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HomeMy WebLinkAbout2009-OR-30STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE NO. 2009-OR- ,~~ AN ORDINANCE CHANGING THE ZONING MAP OF REAL ESTATE LOCATED AT 828 & 830 WATT STREET, JEFFERSONVILLE, CLARK COUNTY, INDIANA BEING 0.23 ACRES FROM R:3 OLD CITY RESIDENTIAL TO IS: INSTITUTIONAL. WHEREAS, on July 28, 2009, the Jeffersonville Plan Commission considered a petition filed by Nanella Mason requesting that the R3: Old City Residential zoning be changed to IS: Institutional on two parcels of property located at 828 & 830 Watt Street more particularly described as follows: Being Thirty (30) feet of ground off the North side of Lot No. Eight (8) in Block No. Ninety Seven (97) in the City of Jeffersonville, Clark County, Indiana. Being 17-7/100 feet off the South side of Lot No. Eight (8), and 17-7/100 feet off the North Side of Lot No. Seven (7), in Block No. Ninety-Seven (97) in the Enlargement of the City of Jeffersonsville. WHEREAS, after proper notice in accordance with law, the Plan Commission held a public hearing on the rezoning request on July 28, 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 28th day of July 2009, the Petitioner 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 R3: Old City Residential to IS: Institutional. 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-09-11. 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 July 28, 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 R3: Old City Residential to IS: Institutional; 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 17th day of August 2009. y homas R. Gallig Mayor ATTEST: ~ e Peg ilder Clerk Treasurer 07/14/2009 03:52 8122888305 VISSING LAW OFFICE PAGE 02/02 ~~ISrSN~ j~~RkTI~IG a q' Pri~a~y ~~ re,ne 2 ~Rapost~ ~~~r ~A~k rrv~ RR~~ 7l ~ Mo Nous~ ~aR "'i RRKIN G ARCR . "Z'Cc~/ LRN~ /' ~ 1R Iil~~tA~ \\ \ Eta VQ.~r ,~ -~ ~oxw4no~t•7a //l/i ~r~i ~ /~/~//~ ~~~~~opE ~., .~~ ~r ~~Rs SLOB w~ ~./A1T ~~~ ~ ~p~ Presented to me as Clerk Treasurer to the Mayor this ~ day of '~c 2009. 1 ~-- ~ -_ Peggy Wi e Clerk Treasurer This Ordinance approved and signed by me this ~ day of 4 2009. Thomas R. Ga Mayor