HomeMy WebLinkAbout1998-OR-44 STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE NO. fg~ ~
A. ORO,NA.CE C.A.G,.G ZO. .G ..AP DES,G.AT.O. OF A
CERTAIN TRACT OF PROPERTY LOCATED IN THE 4400-4500 BLOCK OF HAMBURG PIKE FROM
B-1 TO R-2
Whereas, Fountain Crest, 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 B-1 to
R-2; and,
Whereas, on June 30, 1998 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 July 14, 1998; 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 B-1 to R-2.
IT IS FURTHER ORDAINED that the zoning map of the City of Jeffersonvilie shall be amended to
include such change.
This ordinance shall be in full force and effect upon its adoption.
SO ORDAINED this ~V~ dayof ,,~,. ,19c~g.
COUUSN .~.~:~CIL OF_ .,~ .. /",)
t Thomas R Galli'gan' f/
Presiding ~)fficer
ATTEST:
C. Richard Spencer, Jr.//
Clerk and Treasurer //
of
~?~resented by rnt~ as Clerk and Treasurer to the Mayor of said City of Jeffersonville this ~' day · ,199~,
'~horfias R. G' ~' ' - -alli~an,'l~yor/ / '
M:\G ELS ENA'~ZONING~FOUNTAIN CREST ORDINANCE,DOC
TRACT I
BEING A PART OF SURVEY #33 OF THE ILLINOIS GRANT TO
CLARK COLYNTY, INDIANA, AND BEING FURTHER DESCRIBED AS
FOLLOWS:
BEGINNING AT AN IRON PIN ON THE sOUTHERN MOST CORNER OF
LOT 738 OF THE MEi~DOWS SUBDIVISION, UNIT 7A, AS SHOWN
IN PLAT BOOK 9 PAGE 30 OF SAID COUNTY RECORDS; THENCE
NORTH 68 DEG. 51' 56" EAST (BASIS OF BEARINGS) ALONG
THE LINE OF SAID SUBDIVISION, 307.59 FEET TO AN IRON
PIN; THENCE SOUTH 34 DEG. 12' 33" EAST ALONG A LINE OF
SAID SUBDIVISION, A_ND SAID LINE EXTENDED, Si~24E BEING
THE LINE DIVIDING SURVEYS #33 AND #34 OF SAID ILLINOIS
GRANT, 367.06 FEET TO AN IRON PIN; THENCE SOUTH 69 DEG.
01' 45" WEST 556.40 FEET TO AN IRON PIN ON THE WESTERN
MOST CORNER OF A TRACT OF LAND DESCRIBED IN DEED DRAWER
17, INSTRUMENT 3386 OF SAID COI~ RECORDS; THENCE
NORTH 14 DEG. 58' 15" WEST 200.0 FEET TO AN IRON PIN;
THENCE NORTH 16 DEG. 51' 27" WEST 125.25 FEET TO AN
IRON PIN; THENCE NORTH 85 DEG. 23' 23" WEST, 67.88 FEET
TO AN IRON PIN IN THE SOUTHEASTERN LINE OF A TRACT OF
LAND DESCRIBED IN DEED RECORD BOOK 294 PAGE 62 OF SAID
COUNTY RECORDS; THENCE NORTH 67 DEG. 58' 40" EAST 68.08
FEET TO AN IRON PIN; THENCE NORTH 68 DEG. 07' 09" EAST
128.05 FEET TO THE PLACE OF BEGINNING.
CONTAINING 4.088 ACRES, MORE OR LESS, AND BEING SUBJECT
TO ALL EASEMENTS OF RECORD.
TRACT I I
BEING A PART OF SURVEY #33 OF THE ILLINOIS GRANT TO
CLARK COUNTY, .INDIANA, AND BEING FURTHER DESCRIBED AS
FOLLOWS:
BEGINNING AT A STEEL PIN ON THE SOUTHERN MOST CORNER OF
LOT 738 OF THE MEADOWS SUBDIVISION UNIT 7A AS SHOWN IN
PLAT BOOK 9 PAGE 30 OF SAID COLrNTY RECORDS; THENCE
SOUTH 68 DEG. 07' 09" WEST 128.05 FEET TO A STEEL PIN;
THENCE SOUTH 8 DEG. 21' EAST 31.32 FEET TO A STEEL PIN;
THENCE SOUTH 16 DEG. 51' 27" EAST 75.12 FEET TO A STEEL
PIN, THE TRUE PLACE OF BEGINNING; THENCE CONTINUING
SOUTH 16 DEG. 51' 27" EAST 50.13 FEET TO A STEEL PIN;
THENCE SOUTH 68 DEG. 58' 49" WEST (PASSING THROUGH A
STEEL PIN AT 268.46 FEET), 297 FEET TO THE CENTERLINE
OF HAMBURG PIKE; THENCE NORTH 7 DEG. 50' 39" EAST ALONG
SAID CENTERLINE 57.09 FEET; THENCE NORTH 68 DEG. 58'
49" EAST (PASSING THROUGH A STEEL PIN AT 28.54 FEET),
273.08 FEET TO THE TRUE pLACE OF BEGINNING. CONTAINING
0.327 ACRE A~D BEING SUBJECT TO ALL LEGAL HIGHWAYS AND
EASEMENTS OF RECORD.
"Exhibit A"
/?
NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAP
Notice is hereby given that on July '14, 1998 at 7:00 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 B-1 to R-2:
DESCRIPTION OF PROPERTY LOCATED IN THE CITY OF JEFFERSONVILLE
PROPERTY ADDRESS: located in the 4400-4500 Block of Hamburg Pike
PROPERTY DESCRIPTION: Being a part of survey #33 of the Illinois Grant to Clark County,
Indiana.
The Jeffersonville Plan Commission favorably recommended the adoption of an ordinance
enacting this proposed change of zoning map designation after notice and hearing on June 30, 1998. 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 postedthis~__O-/ dayof~---.]~l~,.~ , 19__~
Jeffersonville Clerk-Treasurer
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE PLAN COMMISSION
IN RE THE APPLICATION OF
FOUNTAIN CREST, LLC
TO REZONE A CERTAIN TRACT
4400-4500 BLOCK OF HAMBURG PIKE
FROM B-1 TO R-2
CERTIFICATION OF FAVORABLE RECOMMENDATION
OF PROPOSED ORDINANCE
Whereas, Fountain Crest, LLC filed a petition before the Jeffersonville Plan Commission to
change the zoning designation of the property described in attached Exhibit A (the "Property"), from B-1
to R-2; and,
Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public
hearing on the petition on June 30, 1998; 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 June 30, 1998, the Jeffersonville Plan Commission
favorably recommended that the Jeffersonville Common Council enact by ordinance the proposed zoning
designation change of the property from B-1 to R-2 as requested in the petition of Fountain Crest, LLC.
So certified this~0 day of ~-~_/[~_, 19 ~
Edwin Voyles
Vice Chairman
M:\G ELSENA~.ONING/FOU NTAIN CREST CERTIFICATION DOC
STATE OF INDIANA~
COUNTY OF C~ARK ~
EEFORE THE JEFFERSONFILLE
CITY PLAN COMMISSION
IN THE MATTER OF THE PETITION OF
Fountain Crest, LLC
TO RE-ZONE PROPERTY
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PETITION TO AMEND THE
JEFFERSONVILLE, INDIANA ZONING ORDINANCE
To the Jeffersonville City Plan Commissiont
The undersigned petitioner respectfully requests an amendment to the Zoning Districts
set out on the District Zone Maps of the City of Jeffersonvllle, Indiana with respect
to the following described real estate, situated ie the City of JeffersonvilIe,
County of Clark, State of Iediaea, to-wit;
See Exhibit "A" attached hereto
and made a part hereof
The above described real estate is now in a district classified as
and it is requested that it be reclassified as R-?
9-1
for the following
That it will not materially affect the value of real estate surrounding said
property.
The proposed amendment would not be detrimental to public health, safety
morals or general welfare.
3. The proposed amendment will not be contrary to the public interest.
The proposed a~endment will eot alter the essential character of the
locality, the spirit of the Ordinance will be observed, and substantial
justice done.
WHEREFORE, the undersigned petitioner prays that the City of Jeffersonville Zoning
Ordinance be amended so that the subject real estate be classified as being in a
district of
Dated and signed by ~he petitioner at Jeffersonvi Clark Co nty, Indiana, this