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HomeMy WebLinkAbout2006-OR-33 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE NO. 2006-OR- 33 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY DESCRIBED AS BEING PART OF SURVEYS NO 11 AND 12 AND THE LINE SURVERY OF NO. 21 OF THE ILLINOIS GRANT IN THE CITY OF JEFFERSONVlLLE, CLARK COUNTY INDIANA, CONTAINING 46.118 ACRE TRACT MORE OR LESS FROM M2: MULTIFAMILY RESIDENTIAL AND CI: SMALL TO MEDIUM SCALE GENERAL COMMERCIAL TO PD-M2: PLANNED DEVELOPMENT MULTIFAMILY RESIDENTIAL AND PD-CI: PLANNED DEVELOPMENT SMALL TO MEDIUM SCALE GENERAL COMMERCIAL. Whereas, Irish Heights, 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 and CI: Small to Medium Scale General Commercial to PD-M2: Planned Development Multifamily Residential and PD- C 1: Planned Development Small to Medium Scale General Commercial; and, Whereas, on May 30, 2006 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 June 19, 2006 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: Multifamily Residential and CI: Small to Medium Scale General Commercial to PD-M2: Planned Development Multifamily Residential and PD-C 1: Planned Development Small to Medium Scale General Commercial; and IT IS FURTHER ORDAINED that the zoning map of the City of Jeffers0nville shall be amended to include such change. This ordinance shall be in full force and effect upon its adoption. SO ORDAINED this /(~d~ day of June 2006. COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA By: R~ Presiding Officer ATTEST: ~gy Clerk-Treasurer Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this S~-- day of~n~-~-20006. This Ordinance approved and signed by me this~~~6. Robert L. Waiz, Jr.,Mayor PAUL PRIMAVERA & ASSOCIATES REGISTERED ENGINEERS AND LAND SURVEYORS The following is a legal description prepared this 23~d day of May, 2006, of real property being a part of Survey # 11 of the Illinois Grant, Clark County, more particularly described as follows: Commencing at a magnetic aluminum monument at the common comer of Surveys #11 and #12 and the line of Survey #21, thence South 54° 33' 59" West on the line dividing said Surveys #11 and #21,843.52 feet to a point marking the Western comer of Ashley Square Subdivision, Section Two, this being the point of beginning, thence with the Southwestern line of Ashley Square Subdivision South 34° 42' 00" East 1847.40 feet to the Southernmost corner of commercial Lot "B" of Ashley Square Subdivision, said point being on the right of way of Tenth Street, thence with said right of way South 18° 48' 26" West 1108.30 feet, thence leaving said right of way North 34° 42' 00" West 926.63 feet, thence North 70° 59' 28" West 135.16 feet, thence North 34° 42' 00" West 679.55 feet, thence North 55° 18~ 00" East 60.00 feet, thence North 34° 42' 00" West 779.74 feet, thence North 54° 33' 59" East 911.07 feet to the point of beginning, containing 46.118 Acres, more or less. T:\documents\2006\06-10539 combined 1 & 2.wpd 301 E. Chestnut Street, P.O. Box 123, Corydon, IN 47112 Phone: (812) 738-4124 Fax: (812) 738-6740 e-maih pprimavera@primavera.win.net JUN 11 200S 20:17 FR KOUERT HRWKINSRCHTS 8122829171 TO 2856468 P.02/02 STAT15 OF JNDIANA BEFOIIE TFIE JEFFERSON'v'ILLE PLAN COMtMISsION IN RE THE AP?I,[C-ATION OF IKISF! HEIGHTS, I.LC TO ~ZO~ A CEKfAIN T~ACI' OF P~OPER~ BEING PART OF SUK~$ NO, AND t2 AND ~[~ LINE SuRlY OF NO, 21 OF TPI~ II, ilNOIS G~NT DESCRIBED AS 46.l 18 AC~5 OK LESS k~OM M2: MULTIFAMILY MEDIUM SCALE O~NE~L COM~KCIAL TO PD.M2: p~NNED DEVELOPMENT- MUrTIFAMILY KSSIDEN~ AND PD*C1: PLANN~',D S~kLL TO MEDIUM GENERAL COMMERCIAL aWm CAT,tON Ct~rm~zission to ~an~e the ~o~g a~i~ou of the ptoperw descgbed "A' (thc "P~opc~q"~, from M2: M~ifam~y ~sid~n~l ~nd CI: Sm~ to Gcn~gl Co~e~cial to pD-M2: Planned Developmcnt M~tif~y K~iidcndal and PD-C1; pt~na~d D~.~Iopment S~ll to Mcdi~ 8C~I¢ Genial Co~¢tc~l, ...... Co~ion hem Whereas, ~fter 9~oper no~ee by pub~cadon~ the J~ffez~o=vm~ r~ -- a p~b~c heard cm thc pe~on on M~y 30, 2006i and, Wketca% at thc conclusion of thc h~g thc J,fferson~ Phn Co~~sion voted by x majofi~ xrOt2 Of its en~e membets~p to hvorably zeco~e~d the p~oposed change of zo~g designaeon of[h~ P~:ope~ to ~eJeffcr~onvflle Co~on Comdl. IT tS TIIEREFORE CERTIFIED that on ~y 30, 2006, thc Jeffet, onv~e Com~ssion hw>tably r~co~ended ~t tee Jeffex~on~e Co--on Co~ enact b7 ozdiaanc~ ~e proposed zomg de~i~a~on change of the prop~:~' ~om Md; R~sidcndal and Ct: Smdt to Mc&ira S¢~e Gc~ml Co~erc ,1 to pD-M2 Planned Development M'~fifamfly Kesid~n~q aris ?D Scale G:nezal Co~ctcial, =s tequcsmd ~ So cerfificd ~ 30~'' day off Mty 2006. Hal ** TOTGIL PfilGE. 02 ** PAUL PRIMAVERA & ASSOCIATES The following is a legal description prepared this 23rd day of May, 2006, of real property being a part of Survey #11 of the Illinois Grant, Clark County, more particularly described as follows: Commencing at a magnetic aluminum monument at the common comer of Surveys #11 and #12 and the line of Survey #21, thence South 54° 33' 59" West on the line dividing said Surveys #11 and #21,843.52 feet to a point marking the Western comer of Ashley Square Subdivision, Section Two, this being the point of beginning, thence with the Southwestern line of Ashley Square Subdivision South 34° 42' 00" East 1847.40 feet to the Southernmost comer of commercial Lot "B" of Ashley Square Subdivision, said point being on the right of way of Tenth Street, thence with said right of way South 18° 48' 26" West 1108.30 feet, thence leaving said right of way North 34° 42' 00" West 926.63 feet, thence North 70° 59' 28" West 135.16 feet, thence North 34° 42' 00" West 679.55 feet, thence North 55° 18~ 00" East 60.00 feet, thence North 340 42' 00" West 779.74 feet, thence Nortt~ 54° 33' 59" East 911.07 feet to the point of beginning, containing 46.118 Acres, more or less. T:\documents~006\06-[ 0539 combined I & 2.wpd 301 E. Chestnut Street, P.O. Box 123, Corydon, IN 47112 Phone: (812) 738-4124 Fax: (812) 738-6740 e-mail: pprimavera@prirnavera.win.net NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAP Notice is hereby given that on June 19, 2006 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 M2: Multifamily Residential and C 1: Small to Medium Scale General Commercial to PD-M2: Planned Development Multifamily Residential and PD:CI: Planned Development Small to Medium Scale General Commercial. DESCRIPTION OF PROPERTY LOCATED IN THE CITY OF JEFFERSONVILLE PROPERTY ADDRESS: Being part of Surveys No. 11 and 12 and the line survey of No. 21 of the Illinois Grant, Jeffersonville, Clark County, Indiana, containing a 46.118 acre tract 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 May 30, 2006. All interested persons are invited to attend and be heard regarding this matter. This Jef£ersonville 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 12th day of June 2006. Peggy Wilder Jeffersonvilte Clerk-Treasurer Prepared by: Leslie D. Merkley City Attorney Sharon King Paralegal