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HomeMy WebLinkAbout1999-OR-15 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE NO. ~g~' AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 2209 Dutch Lane, jeffersonvflle, Ir FRON1 R-2 to B-3 Whereas, Billy Ashabraner & Donna Ashabranerfiled a petition before the Jeffersonville Plan Commission to change the zoning mop designation of the real property described in the attached "Exhibit A" from R-2 to B-3 and, Whereas, on March 30, 1999 the Jeffersonville Plan Commission has certified its favorable-recommendation of the enactment of this proposed zoning map designation change by ordinance of this Common Council; 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 April 5, 1999 at 7:00 PM.; 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_R-2 to B-3. 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. ~'~"~ day of_ ~'2¢-/' Z , 1999 COMMON COUNCIL OF Presiding Officer v liana ATTEST: of said City of Presented by m~as Clerk arC Trea. surer to the Mayor Jeffersonville this_ ~f4 day of _,,~fr-'~rz_, L .., 1999__. c. Richard Spencer, ~(r. ¢/ ~ Clerk and 'Treasurer This Ordinance approved and signed by me this .~"~_ day of 199 ~__. STATE OF INDIANA~ COUNTY OF CLARK SS: BEFORE 'ITIE JEFFER$ONVILLE CITY PLAN COHMISSION IN Tile MATTER OF TIlE PETITION OF Billy Ashabraner and Donna Ashabraner RE-ZONE PROPERTY ) ) ) PET£TION TO AMEND TIlE JEFFERSONVILLE, INDIANA ZONING ORDINANCE To the Jeffersonville City Plan Commission: ~)e uhdersigned petitioner respect£ully requests an amendment to the Zoning District set out on the Dlstrict Zone Maps of tile City of Jeffersonville, Indiana with re$pec to the following described real estate~ situated in the City of Jeffersonville County of Clark, State of Indiana, ~o-wit: See Attached Exhibit "A" With a street address of: 2209 Dutch Lane, Jeffar$onville, IN 47~30 The above described real estate is noi¢ in a district classified as R-2 and it is requested that it be reclassified as B-3 for the followil reasons: For the purpose of operating a U-Haul rental and/or a vehicle storage opel 1. That it will not materially affect tile value of real estate surrounding sa property. 2. The proposed amendment would not be detrimental to public health, safe morals or 8eneral welfare. 3. The proposed amendment will not be contrary to tile public interest. The proposed amendment will not alter the essential character of t locality, the spirit of tbe Ordinance will be observed, end Substanti justice done. Zoni in NIIEREFORE, £be underslfned petitioner prays that the City of Jeffersonville Ordinance be amended so that the subject real estate be classified as being district of B-3 Dated and sisned by the petitioner at Jeffersonville, Clark County, Indiana, this Z~ day of_February , 1999 ' ~ ~ ~,~z['~/~'~" Billy ~shabraner  C~V~ ~-~} Donna mshabraner JEFFERSONVfLLE PLANNING ~ :y ~g EXttlBIT A Loyal Descriotfon A part of Kirby's Subdivision in Survey No. 8 of ~he Illinois Grant in Clark County, Indiana, being a pa_~-t of ~%e same land conveyed to Laurence at Deed Record No. t74, at page 368 of the Clark County, Indiana, records, and being more fully described as follows, to-wit: Commencing at the easternmcst~0rner cf said Survey Ne. 8; running thence Not'ch 39 deg. 00.4' west, 2034.S feet the line dividing Surveys Nos. 8 and 9 of t~e Illi- nois Grant to a nail in the center of Dutch Lane, which is the True Place of Beginning of ~Se la~d. to be herein described: Thence South 65 deg. !0' west, 15.50 feet to an iron pin in the westerly line of Dutch Lane; thence continuing South 65 deg. 10' west, 343.80 feet, a total of 359.30 feet, to an iron pipe in the easterly right-of-way line of a ~ 60-foot railroad right-cf-way; thence Ncr~h 21 deg. 00' west 129.4I feet with said right-of-way tine to an iron pipe at Jamiso~ Terrell's corner (Deed Record Ho. 188, at page 47,) thence North 67 deg. 30~ east 305.84 feet wit_~ Terrell'~ line (Deed Record No. t89, at page 369) to an iron pipe in the. westerly right-of-way line of Duty% Lane; thence continuing North 67 deg. 30' east 15.66 feet to a nail in the cente~ o~ Dutch Lane and the line dividing Surveys Nos. 8 and 9 cf the Illinois Grant; ~%ence South 39 deg. 00.4' east 1i9.82 feet with the center of Dutch Lane to the True Place of Beginning, containing 0.957 acres of land. Excepting therefrom the real estate conveyed to The City of Jeffersonv/[le, Clark County, Indiana~ by deed dated April i0, i996, and recorded in Deed Drawer 28, instrument 640'7, more par'dcularly described as follows: A part of Kitty's Sub<~ivisicn in Survey No. 8 cf the Illinois Gr~-nt in Clark County, Indiana, being a part of the same land conveyed to Lawrence Hagan at Deed Record No. 174~ at page 368 cf the Clark County, Indiana records and being more fully described as follows, to wit: Commencing at the easter~-unost corner of said Surwey No. 8; running thence North 39 degrees - 0.4 minutes West, 2034.6 feet with the line dividing Surveys Nos. 8 and 9 of the Illinois Grant to a nail in the center o~ Dutch Lane, which is the tl-ue place of beginning of the land herein described: Thence South 65 degrees - ~0 minutes West, 31.14 feet to a point on the proposed right-of-way line of Project No. M-~.w~_--C700 (an intersection improvement project at Dutch Lane and Han~burg Pike); thehce North 39 degrees - 0.4 minutes West, 124.06 feet along said proposed right-of- way line on the property' line dividing the Hagan a_nd Terrell properties; thence North 63 degrees - 30 minutes East, 31.35 feet following said property line tca point on the centerline of Dutch Lane; thence South 39 degrees - 0.4 minutes East, ~23.31 feet more or !ess to the true place of beginning, containing 0.085 Acres. The ab<~ve description conga!ns the new right-of-way and the existing right-of-way. STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF · Billy Ashabraner and Donna Ashabraner TO REZONE A CERTAIN TRACT FROM R-2 to B-3 CERTIFICATION OF FAVORABLE/I~I~~'~ RECOMMENDATION OF PROPOSED ORDINANCE Billy Ashabraner and Whereas, Donna Ashabraner filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from [-2 to B-3 .; and, Whereas, after proper notice by publicatiod, the Jeffersonville Plan Commission held a public hearing on the petition on ~a=ch 30, ]-999 ; 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 March 30, ].999 , the Jeffersonville Plan Commission favorably/i~:~C~f4t~'~Frecommend(ed) that the JeffersonviiIe Common Council ensct by ordinance the proposed zoning designation change of the property from [-2 to ]~-3 as requested in the petition of Billy and Donna Ashabraner So certified this 30 day of March ,~ Chairman Desoriorion A part of Kitty's Su_b~ivision in Su~-vey Nm. 8 of ~he illinois Grant in Clark CounTy, Indiana, being a par~ of t-he same land conveyed to ~ur~nce at Deed Record No. 174, a~ pa~e 36S of ~Se Clark C~un~y, indiana, records, and being m~re fully described as follows, t~-~it: Co~encing at the eam~arnm~s~ c~rner cf said Sure; No. 8; ~ning the line dividing Su~eys Nos. 8 and 9 Qf ~e %!li- n~is Grant to a ~ai! in ~he center cf ~ch which is the T~de P!acs of B~gi~inq ~f ~e l~nd. tm be herein described: Thence S~u~ 65 d~. !0' ~'esq, 15.50 fee~ t~ an iron pin in ~he westerly line of Dutch ~ne; thence c~ntinuin~ Sou~h ~ deq. 10' west, 343.80 feet, a total of 359.30 feet, an iron pipe in ~e aasterty right-of-way line ~f a SO-foot r~ilroad riqh~-cf-w~Z; ~%ence No~ 21 d~. 00' west 129.4I feet with said right-or-d; line an iron pi~e at Jamisc~ Te~ell's co,er Record ~a. 188, at page 47,) ~ence No~ 67 deg. 30' east 30~.8~ feet wi~ Terre!l"s line (~ed Recmrd No. 189, at paqe 369) t~ an ir~n pi~e in westerly right-of-way tine of ~t~% ~e; continuing Nc~h 67 deg. 30' east 15.f6 feet to a nail in the cente~ c~ ~tch ~ne and ~he line dividing Su~eys N~S. 8 and 9 cf the Illinois Gr~nt; ~hence Sou~k 39 deg. 00.4' east 119.82 feet wi~ ~e cen~er cf Dutch Lane to the T~e Place ~f Begi~ing, containing 0.957 acres of land. Excepdn~ therefore the ~eal estate conveyed ~o The City by deed dated Ap~[ i0, i996, and ~ec0~ded [n Deed D~a~,ve~ p~icularty de$c~bed as A ~art of KittY's Su~divisi'on in Survey No. 8 of the illinois Grant in Clark County, Indiana, be!hq a part of the same land conveyed to Lawrence Hagan at Deed Record No. ]74, at page 3~ of the Clark Ceunty, indiana records and being more fully described as follows, to wit: Commencing at the easter,s-most corner of said Suz~zey No. 8; runninq thence North 39 degrees - 0.4 minutes West, 2034.~ feet with ~he line dividing Sur-¢eys Nos. 8 and 9 of ~-he Illinois Grant to a nail in the center of Dutch Lane, which is ~_he t-~-ue place of beginning of the !and herein described: Thence South 65 de~rees - lO minutes West, 31.14 feet to a ~0int on ~he proposed right-of-way line of Project M--MCr-CT00 (a~u intersection improvement project at Dutch L~-ne and Hamburg Pike) 7 thence Nortll 39 degrees - 0.4 minutes West, 124.06 feet along said proposed riqht-~f- way line on t~he property' line dividing the Ha~a_n and Terre!l properties7 thence North 63 degrees - 30 minutes East, 3~.35 feet following said pro.oerty line tca point on the centerline of Dutch Lane; thence South 39 degrees - 0.4 minutes East, ]23.31 feet more or less to the true placs of be~inninq~ containing 0.085 Acres. The a~ve description contains the ~-.ew right-o~f-wa? and the existing right-of-way. NOTICE___OF INTENT TO CONSI_DER PRoPOSED__D CHANGE OF ZONING MAP_ Notice is hereby given that on April 5, 1999 at 7:00 PM , 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 JeffersonviIle, Indiana, intends to consider an ordinance, which, if adopted, would change the zoning map designation of the following described property from DESCRIPTION OF PROPER~ THE CITY OF JEFFERSONVILLE- PROPERTYADDRESS: 2209 Dutch Lane, Jef£ersonville? Tndiana PROPERTY DESCRIPTION: Exhibit "A" The jeffersonville Plan Commission favorably/~[~~tt( recommend(ed) the adoption of an ordinance enacting this proposed change of zoning map designation after notice and hearing on March 30, ]999. 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 Cot]~il-may_take official-action at the conclusion of debate at this meeting. Such notice given and posted this J'/ .day of_r~~1~ , 19 99 jeffersonville Clerk-Treasurer EXHIBITA £ z~al Descriu do n A pa~c of Rirby's Subdivision in Su~-~ey No. S of the Illinois Grant in Clark County, indiana, being a par~ of the same land conveyed to Laurence at Deed Record No. 174, at page 36S cf t, he Clark County, indiana, records, and being more fully described as follows, to-wit: Commencing at the easternmost corner of said Sur~ey No. 8: ~nning thence Nor~.h 39 deg. 00.4' west, 2034.6 feet the line dividing Sur~eye Nme. S and 9 of ~e nois Grant to a nail in t--he center ef Dutch Lane. which is the True Place of Beginning of ~he !a~d to be herein described: Thence ~out~ SS de~. !0' ~'est, 15.50 feet to an iron pin in t. he westerly line of Dutch Lane; thence continuing Smu~h S5 deg. !0' west, 343.S0 feet, a tmtal ~f 259.30 feet, to an iron pipe in the easterly right-of-way line of a 60-foot railroad right-of-way.; t-~ence No~h 21 de~. 0O' west 129.41 feet with said right-cf-way line an iron pipe at Jamisorr Terrel!'s cor~er (Deed Record ~o. !88, at page 47, ) thence Nor~ 67 deg. 30' east 305.$4 feet witJ/ Terre!l"s line (Deed Record No. 159, at page 369) to an iron pipe in t-he westerly right-of-way line of Dutch !~_ne; t_~ce continuing North 67 deg. 30' eas~ 25.66 feet to a nail in the cente_~ o~ Dutch L~ne and the line ~iv~ding Surveys Nos. 8 a_nd 9 cf t~ke Illinois Grant: t-lance South 39 deg. 00.4' east 119.82 feet with the center of Dutch Lane to the T_~-~e Place of Begir~ning, containing 0.957 acres, of land. £xcepdn~ therefrom the real esza~e conveyed rD/he City of 7efferionv{Ile, Clark County. Indiana_ by deed dared Aprii i0, i996, mad recorded in Deed Drawer 28, instrument 640'7. mo~re particularly described as follows: A part of Kitty's Sub~ivisi'on in Survey No. 8 of the Illinois Gr=-nt in Clark County, Indiana, being a par~ of the same land conveyed to Lawrence Hagan at Deed Record ~o. ]74, at page 368 of the Clark County, indiana records and being more fully described as foi!ow~, to w~5: Commencing at the easterranost corner of said Su~ey No. 8; ~inninq thence North 39 de~rees - 0.~ minutes West. 2034.~ feet with the line dividing Surveys Nos. 8 and 9 of the Illinois Grant to a nail in the center o~ Dutch Lane, which is ~he t--ue place of beginning of the !and herein described: Thence South 65 degrees - ~0 minutes West, 31.14 feet to a point on the proposed right-of-way line of Prcjec~ No. M-..~C--C70G (an intersection improvement project at Dutch L~ne and H~hur~ Pike)7 thence North 39 de%-r-ees - 0.4 minutes West, ~24.06 feet along said proposed right-of- way line on the property' line dividing the Haq~q and Tes~e!l properties; thence North 63 degrees - 30 minutes East, 3~.35 feet following said property line t~ a =mint on the center!ine of Dutch Lane; thenoe South 39 de~rees - 0.4 minutes East, ~23.3~ feet more or Leas to the true place of beginning, containing 0.085 Acres. The a-~ve description contains the new right-cf-way and hhe existing right-of-way.