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Home My WebLink About2005-OR-28 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE NO. 2005-OR-28 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY BEING PART OF SURVEY NO. 22 OF THE ILLINOIS GRANT FROM C2: MEDIUM TO LARGE GENERAL COMMERCIAL TO PD-C2: PLANNED DEVELOPMENT/MEDIUM TO LARGE GENERAL COMMERCIAL Whereas, Sunnyside Land Co. LLC, 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 C2: Medium to Large General Commercial to PD-C2: Planned Development/Medium to Large General Commercial; and Whereas, on May 31, 2005 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 first 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 June 20, 2005 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 C2: Medium to Large General Commercial to PD-C2: Planned Development/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 "2,E5~kx- day of June 2005. COMMON~F~ THE CIT)r OF JEFF,~~NVILLE, By: ~ Presiding Officer ATTEST: Peg~' ~r Clerk-Treasurer Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this ~ day of June 2005. ("~Peggy ~rtPd4"~ Clerk-Treasurer This Ordinance approved and signed by rn une Robe~~,) , Mayor 2005. Appendix "B" EXHIBIT A REAL ESTATE DESCRIPTION That part o£ Survey ~#22 of the Illinois Grant, Clark County, Indiana being further described as follows' Commencing at a stone in the northwest line of Survey #13, marking the east comer of Survey #22; thence along the dividing line of Survey #22 and #23, North 35 deg. 36' 10" West, 1559.49 feet to a two-inch diameter .iron pipe, the True Point of Beginning; thence leaving said dividing line, South 54 deg. 46' 01" West, $65.00 feet to a one-inch diameter iron pipe; thence South 54 deg. 46' 01" West, 865.00 feet to a one-inch diameter iron pipe; thence South 05 deg. 17' 15" West, 192.54 feet to a stone; thence North 37 deg'. 07' 18" West, (passing two iron pipes at 995.65 feet and 1276.44 feet) 1279.00 feet to the southeastern right-of-way line of State Road 62; thence along said right-of-way line for the next three calls, North 22 deg. 21' 50" East, 183.81 feet to a concrete right-of-way marker; thence North 23 deg. 09' 33" East, 584.55 feet to an iron pipe; thence North 23 deg. 47' 41" East, 225.17 feet to an iron pipe: thence leaving said right.of-way line, South 42 deg. 53'4I" East, 234.00 feet to a steel pin and cap; thence North 45 deg. 04' 14" East, 117.20 feet to the southwest right-of-way line of Herb Lewis Road as conveyed to the State of Indiana in Deed Drawer 23, Instrument 663, marked by a steel pin and cap; thence along said right-.of-way line for the next two calls, South 35 deg. 16' 48" East, 76.48 feet to a concrete right-of-way marker; thence South 62 deg. 34' 50" East, ,*4.79 feet to a concrete fight-of-way marker; thence North 54 deg. 26" 38" East, 11.34 feet to the dividing line of Survey #22 and #23 marked by a mag nail; thence along said dividing line, South 35 deg. 33' 22" East, 1324.33 feet to the Tree Point of Beginning. This -tract of land contains 32.812 acres. STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF SUNNYSIDE LAND CO, LLC TO REZONE A CERTAIN TRACT OF PROPERTY BEING PART OF SURVEY NO. 22 OF THE ILLINOIS GRANT FROM C2: MEDIUM TO LARGE GENERAL COMMERCIAL TO PD-C2: PLANNED DEVELOPMENT/ MEDIUM TO LARGE GENERAL COMMERCIAL CERTIFICATION OF FAVORABLE RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Sunnyside Land Co., LLC filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in the attached Exhibit "A" (the "Property"), from C2: Medium to Large General Commercial to PD-C2: Planned Development/Medium to Large General Commercial, and; Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on May 31, 2005; and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to favorably recommend the proposed change of zoning designation of the Property to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on May 31,2005, the Jeffersonville Plan Commission favorably recommended that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from C2: Medium to Large General Commercial to PDC2' Planned Development/Medium to Large General Commercial as requested in the petition of Sunnyside Land Co., LLC. So certified this 31 st day of May 2005. /s/Pat Thompson Pat Thompson, Vice-Chairperson Appendix "B" EXHIBIT A REAL ESTATE DESCRIPTION That part of Survey #22 of the Illinois Grant, Clark County, Indiana being further described as follows: Commencing at a stone in the northwest line of Survey #13, marking the east comer of Survcy #22; thence along the dividing line of Survey #22 and #23, North 35 deg. 36' 10" West, 1559.49 feet to a two-inch diameter iron pipe, the True Point of Beginning; thence leaving said dividing Ii'ne, South 54 deg. 46' 01" West, 865.00 feet to a one-inch diameter iron pipe; thence South 54 deg. 46' 01" West, 865.00 feet to a one-inch diameter iron pipe; thence South 05 deg. 17' 15" West, 192.54 feet to a stone; thence right-of-way line for the next three calls, North 22 deg. 21' 50" East, 183.81 feet to a concrete right-of-way marker; thence North 23 deg. 09' 33" East, 584.55 'feet tO an iron pipe; thence North 23 deg. 47' 41" East, 225.17 feet to an iron pipe: thence leaving said right-of-way line, South 42 deg. 53'41" East, 234.00 feet to a steel pin and cap; thence North 45 deg. 04' 14" East, 117.20 feet to the southwest right-of-way line of Herb Lewis Road as conveyed to the State of Indiana in Deed Drawer 23, Instrument 663, marked by a steel pin and cap; thence along said r/ght-of-way line for the next two calls, South 35 deg. 16' 48" East, 76.48 feet to a concrete right-of-way marker; thence South 62 deg. 34' 50" East, 44.79 feet to a concrete right-of-way marker; thence North 54. deg. 26' 38" East, 11.34 feet to the dividing line .of Survey #22 and #23 marked by a mag nail; thence along said dividing line, South 35 deg. 33' 22" East, 1324.33 feet to the True Point of Beginning. This tract of land contains 32.812 acres. -., -x , NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAP , Notice is hereby given that on June 20, 2005 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 C2' Medium to Large General Commercial to PD-C2' Planned Development/Medium to Large General Commercial.. DESCRIPTION OF PROPERTY LOCATED , IN THE CITY OF JEFFER.SONVILLE PROPERTY ADDRESS: Survey No. 22 of the Illinois Grant, and the property is described as being located at 3818 State Road 62. 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 May 31, 2005. 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 16th day of June 2005. Peggy Wilder Jeffersonville Clerk-Treasurer Prepared by: Leslie D. Merkley City Attorney Sharon L. King Paralegal Legal/Zoning/Sunnyside/Notice