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Home My WebLink About2009-OR-38STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE NO. 2009-OR- AN ORDINANCE CHANGING THE ZONING MAP OF REAL ESTATE LOCATED AT THE INTERSECTION OF PEACH BLOSSOM DRIVE 8~ ORCHARD HILLS DRIVE, JEFFERSONVILLE, CLARK COUNTY, INDIANA BEING 2.3 ACRES FROM C2 (MEDIUM TO LARGE GENE FAMILOYnRESIDENT ALM2 (MEDIUM DENSITY MULTI Whereas, JACK VISSING REPRESENTING ICON-JEFFERSONVILLE DEVELOPMENT, LLC has filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property as follows: 13ein`~ a part of Survey ~#2I oil the Illinois Grant to Clarlc County, Indiana and being further described as {bllo~vs: I3egin~tit~~~ at a steel pin on the east corner of said Survey #21; thence S50°43' i 4"V~', alon,~~ the line diviclitlg Survey i~12 and Survey #21, 1537.24' to a steel pin; thence \40°~ 1 ' 16"V~%. 93.65' to the TRI_JE POINT O1~ BFGTNNING; thence N40°21'16"~~'. =1~ ~.()~' u~ a }~oitlt; thence along the arc of curve to fihe right ~vitll a radius of 200.00' the chord being N66°19'35"~,; 42.34' to a point:, thence along the arc of a curve to the left ~i i th a radius of 200.00' the chord being N6 i °25'59"E, 76.11' to a point; thetlce ~~ 5r)"' %':~9"~' 89.20' t:o a point; thence along the arc of a curve to the right with a radius alp 1 `O.t}0 the chord being N68°06' 11 "F, 90.91.' to a point; thence alotlg the arc of a curve to the left with a radius of 175.00' the chord being S17°12'17"L-, 131.53' to a }point; tilejtcr- 533°16'42"E, 1.52.46' to a point; thetlce along the arc of a curve to the right with a r~1ClELl~ of- 12.5.00' the chords being Sl6°46'42"F,, 95.67' to a point and S24°13'18"~~~. 95.07' t:o a point; thence S50°43'14"W, 83.83' to a poitat; thence alotlg the arc of curve to the left ~a~itll a radius of 225.00'the chord being S4?°33'50"~tt~, 24.79' cotataining 2.3 \.cres WHEREAS, on September 29, 2009, the Jeffersonville Plan Commission considered an petition filed by Icon-Jeffersonville Development, LLC requesting that the C2: Medium To Large Scale General Commercial zoning be changed to M2: Medium Density Multi Family Residential zoning on a 2.3 acre 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 September 29, 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 29th day of September, 2009 the Petitioner filed a petition with the Jeffersonville Plan Commission to change the Jeffersonville Zoning Map asking that the real estate described in the said petition be reclassified from C2: Medium To Large Scale General Commercial to M2: Medium Density Multi Family Residential. 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-09-14. 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 September 29, 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 C2 (Medium To Large Scale General Commercial) to M2 (Medium Density Multi Family Residential) to; 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 adoption. SO ORDAINED this 19th day of October 2009. ATTEST: (,~.,~..e~.~ Pegg Ider Clerk Treasurer Presented to me as Clerk Treasurer to the Mayor this~ay of ~%C~Z}fie ~'~2009. 1.~.~Q~.Q.~.c~ Peggy i er Clerk Treasurer This Ordinance approved and signed by me this ~ day of 2009. a as i ?s'~ 3"~x8 ga q €~ ° d~ 'a' ~a o E 4' Y _Jni' ~ 4'~-C,r ,- D I - ~(- _.'~~_-~`~__-_/z xx aR eg - A ~' , _ _ Jy Y /' 9 a e_-• as a c a ~ ~ __ _ ~ __ / Y L R _ 3~nU ~n i~ i r '4 ~ ~ ;!8 ~- -~ s~U - -' ~ 4 ~` `~ _ ~e .1~ ' ; / ~ ' ~~ ~~ I v~ 1 ~ = o // .7~r / m- ~A~ ,l a .h /___ . ~ ~. 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KENTUCKY 00220 (502) 326-1000 n°'"" "~"~'yD"""' ENGINEER'S SEnL SURVEYOR'S SENL STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION THE PETITION FOR REZONING CASE NO. PC-09-14 ICON - JEFFERSONVILLE DEVELOPMENT, LLC INTERSECTION OF PEACH BLOSSOM & ORCHARD HILLS DRIVE CERTIFICATION PURSUANT TO I.C. 36-7-4 (600 Series) (Favorable Recommendation) WHEREAS, on September 29, 2009, the Jeffersonville Plan Commission considered an petition filed by Jack Vissing representing Icon - Jeffersonville Development, LLC requesting that the C2 (Medium To Large General Commercial) zoning be changed to M2 (Medium Density Multi Family Residential) on 2.3 acre parcel located at the intersection of Peach Blossom Drive & Orchard Hills Drive, WHEREAS, after proper notice in accordance with law, the Plan Commission held a public hearing on the rezoning request on September 29, 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 29th day of September 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 C2 (Medium To Large General Commercial) to M2 (Medium Density Multi Family Residential). The property which Petitioners seek to have rezoned is described as follows: 13ein;.~. a pare of Survey#-21 of the Illinois Gralit to Clark County, Indial~ta at~d t~eil~g further described as .ft~llo~~~s: T3eginning at a steel pit} o~~ the east corner of said Survey #21; thence S50°43' 18"Vd, alanVT the line diviclittg Survey X12 and Survey #2I, 1537.24' to a steel pin; tl~tence \~0°:? 1 ' 16''~X-', 93.65" to the T-Ri_JE POINT O1~' BEGINN11~iG; thence N40°2 i'1 G"~~'. =15 ~.()e}' to a point; thence along the arc of curve to the right with a radius of 200.00" the chord being N66°19'3>"E; 42.34' to a paint: thence along the arc of a curve to the left «ith a l'adlLtS oI~ 200.00' the chord being 1\T6i°25'59"E, 76.11' to a point; thence; ~'1)".? %'49"F, 89.20' t:o a point; thence clang the arc of a curve to the right with a 1-adius of 150.00 the chord being N68°OG' 11 "F, 90.91.' to a point; thence along the arc oI~ a curve to the left li'itll a radius of 175.00, the chord being 517°12'17"L--, 131.53' to a point; tltejtce S3~°16'42"E, 3.52.4(' to a point; thence along the arc of a curve to the right wish a radios a(~ 1?__5.00' the chords being S16°4642"F., 95.07' to a paint and S24°13'18"~~~. ~5.(>7' to a point; thence S50°43'14"V~~, 53.83' to a paint; tlaence along the arc oFcurve to the left ~~~ith a radius of 225.00'the chard being S47°33'50"~~i~, 24.79' containing 2.3 ,'acres 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-09-14. 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 September 29, 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).