HomeMy WebLinkAbout2010-OR-25BEFORE THE COMMON COUNCIL
FOR THE CITY OF JEFFERSONVILLE,
INDIANA
ORDINANCE NO. av i u -y2`~5
AN ORDINANCE REZONING 40.7 ACRES FROM
R1 & R2 RESIDENTIAL TO C2 COMMERCIAL
WHEREAS, the Jeffersonville Plan Commission has certified a favorable
recommendation to rezone 40.7 acres from Rl (Low Density Residential) and R2 (Medium
Density Residential) zoning to C2 (Medium to Large Scale General Commercial) zoning; and
WHEREAS, the Common Council believes such recommendation is in the best interests of
the City;
NOW, THEREFORE, BE IT ORDAINED by the Common Council for the City of
Jeffersonville, Indiana, as follows:
1. In considering proposals for rezoning, pursuant to I.C. 36-7-4-602(c)(3) and I.C. 36-7-
4-603, the Common Council must 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.
2. Notice was given and a public hearing was held pursuant to I.C. 36-7-4-604 by the
Jeffersonville Plan Commission on the request of Gottbrath Family Farm, LLC to rezone 40.7
acres from Rl (Low Density Residential) and R2 (Medium Density Residential) zoning to C2
(Medium to Large Scale General Commercial) zoning.
3. The hearing on the rezoning request was held on May 25, 2010.
4. Upon consideration of the factors required by law, after having reviewed the petition
and exhibits thereto, after having reviewed any letters of support of or protest against, and after
having heard from representatives of the Gottbrath Family Farm, LLC, and any remonstrators or
objectors, and after consideration of the plan commission staff reports, the Plan Commission by
majority vote of sufficient number Commission members voted to give the rezoning request a
FAVORABLE recommendation, and such favorable recommendation has been properly certified
to the Common Council in accordance with Indiana law.
5. The 40.7 acre parcel of property owned by the Gottbrath Family Farm, LLC as more
particularly described in Exhibit A, attached herewith and made a part hereof, shall be, and is
hereby rezoned from R1 & R2 to C2.
SO ORDAINED this day of June, 2010.
COMMON COUNCIL FOR THE
CITY OF JEFFERSONVILLE,
INDIANA
COUNCIL PERSONS VOTING
IN FAVOR:
COUNCIL PERSONS VOTING AGAINST:
ATTEST:
Clcr asurcr
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE PLAN COMMISSION
1N RE THE PETITION OF
THE GOTTBRATH FAMILY FARM, LLC CASE NO. PC-10-07
FOR REZONING
CERTIFICATION PURSUANT
TO I.C. 36-7-4 (600 Series)
(Favorable Recommendation)
WHEREAS, on May 25, 2010, the Jeffersonville Plan Commission considered an petition
filed by Gottbrath Family Farm, LLC requesting that the Rl (Low Density Residential) and R2
(Medium Density Residential) zoning for its 40.7 acre parcel 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 May 25, 2010; and
WHEREAS, the Plan Commission received evidence and information from the Petitioner's
representatives and spokespersons, received evidence and information from remonstrators (if any)
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 25th day of May, 2010, the Gottbrath Family Farm, LLC 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 R1 and R2 to C2. 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-10-07.
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 May 25,
2010.
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).
Dated this ~~ ~ day of J ~.~ ~ ~ , 20g ~ ~
I hereby, on this ~ ~ day of ~ ~ ~ ~ , 2010, do hereby certify that the facts
stated above are true and correct.
~f i r
Chairman
Jeffersonville Plan Commission
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