HomeMy WebLinkAbout2015-OR-34STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE 2015 -OR -
AN
ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF
PROPERTY LOCATED AT THIRTEEN PROPERTIES ON EAST 10TH STREET AND FULLY DESCRIBED
IN ATTACHED EXHIBIT A FROM M2, IS & C1 TO C2.
Whereas, Nicklies Development filed a petition before the Jeffersonville Plan
Commission to change the zoning map designation of the real property located at Thirteen
Properties on East 10th Street and fully described in the attached Exhibit A from M2, IS & C1 to
C2: Medium to Large Scale General Commercial; and,
Whereas, on June 30, 2015 the Jeffersonville Plan Commission has certified its favorable
recommendation of the enactment of this proposed zoning map designation change by
ordinance of this Common Council; and,
Whereas, this matter is now before the Common Council at its regular meeting after
certification of the proposed change of zoning map designation pursuant to the provisions of
I.C. 36-7-4-608(f)(1); and,
Whereas, this Common Council has timely posted notice of its intent to consider the
proposed change of zoning map designation at the regular meeting scheduled for July 20, 2015;
and,
Whereas, all interested persons having been given an opportunity to appear before this
Common Council and be heard regarding this matter as required by law.
Now, THEREFORE, BE IT ORDAINED by the Common Council of the City of Jeffersonville,
Indiana, that the zoning designation of the real property located at Thirteen Properties on East
10th Street and fully described in the attached Exhibit A is hereby changed from M2,15 & C1 to
C2: Medium to Large Scale General Commercial.
ITIS 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 cD day of July, 2015.
1
Common Council Of The City of Jeffersonville, Indiana
Vicki Conlin
City Clerk
VOTED AGAINST:
Lisa II, President
Presented to me as Clerk to the Mayor of said City of Jefferson ille this Q/
•
day of July, 2015.
Vicki Conlin
City Clerk
This Ordinance approved and signed by me this O I da
2015.
Prepared by:
Les Merkley
Corporate Counsel
2
Mike oore, Mayo
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE PLAN COMMISSION
IN RE THE APPLICATION OF
Nicklies Development (PC -15-22)
TO REZONE A CERTAIN TRACT
Thirteen Properties on East 10th Street Described in Exhibit A
FROMM2, IS, & C1 to C2 (Medium to Large Scale General Commercial)
CERTIFICATION OF FAVORABLERMFAVARABIrEiNG RECOMMENDATION
OF PROPOSED ORDINANCE
Whereas, Nicklies Development filed a petition before the Jeffersonville Plan
Commission to change the zoning designation of the property described in attached
Exhibit A (the "Property"), fromM2, Is, &c1 to C2; and,
Whereas, after proper notice by publication, the Jeffersonville Plan Commission
held a public hearing on the petition on June 30, 2 015 ; and,
Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission
voted by a majority vote of its entire membership to favorablykrnfaverablyAnet-
recommend the proposed change of zoning designation of the Property to the
Jeffersonville Common Council.
IT IS THEREFORE CERTIFIED that on June 30, 2 015 , the
Jeffersonville Plan Commission ..vw.(ol re 01MIAAe s Cy -0 that the Jeffersonville
Common Council enact by ordinance theiloroposed zoning designation change of the
property from M2, IS, &C1 to C2 as requested in the petition of
Nicklies Development
So certified this3oth day of June 2015
024/(47);
Brent Roberts
Chairman
Exhibit A
DESCRIPTION FOR REZONING
That part of Survey Number 22 of the Illinois Grant, Clark County, Indiana, being further described as
follows:
Beginning at a steel pin in concrete that marks the north corner of said Survey Number 22; Thence along
the dividing line of Survey Numbers 22 and 23, South 35 degrees 28 minutes 11 seconds East, 571.71 feet
to a steel pin and cap marking the north corner of Sellers Court (Plat Book 6, Page 57); Thence along the
northwest line of said subdivision, South 28 degrees 06 minutes 17 seconds West, 804.42 feet to a steel
pin and cap; Thence South 32 degrees 57 minutes 23 seconds East, 1521.47 feet to a steel pin on the
northwestern right-of-way line of East 101h Street (formerly known as State Highway 62); Thence along said
right-of-way line, South 23 degrees 21 minutes 39 seconds West, 756.98 feet to a steel pin with an
aluminum cap; Thence continuing along said right-of-way line, South 23 degrees 25 minutes 52 seconds
West, 236.50 feet to a steel pin with an aluminum cap; Thence leaving said right-of-way line, South 53
degrees 58 minutes 12 seconds West, 142:12 feet to an axle; Thence South 53 degrees 51 minutes 58
seconds West, 561.00 feet to a steel pin marking the east corner of Eastbrook Heights Subdivision (Plat
Book 10, Page 11); Thence along the northeast line of said subdivision, North 35 degrees 24 minutes 05
seconds West, 435.76 feet to a half-inch steel pin marking the east comer of Eastbrook Manor, Section II,
(Plat Book 10, Page 51); Thence along the northeast line of Eastbrook Manor, Section II, North 35 degrees
14 minutes 50 seconds West, 339.82 feet to a half-inch pin marking the east corner of Emerald Forest,
Section III, (Plat Book 10, Page 35), which is the south corner of a tract of land conveyed to Allen
(Instrument 200914017); Thence along the southeast line of said tract, North 54 degrees 28 minutes 21
seconds East, 148.44 feet to a steel pin and cap marking the east corner of said tract; Thence along the
northeastline of said tract, North 35, degrees 18 minutes 15 seconds West, 147.66 feet to a steel pin and
cap marking the north corner of said tract Thence along the northwest line of said tract, South 54 degrees
31 minutes 49 seconds West, 148.30 feet to a steel pin and cap marking the north corner of Lot 26 of the
above-mentioned Emerald Forest, Section III; Thence along the northeast line of said Emerald Forest,
Section III, North 35 degrees 14 minutes 50 seconds West, 54.00 feet to the east corner of Lot 27 of said
Emerald Forest, Section III; Thence along the southeast line of a tract of land conveyed to Allen (Instrument
200914018), North 54 degrees 34 minutes 44 seconds East 148.22 feet to a steel pin and cap marking the
east corner of said tract; Thence along the northeast boundary of said tract and a tract of land conveyed
to Cheatham (Instrument 200911139), North 35 degrees 17 minutes 38 seconds West, 142.117 feet to a
steel pin and cap marking the north corner Cheatham; Thence along the northwest line of Cheatham,
South 54 degrees 29 minutes 52 seconds West, 148.10 feet to a steel pin and cap marking the north comer
of Lot 28 of Emerald Forest, Section III; Thence along the northeast line of Emerald Forest Section III,
North 35 degrees 14 minutes 50 seconds West, 515.14 feet to a half-inch pin and cap marking the north
corner of Emerald Forest, Section III, which is on the eastern right-of-way line of the CSX Railroad; Thence
along said eastern right-of-way line, North 22 degrees 45 minutes 17 seconds East, 943:41 feet to a steel
pin; Thence continuing along said right-of-way line, North 22 degrees 54 minutes 03 seconds East, 1604.26
feet to a steel pin and cap; Thence leaving said right-of-way line, North 54 degrees 52 minutes 57 seconds
East, 167.23 feet to the Point of Beginning.
The above-described tract of land contains 81.304 acres, which is subject to all rights -of -ways and
easements, whether of record or not.
The above described tract is comprised of the following properties:
Robert L. Waiz, Robert L Waiz, Jr. and William J Waiz, Sr. — Deed Drawer 29, Instrument 1400
Lander and Miller Enterprises, Inc. - Deed Drawer 28, Instrument 20349
62 Ventures, LLC — Instrument 201018304
Henry J. Stewart — Instruments 200624029 through 200624033
Charles Insurance Company — Instrument 201420064
James H. Allen and Wilma A Allen — Instrument 200914019
STAFF REPORT
Department of Planning & Zoning — Plan Commission
Case Number:
Petitioner:
Location:
Parcels:
Request:
Council District:
Hearing Date:
PC -15-22
Nicklies Development
3713 — 3813 E 10th Street
Thirteen included — see attached list
Rezone 13 parcels from various zones to C2 (Medium to Large
Scale General Commercial)
#4 (Connie Sellers)
June 30, 2015
Rezoning Request
Nicklies Development, LLC, filed a rezoning application for thirteen properties
along East Tenth Street. The properties are addressed 3707, 3715, 3733, 3735,
and 3813 East Tenth Street and contain 81.304 acres. The properties are
currently zoned M2 (Medium Density Multifamily Residential), C1 (Small to
Medium Scale General Commercial), and IS (Institutional Uses). The requested
zoning is C2 (Medium to Large Scale General Commercial). These properties
are in the Commercial Corridor Overlay District which requires all new
development to be approved by the Plan Commission at a public hearing.
Zoning Change Procedure
The Jeffersonville Zoning Ordinance and Indiana State Statute IC 36-7-4 outlines
that the following should be considered when the Plan Commission is reviewing
a Rezoning Request:
• The Comprehensive Plan;
• Current conditions and character of structures and uses in each district;
• The most desirable use for which the land in each district is adapted;
• The conservation of property values throughout the jurisdiction; and
• Responsible development and growth.
Page 1 of 14 PC -15-22: Nicklies Development Rezoning
Propert Location
Subject property — 81.3
acres
Emerald Forest
Subdivision
Rolling Ridge
Subdivision
Figure 1: Vicinity Map
Comprehensive Plan & Planning Districts
The Jeffersonville Comprehensive Plan's places this property within the
Suburban Marketplace & Suburban Neighborhood planning districts. The
Suburban Marketplace district is described as follows:
"The Suburban Marketplace Corridors are generally located along major
roadways with well-defined beginning and ending points and established
depths along the length of the corridor. The pattern of development is
distinguished by a mixture of medium to high intensity uses. Accommodations
for transit users, bicyclists, and pedestrians are encouraged in an effort to
attract a variety of users as well as to minimize automobile dependency and
traffic congestion. Connectivity to nearby uses should be encouraged.
Developers should be encouraged to design new commercial development in
compact groups of buildings, which use the same curb cut, share parking,
have a common freestanding sign identifying the uses and have a common
buffering or streetscape plan with respect to any abutting uses of lower
density or intensity. This form may include medium to high-density residential
uses that are designed to be compatible with both the non-residential uses
along the corridor and the lower density residential uses in adjacent form
districts. Medium density residential uses may serve as a transition area from
lower to higher density residential uses and should be encouraged in this
form. Proposed new commercial uses are encouraged to locate within the
boundaries of existing corridors. Reuse of locations within existing corridors
is preferred over expansion of a corridor. Proposals to expand defined
corridors represent significant policy decisions. When considering proposals
that result in an extension of suburban marketplace corridors, particular
emphasis should be placed on: (a) use or reuse of land within existing
Page 2 of 14 PC -15-22: Nicklies Development Rezoning
corridors; (b) potential for disruption of established residential neighborhoods;
and (c) compliance with the site and community design standards of the
development code."
The Suburban Neighborhood district is described as follows:
"The Suburban Neighborhoods District is characterized by predominately
residential uses that vary from low to high density and that blend compatibly
into the existing landscape and neighborhood areas. High Density uses will
be limited in scope to minor or major arterials and to areas that have limited
impact on the low to moderate density residential areas. The Suburban
Neighborhoods District will contain diverse housing types in order to provide
housing choices for differing ages and incomes. New neighborhoods are
encouraged to incorporate these different housing types within a
neighborhood as long as the different types are designed to be compatible
with nearby land uses. These types may include, but not be limited to large lot
single family development with cul-de-sacs, neo -traditional neighborhoods
with short blocks or walkways in the middle of long block to connect with other
streets, villages and zero -lot line neighborhoods with open space, and high
density multi -family condominium style or rental housing.
The Suburban Neighborhoods District may contain open space and, at
appropriate locations, civic uses and neighborhood centers with a mixture of
uses such as offices, retail shops, restaurants and services. These
neighborhood centers should be at a scale that is appropriate for nearby
neighborhoods. The Suburban Neighborhoods District should provide for
accessibility and connectivity between adjacent uses and neighborhoods by
automobile, pedestrian, bicycles and transit.
Neighborhoods streets may be either curvilinear, rectilinear or in a grid pattern
and should be designed to invite human interaction. Streets are connected and
easily accessible to each other, using design elements such as short block or
bike/walkways in the middle of long blocks to connect with other streets.
Examples of design elements that encourage this interaction include narrow
street widths, street trees, sidewalks, shaded seating/gathering areas and bus
stops. Placement of utilities should permit the planting of shade trees along
both sides of the street."
Page 3 of 14 PC -15-22: Nicklies Development Rezoning
_ Downtown Historic District
�j Primary Gateway - 10th St.
';',/,,-;/;4 Primary Gateway - 14th St.
Primary Gateway - 6th St.
Primary Gateway - Court Ave.
Primary Gateway - Eastern Blvd.
11111 Regional Marketplace Center
- Suburban Marketplace
Suburban Neighborhood
- Suburban Workplace
11111 Traditional Marketplace
11111 Traditional Neighborhood
- Traditional Workplace
Subject property
Figure 2: Planning District Map
Zoning
Most of the properties are zoned M2 (Medium Density Multifamily Residential)
which is intended for apartment complexes with up to 8 apartment units per acre.
The following table provides a list of the properties and their current zoning. The
requested zoning is C2 (Medium to Large Scale General Commercial). The
vacant land across 10th Street is zoned C2.
Page 4 of 14
Figure 3: Zoning Map
PC -15-22: Nicklies Development Rezoning
Parcel #
10-19-02-200-419.000-009
Area (acres)
30.08
Current Zoning
M2
10-19-02-200-401.000-009
17.98
M2
10-19-02-200-386.000-009
1.52
C1
10-19-02-200-364.000-009
1.17
IS
10-19-02-200-811.000-009
6.18
M2
10-19-02-200-387.000-009
14.56
M2
10-19-02-200-365.000-009
2.20
M2
10-19-02-200-366.000-009
0.09
M2
10-19-02-200-367.000-009
0.10
M2
10-19-02-200-368.000-009
0.92
M2
10-19-02-200-369.000-009
0.75
M2
10-19-02-200-418.000-009
0.83
M2
10-19-02-200-385.000-009
4.76
M2
Attachments
1. Letter of Intent
2. M2 District Intent
3. C1 District Intent
4. IS District Intent
5. C2 District Intent
6. Land Survey
Page 5 of 14 PC -15-22: Nicklies Development Rezoning
NICKLIES
DE1'ELoP v1LNT
` n, /, Z'f
Dear Mr. Corbin and Members of the City of Jeffersonville Planning Commission,
It is with great pleasure and respect for your City that we request a zoning change for
properties in order to position them for redevelopment. We anticipate following up the
rezoning with a development plan and a list of uses and locations in concert with your
rules and regulations for growth and development.
Please accept this LETTER OF INTENT; to rezone 13 Parcels along East Tenth Street.
Nicklies Development (hereinafter "Nicklies"), seeks to rezone 13 parcels of
land containing approximately 81.375 acres, more or less, and as identified by the
following Parcel Numbers, in the City of Jeffersonville, State of Indiana 47130:
1. Parcel # 10-19-02-200-419.000-009 (current zoning M2)
2. Parcel # 10-19-02-200-401.000-009 (current zoning M2)
3. Parcel # 10-19-02-200-386.000-009 (current zoning IS)
4. Parcel # 10-19-02-200-364.000-009 (current zoning C1)
5. Parcel # 10-19-02-200-811.000-009 (current zoning M2)
6. Parcel # 10-19-02-200-387.000-009 (current zoning M2)
7. Parcel # 10-19-02-200-365.000-009 (current zoning M2)
8. Parcel # 10-19-02-200-366.000-009 (current zoning M2)
9. Parcel # 10-19-02-200-367.000-009 (current zoning M2)
10. Parcel # 10-19-02-200-368.000-009 (current zoning M2)
11. Parcel # 10-19-02-200-369.000-009 (current zoning M2)
12. Parcel # 10-19-02-200-418.000-009 (current zoning M2)
13. Parcel # 10-19-02-200-385.000-009 (current zoning M2)
from their existing zoning classification to a C2 District Classification (Medium to Large
Scale Commercial) so that it may position these Parcels for development with the goal
of bringing new business, tax dollars and conveniences to the City of Jeffersonville, IN.
PROPERTY DESCRIPTION AND EXISTING ZONING CLASSIFICATION
The subject properties are located on the Northwest side of East 10th Street between
Candy Lane and a residential subdivision on the South end, in the City of Jeffersonville,
Indiana. Each property is zoned as listed above, 1 through 13.
Page 6 of 14 PC -15-22: Nicklies Development Rezoning
APPLICANT
The applicant is Nicklies Development, LLC.
PROJECT DESCRIPTION
Applicant intends to rezone the properties for future development. The anticipated
development would contain commercial, office and residential components. Appropriate
buffers will be placed between the development and the residential properties to the
South and West as agreed upon by the Applicant and the City of Jeffersonville.
Compliance with Applicable Local and State Rules and Regulations
The requested rezoning and associated land use discussed herein are in compliance
with the applicable Jeffersonville Zoning Code, and development policies contained
within the Comprehensive Plan.
The requested rezoning and proposed map amendment conform to State requirements
as the proposed development can be found in agreement with the applicable guidelines
and policies contain in the Comprehensive Plan. Furthermore, it has been determined
that existing and future development efforts associated with the East -end Bridge and
the City of Jeffersonville's robust redevelopment efforts are affecting the economic,
physical, and social makeup of this area.
Economic Growth and Sustainability
The parcels chosen for rezoning will accommodate a development that will enable
primary and secondary job creation in close proximity to existing social and economic
infrastructures. To this end, the proposed development adheres to the policies designed
to promulgate by the City of Jeffersonville. In addition to landowner input and Planning
Department recommendations the following practices, ideas, and community benefits will
be implemented.
• The rezoning of the parcels will accommodate development that will help keep
dollars in the community.
• The rezoning will provide a conduit for development to share the tax burden for
public facilities maintenance and neighborhood programs.
• The future development of the parcels will attract new investment dollars adjacent
to a major economic thoroughfare connecting Jeffersonville to the City of Louisville.
• The future development will provide management level and entry-level positions.
• The rezoning will assist in preserving existing standards of living over time.
• The rezoning will provide shovel ready ground for new services and products not
previously available in a timely manner to nearby citizens.
• The rezoning will afford the City of Jeffersonville another opportunity to create a
positive environment.
Page 7 of 14 PC -15-22: Nicklies Development Rezoning
Land Classifications
Jeffersonville's Zoning Code provides that provisions regulating the C2 District should not
overly restrict normal business practices and can be used adjacent to other zone districts
if properly designed.
The property proposed for rezoning will allow for development to locate on a site that will
enable proper and direct access to a major arterial and where nuisances and activities of
the future development will not adversely affect adjacent areas. In addition to Planning
Department recommendations the following practices, ideas, and community benefits will
be implemented.
• The rezoning may enables residents and future employees to minimize vehicular
miles traveled, as well as total travel time, in order to minimize air pollution and to
conserve fuel.
• The rezoning will increases opportunities for pedestrian and bicycling facilities,
while providing a compact work place destination for area residents.
• The properties proposed for rezoning are located to take advantage of the existing
transportation system to complement the overall development of the area and
minimize additional roadway construction.
• The location hopes to encourage mixed uses to allow integration of residential,
employment and commercial centers.
• The properties proposed for rezoning are located where adequate access exists
for employees and for product movement.
• The Applicant has agreed to work with The City of Jeffersonville in its effort to
create improvements to adjacent roadways.
The proposed properties for rezoning are situated so that they will (1) enable proper
stormwater handling and release management that will not adversely affect adjacent and
downstream properties; (2) provide for necessary upgrades to area -wide water storage
and distribution; (3) create opportunities for passive open space; (4) provide for utility
installations with access to a major arterial roadway. The following practices, ideas, and
community benefits will be implemented.
• Future development will provide, as required, for the orderly expansion of water
supply and sewerage systems within the community to meet the needs of
current and future residents while taking into consideration the impacts of cost,
public health, surrounding land use, and environmental impacts.
• Future development will participate, as necessary, with the renovation and
improvement of existing water supply and sewerage collection systems in the
existing area, to provide for additional sanitary sewer capacity and reliability.
• Future development will comply with all applicable local, state, and federal laws
and regulations on water and sewerage planning collection, distribution and
management.
• Future development will meet the intent that full consideration is given to issues
of orderly expansion of the City of Jeffersonville's land use and public health
plans, as well as capital programming and jurisdictional water supply/water
quality management.
• The properties chosen for rezoning are located where water and sewer
services exist and can be extended or upgraded systematically in concert with
the availability of other public facilities and neighborhood needs.
• Future development will make land available for public infrastructure, as
necessary.
Mr. Corbin and Commission Members thank you for the time you took to review this
request and for the guidance provided throughout this process.
Sincerely,
NICKLIES DEVELOPMENT
Jim Calvery, Vice President
Page 9 of 14 PC -15-22: Nicklies Development Rezoning
M2 District
3.11 M2 District Intent, Permitted Uses, and Special Exception Uses
istrrct,Intent
CjaJ.E ceptto "
3-12
Page 10 of 14
Jeffersonville Zoning Ordinance
PC -15-22: Nicklies Development Rezoning
"Cl" District
4.13 "C1" District Intent, Permitted Uses, and Special Exception Uses
me
4-14
Page 11 of 14
Jeffersonville Zoning Ordinance
PC -15-22: Nicklies Development Rezoning
"IS" District
4.1 "IS" District Intent, Permitted Uses, and Special Exception Uses
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Page 12 of 14
Jeffersonville Zoning Ordinance
PC -15-22: Nicklies Development Rezoning
"C2" District
4.15 "C2" District Intent, Permitted Uses, and Special Exception Uses
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PC -15-22: Nicklies Development Rezoning
CITY OF JEFFERSONVILLE
DEPARTMENT OF LAW
Les Merkley, Corporation Counsel/Director of Legal Affairs
812-285-6493 office
812-285-6403 fax
www.cityofjeff.nct
Jeffersonville City Hall
500 Quartermaster Court, Suite 250
Jeffersonville, Indiana 47130
BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA
IN THE MATTER OF THE ORDINANCE
CHANGING THE ZONING MAP
DESIGNATION OF A CERTAIN TRACT
OF PROPERTY LOCATED AT THIRTEEN PROPERTIES ON EAST 10TH STREET
AND FULLY DESCRIBED IN ATTACHED EXHIBIT A
FROM M2, IS, & Cl TO C2
NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP
DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT
THIRTEEN PROPERTIES ON EAST 10TH STREET AND FULLY DESCRIBED
IN ATTACHED EXHIBIT A FROM M2, IS, & C1 TO C2
Notice is hereby given that the City of Jeffersonville has filed Ordinance with the
Jeffersonville City Council, Jeffersonville, Indiana asking for a change in the zoning map
designation of a certain tract of property located at Thirteen Properties on East 10th Street
and fully described in Exhibit A from M2, IS & Cl to C2 -Medium to Large Scale
Commercial.
A public hearing will be held on July 20, 2015 at 7:00 p.m. in the City Council
Chambers, 1st floor, City Hall, 500 Quartermaster Court, Room 101, Jeffersonville,
Indiana at which time and place all interested persons will be heard in reference to the
matters set out in said ordinance.
An equal opportunity employer.
Les Merkley
City Attorney
Jeffersonville City Hall
500 Quartermaster Court
Jeffersonville, IN 47130
(812) 285-6423