042'28" East, 89.08 fee steel pin marking the no ost comer of a tract of land described by Deed Drawer 6,
Instrument 9211, being the TRUE POINT OF B
Thence North 62042'28" East, 222.14 feet to the sternmost come tract described by Deed Drawer 5, Instrument 4048; thence
North 62041 '09" East, 203.68 feet; thenc orth 2r20' 18" West, 200.00 ee e south right-of-way of Utica Pike; thence along
said right-of-way, North 62041'09" ast, 339.10 feet to the north comer of said 6.896 - act; thence along the northeast line of
said tract, South 39048'31" ,313.13 feet; thence South 52042'40" West, 263.34 feet; thence 88043'07" West, 138.66 feet;
thence South 61016'0 -" est, 210.65 feet; thence 17.03 feet along the arc of a non-tangent curve to the rig ving a radius of 25.00
feet and a chor ich bears North 09012'57" West, 16.70 feet; thence South 64038'52" West, 57.81 feet; then outh 29059'26"
East, 1 feet; thence South 67009'29" West, 209.17 feet; thence North 21056'00" West, 184.97 feet to the oint of
Be' ing. Containing 4.151 acres.
PARCEL II
DESCRIPTION OF PROPOSED
"R2" ZONING AREA 1
Commencing at the north comer 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 comer of a tract ofland described by Deed Drawer 6,
Instrument 9211; thence along the northeast line of said tract, South 21056'00" East, 184.97 feet to the TRUE POINT OF
BEGINNING;
Thence North 67009'29" East, 209.17 feet; thence South 30012'50" East, 91.73 feet; thence North 50017'59" East, 90.64 feet; thence
South 38007' 18" East, 172.44 feet to the line dividing the State of Indiana and the Commonwealth of Kentucky; thence along said
State line, South 51042'17" West, 1.89 feet; thence continuing along said State line, South 51055'42" West, 167.51 feet to the
easternmost comer of a tract of land described by Instrument 200419496; thence along the northeast line of said tract, North
42042'53" West, 143.65 feet to a railroad spike on the northern right-of-way line of Arctic Springs Road; thence along said right-of-
way line, South 82004'34" West, 77.29 feet; thence continuing along said right-of-way line, South 57041 '05" West, 69.21 feet to a
limestone monument at the easternmost corner of said tract described by Deed Drawer 6, Instrument 9211; thence along the northeast
line of said tract, North 21056'00" West, 131.95 feet to the True Point of Beginning. Containing 1.280 acres.
/"
PARCEL III
DESCRIPTION OF PROPOSED
"R2" ZONING AREA 2
Commencing at the north comer 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 comer of a tract ofland described by Deed Drawer 6,
Instrument 9211; thence along the northeast line of said tract, South 21056'00" East, 184.97 feet; thence North 67009'29" East, 209,17
feet to the TRUE POINT OF BEGINNING;
Thence North 29059'26" West, 122.68 feet; thence North 64038'52" East, 57.81 feet; thence 17.03 feet along the arc of a non-tangent
curve to the left having a radius of 25.00 feet and a chord which bears South 09012' 57" East, 16.70 feet; thence North 61016'05" East,
210.65 feet; thence North 88043'07" East, 138.66 feet; thence North 52042'40" East, 263.34 feet to the northeast line of the above
referenced 6.8965-acre tract; thence along the northeast line of said tract, South 39048'31" East, 170.79 feet; thence South 50040'06"
West, 574.93 feet; thence North 38001'18" West, 121.78 feet; thence South 50017'59" West, 90.64 feet; thence North 30012'50"
West, 91.73 feet to the True Point of Beginning. Containing 3.267 acres.
PARCEL IV
DESCRIPTION OF PROPOSED
"PR" ZONING AREA
Commencing at the north comer 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; thence along the northeast line of said tract, South 21056 '00" East, 184.97 feet; thence North 67009'29" East, 209.17
feet; thence South 30012'50" East, 91.73 feet; thence North 50011'59" East, 90.64 feet; thence South 38007'18" East, 121.78 feet to
the to the TRUE POINT OF BEGINNING;
Thence North 50040'06" East, 574.93 feet to the northeast line of the above referenced 6.8965-acre tract; thence along the northeast
line of said tract, South 39048'31" East, 61.08 feet to a point near the waters edge of the Ohio River; thence with said river's edge,
South 51042' 17" West, 576.60 feet; thence North 38001' 18" West, 50.66 feet to the True Point of Beginning. Containing 0.738 acres.
''''"
Ashvin, LLC & Rekha, LLC
2000 Utica Pike & 71 Arctic Springs
PC-07 -26
Legend
- Jeffersonville_public_streets
D Clark County Parcels
D Jeffersonville_preliminary_Delivery
D FinaLJeff_Boundary
D C1: Small to Medium Scale General Commel
_ C2: Medium to Large Scale General Comme
DC: Downtown Commercial
_ HC: Highway Commercial
D 11: Business Park/Light Industrial
_ 12: Industrial Park/Heavy Industrial
_ IR: INAAP Redevelopment
IS: Institutional Uses
D M1: Limited Multifamily Residential
M2: General Multifamily Residential
_ MP: Mobile Home Park
_ NC: Neighborhood Commercial
_ NI: Neighborhood Industrial
_ OC: Office Commercial
_ PR: Parks and Recreation
D R 1: Low Density Residential
D R2: Medium Density Residential
_ R3: Old City Residential
Prepared by:
Leslie D. Merklev
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I am Shirley Munich and my husband Jerry and I have lived at 63 Arctic Spring for over
45 years.
First I would like to thank: those of you who reviewed the information you were provided
or you visited the area so that you understand our concerns about changing our zoning
from R-l to R-2
I have a few questions which I would like for you to consider this evening.
Why does Arctic Spring have to be rezoned with the Kayrouz property? We would like
to keep our own identity. With the R-l Classification we have, we can accept the three
homes that would be built on the property called 71 Arctic Springs rather than five ,that
would crowd the area, rezoned to R-2.
If the rezoning passes, who will widen the streets so we can pass each other? What about
the city and emergency vehicles?
What about a turn around or cuI de sac at the end of the dead end? The first meeting it
was noted by the attorney for the developer that there would be no room for a turn around
or cui-de sac. Will the added traffic continue to use our driveways?
One last question Why is the wooded natural secluded area North of71 Arctic Springs
being rezoned to M-2. If it is to be kept as a nature trail as proposed, why change the
zoning? Or rezone it as parks and recreation to provide assurances that it will not be
developed.
Please consider these questions and think about our area and the changes when you are
asked to vote.
Thank you.
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