HomeMy WebLinkAbout2024-OR-22 Ordinance Changing the Zoning Map on Property Located in the 1800 Block of Charlestown-New Albany Road (from C1 to M1) STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE 2024-OR-
AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF
PROPERTY LOCATED IN THE 1800 BLOCK OF CHARLESTOWN-NEW ALBANY ROAD AND FULLY
DESCRIBED IN ATTACHED EXHIBIT A FROM C1-COMMERCIAL-MEDIUM SCALE TO M1-MULTI-
FAMILY RESIDENTIAL-SMALL SCALE
Whereas, Klein Homes, LLC filed a petition before the Jeffersonville Plan Commission to
change the zoning map designation of the real property located in the 1800 Block of
Charlestown-New Albany Road and fully described in the attached Exhibit A from C1-
Commercial-Medium Scale to M1-Multi-Family Residential-Small Scale and,
Whereas, on March 26, 2024 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 April 1, 2024;
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 on a portion in the 1800 Block
of Charlestown-New Albany Road and fully described in the attached Exhibit A is hereby
changed from Cl-Commercial-Medium Scale to M1-Multi-Family Residential-Small Scale.
IT IS 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 1st day of April, 2024.
Common Council of the City of Jeffersonville, Indiana
V TED FO • VOTED AGAINST:
(),J .
�-- Dustin White, President
ATTEST: � ,� •- .
Lisa G
City Clerk
Prepared by:
Les Merkley
Corporate Counsel
CITY OF JEFFERSONVILLE
DEPARTMENT OF LAW
Les Merkley,Corporation Counsel/Director of Legal Affairs
00'Y OA,
uu
y• \'�, 812-285-6493 office
Ut w \ °� 812-285-6403fax
W www.cityofjeff.net
'<:c•• -4\ Jeffersonville City Hall
500 Quartermaster Court
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 IN THE 1800 BLOCK OF CHARLESTOWN-NEW ALBANY
ROAD AND FULLY DESCRIBED IN ATTACHED
EXHIBIT A FROM Cl (COMMERCIAL-MEDIUM SCALE)To Ml (MULTI-FAMILY
RESIDENTIAL-SMALL SCALE)
NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP
DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED IN THE 1800
BLOCK OF CHARLESTOWN-NEW ALBANY ROAD AND FULLY DESCRIBED IN
ATTACHED EXHIBIT A FROM Cl (COMMERCIAL-MEDIUM SCALE)TO Ml
(MULTI-FAMILY RESIDENTIAL-SMALL SCALE)
Notice is hereby given that the City of Jeffersonville has filed an Ordinance with the
Jeffersonville City Council,Jeffersonville, Indiana asking for a change in the zoning map
designation of a certain tract of property located in the 1800 Block of Charlestown-New Albany
Road as recommended by the Plan Commission from C1(Commercial-Medium Scale) to Ml
(Multi-Family Residential-Small Scale)
A public hearing will be held on Monday,April 1,2024 at 6:00 pm 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.
3I)91116 —
Les Merkley
Corporation Counsel
Jeffersonville City Hall
500 Quartermaster Court
Jeffersonville, IN 47130
(812)285-6423
POSTED AND EMAILED ON March 27, 2024
TO THE FOLLOWING:
Via Email to: dsuddeath@newsandtribune.com
Via Email to: newsroom(.newsandtribune.com
Posted to: www.citvotjeff.net
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE PLAN COMMISSION
IN RE THE APPLICATION OF:
Klein Homes,LLC I PC-24-10
TO REZONE CERTAIN TRACT:
10-21-02-000-232.000-009
FROM:
C1 (Commercial-Medium Scale)to M1 (Multi-Family Residential-Small Scale)
CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION
OF PROPOSED ORDINANCE
Whereas, Klein Homes, LLC filed a petition before the
Jeffersonville Plan Commission to change the zoning designation of the property
described in attached Exhibit A (the "Property"), from Cl to M1 ;
Docket Number PC-24-10 ; and,
Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a
public hearing on the petition on March 26,2024 and,
Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a
majority vote of its entire membership to favorably/unfavorably/not recommend the
proposed change of zoning designation of the Property to the Jeffersonville Common
Council.
IT IS THEREFORE CERTIFIED that on March 26,2024 , the Jeffersonville Plan
Commission circle one):
Favorably Recommends / UrYfavorably Recommends/ Provides NO Recommendation
that the Jeffersonville Common Council enact by ordinance the proposed zoning
designation change of the property from C1 to M1 as requested in the petition of
Klein Homes, LLC I PC-24-10
So certified this 26th day of March 7 2024
Chairman
G,T y �� Plan Commission
.4.4r►W Staff Report
_.. March 26, 2024
Case No: PC-24-10
L.. VI W Location: 1.51 acres, 1800 block of Charlestown-New
�� ��..�...�...... ."1--
Albany Road
Applicant: William Sprigler
T J� Current Zoning: Cl (Commercial — Medium Scale)
F14SQN Proposed Use: Single Family Residential
Council District: District 2— Bill Burns
Request
Rezone property from Cl (Commercial — Medium " _ - t
Scale) to M1 (Multi-Family Residential — Small
.
Scale). .4, ,
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i.e r '�,{ •4
lr \` r ,/ i �t�e
Case Summary N.
The applicant is proposing to rezone a portion of ''
the property from C1 to M1 to facilitate an 7-unit ";1
expansion of the Mystic Falls development, which ok. ,` =-.
is already zoned M1. 4 ti •
Staff Finding/Opinion _ r
The proposed rezoning is an expansion of the 'A , 1
existing Mystic Falls subdivision. The proposal - _ "'` ""�'_
aligns with the Future Land Use Map and meets - --- - . '•• _, "1 _-,; , =
the goals set forth for the planning district in which 4'oaRvin .. '` " `� ____
the property is located. The proposed expansion
will be similar to the rest of the Mystic Falls subdivision in scale and form. Staff approves of this
rezoning request.
Criteria for Consideration
The Jeffersonville Zoning Ordinance and Indiana State Statute IC 36-7-4-603 outlines that the following
shall 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.
Required Action
Make a motion to forward this rezoning to the Jeffersonville City Council with one of the following
options: Favorable Recommendation, Unfavorable recommendation, or No Recommendation.
Recommended motion
"I make a motion to forward the rezoning request (PC-24-10) to the Jeffersonville City Council with
[insert recommendation]as presented to the Plan Commission on March 26, 2024.
Page 1 of 10 PC-24-10
Staff Analysis for Change in Zoning
The following is a summary of staff's analysis of the proposed development as it relates to the land use
and development policies of the Comprehensive Plan and Unified Development Ordinance:
Current Zoning and UDO Zoning District Intent
t .
Current Zoning •
The subject property is shown in the zoning map
to the right. The property is currently zoned C1
(Commerical — Medium Scale). The abutting
properties are zoned M1 (Multi-Family— Small •
Scale) to the South and East, C1 (Commercial — 4- 7,.
Medium Scale) to the West and North, and C2
(Commercial — Large Scale) to the North.
District Intent: Existing
The "Cl" (Commercial - Medium-Scale) District is
intended to provide a land use category for most small
scale general business uses. This district can be used adjacent to all commercial, industrial, and
multifamily residential districts. Adequate buffering should be provided where
located adjacent to any single family residential district.
A number of residential uses have been listed as a special exception in the C1 district and may be used
to create mixed-use commercial and residential districts within the city and/or help rejuvenate aging
commercial corridors.
The Plan Commission and Board of Zoning Appeals should not encourage "strip development," rather
development in clusters that share resources and minimize the cost of public utilities and services. The
Plan Commission and Board of Zoning Appeals should also strive to minimize lighting, parking lots
fronting major streets, and traffic conflicts in the C1 District.
District Intent: Proposed
The M1 (Multi-Family: Small Scale) District is intended to provide a land use category for small-scale
multifamily residential development. Such developments should consist of no more than four dwelling
units in a single building on an individual lot. The M1 district is applicable to new and existing
developments. The zone district may be used for a single, isolated lot, but it may also be used to create
larger developments comprised of similarly small lots.
Where small isolated projects occur (e.g. a new duplex in an existing residential neighborhood) the
Plan Commission should strive to ensure that development is generally compatible with the surrounding
properties. Where M1 subdivisions are created, Jeffersonville's Plan Commission and Board of Zoning
Appeals should exercise greater caution in order to protect the quality of life of adjacent property
owners.
Future Land Use Map and Planning Districts
This property has a Future Land Use classification of Mixed Neighborhood. Mixed neighborhoods are
primarily residential in nature. They contain a mix of single and multi-family uses but also have other
commercial, industrial, and institutional uses scattered throughout. The residential nature of these
areas should be preserved, however, some densification of residential uses may occur throughout.
Small-scale commercial areas may be preserved, but not significantly expanded upon. Legacy
industrial uses in the area should also not be allowed to expand significantly and, when abandoned,
should be encouraged to transition away from industrial use.
Page 2 of 10 PC-24-10
AIL r/ ` ICI i \'.`
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FUTURE LAND USE
%j t: `—— Commercial Corridors
r r -- �� f ', Downtown Mixed Use
^ '- g -' ‘s ,/ s i 7 '1 r r industrial
' .__t f -. :,, , f) ' , , Industrial/Commercial
40e Mixed Use
1 - � � , '
Mixed Neighborhood
+�2 �� y-' Residential Neighbhorhood
Future Land Use Map
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Planning Districts Map
The project falls into the West Jeffersonville Planning District on the Planning Districts Map. The
following is description of this Planning District from the Comprehensive Plan.
Planning District 6: West Jeffersonville
The West Jeffersonville Planning District is primarily organized along Hamburg Pike, Charlestown Pike,
and Veterans Parkway. This area has been developed almost entirely after 1970 and continues to be
developed today. There is a mix of uses in the District, but unlike Districts 1 and 2, these uses are
highly compartmentalized into industrial parks, commercial centers, and residential neighborhoods. The
District should be seen as mostly stable except for the areas around Veterans Parkway that are
continuing to develop. The following goals are established for Planning Area 6:
• Support mixed-residential and commercial development at Jeffersonville Town Center and
adjacent parcels around the Hamburg Pike and Veterans Parkway intersection
• Promote neighborhood-friendly development and densification along Veterans Parkway,
Hamburg Pike and Woehrle Road corridors
Page 3 of 10 PC-24-10
• Support infill development and redevelopment elsewhere where sensible. Uses and
development standards should align with adjacent, similarly-zoned parcels to the greatest extent
possible
• Support industrial development where established along Hamburg Pike. Consider changes to
zoning north of 1-265 that allow for further industrial development
• Ensure that any new developments or building additions within existing residential
neighborhoods are appropriate in elements such as scale, form, and setbacks;
• Reserve open space within new developments for recreational uses which serve local residents.
Open spaces should be well connected to the street network to ensure public use
Additional Notes
• None
Attachments
1. Letter of Intent
2. Current Zoning Layout
3. Proposed Zoning Layout
4. Area to be Rezoned
5. Proposed Plat
Letter of Intent
Letter of intent(written)
Ladies and Gentlemen.
My client is requesting a change in zone for property zoned C-1 located on the west side of Mystic Falls Drive and its intersection with Charlestown-New Albany
Road. The purpose of the zone change will allow my client to construct a single-family residential development This development will be high quality and an asset to
the community and match the present zoning of adjacent properties.
Please call or email with any further questions or comments.
Page 4 of 10 PC-24-10
Current Zoning Information
Cl District (Commercial - Medium Scale) ci
3.4 Cl District Intent, Permitted Uses,and Special Exception Uses
District Intent Permitted Uses Special Exception Uses
The"C1"(Commercial-Medium Commercial:General Commercial:Auto&Vehicle
Scale)District is intended to provide •artisan studio/artisan center • auto body repair shop
a land use category for most small • barber/hair salon/nails/tanning,etc. •auto repair,major"
scale general business uses.This • bank/credit union/ATM3 •auto rental
district can be used adjacent to all • building/landscape/civil contractor •auto sales(open air,limited or no
commercial,industrial,and multi- (no outdoor storage) services)
family residential districts.Adequate • coin laundry • auto wash
buffering should be provided where • child care center/day care • small engine repair
located adjacent to any single family • clothing alterations/shoe repair Commercial:Food Sales/Service
residential district. •dry cleaning service • convenience store with gas pumps
A number of residential uses have • health spa Commercial:General
been listed as a special exception • hotel or motel • building/landscape/civil contractor
in the C1 district and may be used • medical/dental/physical therapy/ (with outdoor storage)
to create mixed use commercial chiropractor office •funeral home/mortuary
and residential districts within the • pet care/grooming(no outdoor • retail 3(with outdoor product sales)
city and/or help rejuvenate aging kennels) • sign fabrication
commercial corridors. • photography studio •storage:indoor6
• professional office' Commercial:Recreation/Fltness
The Plan Commission and Board • print shop/copy center • marina
of Zoning Appeals should not • retail 1,4,or 51 •outdoor entertainment venue4
encourage"strip development," •temporary service agency Communications/Utilities
rather development in clusters that •tattoo studio/piercing shop • public well
share resources and minimize the •temporary service agency •telecommunication facility
cost of public utilities and services. •veterinarian office/hospital Institutional/public facilities
The Plan Commission and Board of Commercial:Recreation/Fitness • church/temple/mosque,etc.
•
Zoning Appeals should also strive • banquet hall •substance abuse treatment-
to minimize lighting,parking lots • bar/night club/cigar bar4 outpatient(counseling only)'
fronting major streets,and traffic • cross fit/training center •government offices
conflicts in the Cl District. •dance/aerobics/
gymnastics/martial • library
arts studio • post office
•fitness center/gym Residential uses'
•fraternal organization/lodge/private • assisted living facility
Permitted Uses club • co-housing community
• indoor entertainment venue14 • dwelling:duplex
Commercial:Auto&Vehicle •theater,indoor4 • dwelling:multi-family 3-4 units
•auto accessory installation Institutional/Public Facilities •dwelling:multi-family 5-6 units
• auto repair,minor' • school,higher ed.-single facility •dwelling:multi-family 7-12 units
• auto parts sales Miscellaneous •dwelling:multi-family>12 units
Commercial:Food Sales/Service • accessory uses • dwelling:single family
• butcher shop/meat market • child care/day care:owner occupied • nursing home
• convenience store without gas pumps •senior living/retirement community
• drive thru/drive in restaurant
•food service:small scaler
•food hall/farmers market"
•grocery store Additional Notes:
• micro-brew/distillery lltd production)Z 1. See definition(s)in Article 12
• restaurant pub 2. Production area limited to 2,000 square feet
3. With or without drive-thru
4. Not adult entertainment uses
5. Residential uses shall have an average minimum floor area of 800 square feet per
unit,with 400 square feet the absolute minimum
6. Less than 40%of building and not located on street front
7. See Article 8.10 for addtional standards.
3-8 Jeffersonville Unified Development Ordinance
Page 5 of 10 PC-24-10
Cl District (Commercial - Medium Scale) ,ci
3.5 C1 District Development Standards
Lot Dimensions Setbacks Other Requirements
Lot W,dth -
•
RearYard�--�
( /�..r ( (� Acwsdory
,.,y Structures
Lot - — _7'' Side �. Primary —
Area ^ Yard -- - Structure II
, ,
, .
tl--r' it Semadc
0 r 1 O.[7 jt,
,,,
Pmpnfr I AP 1, 4
Line ' Lint
Building Front Yard Coverage
Envelope Sethatll
- —Lot Frontage- RO W —..: R O.W. R.0 W.
�/-
P.O.W.=As Del o.on 1"180,01gr1rme Pt. P.O.W.=As Dein.on I-oroughhre Pl. ROW.-M JohnW on ThororpM•n Pt•n
Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage:
• 20,000 sq.ft. • 30 ft.when adjacent to an arterial • 70%of the lot area
Minimum Lot Width: • 20 ft.when adjacent to a local street Minimum Main Floor Area:
• 70 ft. Minimum Side Yard Setback: • 1.000 sq.ft.for primary structures
Minimum Lot Frontage: • 20 ft. for the Primary Structure'z Maximum Main Floor Area:
• 70 feet • 8 ft.for an Accessory Structure3 • 20.000 sq.ft.for primary structures
Minimum Rear Yard Setback:
• 20 ft. for the Primary Structure's
• 8 ft.for an Accessory Structure3
Height Miscellaneous Notes:
1.. Side and Rear Yard Setbacks may be reduced to 10 feet where they abut
Hoary Stotduros another commercially or industrially zoned property
2. Side and Rear Yard Setbacks for residential buildings(not mixed use)
rn.h•rrrai
is °m"i oh nen•� may be reduced to 10 feet regardless of the neighboring zone district
°" 3. Side and Rear Yard Setbacks may be reduced to 5 feet where they abut
another commercially or industrially zoned property
Bulking 4. Primary Structure Height for buildings containing residential uses may
Height
be increased to 35 feet.
Flat Roof Structures Gale Roof Structures
(frorn highest (from highest gale roof)
sector of let roof)
Maximum Structure Height:
• Primary Structure:30 ft.°
• Accessory Structure:20 ft.
See Article 6 for subdivision regulations
See Article 7 for additional development standards
See Article 8 for additional use-specific standards
Article Three:Zone Districts 3-9
Page 6 of 10 PC-24-10
Proposed Zoning Information
M1 District (Multi-Family - Small Scale) m;
3.24 M1 District Intent, Permitted Uses,and Special Exception Uses
District Intent Permitted Uses Special Exception Uses
The M1(Multi-Family-Small Scale) Residential Communications/Utilities
District is intended to provide a land •child care/day care(owner • telecommunications facility(other
use category for small-scale multi- occupied) than microcellular)
family residential development. • dwelling:duplex Institutional/Public Facilities
Such developments should consist • dwelling:multi-family-3 to 4 units • church,temple,or mosque
of no more than four dwelling units •dwelling:single family Residential Uses
in a single building on an individual •dwelling:single family,attachedl • bed and breakfast
lot. • residential clubhouse/community • co-housing community
The M1 district is applicable to new room2 • dwelling:multi-family-5-6 units3
and existing developments.The zone • residential facility for Miscellaneous Uses
district may be used for a single, developmentally disabled/mentally • home occupation#2
isolated lot,but it may also be ill(4 bedrooms or less)
used to create larger developments •senior living retirement
comprised of similarly small lots. community2
Where small isolated projects occur Miscellaneous Uses
(e.g.a new duplex in an existing • child care/day care:owner occupied
• home occupation#1
residential neighborhood)the Plan
Commission should strive to ensure
that development is generally
compatible with the surrounding
properties.
Where M1 subdivisions are created,
Jeffersonville's Plan Commission
and Board of Zoning Appeals should
exercise greater caution in order to
protect the quality of life of adjacent
property owners.
Additional Notes:
1. 200'maximum building length for all attached units,refer to Article 6 for
subdivision of lots
2. Only where a multiple-lot M1 subdivision is created.
3. Shall only be granted for a single stand alone property(e.g.a large home
in the downtown converted into smaller units)
3-28 Jeffersonville Unified Development Ordinance
Page 7 of 10 PC-24-10
M1 District (Multi-Family - Small Scale) Mi
3.25 M1 District Development Standards
Lot Dimensions Setbacks Other Requirements
Lot Width
Rear Yard '
.. _ '1 Setback,+, f'�
'' J () ) t' 7"., (9 Accessory`-+
(.-j ( 1 `✓ ( ✓W`� Structures f.
-.
Lot - rt i' Side .,. Old PrYnary - m �`
Area i Yard - I�_.; �ro _.
etback
0 p _ t
.i.
0op
__, 1
0,F ij-il
ik •
.. ..
A Pi 1.,
Building Front Yard Coverage
Envelope Setback
1
— Lot Frorrage
--ROW RO.W. R.O W.
I I
f20.W.=As Darned on Thoroughfare PIn ROW.=As Dena]on Thoroughfare Plan R.O.W_-As Definad on Thoroughfare Pin
Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage
• 5.000 sq.ft.(stand alone property) • 30 ft.when adjacent to an arterial • 65%,of the lot area
• Average of 7.500 sq.ft.(in multi-lot • 20 ft.when adj.to a local street or Minimum Residential Unit Size
development) average setback whichever is less • 700 sq.ft.average per dwelling
Minimum Lot Width: Minimum Side Yard Setback: unit in with 400 sq.ft.the
• 30 ft.(stand alone property) • 5 ft.for the Primary Structure) minimum3
• 50 ft.(in multi-lot development) • 2 ft.for an Accessory Structure2 Maximum Primary Structures
Minimum Lot Frontage: Minimum Rear Yard Setback: • 1 Primary Structure
• 30 ft.(stand alone property) • 15 ft.for the Primary Structure Maximum no.of Dwelling links
• 40 ft.(in multi-lot development) • 2 ft.for an Accessory Structure2 • 4 dwelling units(6 with special
exception)
Height Miscellaneous Notes:
1. In multi-lot developments,side yard setbacks for primary structures
Accessory Structures shall be increased to 10 feet.
��� 2. In multi-lot developments,side and rear yard setbacks for accessory
rnoscr•roe"' structures shall be increased to 5 feet.
nsemp chimneys are
ewe. 3. The minimum residential unit size in the Downtown and Adjacent
Neighborhoods may be reduced to an average of 500 square feet with
°e° Bulking 400 square feet the minimum.
Height •
4. Buildings may utilize third floor loft or attic-like spaces under a pitched
Flat Roof Structures cable Roof Structures roof.
(from highest (from hest gale roof)
section of flat roof)
Maximum Structure Height:
• Primary Structure:35 ft.
• Accessory Structure:18 ft.
Maximum Stories
• 2 stories' See Article 6 for subdivision regulations
See Article 7 for additional development standards
See Article 8 for additional use-specific standards
Article Three:Zone Districts 3-29
Page 8 of 10 PC-24-10
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