HomeMy WebLinkAbout2009-OR-21STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE NO. 2009-OR- ~-~
AN ORDINANCE CHANGING THE ZONING MAP OF REAL ESTATE LOCATED AT
THE CORNER OF TENTH STREET & WALNUT STREET, JEFFERSONVILLE,
CLARK COUNTY, INDIANA BEING 1.40 ACRES FROM M1 TO C2.
Whereas, CURT RAFFERTY REPRESENTING DOLLAR GENERAL STORE has filed
a petition before the Jeffersonville Plan Commission to change the zoning map
designation of the real property as follows:
A PART OF SURVEY N0.1 OF THE ILLINOIS GRANT OF CLARK COUNTY, INDIANA, BEING
THE TRACTS AT DEED DRAWER 26, INSTRUMENT NO. 908, AND DEED DRAWER 26,
INSTRUMENT NO. 3359, AND DESCRIBED AS FOLLOWS: BEING THAT PART OF BLOCK
NO. 119 IN THE ENLARGEMENT OF SAID CITY BOUNDED AS FOLLOWS: BEGINNING AT
THE INTERSECTION OF THE NORTH LINE OF 10TH STREET AND THE WEST LINE OF THE
10 FOOT ALLEY RUNNING NORTH AND SOUTH THROUGH SAID BLOCK: THENCE
WESTWARDLY WITH THE NORTH LINE OF 10TH STREET 35 FEET TO A STAKE; THENCE
AT RIGHT ANGLES NORTHWARDLY 78 10/100 FEET TO A STAKE; THENCE AT RIGHT
ANGLES EASaINARDLY 35 FEET TO A STAKE IN THE WEST LINE OF SAID ALLEY, THENCE
SOUTHWARDLY WITH THE WEST LINE OF SAID ALLEY 78 FEET TO THE PLACE OF
BEGINNING. MORE COMMONLY KNOWN AS 409 EAST 10TH STREET, JEFFERSONVILLE,
INDIANA.
ALSO:
BEING A PART OF BLOCK NO. 119 IN THE CITY OF JEFFERSONVILLE, BEGINNING AT A
POINT IN THE WEST LINE OF SAID BLOCK NO. 119, SAID POINT IS 78.10 FEET NORTH OF
THE SOUTHWEST CORNER OF SAID BLOCK NO. 119: THENCE NORTHWARDLY 25 FEET;
THENCE AT RIGHT ANGLES EASTWARDLY 164 FEET TO A 10 FOOT ALLEY; THENCE AT
RIGHT ANGLES SOUTHWARDLY 25 FEET: THENCE AT RIGHT ANGLES WESTWARDLY 164
FEET TO THE PLACE OF BEGINNING. MORE COMMONLY KNOWN AS 1012 WALNUT
STREET, JEFFERSONVILLE, INDIANA.
ALSO:
BEGINNING AT A STAKE IN THE NORTH LINE AT 11TH AVENUE AND THE SOUTH LINE OF
SAID BLOCK, 105 FEET EASTWARDLY FROM THE SOUTHWEST CORNER OF SAID
BLOCK; THENCE CONTINUING ESTWARDLY ALONG THE SOUTH LINE OF SAID BLOCK
AND THE NORTH LINE OF 11TH AVENUE 26 FEET, MORE OR LESS, TO MCCARTIN'S LINE:
THENCE NORTHWARDLY ON A LINE PARALLEL TO THE EAST LINE OF WALNUT STREET
AND ALONG MCCARTIN'S LINE, 78.1 FEET TO A STAKE; THENCE WESTWARDLY AND ON
A LINE PARALLEL TO THE NORTH LINE OF 11TH AVENUE, 26 FEET, MORE OR LEIS, TO A
STAKE: THENCE SOUTHWARDLY; AND ON A LINE PARALLEL TO THE EAST LINE OF
WALNUT STREET, 78.1 FEET TO A STAKE, THE PLACE OF BEGINNING, THE SAME BEING
COMMONLY KNOWN AS 407 EAST 10TH STREET.
ALSO:
BEING PART OF BLOCK NO. 119 IN THE ENLARGEMENT OF THE CITY OF
JEFFERSONVILLE, SAID COUNTY AND STATE, BOUNDED THUS: BEGINNING AT THE
SOUTHWEST CORNER OF SAID BLOCK NO. 119 AT THE INTERSECTION OF THE EAST
LINE OF WALNUT STREET AND THE NORTH LINE OF 11TH AVENUE: THENCE
EASTWARDLY WITH THE SOUTH LINE OF SAID BLOCK AND THE NORTH LINE OF 11TH
AVENUE, 71 FEET TO A STAKE: THENCE NORTHWARDLY AND ON A LINE PARALLEL
WITH THE EAST LINE OF WALNUT STREET, 78.1 FEET TO A STAKE; THENCE
WESTWARDLY AND ON A LINE PARALLEL WITH THE NORTH LINE OF 11TH AVENUE, 71
FEET TO A STAKE ON THE WEST LINE OF SAID BLOCK AND THE EAST LINE OF WALNUT
STREET: THENCE SOUTHWARDLY AND ALONG THE WEST LINE OF SAID.
ALSO:
BEING A PART OF BLOCK NO. 119 IN THE CITY OF JEFFCRSONVILLE, LYING IN SURVEY #
I OF THE ILLINOIS GRANT, JEFFERSONVILLE TOWNSHIP, CLARK COUNTY, INDIANA,
BEING DEPICTED ASTRACT #3 ON A SURVEY BY PAUL PRIMAVERA AND ASSOCIATES,
JOB N0.06.10751, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING. AT
THE NORTHWEST COMER OF BLOCK NO. 119, THENCE ALONG THE WEST LINE OF SAID
BLOCK, WHICH IS ALSO THE EAST RIGHT OF WAY OF WALNUT STREET SOUTH 3C12' S1"
WEST 103.10 FCCT TO A #5 REINFORCING BAR WITH A YELLOW PLASTIC CAP STAMPED,
"PRIMAVERA & ASSOC., #0049" AT THE POINT OF BEGINNING, THIS TYPE OF
MONUMENT HEREINAFTER REFERRED TO AS A CAPPED REINFORCING BAR, THENCE
LEAVING SAID RIGHT OF WAY NORTH 58' 37' 21" EAST 171.50 FEET TO A CAPPED
REIBFORCING BAR ON THE WEST RIGHT OF WAY OF A PLATTED 10.00 FOOT ALLEY,
THENCE ALONG SAID ALLEY SOUTH 31° 16' 08" EAST 5.00 FEET TO A CAPPED
REINFORCING BAR, THENCE LEAVING SAID ALLEY SOUTH 58' 37' 21" .WEST 171.50 FEET
TO A CAPPED REINFORCING BAR ON THE WEST LINE OF BLOOK NO. 119 AND THE EAST
RIGHT OF WAY OF WALNUT STREET, THENCE ALONG SAID RIGHT OF WAY NORTH 31°
12' 51" WEST 5.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.020 ACRE, MORE
OR LESS (HEREINAFTCR REFERRED TO AS "GAP ONE"); AND
ALSO:
BEING AN 0.017 ACRE GAP IN SAID LEGAL DESCRIPTIONS BETWEEN THE DEEDED
PROPERTY AND THE ALLEY, WHICH GAP IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS: THE FOLLOWING IS A LEGAL DESCRIPTION PREPARED THIS 26TH DAY OF
SEPTEMBER, 2006, OF REAL PROPERTY BEING A PART OF BLOCK NO. 119 IN THE CITY
OF JEFFERSONVILLE, LYING IN SURVEY #1 OF THE ILLINOIS GRANT, JEFFERSONVILLE
TOWNSHIP, CLARK COUNTY, INDIANA, BEING DEPICTED AS TRACT #4 ON A SURVEY BY
PAUL PRIMAVERA AND ASSOCIATES, JOB NO. 06-10751, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF BLOCK NO.
119 ON THE SOUTH RIGHT OF WAY OF 11TH STREET, THENCE ALONG SAID RIGHT OF
WAY NORTH 57' 37' 21" EAST 164.00 FEET TO A #5 REINFORCING BAR WITH A YELLOW
PLASTIC CAP STAMPED, "PRIMAVERA & ASSOC., #0049" AT THE POINT OF BEGINNING,
THIS TYPE OF MONUMENT HEREINAFTER REFERRED TO AS A CAPPED REINFORCING
BAR, THENCE CONTINUING ALONG SAID SOUTH RIGHT OF WAY NORTH 57" 37' 21" EAST
7.40 FEET TO A CAPPED REINFORCING BAR AT 'THE INTERSECTION OF THE SOUTH
RIGHT OF WAY OF 11TH STREET AND THE WEST LINE OF A PLATTED 10.00 FOOT ALLEY,
THENCE ALONG SAID ALLEY SOUTH 31° 16' 08" EAST 103.1 0 FEET TO A CAPPED
REINFORCING BAR, THENCE LEAVING SAID WEST LINE SOUTH 57" 37' 21" WEST 7.50
FEET TO A CAPPED REINFORCING BAR, THENCE PARALLEL TO THE WEST LINE OF
BLOCK NO. 119 NORTH 31" 12' S1" WEST 103.10 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.017 ACRE, MORE OR LESS.
WHEREAS, on March 31, 2009, the Jeffersonville Plan Commission considered an
petition filed by Curt Rafferty requesting that the M1: Low Density Multi Family Residential
zoning be changed to C2: Medium To Large Scale General Commercial on a parcel of
property more particularly described or shown on Exhibit A, attached herewith and made a
part hereof; and
WHEREAS, after proper notice in accordance with law, the Plan Commission held
a public hearing on the rezoning request on March 31, 2009; and
WHEREAS, the Plan Commission received evidence and information from the
Petitioner's representatives and spokespersons, received evidence and information from
remonstrators or citizens who were allowed to speak under the Commission's rules,
reviewed any staff reports as were submitted, considered any legal advice rendered at the
meeting, and otherwise considered all relevant information submitted on the petition at the
hearing;
IT IS, THEREFORE, HEREBY CERTIFIED as follows:
1. On the 31st day of March, 2009, the Petitioner, whose name(s) appear(s)
on Exhibit A attached herewith, filed a petition with the Jeffersonville Plan Commission
to change the Jeffersonville Zone Map asking that the real estate described in the said
petition be reclassified from M1: Low Density Multi Family Residential to C2: Medium To
Large Scale General Commercial. The property which Petitioners seek to have rezoned
is described or shown in Exhibit A, attached herewith and made a part hereof.
2. The Petitioner submitted the petition pursuant to Ind. Code § 36-7-4-
602(c)(1)(B).
3. The proposal was assigned Case No. PC-09-07.
4. In considering proposals for rezoning, pursuant to I.C. 36-7-4-602(c)(3) and
I.C. 36-7-4-603, the Plan Commission and the City Council must both pay reasonable
regard to (a) the comprehensive plan; (b) current conditions and the character of current
structures and uses in each district; (c) the most desirable use for which the land in
each district is adapted; (d) the conservation of property values throughout the
jurisdiction; and (e} responsible development and growth.
5. Notice was given and a public hearing was held on the Petitioner's rezoning
proposal under I.C. 36-7-4-604, such public hearing having been conducted during the
evening of March 31, 2009.
6. Upon consideration of the factors required by law, after having reviewed the
petition and exhibits thereto, after having reviewed any letters of support or protest, and
after having heard from the Petitioner, any remonstrators or objectors, any and all staff
reports, any and all comments by the Commission's attorney, the Commission by
majority vote of sufficient number Commission members voted to give the petition a
FAVORABLE recommendation.
7. The Petitioner's proposal for rezoning as described in Exhibit A is being
certified to the City Council with a FAVORABLE recommendation from the Plan
Commission, pursuant to Ind. Code § 36-7-4-605(a)(3).
NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of
Jeffersonville, Indiana that the zoning designation of the real property described above
is hereby changed from M1 (Low Density Multi Family Residential) to C2 (Medium To
Large Scale General Commercial); and
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 timely passage, promulgation,
and approval by the Mayor.
Passed and adopted by the Common Council of the City of Jeffersonville, Clark County,
State of Indiana this 4th day of May, 2009.
Thomas R. G Ili an
Mayor
ATTEST:
e ilder
Clerk Treasurer
Presented to me as Clerk Treasurer to the Mayor this day of
2009.
r
`~
Peg ilder
Clerk Treasurer
This Ordinance approved and signed by me this
day of 2009.
Thomas R. a i a
Mayor
PRELIMINAR Y SITE PLAN "''"' SrATE -STREET:
JEFFERSONVILLE, IN- 1000 WALNUT ST.
PROTOTYPE: A DEVELOPER DESIGNER DATE:
BLDG/SALES SF: g,p14/7~ig1 COMPANY: NSA COMPANY: p~ypy~A ~ ASSOQ 02/23/0
ACREAGE: 1,16 NAME: CURT RAFfER>R1Y NAME: JASON M. COPPERWNlE
PARKING SPACES: ~ PHONE '~. (270) 320-7722 PHONE ~: 812) 73g-4124
11th STREET SITE SUMMAR Y
60.00 ROW
N88'37'21 "E SITE AREA: 50,528 SF (1.16 AC )
18' X 16' CONCRETE
DELIVERY PAD
118' X 18' CONCRETE
DUMPSTER PAD
SITE DIMENSIONS: 171.50' X 294.65'
ZONING: C-2
PARKING: 35 REQUIRED/ 2 HC
BUILDING SETBACKS: FRONT = 35
SIDE = 25
REAR = 30
LANDSCAPIN
9 DECIDUOUS TREES
9 EVERGREEN TREES
9 FLOWING ORNAMENTALS
10 FOUNDATIONAL PLANTINGS
STORMWATER: SURFACE DRAINAGE
VARIANCES NEEDED•
DRIVE WIDTH ALONG WALNUT
ENTRANCE LOCATION FROM 10TH STREET
BOLLARDS (TYP.)
10'
~-- PARKING STOPS (TYP.)
LIGHTED PYLON
SIGN W/
UNDERGROUND
ELECTRICAL
43°04'57"W 19.72' -
o~~
r
A = 100.95'
CH = 100.95' 10th STREET
60.00 ROW