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HomeMy WebLinkAbout2004-OR-28 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE NO. 2004-OR- 28 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY BEING A CERTAIN TRACT OF PROPERTY LOCATED IN SURVEY 21 OF THE ILLINOIS GRANT CONTAINING 3.579 ACRES WITH THE ADDRESS OF 2326 CHARLESTOWN NEW ALBANY PIKE FROM IS: INSTITUTIONAL TO CI: SMALL TO MEDIUM SCALE GENERAL COMMERCIAL. Whereas, David Reed has 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 IS: Institutional to C1: Small to Medium Scale General Commemial; and, Whereas, on April 27, 2004 the Jeffersonville Plan Commission 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 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 May 17, 2004 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 described in the attached "Exhibit A" is hereby changed IS: Institutional to CI: Small to Medium Scale 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 /1 day of May 2004. THE CITY/OF JEFF.~/S~ILLE, INDIANA{ -///4 Robert L ~ 'z, J ~. W/aiz, Jr. Presiding Officer ATTEST: Peggy ~ Clerk-Treasurer Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this 2~ day of May 2004. p eg~y-Xa~!~%r) Clerk-Treasurer This Ordinance approved and signed by me thi(o ~ / orJ ~004. Robert L.'Waiz, J May WARP~AI~ITY DEED ENTUP~E W!T~rESSETH, tha~ Joseph L. Cu.ndiff and his wife, of Clark County, Indiana, as grantors, %n consideration of the stum. of One Dollar ($1.00) and other [~able considerations, the receipt of ~..~hich is hereby [0wledged, CONVEY AND WAP, P~A~NT Christian Church, an Indiana Not-For-Profit Corporation. Indiana whosa mailing address is 1411 Dove Drive, lo, Indiana, as grantees, the following described real estate in Clark Conunty, Indiana, To-wit: A part of Survey No. 21 of the Illinois Grant in Jeffersonville To~rnship of Clark County, Indiana, being a part of the same land conveyed to Joseph and Ethel Cu~ndiff aT Deed Drawer 1, ~ ~ instrument 8150 and bounded as follows: Co~encing a~ an iron spike in the center- line 6f the New Albany and Charlesto~.~n ~, Pike which ~marks the west corner or ~:~.' · ~ Illinois Grant ~ Survey No. 21 of ~he , ~,, thence the following courses: North 54 degrees, 46 minutes, 34 seconds East, 1,833.15 feet with said centerline, being the northwesterly line of Survey No. 21 to ah iron spike, the north corner of John Woehrle's 30 acre tract (Deed Record 186, page 437) and which is the True p~ace of be=~nn~ng; thence the fo!Eowing courses o~ the boundary: North ~4 eegrees 46 minutes 34 seconds East, 572.22 feet with said northwes~erz5 line of Survey ~P. 2i and the cen~er of said spike no an iron spike, the west corner of a R9.745 acre tract; South 35 degrees 20 minutes 59 seconds East, 19.10 feet with the southwesterly line of said 29.745 acre tract to an iron p~.pe; South 35 degrees 20 minutes 59 seconds East, 742.6.Z-fae-t with the southwesterly line of sai~29.7'~iacre ~ract no an iron pzn: Soutl~'--degrees 46 minutes 34 seconds 571.51 = zees, severing the land of the grannor to gn iron pin in John Woehr!a~s easterly line; :~o~:~ ~'-n 35 ~_oree~= o 2/`. minutes 12 secor, ds l'.~es · ' no~.Theas,.er~y l~-ne of 737.85 feet w~_tn the ' ~ ~' ' tb 30 acre tract to an iron pzpe; 24 minutes 12 seconds West, the. northeasterly line of zle's 30 a~ ~c~ to t~e ~e ~,ia~e and ~ontaining 10.000 acres ~f land. :tm for the bearings used in the above )nion is the true meridian as obtained by a~tronomical observation. ject to an easement reserved un~o the grantors herein, said easement is ted (10) feet wide and is reserved for sewer and drainage, described · as follows: The northeasterly ten (10) feet of th~ above described 10.000 acre tract. Als0 an additional temporary' easemeDt for the purpose of allowing workin= s~ace foJ' the installation of sewersOin,rthe abg~e described ten (10) foot wide easement. Said [emporary il be twent' five (25) feet wide and ad~ distance of 761. tine cf the New · to the s0utheas~ ?described 10.000 ac SuBject also to the the- New Albany and Charle~ t~i~i~·~ J~fferJon~ilie and Chat ::~ i This oonveyance is made subject ~o all appl'i6able 'easements - :d restrictions of record· The grantees assume and agree to oay ~e S'"'' .nptall- of real estate taxes for the year 1977, payable in May,' 1978, ;~;~nd all subsequent real estate taxes. II': WiT~ESS ~{ER. EOF, the said grantors have hereunto set hands 'this /~7 day of .7~2-~,~/~z:~g 1977. -2- 8122829:~9i TO 2856~68 P.O~/OS Whereas, David Commission to change attached Exhibit "A" (th containing $.57g aores Pike from IS: I and; IN RE THE APPLI DAVID REED TO CERTAIN TRACT OF LOCATED IN SURVEY: THE ~ ILLINOIS GRANT )RESS "'" 3.$79 ACRES WITH THEi :: OF 2326 CHAE, LESTOWN NEW ,, FROM IS::I~STITUTIONAL ~ TO C1: SMALL TO MEDiU~ S~LE GENE~L COMMERCIAL ~ '~,~ ~ ; - --'-'~ RE MMENDATiON ~ OF . :~ ~lan flied a petition before designation of t real estate in Ioca~ in SuWeY 2~ of the Illin0is Grant , address which is 2326 ChafleSto~n New Albany Small to Medium Scale Gene~[:~qmmercial ,e. ffersonv!l · Plan ~i~_'.4i and,otice by publication, the J ;aHng on the petition on April 27, Whereas, at th~C0~clus~°n of the hearing the ~lan Commission voted by a majority vote of its entire , rD oSed Change of zoning designation of recommend thep P _~,. il Jeffersonvi te Common ~jo.un¢ · :: IT IS THEREFORE CERTIFIED that on , recommended th Whereas, Commission held Plan Commission Council enact by property Pike from iS; Institutic and; ; tile proposed zoning the address which is 2326 , C1: Small to Medium Scale d~y of April 2004. to the jeffersonville the Albany So certified PRGE.84 NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING Notice is hereby given that on May 17, 2004 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 tc consider an ordinance, which, if adopted, would change the zoning map designation of the following described property from M2: Multifamily Residential to PD-M2: Planned Developmenr, fMultifamily. DESCRIPTION OF PROPERTY LOCATED IN THE CITY OF JEFFERSONVILLE PROPERTY ADDRESS: Located in Survey 21 of the Illinois Grant containing 3.579 acres with the address of 2326 Charlestown New Albany 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 April 27, 2004. 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 Jeffersonville Common Council may take official action at the conclusion of debate at this meeting. Such notice given and posted this 29th day of April 2004. Peggy Wilder Jeffersonville Clerk-Treasurer 0