HomeMy WebLinkAbout2011-OR-77 BEFORE THE COMMON COUNCIL
FOR THE CITY OF JEFFERSONVILLE,
INDIANA
ORDINANCE NO. 2011-OR-11
AN ORDINANCE REZONING 4.6 ACRES FROM
C1: SMALL TO MEDIUM SCALE GENERAL COMMERCIAL TO RI: LOW DENSITY
RESIDENTIAL
WHEREAS, the Jeffersonville Plan Commission has certified a favorable
recommendation to rezone 4.6 acres located at 5412 Highway 62 from CI: Small To Medium
Scale General Commercial zoning to R1: Low Density Residential 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:
I. In considering proposals for rezoning, pursuant to LC. 36- 7 -4- 602(e)(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 Sonya Mundy to rezone 4.6 acres from CI:
Small To Medium Scale General Commercial zoning to RI: Low Density Residential zoning
under Case Number PC- I1 -16.
3. The hearing on the rezoning request was held on November 29, 2011.
4. Upon consideration of the factors required by Iaw, 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 Sonya Mundy and any remonstrators or objectors, and after
consideration of the plan commission staff reports, the Nan 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 4.6 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 CI to R I.
SO ORDAINED this 19th day of December 2011.
COMMON COUNCIL FOR THE
CITY OF JEFFERSONVILLE,
INDIANA
COUNCIL PERSONS VOTING
LV FAVOR: COUNCIL PERSONS VOTING AGAINST:
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Sonja Mundy
5412 Hwy. 62
Jeffersonville, In. 47130
September 26, 2011
City of Jeffersonville •
Department of Planning & Zoning
500 Quartermaster Court, Suite 200
Jeffersonville, In. 47130
Dear Sr:
I am filing this application for the rezoning of my property located at 5412 Hwy 62,
Jeffersonville, In. 47130. I met with Vicky Haire in the Clark County Assessor office on
September 21, 2011. Upon her review of my property taxes it was determined that a
rezoning of my property was in order.
I am asking the City ofJeffersonville to rezone my property as follows:
1. Designate my home and one acre as residential home site with 5 acres as excess.
2. Designate the building leased to KM Venture and one acre of land as commercial.
As you can see from the aerial map (enclosed with this application) the large open area to
the south of the property is clear. It is used for nothing.
Therefore, upon Mrs. Haire's recommendation we have begun this rezoning process.
Sincerely,
Sonja Mundy
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE PLAN COMMISSION
IN RE THE PETITION OF
CASE NO. PC -11 -16
FOR REZONING
CERTIFICATION PURSUANT
TO I.C. 36 -74 (600 Series)
(Favorable Recommendation)
WHEREAS, on November 29, 2011 the Jeffersonville Plan Commission considered a
petition filed by Sonya Mundy requesting that the C1: Small To Medium Scale General
Commercial zoning be changed to RI: Low Density Residential zoning on a parcel of property
mom particularly described or shown on Exhibit A, attached herewith and made a part hereof; and
WIIEREAS, after proper notice in accordance with law, the Plan Commission held a
public hearing on the rezoning request on November 29, 2011; 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 November 2011, 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 RI: Low Density
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 -I 1 -16.
4. In considering proposals for rezoning, pursuant to I.C. 36.7.4- 602(o)(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 1.C. 36-74-604, such public hearing having been conducted during the evening of
November 29, 2011.
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- 74- 605(a)(3).
Dated this 13th day of December 2011.
I hereby, on this 13th day of December 2011 do hereby certify that the facts stated above
are true and correct.
4 R.. ice Chairperson
ersonvill= ' Commission
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