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Home My WebLink About2010-OR-34BEFORE THE COMMON COUNCIL FOR THE CITY OF JEFFERSONVILLE, INDIANA ORDINANCE N0. _ ZOO ~,~ I~" / AN ORDINANCE REZONING 8.9 ACRES FROM Cl: SMALL TO MEDIUM SCALE GENERAL COMMERCIAL TO IS: INSTITUTIONAL WHEREAS, the Jeffersonville Plan Commission has certified a favorable recommendation to rezone 8.9 acres located at 3733 East Tenth Street from Cl :Small Ta Medium Scale General Commercial zoning to IS: Institutional zoning; and WHEREAS, the Common Council believes such recommendation is in the best interests of the Ciry; 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 T.C. 36-7-4-604 by the Jeffersonville Plan Commission on the request of Eastern Heights Southern Baptist Church to rezone 8.9 acres from Cl :Small To Medium Scale General Commercial to IS: Institutional. 3. The hearing on the rezoning request was held on July 27, 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 Eastern Heights Baptist Church, 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 8.9 acre parcel of property awned by the Eastern Heights Southern Baptist Church as more particularly described in Exhibit A, attached herewith and made a part hereof, shall be, and is hereby rezoned from C 1 to IS. SO ORDAINED this day of August, 2010. COMMON COUNCIL FOR THE CITY OF JEFFERSONVILLE, INDIANA COUNCIL PERSONS VOTING IN FAVOR: COUNCIL PERSONS VOTING AGAINST: ATTEST: Clerk-Treasurer APPROVED: d ~ ayor i~ 1 ~Jlru. ~--~-,.. •--~, . .. .~ ~.` ~1 r) r`[~ J f`il~ U '~ Lu V~ -;~; :_~~, ... KeyNo.: 11-17-08 and 11-17-09 Sh3rlsy Nolot CLRRK COUNTY fiilsd for Record as 1200600138 JW Dats 01/04/2006 RRCOROEft 4p P~~:snl,ed Pays 2 of 4 Tfms 12: 19: q2 Tax Statement Mailing Address: '3~ 33 l ~„ (0 2. ~'e~er-so^.n IP ~{'-1130 WAI~..RANTY DEED THIS INDENTURE WITNESSETH, that Bart A. Allen and Delilah T. Allen, husband and wife, whose address is 4202 East Highway 62, Jeffersonville, Indiana 47130, in Clark County, Indiana, as Grantors, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, the receipt of which is hereby aclmowledged, hereby CONVEY AND WA,RRAN'I' to Eastern Heights Southern Baptist Church, Inc., an Indiana non-profit corporation, having its principal office at 3733 Highway 62, Jeffersonville, Indiana 47130, in Clark County, Indiana, as Grantee, that certain real property located in Clark County, Indiana, more particularly described as follows: •'Being a part of Survey #23 of the Illinois Grant to Clark County, Indiana and being further described as follows: BEGINNING at a stone on the east comer of Ben Voigt's Partition as shown in Plat Boak 6, Page 65 of the Clark County Records; Thence 5.540 35'13"W. along the southeast line of said Voigt's Partition and said southeast line extended, 725.29 feet to the northeast line of a tract of land described in Computer File #200407630; Thence N.350 36'20"'W. along said northeast line, 416.77 feet to a steel pin on the eastern Right-of--Way line of State Highway #62; Thence N.0717 09'22"E. along said Right-of Way line, 488.98 feet to a steel pin on the southwest line of a tract of land described in Deed Drawer Il, Instrument 9835 of said County Records; Thence 5.600 35'56"E. along said southwest line, 316.71 feet to an iron pipe on a southeast line of said tract described in Deed Drawer 11, Instrument 9835; Thence N.88 ^ 12'21 "E. along said southeast Line, 315.68 feet to .., •.~"• ~;J ,=i v.J an iron pipe on the northeast line of said Voigt's Partition; Thence 5.35 05'38"E, (Basis of Bearings), along said northeast line, 31 S.S l feet to The PLACE OR BEGINNING; Containing 8.911 acres, more or Less, and being subject to all easements of record; COMMONLY KNOWN AS: 4202 East Highway 62, 7effersonville, Indiana 47130. 'I'bis conveyance is made subject to all applicable easements, rights-of--way, restrictions and agreements of record. Real estate taxes having been apportioned between Grantors and Grantee herein, Grantee hereby assumes and agi'ees to pay the real estate taxes for the year 2005, payable in 2006, and all subsequent real estate taxes. . IN WITNESS WHEREOF, Grantors have executed this deed this the 2151 day of December, 2005. Earl A. Allen Delilah T. Allen STATE OF INDIANA ) SS: COUNTY OF FLOYD ) BEFORE ME, the undersigned, a Notary Public in and for the above-named County and State, this 21st day of December, 2005, personally appeared Earl A. Alen and Delilah T. Alen, and aclrnowledged the execution of the foregoing Warranty Deed, and who, having been duly sworn, stated that the representations herein contained are true. WITNESS my hand and notarial seal. My Commission expires: Keith D. Mull, otary Public March 21, 2007 Resident of Floyd County, Indiana ~. , This instrument prepared by: Keith D. Mull GUA.RINO-SANDERS & MULL, P.C. 420b Chazlestown Road Suite 100 New Albany, Indiana 47150 (812) 94I-8980 .! (~ ~~1~.: 'man is ~~/i f(~ ~.. .. ~.~•~. • .3,Ji~•~~'~''.~~6~:y~s ' 3 Prescribed by the State Board of Accounts {2005) . Declaration County Form 170 This form is to be signed by the preparer of a document and recorded with each document in accordance with !C 36-2-7.5-5(a). 1, the undersigned preparer of the attached document, in accordance with lC 36-2-7.5, da hereby a#iirm under the penalties of ger}ury: 1. 1 have reviewed the attached document for the purpose o1 identifying and, to the extent permitted by law, redacting all Social Security numbers; 2. 1 have redacted, to the extent permitted by law, each Social Security number in the attached document. i, the undersigned, affirm under the penalties of perjury, that the foregoing decla ation are true. Signature of Declarant J t\ft~~ ~. Printed Name of Declarant s ~. ,. C asaa-eaz (zte) OZT4Y TN4IQHI ~S7'OdS'AN-'f0 srwa.~r 'rTae oz[ . saasxloria ~w,IrtnsNO~ ~DII 'ZtiYT 8 SS7(00,4 'IHO~PI 7 ~~ ~~ ~ ~ ~ }~ ~} 8 8 .p~~ ~~ ~ ~ BE ~~ a ~ ~ b 2 ~~ ~ 9~~~~ 3~ s ~ ~ % ~! x~ s t ~ x' ~ ~ ~ ~ ~~ ~ ~~=x i~ ~ ~ E ~ ~~ rF~ x `~ ~~ 3 ~ e~~~ 6 #sse~~~~~~ ~~ ~~ ~.~x8x ~~~ ~ 8 8 8 xx ~xr ~~ .ate 8~ ~$ ~ t ~ b. ~ ~~ ~. 01~ s I ~ ~ I~ `~ ' '~ \~ ~.~ YY ~~ +e ~ ~ sg 1 ~ ~~8 tI ~~ 9 ~d ~ ~ q i1 ~ a ~ gg ~~ i~ ~ ~ ~~ g~ ~~ ~e q i 1 ~o- ~~ is $t€ S I i(tO:IV'I 3i1S n~,ti+~osaa~asr ~ ~ ~ s ~ M it Y i p 1 ~~a ~. s i~ Bpi ; ~ ~ 4 ~ ~ Z ® ~ ~ ~ ~ ~~ i~~y ~ ~ ~ i ~~ ~r ~ ~i~~~~~~~~~i~~i a ~,f~~ Bar ~ ` ~~r ~. ~~~~~ R ~~ ~~~1 ~~ e ~ a ~;p s ~d~~7 0 4 ~ ~~ \ ~ ey ~ f. i ~'•`` ~` ~~a °~~ ~~~~~~; ~~~ ~ ~~a ~3~4~~~ r./I ~ Pyre ~ raa I ~~ ~~~ Ayµ/ O Na $ o ~ ~ u~wa+ois ~~ n;+~ ~ v s$ s ~ ~l / ,i M~~ s ~~ !~ ~~8 1 s r~ ~ ~~~ ~_ 1 ~!~~, A' t ~~ 4. 1 ~t u \~ B !, ~ I'~ ~~ ~,. Y T~~~ rw q Y, i n a y~Ahao 1~ mmwwl r ~~x ~ ~ ~~ ~6Q~ e~ a~ :r i !~ $ 9 STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION N RE THE PETITION OF EASTERN HEIGHTS SOUTHERi~I BAPTIST CHURCH CASE NO. PC-10-10 FOR REZONING CERTIFICATION PURSUANT TO I.C. 36-7-4 (600 Series} (Favorable Recommendation) WHEREAS, on July 27, 2010, the Jeffersonville Plan Commission considered a petition tiled by Eastern Heights Southern Baptist Church requesting that the C 1: Smal] To Medium Scale General Commercial zoning for its 8.9 acre parcel be changed to IS: Institutional 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 3uly 27, 2010; 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 27th day of July, 2010, 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 Cl:Small To Medium Scale General Commercial to IS: Institutional. 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-10-10. 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 vahtes throughout the jurisdiction; and. (e) responsible development and growth. S. notice was given and a public hearing was held on the Petitioner's rezoning proposal under I.C. 3E~-7-4-60~, such public hearing having been conducted during the evening of July 27, 2010. 6. Upon. consideration of the factors required by law, after having reviewed the petition and e:chibits thereto, after having reviewed any letters of support or protest, and after having heard from the Petitioner, any remonstrators ar 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 FAVORAF3LC recommendation. 7. "I`hc Petitioncr's proposal for rezoning as described in. Cxhibit A is being certified to the City Council with a FAVC3RABLL; recommendation from the Plan Commission, pursuant to Ind. Code § 3f~-7-4-605(a)(3). Dated this IOth day of August, 20I0. I hereby, on this IOth day of August, 2010, do hereby certify that the facts stated above are true and correct. ,, ~ ~ ~~ ; ~,~ ~~ , Vice Chairperson Jeffersonville Plan Commission .~ fires, ' Qr9o-eaa (ztal iv :mroradr Ntl"Id1f10Atl'I ~j.,rrh s eater vrmaw 'srunsnano MN :o3z~~a 91ts 51 ~9~~~~a, -„t'~ _.-- _.. i C anNZer use ozx ~ :,W,,~p tlNtlldN[~H`f'1[ANOSt17dd~t ~~ ~~- `~A ~ ~ sassruoNa orttxznsHOa •~tA 'ZNY'I >P 69HOO3 '~eoovt o~ox-sx-r Sew HOU[1FIOJ.SLLdtlflS1H0191i N2i8.1Stl3 6 ~~ G a ~ ~ e ~ e T 4 ~{ N C ~~ ~~ r t i 4 ~ ~ z ~~ `~` i ~ ~ ~ ~ F ~ 0~ < y ~~ Q ~~~~( ~~ t p~ 1 ~ ~ ~ t Y ~~~~~a~a~~ rs s ~ ~~~ ~~~~ ~ ~ a ;r ~~6 ~ ~ ~~~~~ ~~a:~i !}g P o~ p ~s ~i ~/ ~ it x c ~. ~~ R ~ > 1 '~ ~ ~~~, t 1 1 (1 ~ i= .~ ,} ~ ~t,~: L, ~ `~ ~~ ~ ~ / 4 5 ~ l~e~ ~ g j ~~ ~~1 s r s ~ i L 444 ! ,4 ~~~ ~ ~~ - ___~ ~ ~ tai ~~ ~~ ~ ~ ~` 1 ~ '~ d ~ 4 ~ ~1 ~~ ~ r ,~ bi ~ a F 1 arm ~ ~ i m ~ , ~ s $Y ~~ ~9 a. 9t. .~, i e. ~S ~ ~r 'r' 4 g ~ e98? .' \ ,1~ y ti ~J