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HomeMy WebLinkAbout2003-OR-01 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE NO. 2003 OR- 1 AN ORDINANCE CHANGING TIlE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY BEING PART OF SURVEY NO. 4 OF TIlE ILLINOIS GRANT, FROM MI: LIMITED MULTIFAMILY RESIDENTIAL AND RI: LOW DENSITY RESIDENTIAL TO M2: MULTIFAMILY RESIDENTIAL Whereas, James Weber filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property described in the attached Exhibit "A" from MI: Limited Multifamily Residential and RI: Low Density Residential to M2: Multifamily Residential; and, Whereas, on January 28, 2003 the Jeffersonville Plan Commission has certified a unfavorable 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 February 3, 2003 at 7:30 o'clock p.m.; 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, TIIEREFORE, BE IT ORDAINED by the Common Council of the City of Jeffersonville, Indiana, that the zoning designation of the real property described in the attached Exhibit "A" is hereby denied. This ordinance shall be in full force and effect upon its adoption. SO ORDAINED this .c~ day of Febmary 2003. COMMON COUNCIL OF THE CITY/~F JEFF,B~tS)~N/~I~E,~INDIANA Presiding ~)fficer ATTEST: Peggy ~v'l'?c~i ..... Clerk / Treasurer Presented by me as Clerk and Treasurer to the Mayor of said City of Jeffersonville this ~ day of February 2003. Peggy ~i~ader Clerk / Treasurer This Ordinance approved and signed by me this,,~ ]0¢ day of Febru~ 2003. k, Ttoni~s R. Galhg~n,' ' CAPTION OF ABSTRACT OF TITLE to the following described real estate in Clark County, Indiana, to-wit Being a part of Survey #4 of the Illinois Grant to Clark County, Indiana and being further described as follows: Beginning at an iron pipe on the east corner of Lot No. One (1) of Cherokee Terrace as shown in Plat Book 6, Page 209 of said county records) thence S. 40° E., 422.11 feet to a railroad spike in the centerline of Utica Pike; thence N. 49° 40' 40" E., along said centerline, 185.00 feet to a railroad spike, THE TRUE PLACE OF BEGINNING, thence continuing N. 49°. 40' 40" E., along said centerline, 42.28 feet to a railroad spike; thence S. 40° 02' E., 549.6 feet, more or less, to the line dividing the State of Indiana and the Commonwealth of Kentucky; thence southwesterly along said dividing line, 42.8 feet, more or less to a point; thence' N. 40° W., 545 feet, more or less, to THE TRUE PLACE OF BEGINNING. Containing 0.533 acres, more or less, and being subject to all legal highways. Also: Being subject to a flowage easement to the United States of America. Also: Being subject to a part of, and the right to use, the following described roadway easement: Beginning at an iron pipe on the east corner of Lot No. One (1) of Cherokee Terrace as shown in Plat Book 6, Page 209 of said county records; thence S. 40° E., 422.11 feet to a railroad spike in the centerline of Utica Pike; thence continuing S. 40° E.', 315.00 feet to THE TRUE PLACE OF BEGINNING. Thence N. 61° 17' 43" E., 415.39 feet to a point; thence S. 40° 02' E., 50.99 feet to a point; thence S. 61° 17' 43" W., 415.42 feet to a point; thence N. 40° W., 50.99 feet to THE TRUE PLACE OF BEGINNING. Containing 0.477 acre, more or less, in this roadway easement. Also: the right to use for ingress and egress, the following described roadway easement: Being a part of Survey #4 of the Illinois Grant to Clark County, Indiana and being further described as follows: Beginning at an iron pipe on the east corner of Lot #1 of Cherokee Terrace as shown in Plat Book 6, Page 209 of said county records; thence S. 40° E., 447.11 feet to an iron pin in the southern Right-of-Way line of Utica Pike, THE TRUE PLACE OF BEGINNING. Thence continuing S. 40° E., 60.99 ~eet to a point; thence S. 81° 43' 48" W., 117.57 feet to said southern Right~of-Way line; thence N. 50° 29' E., 100.00 feet along said Right-of- Way line to the TRUE PLACE OF BEGINNING. Containing 0.07 acre, more or less, and being subject to all easements of record. from December 30, 1918, to the date hereof. K'OVERT_HAWK I NS MULTIFAM~Y LOW I M2:MUL'['IFAMI,I.:,Y toM2: ~ 'mattachedExhbst A [the Mulfifamily Resideraial~attd Kl: Low Dewily Residential ~ Cot"9 mls$1Ol'l Council- Plau Commissio r~qucst to enact NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAt' Notice is hereby given that on Monday, February 3, 2003 at 7:30 o'clock p.m. in the Multi-Purpose Hearing Room on the Third Floor of the City-County Building at 501 East Court Avenue, Jeffersonville, Indiana, the Common Council of the City of Jeffersonville, Indiana, intends to consider an ordinance, which, if adopted, would change the zoning map designation of the following described property from MI: Limited Multifamily Residential and R1: Low Density Residential to M2: Multifamily Residential. DESCRIPTION OF PROPERTY LOCATED IN THE cITY OF JEFFERSONVILLE PROPERTY ADDRESS: A certain tract of property being part of Survey//4 of the Illinois Grant to Clark CountY, Indiana. The address of this property is: 2614 Utica Pike. The Jeffersonville Plan Commission made an unfavorable recommendation concerning the adoption of an ordinance enacting this proposed change of zoning map designation after notice and hearing on January 28, 2003. All interested persons are invited t6 attend and be heard regarding this matter. This Jeffersonville Common Council meeting may be continued from time to time as found necessary. The Jeffersonville Common Council may take official action at the conclusion of debate at this meeting. Such not~ce g~ven and posted th~s 29 of January 2003. Peggy Wilder Jeffersonville Clerk-Treasurer