HomeMy WebLinkAbout2005-OR-53A STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE NO. 2005-OR-53 A
AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A
CERTAIN TRACT OF PROPERTY DESCRIBED AS BEING A PART OF
SURVEY NO. 35 OF THE ILLINOIS GRANT LOCATED AT 3212 AND 3216
CHARLESTOWN PIKE FROM RI: LOW DENSITY RESIDENTIAL TO 112:
MEDIUM DENITY RESIDENTIAL
Whereas, Oliver Construction Company, Inc., has filed a petition before the
Jeffersonville Plan Commission to change the zoning map designation of the real
property described in the attached "Exhibits "A"- "C" from R1: Low Density Residential
to R2: Medium Density Residential; and
Whereas, on August 30, 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
September 12, 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" - "C" is hereby changed from R1: Low Density Residential to
R2: Medium Density 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 \ 'r2. day of September 2005.
COMMON co)~qer~F
THE CITY ~ JEFFE~S/~IVILLE,
INDIANA/~//~
Presiding Officer
ATTEST:
Peg~y~lder
Clerk-Treasurer
Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville
this '2..~'~ day of September 2005.
P~ggy
Clerk-Treasurer
This Ordinance approved and signed by me th~,Ptember
Robert L. WaizfMayor
2005.
Jeffersonville, lndimaa and further described as follows:
BEING A PART OF II,LINOIS GRANT SURVEY NO. 35 IN ~ COUNTY, INDIANA, AND
]. BEING THE REMAINING PROPERTY OF THE PROPERTY CONVEYED TO HARRY E.
KENDALL AND JANE KENDALL AS DESCRIBED BY DEED RECORDED IN DEED BOOK 296,
PAGE 457, SAID REMAINING 'PROPERTY BEING MORE pARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT l'ltl~ NORTH CORNER OF SURVEY NO. 21 OF THE ILLINOIS
GRANT, THENCE NORTH 54° 42' 00" EAST, 1666.57 FEET TO A POINT; THENCE NORTH 71° 09'
30" WEST, 3.15 FEET TO A FOUND STONE; THENCE ALONG THE SOU'II'L~AST LINE OF
MOORE (DEED DRAWER 25, INSTRUMENT NO. 12172), NORTH ~x~° 34' 10' EAST (PASSING AN
IRON PEPE AT 151.60 FEET), 163.76 FEET, AS MEASURED, TO A REBAR AT 'I'HE TRUE POINT
OF BEGINNING OF T]FI]~ TRACT BEING HEREIN DF, SCRIBED: THENCE WITH A LINE
COMMON TO MOORE, NORTH 71° 12' 51" WEST, 415.15 FEET TO A POINT IN THE
CHARLESTOWN PllOg; IHIgNCE wITH CHARLESTOWN pIKE, NORTH 06° 38' 32" EAST,
224.67 FEET TO A FOUND SOUNDING; THENCE DEPARTING THE ROAD, AND WITH A LINE
COMMON TO KENDALL (EDGAR AND PAULINE), SOUTH 70° 03' 01" EAST, 468.02 FEET TO A
FOUND ANGLE IRON; IHIgNCE SOUTH 35° 10' 21" EAST, 115.38 FEET, AS MEASURED, TO A
FOUND CORNER POST; TItI~NCE SOUTH 53° 34' 10" WEST, 173.20 FEET TO THE TRUE POINT
OF BEG1/qNING, CONTAINING 2.405 ACRES, MORE OR LESS AND BEING SUBJECT TO THE
RIGHT OF WAY OF CHA~I ,ESTOWN PIKE;
Whereas, in consideration of the covenants mutually contained herein, Seller agrees to
sell and Purchaser agrees to purchase property located in Clark County, Indiana
commonly known as 32/._5t Charlestown Pike Road, Jeffersonville, Indiana and further
Described as follows:
BEING A PART OF SURVEY NO. 35 OF THE ILLINOIS GRANT,
BOUNDED THUS: BEGINNING AT THE NORTH CORNER OF SURVEY
NO. 22, THENCE S 52 DEG. 30' W., ALONG THE LINE DIVIDING
SURVEYS NOS. 22 AND 35, 2712 FEET TO A STONE, THENCE N. 38 DEG.
10' 15" W., 115 FEET TO AN ANGLE IRON MARKER, THE TRUE PLACE
" 5
OF BEGINNING; THENCE CONTINRJING N. 38 DEG. 10' 15 W., 672.
FEET TO AN IRON PIN IN THE CENTER LINE OF THE CHARLESTOWN
PIKE; THENCE S. 3 DEG. 38' 30" W., ALONG THE CENTER LINE OF SAID
PIKE 390.5 FEET TO A RAILROAD SPIKE; THENCE S. 72 DEG. 38' 15" E.
461.5 FEET TO THE TRUE PLACE OF BEGINNING, CONTAINING 2.016
ACRES.
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STATE 0F INDIANA
BEFOR]~ THE JEFPERSONVILLE PLAN COMMISSION
IN RE THE APPLICATION OF
OLIVER CON$:TRUCTION
COMPANY, INC. TO tLEZONE
A Cm~tTAr~ TRACT OF
PROPERTY BElNO DESCPJB]SD
AS 3212 AND 3:}:16 CHARLRSTOWN PIKE
FROM Kl: LO~,' DENSITY RESIDENTIAL
TO R2: MEDILr}.i DENSITY P,.E$IDENTIAL,
__,CIZR. T I~ ,,C, ATION,OF lrAVORAIILE RE.COM~tlgNDATI_O_N
OF PROPOSED ORDiNANCE
Whereas, Oliver Conslru~on, Company, Inc. Ms filed a petition before the
Jeffersonville Plan Corn.mission to change the zoning designation of the propexty
described in arcacl~ed Exhibits "A" --'~C" (the "Property"), ~om RI: Low Density
R¢$idenlial to R2: Medium Density Residential; and,
Whereas, i~fter proper notice by publication, the Jeffersonville Plan Commission
hold a public homing on thc petition on Aug'u~t 30, 2005; and,
Whereas, ,r~! the conclusion of the hearing the Jeffersonville Plan Commission
voted by a mai ori':y vote of its entire membership to favorably recommend the proposed
change of zoning ;lesignefion of the Property lo the leffersonvllle Common Council.
IT IS THEREFORE CERTiFiED that on August 30, 2005, the Jeffersonvilie
Plan Commission ~avorably recommended that the Jeffemonville Common Council ,neet
by ordinance the I;,roposed zoning designation change of the property from RI: Low
Density P, csidenti.~d to R2: Mediam Der~iry Rosld,ntial as requested in the petition of
Oliver Constructi¢,n Company, Inc. /.~..,
$o certified this 30t~ day of August 2005.
TOTAL PAGE.OZ **
to purchase property located in Clark County, Indiana commomy ~nown as az~z ~n~vo~,, ~
Jeffersonville, Indiana and fu~ described as follows:
BEING A PART OF ILLINOIS GRANT SURVEY NO. 35 IN CIakRK COUNTY, INDIANA, AND
/. BEING THE REMAINING PROPERTY OF THE PROPERTY CONVEYED TO HARRY ~
KENDALL AND JANE KEND~-I,I, AS DESCRIBED BY DEED RECORDED IN DEED BOOK 296,
PAGE 457, SAID REMAINING PROPERTY BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTH CORNER OF SURVEY NO. 21 OF THE ILLINOIS
GRANT, THENCE NORTH 5~° 42' 00~ EAST, 1666.57 FEET TO A POINT; THENCE NORTH 71° 09'
30" WEST, 3.15 FEET TO A POUND STONE; '[HENCE ALONG THE SOUTHEAST LIN'E OF
MOORE (DEED DRAWER 25, INSTRUMENT NO. 12172), NORTH 53° 34' 10" EAST (PASSING AN
IRON PIPE AT 151.60 FEET), 163.76 FEET, AS MEASURED, TO A REBAR AT THE TRUE POINT
OF BEGINNING OF THE TRACT BEING HEREIN DESCIIlBED: THENCE WITH A LINE
COMMON TO MOORE, NORTH 71° 12' 51" WEST, 415.15 FEET TO A POINT IN q_'DE
CHARLESTOWN PIKE; THENCE WITH CHARLESTOWN pIKE, NORTH 060 38' 32" EAST,
224.67 FEET TO A FOUND SOUNDING; THENCE DEPARTING THE ROAD, AND WITH A LINE
COMMON TO KENDALL (EDGAR A_ND PA~ sOUTH 70° 03' 01" EAST, 468.02 FEET TO A
FOUND ANGLE IRON; TDENCE sOUTH 35° 10' 21" EAST, 115.38 FEET, AS MEASURED, TO A
FOUND CORNER POST; THENCE SOUTH 53° 34' 10" WEST, 173.20 FEET TO THE TRUE POINT
OF BEGINNING, CONTAINING 2.405 ACRES, MORE OR LESS AND BEING SUBJECT TO THE
RIGHT OF WAY OF CHARLESTOWN PIKE;
Whereas, in consideration of the covenants mutually contained herein, Seller agrees to
sell and Purchaser agrees to purchase property located in Clark County, Indiana
commonly known as 32/._~ Charlestown Pike Road, Jeffersonville, Indiana and further
Described as follows:
BEING A PART OF SURVEY NO. 35 OF THE ILLINOIS GRANT,
BOUNDED THUS: BEGINNING AT THE NORTH CORNER OF SURVEY
NO. 22, THENCE S 52 DEG. 30' W., ALONG THE LINE DIVIDING
SURVEYS NOS. 22 AND 35, 2712 FEET TO A STONE, THENCE N. 38 DEG.
10' 15" W., 115 FEET TO AN ANGLE IRON MARKER, THE TRUE PLACE
OF BEGINNING; THENCE CONTINIUING N. 38 DEG. 10' 15" W., 672.5
FEET TO AN IRON PIN IN THE CENTER LINE OF THE CHARLESTOWN
PIKE; THENCE S. 3 DEG. 38' 30" W., ALONG THE CENTER LINE OF SAID
PIKE 390.5 FEET TO A RAILROAD SPIKE; THENCE S. 72 DEG. 38' 15" E.
461.5 FEET TO THE TRUE PLACE OF BEGINNING, CONTAINING 2.016
ACRES.
~04
NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAP
Notice is hereby given that on September 12, 2005 at 7:30 o'clock p.m. in the
Multi-Purpose Hearing Room in the Mayor's Conference Room located on the Fourth
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 R1: Low Density Residential to R2: Medium Density Residential.
DESCRIPTION OF PROPERTY LOCATED IN.
THE CITY OF JEFFERSONVILLE,
PROPERTY ADDRESS: 3212 and 3216 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 August 30, 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
Jeffersunville Common Council may take official action at the conclusion of debate at
this meeting.
Such notice given and posted this 8th day of September 2005.
Peggy Wilder
Jeffersonville Clerk-Treasurer
Prepared by:
Leslie D. Merkley
City Attorney
Sharon King
Paralegal