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HomeMy WebLinkAbout2004-OR-29 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE NO. 2004-OR- 29 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY BEING ALL OF LOTS 56, 57 AND 58 AND PART OF LOTS 54, 55 AND 59 IN THE CITY OF JEFFERSONVILLE FROM M2: MULTIFAMILY RESIDENTIAL TO PD-M2: PLANNED DEVELOPMENT- MULTIFAMILY RESIDENTIAL. Whereas, Realty Equities, LLC 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 M2: Multifamily Residential to PD-M2: Planned Development-Multifamily Residential; 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 6f 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 from M2: Muitifamily Residential to PD-M2: Planned Development-Multifamily Residential; 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 /ti day of May 2004. THE CITff OF JEF/}~ONVILLE, INDIAN/A ///~ Presiding Officer ATTEST: Clerk-Treasurer Presented by me as Clerk'Treasurer to the Mayor of said City of Jeffersonville this 2~ day of May 2004. This Ordinance approved and Peg/y - Clerk-Treasurer signed ~Mayl 2004. Legal Description of Planned Unit Development District TRACT ONE Also a tract of land consisting of Lot 58 and part of Lot 59 of the original town of Jeffersonville, Clark County, Indiana, described as follows: Beginning at the northwest comer of said Lot 58; thence Easterly 101.12 feet along the northerly line of Lots 58 and 59; thence Southerly 202.50 feet parallel with the westerly line of said Lot 58 to the southerly line of Lot 59; thence Westerly 101.12 feet along the southerly line of Lots 58 and 59 to the southwest comer of Lot 58; thence Northerly 202.50 feet along the westerly line of Lot 58 to the point of beginning. TRACT TWO Part of Lot No. 59 in the City of Jeffersonville bounded thus: Beginning at a point on Market Street and on the northern line of said lot, 124 feet eastwardly from the northwest comer of Lot No. 58 in said City; thence eastwardly with the line of Market Street 24 feet and extending back southwardly at right angles the same width, 202 feet, more or less, to the alley bounding said lot on the south, said lot being '24 feet fronting on Market Street in Lot No. 59 and lying 30 feet westwardly from the eastern line of said Lot No. 59. TRACT THREE Part of Lot No. 59 in the City of Jeffersonville, in said county and state, bounded thus: Beginning at a point in the northern line of said lot on Market Street, said point is 54 feet westwardly from the northeast comer of said Lot No. 59; thence westwardly and with the northern line of said lot, a distance of 24 feet, ~o the northeast comer of the real estate owned by the Odd Fellows, in Lot Nos. 58 and 59; thence southwardly on a line parallel with the west line of said Lot No. 59, a distance of 202 feet, more or less, to the alley in the rear of said lot; thence eastwardly with the northern line of said alley, a distance of 24 feet to a point, 54 feet westwardly from the southeast comer of said Lot No. 59; thence northwardly on a line parallel with the east line of Lot No. 59, a distance of 202 feet, more or less, to the place of beginning, on Market Si. EXHIBIT TRACT FOUR All of Lot Nos. 56 and 57 and part of Lot Nos. 54 and 55 in the City of Jeffersonville, Clark County, State of Indiana, all more particularly described as follows: Begirming at the northeast corner of said Lot 57 at the intersection of Market and Wall Streets and running southwardly along the east side of Lot 57, 200 feet more or less to an alley; thence Westwardly along the north line of said alley, 366 feet, more or less, to the east line of Spring Street; thence northwardly along the east line of Spring Street, 36~4 feet to a stake; thence eastwardly across Lot Nos. 54 and ,55, 106.851 feet to a stake in Lot No. 55; thence at right angles northwardly 30.25 feet to a stake; thence at right angles eastwardly 66.487 feet to a stake; thence at right angles northwardly to the south line of Market Street; thence eastwardly along the south line of Market Street to the northeast comer of Lot No. 57 at the intersection of Market and Wall Streets, the tree place ofbegiuning. EXCEPTING, that part of Lot No. 54 in the City of Jeffersonville, described thus: Beginning at the northwest corner of Lot No. 54 at the intersection of the south line of Market Street with the east line of Spring Street; thence Southwardly along the east line of Spring Street, 166.43 feet to a drill hole in the sidewalk at the southwest corner of Quinn's lot, the tree place of beginning; thence Northeastwardly and parallel to Market St. and along the line of Quinn's lot and the lot of Gorsuch Foundry, 88.187 feet to an iron pipe; thence Southwardly and parallel to Spring Street, 36.58 feet to a P.K. nail in the west side of a power pole on the north side of a ten foot alley; thence Southw6Stwardly along the northern side of said ten foot alley and parallel to Market Street, 88.187 feet to a drill hole in the sidewalk in the east line of Spring Street; thence northwardly along the east line of Spring Street, 36.58 feet to the tree place of beginning. EXCEPTING from the above: Being a part of Lots 55 and 56 in the City of Jeffersonville, Clark County, Indiana and being further described as follows: Beginning at the north corner of Lot 57, being the south intersection of Wail Street and East Market Street in said City; Thence South 58 degrees 22 minutes 02 seconds West along the southeast Right-of-Way line of said East Market Street, ~53.33 feet to THE TRUE PLACE OF 'BEGINNING: Thence South 31 degrees 17 minutes 26 seconds East, 136.18 feet; Thence South 58 degrees 22 minutes 02 seconds West, 30 feet; STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF REALTY EQUITIES, LLC TO REZONE A CERTAIN TRACT OF PROPERTY BEING ALL OF LOTS 56, 57 AND 58 AND PART OF LOTS 54, 55 AND 59 IN THE CITY OF JEFFERSONVlLLE FROM M2: MULTIFAMILY RESIDENTIAL TO PD-M2: PLANNED DEVELOPMENT- MULTIFAMILY RESIDENTIAL CERTIFICATION OF FAVORABLE RECOMMENDATION MADE CONCERNING PROPOSED ORDINANCE CHANGE Whereas, Realty Equities, LLC has filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit "A" (the "Property"), from M2: Multifamily Residential to PD-M2: Planned DevelopmentJMultifamily, and; Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on April 27, 2004 and; Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its membership to make a favorable recommendation concerning the proposed change of zoning designation of the Property to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on April 27, 2004, the Jeffersonville Plan Commission made a favorable recommendation concerning the Jeffersonville Common Council enactment by ordinance of the proposed zoning designation change of the property from M2: Multifamily Residential to PD-M2: Planned Development/Multifamily, as requested in the petition Realty Equities, LLC. So certified this 27th day of April 2004. ,/ Paul Th~mpso~ NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAP 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 ~venue, 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 to ' PD-M2: Planned DevelopmentfMultifamily. DESCRIPTION OF PROPERTY LOCATED IN THE CITY OF JEFFERSONVILLE PROPERTY ADDRESS: All of Lots 56, 57, and 58 and Part of Lots 54, 55, and 59 having a street address of 120 E. Market Street, formerly known as Gorsuch Foundry. 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