HomeMy WebLinkAbout2005-OR-30 STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE NO. 2005-OR- 30
AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A
CERTAIN TRACT OF PROPERTY DESCRIBED AS 8.859 ACRE TRACT
LOCATED ADJACENT TO 4314 HAMBURG PIKE IN THE CITY OF.
JEFFERSONVILLE FROM RI' LOW DENSITY RESIDENTIAL TO C2'
MEDIUM TO LARGE GENERAL~COMMERCIAL
Whereas, John ZurSchmiede Builder, Inc. has filed a petition before the
Jeffersonville Plan Commission to change the zoning map designation o}' the real
property described in the attached "Exhibits A", "B" and "C" from R I' Low Density
Residential to C2: Medium to Large General Commercial; and,
Whereas, on April 26, 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 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 July
11, 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 "Exhibits A", "B" and "C" is hereby changed from RI' Low Density Residential
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 i[~ day ofJuly 2005.
THE CItY OF JEF/FE~fl?ONVILLE,
By: '"
-~~/e~ L./_a_iz, Jr.
Presiding Officer
ATTEST:
P~gg~W~
Clerk-Treasurer
Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville
this ~ day of July 2005.
Peggy w uaer--
Clerk-Treasurer
Rob r
15'59
8127386748
PRIHAVERA & ASSO.
PAUL PRIMAVE~ & ASSOCIATES, INC.
RF..GI~TF-I'~F-D E:NGIN~;E;I~I AND L, ANI~ ~BUI,tVE:YOI'ttl
PAGE
[2,
~CT #3
The following is a legal description prepared tiffs a legal description prel~ared this
3d day of September, 2003, ofreal property being a part of Sm'vey #33 of the
.,, :.... :.,,,,.,..,?.r,.~.~. ,,~_ ~.c~°~' Cn~,,..rm~., o ~, ,Ind~~ r.,~ :,~, .... l~~~nville .:, rowmhip, Clark County,.
'~ "'l~djmm, being depicted a.~ Tract #3 on a survey by t-am t-mnavera and As:mcmtes,
Inc., Job No. 03-9210, more particularly described as follows:
Commencing ~t the Easternmost comer of Survey #33,. thence with the co~mon line
between Smwey~ #33 and #~4, North 34' 59' 05" West 677.00 feet to a
reinforcing bar with a yellow plastic cap stamped, "Primavera & Assoc. #~)049", on
the W'e~t~ right of wsy of the CSX Railroad, this type of monument her~,inafter
referred to as a capped reinforcing bar, thence cominuit~ along said .line lx[orth 34'
59' 05" East 558.2t6 feet to an iron pin, thi~ beh~g the point of'beghud~, tttence
leaving said line and parallel with tim Westem fight of way of said CSX Railroad,
South 44' 12' 55' We~t 1195.83 feet to a capped reixfforcing bar on the
right of'way of¥~temm Parkway, thence with said right of'way Norfl~ 80" 06' 03"
We~t 172.04 feet to a capped reinforcing bar, thence North 36' 25' 17" W,~st 131.79
feet to a capped rehfforcing bar on the F_astem right of w. ay o£ttmnburg Pike, tlmnce
',;~,~o~'04" 1'2'~~' ~~ ~j?:~' :fe~,~t~ a'~~f~inforcmg'bar, tflenee leaving said
right of way S°uth 85' 37' 07:' East 85.50 feet to an kon pin, thence-No,fl~ 04' 0
39" East 229.81 feet to an iron pin, thenc, South 86' 02' 00" East 105.0~t ITeet to an
iron pin:~g, the' $oUthwe~temmo~t comer of Lot #123 of'Kingsfield
Subdivision, Revise.d Section One, as recorded in Plat Book #11, Pag, 1, ~tmnce
with. the Southern line of said ~ubdivi~ion South 81' 10' 03" East 72.67 !."e~',~ to an.
iron pin, then~ N~ 68' 2t6' 10" East. 810.84 feet to an iron pin, thenc~' ~ith the
W~tem line of'Kingsfi.eld Subdivi,ion, Section Five, as recorded in Pla~: l~look # 11,
Pag, 55, South 32' 25' 54" East 54.21 feet, to the point ofbcginning,
8. $5 9 Acres, mom or less.
Being a.P.art of that pmperry conveyed to John Zursc~~e Builder, h'x'., ia Deed
Drawer 27,..Inst. tr~m,, nt #!..1668 in the Office °film Recorder of Clm'k C~)uaty,
' ,' .~..,, ,tO t'~j~,l~ ' :~,,~-',r,~,,(l~.~;'l ir' ,',~,.~,.,.~,e~l, ~t~.,.~, 0~.' ~,~:,e!~.'~ :'.- ' .s ~
,
Being subject to' aH easements, restrictions, and rights of way of record.
I
301 E. Chestnut Street, RO. Box 123, Corydon, IN 47112
Phone: (812) 738-4124 Fax: (812) 738-6740 e.mall: pprlmaveraOprimavera.win, net
Joseph M. Voyles, Personal Representative. of the Estate of
Hazel L. Voyles, deceased, which estate is under the supervision of
the Circuit Court of Clark County, under Cause Number 83-P-169 in
the office of the Clerk of the Circuit Court of Clark County,
Indiana, pursuant to orders of the Circuit Court of Clark County,
Indiana, dated the 19th day of-August, 1994 and the 13th day of
February, 1995, for good and sufficient con~iderati'on, conveys to
John Zurschmiede Builder, Inc.
the following described real estate in Clark County, State of
Indiana, to-wit'
See Exhibit 1 attached hereto and made of part hereof.
Grantee assumes and agrees to pay the real estate taxe-s due in
May, 1996 and thereafter. William C. Voyles died on or -about
September 26, 1939.
IN WITNESS WHEREOF, the said Joseph' M. Voyles, as Personal
- ~
Representative of the Estate of Hazel L. Voyles has hereunto set
..
· ..~oYLE'S, .~ERS ON'AL
REPRESENTA he Es t at e
o~f Hazel L. Voyles, deceased
,,,
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./
STATE OF INDIANA
BEFOI:~ THE JEFF~S0~ILI-E PLAN COMMISSION
IN RE THE APPLICATION OF
JOHN ZUK$CHMIEDE BUILDER, INC.
TO KEZO~ A CERTAIN TRACT
OF PROPERTY BEING PART OF
SURYBY NO. 33 OF THE ILLINOIS
OKANT FROM RI' LOW DENSITY
KE$1DENTtAL TO C2: MED~M
TO LARGE GENERAL COMMERCIAL
_C. ERTIFI,,C_&_TIO1N OF FAVORABLE, REC_O~NDATION
Ol* ~tO~'OSEB OR~..INAN__C_g
Whereas, Jol-m ZurSebmiede Builder, Ina. filed a petition before the Jeffersonville
Pi~ Commission to ch~e the zo~ng desi~ati.on of~e ptope~ described, in
a~hed E~ibits "A ,"B" and "C" (the "Pmpe~y"), ~om RI' Low D~i~ Residential to
C2' Medim. to Large G~al Comm~ei~,
Whereas, a~tet proper notlee by publication, the Jeffersonville Plan Commission
held a public hearing ou the petition on April 26, 2005; aud,
Whereas, at the conclusion of the hearing the Jeffer$onville Plan Commission
voted by a majority vote of its entire membership to favorably recommend the proposed
~hange of zoning designation of the Property to the Jeffer~onville Common Council.
IT I$ THEREFORE CERTIFIED that on April 26, 2005, the Jeffersonville
Plan Commission favorably recommended that the Jeffersonv~Ile Common Council enact
by ordinance the proposed zoning designation change of the properS, from RI' Low
Density Residential te C2' Medium to Large GeaeraI' Comrne~¢ial a.~ reques~ecl in the
petition of Jolm Zur$chmied. e Builder, Inc.
So certified this 26th day of April 2005.
Kovert, Chainnan
26/2003
15:59
8127386740
PRIHAVERA & ASSO.
PAUL-PRIMAVE;RA & ASSOCIATES, INC.
RI[GIlT[RED ENGINEER8 ANO LANI3
, ,
PC, GE
il
I
T1L~CT #3
The following is a legal description prep~d this .a legal description prel~arcd this
3'a day of September, 2003, of real property being a part of.Survey #33 of the
'~diarm, being depicted as TraCt//3 on a survey I)y t'aul t'rima and As:;ociates,
Inc., lob No. 03-9210, more particularly described as follows:
Commencing at the Easternmost comer of Survey #33, thence with the c:o~mon l.h~e
between Surveys #33 and #34, North 34' 59' 05" West 677.00-feet to
reinforcing bar with a yellow plastic.cap stamped, "Primavera & Assoc. #~)049", on
fl~e Western right of way of the CSX Railroad, this .type of monmnent hcre.inaffer
referred to as a capped reinforcing bar, thence cominuing along said line-blorth 34~
59' 05' East 558.36 feet to an iron pin, fltis being the point of beghufing, thence
leaving Said line and parallel with rite Western right of way of said CSX Ra[koad,
South 44' 12' 55' West 1195.83 feet to a capped reitff'orcing bar on the i.xl{~rthem
right ofway of Vetemm Parkway, thence with said right o'fway North ~;0" 06' 03"
West 172,04 feet to-a capped reinforcing bar, thence North 36' 25' 17" W,,~st 131.79
fight of way So~th 85' 3T 07"- East 85.50 feet to an h'ou pin, thence-No,th 04' 01'
39" East 229.81 feet to an iron pin, thence South 86' 02' 00" East 105.0.4 l~eet to an
iron pin'marking the' SoUthwcstemmost comer of Lot # 123 of Kingsfielc[
Subdivision, Revised Section One, as recorded in Plat Book # 11, Page I ~txence
with the Southern line of said subdivision South 81' 10' 03" East 72.67 !!e~t to. an
· .
iron pin, thenc~ N~ 68' 36' 10" East 810.84 feet to an iron pin, thenc,~' with the
Western line of. Kingsfield Subdivision, Section Five, as recorded in Pla~: Book # 11,
Page 55, South 32' 25' 34" East 54.21 feet, to the point of'beginning,
8.859 Acres, mom or less.
Being a.part of that property conveyed to John Zurschmiede Builder, Ira:., in Deed
Drawer 27, .Ins..iXpme. nt//1.1668 in the Office office Recorder of Clark C;~uaty,
~~,~.,., .... ,,~,,.~,,.~. · :,,,,,,.,-,,,i,,,~;,"~. ~'..',,,,';.'~,.,~,', ,"-" ',. ,."..,'~,",'"',' "' ' "'
·
Being subject to'all easements, restrictions, atxd rights of way of record.
301 E. Chestnut Street, P.O. Box 123, Corydon, IN 47112
Phone' (812) 738-4124 Fex: (812) 738-6740 e.mail: pprlmavera~llpdmavem.win, net
;,'t .';'" ' '"
i'..!' 3r~ PERSONAL REPRESENTATIVE S DEED
Joseph M.
Hazel L. Voy!es,
the Circuit Court of Clark County,
Voyles, Personal Representative of the Estate of
deceased, which estate is under the supervision of
under Cause NumDer 83-P.-169 in
the Office of the Clerk of the Circuit Court of Clark County,
Indiana, pursuant to orders of the Circuit Court of Clark County,
Indiana, dated the 19th day of August, 1994 and the 13th day of
sufficient
February, 1995, for good and
consideration, conveys to
John Zurschmiede Builder, Inc.
the following described real estate in Clark
Indiana, to-wit-
See-Exhibit 1 attached hereto and made of
Grantee assumes and agrees to pay the real
May, 1996 and thereafter. William C. Voyles
September 26, 1939.
County, State of
part hereof.
estate taxes due in
died on or about
IN WITNESS WHEREOF, the said Joseph M. Voyles,
of the Estate of Hazel L.
Representative
his hand this
Voyles, has
1.995.
as Personal
hereunto set
REPRESENTATIVE of ~he Estate
o'f Hazel L. Voyles, deceased
/
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..
/
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.NOTIC. E OF INTENT TO CONSIDER PROP. OSED CHANGE OF ZONING MAP
Notice is hereby given that on July 11, 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 RI' Low Density Residential
to C2' Medium to Large General Commercial.
DESCRIPTION OF PROPERTY LOCATED IN
THE CITY OF JEFFERSON VILLE
_
PROPERTY ADDRESS' Being part of Survey No. 33 of the Illinois
Grant, Jeffersonviile Township, Clark County, Indiana, containing
8.859 Acres, more Or less
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 26, 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 6th day of July 2005.
Peggy Wilder
Jeffersonville Clerk-Treasurer
Prepared by:
Leslie D. Merkley
City Attorney
Sharon King
Paralegal