HomeMy WebLinkAbout2010-OR-41BEFORE THE COMMON COUNCIL
FOR THE CITY OF JEFFERSONVILLE,
INDIANA
ORDINANCE NO. 2010-OR- ~ I
AN ORDINANCE REZONING 0.19 ACRES FROM
Cl: SMALL TO MEDIUM SCALE GENERAL COMMERCIAL TO C2: MEDIUM TO
LARGE SCALE GENERAL COMMERCIAL
WHEREAS, the Jeffersonville Plan Commission has certified a favorable
recommendation to rezone 0.19 acres located at 1201 East Market Street from C1: Small To
Medium Scale General Commercial 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 Danielle Carrillo to rezone 0.19 acres from C 1:
Small To Medium Scale General Commercial to C2: Medium To Large Scale General Commercial
under Case Number PC-10-1 S.
3. The hearing on the rezoning request was held on August 3 1, 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 Danielle Carrillo, 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.
S. The 0.19 acre parcel of property as more particularly described in Exhibit A, attached
herewith and made a part hereof, shall be, and is hereby rezoned from C 1 to C2.
SO ORDAINED this 20th day of September, 2010.
COMMON COUNCIL FOR THE
CITY OF JEFFERSONVILLE,
INDIANA
COUNCIL PERSONS VOTING
IN FAVOR: COUNCIL PERSONS VOTING AGAINST:
ATTEST:
l.~-~~.rr~CQ,cJ
Clerk- e carer
APPROVED:
yor
Richard F'. Jonas
' CLARK COl)NTY RECORDER
Filsd for Rscord as Prsss~ted
I 201002950 Pags 1 of 3
C1 Date 02/17/2010 Tuns 10:36:06
UIT-CLAIM DEED
THI5 INDENTURE WIT 4Q026E for and Dt olnsideration of the s m f $1 00 andlothe~r
Fairway Lane, Goshen, Kentu ky
goad and valuable considerations, the receipt of which is hereby acknowledged,
QUIT-CLAIMS
to PBI Bank, Inc., 2500 Eastpoint Parkway, Louisville, Kentucky 40223, as grantee, the
following described real estate situated in Clark County, Indiana, to-wit:
Being a part of Lots 41 and 42 in the original Town of Port Fulton, now the City of
Jeffersonville, Clark County, Indiana and being further described as follows:
Beginning at a drill hole in concrete on the current southeastern Right-of--Way line of
High Street and the current southwestern Right-of--Way line of Main Street in said
City; Thence 5.30'59' 15"E., along the Right-of--Way line of said Main Street, 210
feet to a drill hole on the current northwestern Right-of--Way line of East Market
Street; Thence 5.59'09' W., along said northwestern Right-of--Way line, 310.98 feet
to a "MAG" nail an the line dividing Lots 42 and 43, THE TRUE PLACE OF
BEGINNING: Thence continuing 5.59'09'W., along said Right-of--Way line, l 10.35
feet to a point on a gas meter on the northeast Right-of--Way line of Jefferson Street;
Thence N.30'S9'15"W., along said Right-of--Way line, 85 feet to a drill hold in
concrete; Thence N.59'09'E., 110.35 feet to a drill hold in concrete on the line
dividing said Lots 42 and 43; Thence 5.30' S9' 15"E., along said dividing line, 85 feet
to the TRUE PLACE OF BEGINNING. Containing 9379 square feet and being
subject to all easements of record.
Common Address: 1201 East Market Street, Jeffersonville, Indiana
Subject to any and all easements and/or restrictions of public record which may apply to
the above real estate.
The Grantee, bof the 2009 realtestateet x esf due and payableun 2010a a nd all realaestate
spring/fall installment
taxes thereafter.
This conveyance is subject to any and all easements and restrictions of record in Clark
County which affect title to the above-described real estate.
l7l.l!Y tIVTt~;~l-~ : ~.:'`'~ I'~Xf1Vi[~i:
SUE3,,'~:i,i ~`.;;~ Fii•!At_ kCCF:P?P,J;;.
FEB 17 2010
i
^tii~ll't7tZ ~:;!_A%?K ~-:7liIVl `'
hereunto set its hand and seal thisG ~~~ay of
IN WITNESS WHEREOF, the Grantor has
February, 2010.
DIMITRO C.
By•
. ikolay D. Dimitrov
President
COMMONWEALTH OF KENTUCKY
COUNTY OF t3L1~~•ITT
The foregoing instrument was acknowledged before me and the consideration certificate
was subscribed and sworn to before me this ~L day of February, 2010, by Nikolay D.
Dimitrov as President of Dimitrov, Inc., on behalf of the corporation.
~` My Commission expires: `t o2, q~ ~ ~
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Notary Public
- ~ DECLARATION
The ut~lersirgned preparer of the documents attached hereto states in accordance with I.C. 36-2-7.5
that: ;, J
1. I have reviewed the attached documents for the purpose of identifying and, to the extent
permitted by Iaw, redacting all Social Security numbers; and
2. I have redacted, to the extent permitted by law, each Social Security number in the attached
document.
I affirm under the penalties for perjury that the foregoing statem are
Si~?ature
Name Printed
Date: t~ ~~ ~~v
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Eddie's Auto Sales
1201 East Market
Jeffersonville, IN 47130
- Property to be used for selling used cars
o Approximately 14 or less cars to be for sell at any given time
o Value of each car approximately $3000 to $6000
o Cars will be in good working condition and appearance
- Hours of Operation
o Office hours will be Monday thru Friday 8:00 am to S:OOpm, Saturday
10:00 am to 2:00 pm
o Hours will be posted on door of office
Exterior Building
o Front of building will remain current color of blue
o Left side of building will be painted dark blue to cover graffiti
o Bottom two panels of garage door windows will be painted black
o Blue paint on garage windows will be removed
o Glass windows on right side of building to be repaired/replaced
Interior Building
o Permanent office area 13'x13'
o Office area to be painted gray
o Office furniture to include desk, chairs, and file cabinets
o Office will contain working television, phone, computer, and fax
0 3 attached garage bays
- Public Restroom
o Unisex restroom available to patrons and staff
Display area for cars to be sold
o Cars will be parked in designated spaces measuring 8 feet wide and 17
feet long
o Approximately 10 spaces will be designated for displaying cars for sell
o Designated spaces will face Market Street
o Display lot will be restricted to display of motor vehicles only
o All vehicles on display will be for sale
Customer Parking
o Approximately 4 spaces will be designated for customer parking only
o Designated area will be located at left side of building
o Area will contain "Customer Parking" sign
o Spaces measure 10 feet wide and 18 feet long
- Parking lot
o Lot is paved with asphalt
o Lot will be sprayed with weed killer and sealant applied
o Lot will be repainted with parking spaces as shown on diagram
Landscape
o Weeds will be removed from entire property
o Paved corner area (21' x 15'ft x 15') of left front property will be removed
and two holly trees and liriope plants to be planted (see diagram)
o Paved area in front of property will be removed and landscape strip (3' x
40') will be placed with boxwood bushes and a Redbud tree (see diagram)
o Landscape will be maintained year-round
- Sign
o Monument style sign with business name and logo will be placed at left
front of building in landscaped corner area
o Sign dimensions are approximately 59.5 x 74.5 (see attached
documentation)
Lighting
o Down facing cutoff light fixtures to be placed at front right and left rear of
property
o Two down facing cutoff fixtures currently on front of building (see
attached pictures)
o Strip lighting on both sides of building (see attached pictures)
- Setbacks
o Concrete parking bumpers to be used in front of all cars
o All vehicles will be parked at least 8 feet from edge of paved surface of
road
- EntrancelExit
o Entrance/Exit to be marked with sign
o Located at left of building -Jefferson Street
o Measures 24 feet in width
- Other
o The business will meet all standards of the Bureau of Motor Vehicles
o There will be no lot storage of inoperable vehicles or outside storage of
materials
o There will be no outside bells, buzzers, or intercoms
o Property will be properly maintained in a clean, safe, and healthy
condition
2
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE PLAN COMMISSION
IN RE THE PETITION OF
DANIELLE CARRILLO
CASE NO. PG 10- 15
FOR REZONING
CERTIFICATION PURSUANT
TO I.C. 36-7-4 (600 Series)
(Favorable Recommendation}
WHEREAS, on August 31, 2.010, the Jeffersonville Plan Conllnission considered an
petition filed by Danielle Carrillo requesting that the C1: Small To Medium Scale General
Commercial 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; anti
WHEREAS, a0er proper notice in accordance with law, the Plan Commission held a
1)ub11C heal'111g On the l'CZOlllllg I'equeSt OIl AUgUSt 31, 2010; and
~VI-IEREAS, the Plan Commission received evidence anti information from the Petitioner's
representatives and spokespersons, received evidence and UlfOrll]atloll tC0111 1~en10llstl'atol'S or
citizens who were allowed to speak antler 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;
I"I' IS, THEREFORE, HEREBY CERTIFIED as follows:
l . On the 3lst day of August, 2010, the Petitioner, whose name(s) appear(s) on
Exhibit A attached herewith, filed a petition evith the Jeffersonville Plan Commission to change
d1e Jeffersonville Zone Map asking that the real estate desc--ibcd in the said petition be
reclassifie(1 from C1: Small To Medium Scale General Commercial to C2: Medium To Large
Scale General Commercial. The property which Petitioners seek to have rezoned is described or
sllown in Exhibit A, attached herewith and made a Dart hereof.
2. The Petitioner submitted the petition pursuant to 1114. Code ti 3G-7-4-ti02(c)(1)(B).
3. "C'he proposal was assigllcd Case No. PC-10-15.
4. In considering proposals for rezoning, pursuant to LC. 36-7-4-602(c)(3) and LC. 3G-7-
4-C03, the Plan Commission al]CI file Clty COUIICII 117LISt both pay reasonable regar(1 t0 (a) the
C0111111'e1lenSil!e pltlll; (b) CLIPCeIlt CO11d1tIOnS and the Cllal'aCtel' OfCUI'rCllt Stl'uCtureS F11H1 USeS Ill
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 tend
growth.
5. Notice was given and a public hearing was held on the Petitioner's rezoning proposal
under LC. 36-7-4-604, such public hearing having been conducted during the evening of August
31, 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 fiotn 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, lxn•suant to
Ind. Code 5 36-7-4-605(a}(3).
Dated this l 5th day of August, 2010.
I hereby, on this 15th day of August, 2010, do hereby certify that the facts stated above
are true and correct.
Cllall'lilall
Je#tersonville Plan Commission
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