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Home My WebLink About2003-OR-41 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE NO. 2003-OR- 41 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY BEING PART OF SURVEY NO.'S 34 AND 35 OF THE ILLINOIS GRANT FROM M2: MULTIFAMILY RESIDENTIAL AND CI: SMALL TO MEDIUM SCALE GENERAL COMMERCIAL TO C2: MEDIUM TO LARGE GENERAL COMMERCIAL. Whereas, Armstrong Family Trust and the Mary G. Armstrong By-Pass Trust filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property described in the attached Exhibit "A" fi*om M2: Multifamily Residential and Ci: Small to Medium Scale General Commercial to C2: Medium to Large General Commercial; and, Whereas, on November 25, 2003, the Jeffersonville Plan Commission voted to favorably recommend the proposed rezoning and has certified to the Council a favorable recommendation concerning the proposed change to the City's zoning map; and, Whereas, this matter is now before the Common Council at its first regular meeting after certification of the proposed change of zoning map designation pursuant to the provisions on 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 Decamber 1, 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 THEREFORE, BE IT ORDAINED by the Common Council of the City of Jeffersonville, Indiana, that the zoning designation of the real property comprising 14.517 acres, more or less and described in the attached Exhibit "A" is hereby changed from M2: Multifamily Residential and CI: Small to Medium Scale General Commercial to C2: Medium to Large General Commercial; and 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 ~A,~ day of December 2003. COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, - x, T~omas P~. ~al~lga~, l~:esiding O ATTEST: Clerk Treasurer Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this ~ffA~ day of December 2003. IX ~ - Peggy Wil~&) - Clerk-Treasurer This Ordinance approved and signed by me this--~/h~ day of December 2003. .. PARCEL I The following Is a legal description prepared this a legal description prepared this 4~ day of November, 2003, of real property being a part of Surveys #34 and #35 of the Illinois Grant, Jeffersonvllle Township, Clark County, Indiana, more particularly described as follOws: Commencing at the Northernmost comer of Survey#21 of the Illinois Grant, thence along the common line between Survey#21 and Survey #30 of the Illinois Grant, North 55' 04' 07" East 49.17 feet, thence leaving said line North 35° 14' 17" West 49.57 feet to a #5 relnfomlng bar with a yellow plastic cap stamped, "Prlmavera S0t31", at the point of beginning, this type of monument hereinafter referred tO as a capped reinforcing bar, thence along the Easterly right of way of Armstrong Road as follows: North 35' 14' 17" West 207.88 feet to a capped reinforcing bar, thence along a tangent curve to the right (s. ald curve having a radius of 4t0.00 feet, a chord direction of NOrth 27~ 25' 35" West, a chord length of 111.45 feet) a distance of 111.80 feet, thence'leaving said right-of-way North 60° 00' 22" East 828.24 feet; thence South 39° 10' 16" East 280.41 feet to a capped reinforcing bar on the right of way of Jeffersonville-Charlestown Pike, thence along said right of way as follows: South 77° 53' 28'* West 31.90 feet to a Capped reinforcing bar, thence South 55' 3t' 07" West 489.21 . feet to a capped reinforcing bar, thence South 74' 22' 21" West 41.54 feet to a capped.reinforcing bar, thence South 55* 33' 47" West 301.55 feet, to the point of beginning, containing 4.321 Acres, more or less In said Survey #34, i .418 ACres, more or less, In said Survey#35, containing In all 5.739 Acres, more or less. Being subject to all easements, restrictions, and dghts of way of record, PARCEL 2 The following is a legal description prepared this 26~ day of August, 2003, of real property being a part of Survey//34 of the Illinois Grant, Jeffersonville Township, Clark County, Indiana, behlg depicted as Tract//1 on a survey by Paul Primavera and Associates, Inc., lob No, 01-8484, more particularly described as follows: Commencin~ at the Northernmost comer of Survey//21 of the Illinois (trant, thence along the common line between Survey #21 and Survey #34, South 54' 49' 57" West 224.91 feet to a p.k. nail at the point of beginning, thence continuing along said line South 54' 49' 57" West 276.89 feet to a road nail, thence North 36' 06' 54" West 746,94 feet to a #5 reinforcing bar with a yellow plastic cap stamped, "Prlmnvem S0131"+ this type of monument hereinaRer referred to as n capped reinforcing bar, at the South comer of that property conveyed to Fore Armstrong Apartments, Limited Partnership, in lm. tmment #3218371 in the O~ce of the Recorder of Clark COunty, Indiana, thence along the Southeast line of said property North 53° 53' 06" East 772.54 feet to a capped reinforcing bar on the Southwest fight of way of Arrasirong Road, thence along said Southwest right of way as follows: South 13' 43' 24" West 178.85 feet to a capped reinforcing bar, thence nlong a tangent curve to the let~ (said curve having a radius of 510.00 feet, a chord direction of South 10' 45' 26" East, a chord length of 422.67 feet) a distance of 435.81 feet to a capped reinforcing bar, thence South 35° 14' 17" East 193.86 feet to a capped reinforcing bar, thence South 08' 26' 46" West 17,49 feet to a capped reinforcing bar on the Northwest right of way of New Albany-Charlestown Pike, thence leavin8 said Southwest right of way along said Northwest right of way South 54' 49' 36" West 161.93 feet to a capped reinforcing bar~ thence South 35' 10' 03" East 50.58 feet, to the point of beginning, containing 8.778 Acres, more or less. Being subject to the prescriptive fight of way of New Albany-Charlestown Pike and all easements~ restrictions, and rights of way of record. STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF ARMSTRONG FAMILY TRUST AND THE MARY G. ARMSTRONG BY-PASS TRUST TO REZONE A CERTAIN TRACT OF PROPERTY WITH THE ADDRESS OF 3017 CHARLESTOWN PIKE FROM M2:MULTIFAMILY RESIDENTIAL AND C1: SMALL TO MEDIUM SCALE GENERAL COMMERCIAL TO C2: MEDIUM TO LARGE GENERAL COMMERCIAL CERTIFICATION OF FAVORABLE RECOMMENDATION_ OF PROPOSED ORDINANCE. Whereas, Armstrong Family Trust and the Mary G. Armstrong By-Pass Trust filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the properties described in attached Exhibit "A" (the "Properties"), the address which is 3017 Charlestown Pike from M2: Multifamily Residential and C 1: Small to Medium Scale General to C2: Medium to Large General Commercial and; Whereas, afrer proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on November 25, 2003; and, Whereas, at the conclusion of the heanng the Jeffersonvflle Plan Comrmss~on voted by a majority vote of its entire membership to favorably recommend the proposed clmnge of zoning designation of the Property to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on November 25, 2003, the Jeffersonville Plan Commission favorably recommended that the Ieffersonville Common Council enact by ordinance the proposed zoning designation change of the properties described herein: the address which is 3017 Charlestown Pike from M2: Maltifamily Residential and C 1: Small to Medium Sca.~le GanerSt°~: Medium to Large General Commercial and; ~.~ ~ S° certified this 25th day °f N°vember 2003' //~ f~J/' 3~/overt, Chairma~ PARCEL 1 The following Is a legal description prepared this a legal description prepared this 4th day of November, 2003, of real property being a part of Surveys #34 and #35 of the Illinois Grant, Jeffersonvl!le Township, Clark County, Indiana, more particularly described as follows: Commencing at the Northernmost corner of Survey#21 of the Illinois Grant, thence along the common line between Survey#21 and Survey #30 of the Illinois Grant, North 55° 04' 07" East 49.17 feet, thence leaving said line North 35' 14' 17" West 49.57 feet to a #5 reinforcing bar with a yell°w plastic cap stamped, "Prlmavera S0131", at the point Of beginning, this type of monument hereinafter referred to as a capped reinforcing bar, thence along the Easterly right of way of Armstrong Road as follows: North 35* 14' 17" West 207.88 feet to a capped reinforcing bari thence along a tangent curve to the right (s, ald curve having a radius of 4t0.00 feet, a chord direction of North 27' 25' 35" West, a chord length of 111.45 feet) a distance of 111.80 feet, thence leaving said right-of-way North 60° 00' 22" East 828.24 feet; thence South 39° 10' 16" East 280.41 feet to a capped reinforcing bar on the right of way of Jeffersonvllle-Charlestown Pike, thence airing said right of way as follows: South 77° 53' 28~ West 31.90 feet to a Capped reinforcing bar, thence South 55' 31' 07" West 489.21 feet to a capped reinforcing bar, thence South 74' 22' 21" West 41.54 feet to a Gapped.reinforcing bar~ thence South 55' 33' 47" West 301.55 feet, to the point of beginning, containing 4.321 Acres, more or less In said Survey #34, i .418 Acres, mote or less, In said Survey#35, containing In all 5.739 Acres, more or less. Being subject to all easements, restrictions, and dghts of way of record, I .E, XHIBIT PARCEL2 The following is a legal description prepared this 26~ day of August, 2003, of real property being a part of Survey//34 ofth~ Illinois Grant, ~effersonville Township, Clark County, Indiana, being depicted as Tract #1 on a survey by Paul Primavera and Associates, Inc., Sob No, 01-8484, more particularly described as follows: Commencing at the Northemmo.~t comer of Survey #21 of the Illinois Grant, thence along the common line between Survey//21 and Survey//34, South 54' 49' 57" West 224~91 feet to a p.k. hall at the point ofbeg/rming, thence continuing along said line South 54' 49' 57" West 276.89 feet to a road nail, thence North 36' 06' 54" West 746.94 feet to a//5 reinforcing bar with a yellow plastic cap stamped, "Primavera 80131', this typo of monument hereinaRer referred to as a capped relnforeing bar, at the South comer of that property conveyed to Fore Anmtreng AparUnents, Lknited Partnership, in Instn~raent//3218371 in the Office of the Recorder of Clark COunty, Indiana, thence along the Southeast line of said property North 53' 53' 06" East 772.54 feet to a capped reinforcing bar on the Southwest right of way of Armstrong Road, thence along said Southwest fight of way as follows: South 13' 43' 24" West 178.85 feet to a capped reinforcing bar, thence alob. g a tangent curve to the leR (said curve having a radius °fSl0o00 feet, a chord direction of South 10' 45' 26" East, a chord length of 422.67 feet) a distance of 435.81 feet to a capped reinforcing bar, thence South 35' 14' 17" East 193.86 feet to a capped reinforcing bar, thence South 08' 26' 46" West 17,49 feet to a capped reinforcing bar on the Northwest right of way of New Albany-Charlestown Pike, thence leaving said Southwest right of way along said Northwest fight of way South 54' 49' 36" West 161.93 feet to a capped reinforcing bar~ thence South 35' 10' 0Y' East 50.58 feet, to the point of beginning, containing 8.778 Acres, more or loss, Being subject to the prescriptive right of way of NeTM Albany-Charleswwn Pike and all easement$~ restrictions, and rights of way of record, NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAP Notice is hereby given that on December 1, 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 M2: Multifamily Residential and C I: Small to Medium Scale General Commercial to C2: Medium to Large General Commercial. DESCRIPTION OF PROPERTY LOCATED IN THE CITY OF JEFFERSONVILLE PROPERTY ADDRESS: BEING PART OF SURVEY NO.'S 34 AND 35 OF THE ILLINOIS GRANT, WITH AN ADDRESS OF 3017 CHARLESTOWN PIKE The Jeffersonville Plan Commission made a favorable recommendation concerning the adoption of an ordinance enacting this proposed change of zoning map designation after notice and hearing on November 25, 2003. All interested persons are invited to attend and be heard regarding this matter. This Jeffersonville Common Council meeting may be continued from time to time as found necessary. The Jeffersonvitle Common Council may take official action at the conclusion of debate at this meeting. Such notice given and posted this 26h day of November 2003. Peggy Wilder Jeffersonville Clerk-Treasurer