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HomeMy WebLinkAbout2007-OR-29STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE N0.2007-OR- `2.~ AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY DESCRIBED AS BEING PART OF BLOCK NO. 103 LOCATED AT 928 WALNUT STREET FROM R3: OLD CITY RESIDENTIAL TO C1: SMALL TO MEDIUM SCALE GENERAL COMMERCIAL. Whereas, Jayesh and Darshana Sheth 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" and B" from R3: Old City Residential to C 1: Small to Medium Scale General Commercial; and Whereas, on May 29, 2007 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 4, 2007 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" and B" is hereby changed from R3: Old City Residential to C 1: Small to Medium Scale 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 ~ day ofd 2007. COMMON CO,kJNCIL OF THE CITY O JEFFER ] INDIANA 9 By: Robe . Wa' , Jr. Presiding Of icer ATTEST: ~.~ Pegg ilder Clerk-Treasurer Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this ~ day of-~Fa~y 2007. ~~ r Pegg y~~er Clerk-Treasurer -r This Ordinance approved and signed by me this da ay 2007. SATE - ~- -~~.. ~'~SSED (~' Q ~ YEA NEA ~~~~¢NS v ~asTAwn~Y ~____. ~ v SEI_l~ERS ~-! iPrflI.SON y GROGi~~fS ~ ____ M~~AT~. tY'____ .!2/ Robert L. aiz, Jr ,Mayor p~ f ~~'~~, ~~~ WARRANTY DEED MAIL TAX STATEMENTS TO: Shlrlsy Nolot. ~ Darshana Jay Sheth CLARK COUNTY RECORDER 928 Walnut Street Fi lsd for Reaerd as Prsssntsd j Z00'~343 Psis 1 of 2 Jeffersonville, Indiana 47130 CZ psis 13/28/2008 TiMS 12:06:06 Key No. 19-41-13 THIS INDENTURE WITNESSETH: That Nora C. Higbie, surviving widow of Fred G. Higbie (by and through her duly appointed Attorney In Fact) hereinafter called the Grantor, far and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, CONVEYS AND WARRANTS Unto Darshana Jay Sheth, hereinafter called the Grantee, in fee simple, the following described real estate in the County~of Clark, State of Indiana, described as follows, to-wit: BEING THAT PART OF BLOCK NO. 103 IN THE ENLARGEMENT OF THE CITY OF JEFFERSONVILLE, INDIANA, BOUNDED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID BLOCK, THENCE 50UTH WITH THE WESTERN LINE THEREOF AND THE EASTERN LINE OF WALNUT STREET 10 FEET TO A STAKE, THE TRUE PLACE OF BEGINNING, THENCE WITH THE w,ESTERN LINE OF SAID BLOCK AND THE EASTERN LINE OF WALNUT STREET 80 FEET; TO A STAKE, THENCE AT RIGHT ANGLES EAST 17p FEET TO A STAKE IN THE WEST LINE OF AN ALLEY, THENCE NORTH WITH THE WEST LINE OF SAiD ALLEY 80 FEET TO; A STAKE; THENCE AT RIGHT ANGLES WEST AND PARALLEL WITH TENTH STREET 170 FEET TO THE TRUE PLACE OF BEGINNING, BEING the same property acquired. by Fred G. Higbie and Nora C. Higbie, husband anti wife, by Warranty Deed recorded September 13, 1954, in Deed Record 190, Page. 453, in the Office of the Recorder of Clark County, Indiana. Fred G. Higbie having died March 24, 1974. Subject to any and all easements and/or restrictions of public record which may apply to the above real estate. The address of such real estate is commonly known as 928 Walnut Street, Jeffersonville, Indiana 47130. Grantor, Nora C. Higbie, attest that the marital relationship which existed between Fred G. Higbie and Nora C. Higbie, husband and wife, continued unbroken from the time they so acquired title to said real estate by deed dated September 13, 1954 and recorded September 14, 1954, in Deed Record 190, Page 453, until the death of Fred G. Higbie on March 24, 1974, at which time Grantor acquired title to said real estate as surviving tenant by the entirety. TO HAVE AND TO HOLD, the same un#o said Grantee, for and during her life, his or her heirs and assigns forever. SUBJECT TO FINAL ABC ~AN~E F4R TFiRNSFER Hov z s 200 ~~ AUgITOR, CLARK COUNTY _ i1 Jaysha t~ Darshana Sheth 928 Walnut Street PC-07-12 ~~ ~ J k~ - .~:Q - .. ~r i ~~~~h~~GLESr- ~SPv11TH S. 1, ~ .'F~~1 .3_`_ f~ _____ ~_i---------., .~. ~~ fem. ~~~c.~l_.-- Lr ~ ~``';I;; s~ r~, a ~ ~ ~ ~5 ~ r ~ ~,t z ~ ~f '~ ~ ,.~^ -~ p.•.r :rte; ~T - 1~4,x jj' ~~ / ~ K ;~ '~.-' c-- Eh. f. ~~~~~~ ~`~ ~~ / ~, { yr ~ ~~ '} ~= \ i 1 3 A ~~ ~ .~~ , ~ .. ' .=' i ~~, _. .._ ~ ,~` ' ~ " `' ,~ ~ ~ i'`~~~~ ~~~~~~ --°-R-a Jeffersonville_publi~_streets i f ~ " Clark_Co~Parcels_~ersican_2 ~' ~ Jeffersonville_preliminary_Delivery ~ Final~Jeff 13oundar~ C3: Small to Nlediunn Scale General commercial "` ~ ~`~ ` C2: Medium to Large Scale General Commercial ~ DC: Dovvntorn~n Cor~amercial I•iC: Highv~eay Commercial i 11: Puniness Park/Light industrial 12: industrial Park/Heavy Industrial IR: iN~F' FZedevelopment lS: Institutional flees M~: Limited Multifannily Residential M2: Generai Muftifamiiy Residential MP: Mobile Home Park NC: Neighborhood Commercial NI: Neighborhood Industrial OC: (~f~ce Commercial PR: Parks and Recreation _ J R1; Loen~ ®ensity l~esiden~ial R2: Medium Density Residential R3: Gld City Residential MAY 30 2007 15 13 FR KOV~RT HAWKINS 8122829171 TO 2856468 P.02i03 STATE Ol"' ~Z~tNt~ BIPOR>r TS~E JEFFERSON'V'IS,I:,E.~LAN CO~NlZSSION I1~1 RE TT-IF APP~.IG~IIC~N 4F J,A,''i'ES~-I ANI7 I~ARST~,NA SHETH TO RETQNE A CERTAIN TR~1.C'T QF PI"t0i'ERTY BEING PART Qr IIT,CCK X10. 1~3 LOCt~.T'EU AT 9~8 ~VA,LNiJT STREI/T FFLOIVi R3: OLD CTTY ~tESII7E.NTTAT Tf] C I : SMALL TO MEDIUM SCALE GEN'BRA~.. COlvl'vIE>~CT.AL CEIt'X'X'~'~CA~'IOI~ Q~ ~~,,VORABILE REC(]MMEI'~IDATIf~N OF' PY~t7~+C?aFI~ ORDINANCE 'Vtlhereas, Jayesh and Darshazaa She#l~, filed a petitiazt before the Jeffersonville Plan Cozrzrnissi.on to c~xar~ge the zoning dcsiation of the property described in attached. Exhibits "A and II," (tl7e "Property"}, .from R3: Qld City Residential to C1. Sma11 to 1Vlcdium Sca1.e General Commercial, ~.xd. Whereas, after proper notice by publication, the Je£fexsonville PIan Commission held. a public hearing on the petition on May 29, 2007; and, Whereas, at the canclusicn o1'the l~earino the .Te,f#'ersaz~ville Plan Commission voted by a majority vote of its entire membezshzp to fa~rorsbly recommend the proposed change o.C zoning designation of'thc Property to the,Jefifer~4nt~i1le Cornman ~ouucil. IT IS TlFIE7t>~;»'ORE CERTII`IED that on May 29: 2.x07, the JefEersan~villc Flan Cornmissio~z favorably zccoznmended that the Je~crsonville Caznn~an CQU.z~,cil enact by ordinance the proposed zoning designation change of th,c property Frain. i~3: Old City Reside~~tial to CI: Small to Medium Scale Gelaera.l Coru,mercial as ret~uested .i.n iY~e petition ofJayesh atzd narsbana 5heth. So cext$fied this 29`" day of.Ivlay X00". MAY' 3~ 20'7 i2~07 ~ ~R~~d~~ ccrc ia7 NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAP Notice is hereby given that on June 4, 2007 at 7:30 o'clock p.m. in City Council Chambers, First Floor, Jeffersonville City Hall, 500 Quartermaster Court, 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 R3: Old City Residential to C1: Small to Medium Scale General Commercial. DESCRIPTION OF PROPERTY LOCATED IN THE CITY OF JEFFERSONVILLE PROPERTY ADDRESS: Block No. 103 located at 928 Walnut Street, Jeffersonville, Indiana. 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 29, 2007. 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 30th day of May 2007. Peggy Wilder Jeffersonville Clerk-Treasurer Prepared by: Leslie D. Merkley City Attorney Sharon King Paralegal Sheth ProAerty 928 Walnut_Street -Request for Change of Zoning to C1 ~ ~ 7~i~~~` a~~( ~ ~i1T~, a ~ y ~ x1 ~ £esx ~S (([f c ~ S a£ .yy~~ l Y9 £ . ~ ~..-. ..:.: 1 M .. ;~h. K - ~ 3 i „ r N ~ ~ £ r r ~ iA w c ?+n 1 ~ 4 ~ ~~ `~~ ~ l } ~ - {30FIGe~t>cmnm`ru~a££~...'°"^yk .E~~~ ~ -'~, ~j r . ~.''~ ~. ~.., ~,, ~ ~ , si` i,j qy~ ~ ~! M ~' ~:» a View from Alley looking west Zis Sheth Property 928 Walnut Street - Repuest for Change of Zoning to C1 928 ~~0~~ ~t~ Property is located at the corner of 10t" street and Walnut Street ,. i~< ~ ':S"«.n k ". _ E :_:..._ .a. a_. ...._.... a ~. ,~ .R a~. l..:.a ...._~ ~ View from lOt'' StreetView from Street lookingsouth 1/8 Sheth Property 928 Walnut Street -Request for Change of Zoning to C1 ? 1 i , . 1.w 'i~~~ 1 ~ii:fi [ ~,~ I f~ ~ _ { 'i ~ 4. ~~ ~4 s!S 3 1. ~» Q,~,A. f ~ it !~ T ~. i a ~ ~ i }~ ~ A ~\ .~ _ ~ '~` ~~ 9 # r„ i ~ ~ ~ 1 }~ 1 a View from Walnut Street looking East - South of Property is vacant C1 Zoned Property 3/8 Sheth Prouerty 928 Walnut Street -Request for Change of Zoning to C1 t , ~ °.-_ ~~1. ,, ~. .~., ~.. ,~ . ~. . , ..._._ ~~~ ; , } ,~ ~, „__ ,~~ " .~# ',~ ~d .. N ,_.~.~ ~_ , ~.. U. _ ~ :. ~° ~ ~~ ~, m, FA a"?rt'M7 } iii xh .ir~ y ~ ~. ~s a ~ ~s ~~ + M' ~ ~ ~ I = _ 'rte" Sri `.: - ~ 3 '7 ~3Ri3ri~ ~L~. Brummett Monument Company across at 931 Walnut Street 4/8 ;. ,, Sheth Property 928 Walnut Street -Request for Change of Zoning to C1 ~, l.v ,~~~ . ; ~ ~~' ~. K~~ , a ~ ~, , ..lu ..~ ~. .~ a' ~_ ~ i- '~, k 4 i, ~: ~ ;~~5 M ~ T _, ',1, :_ ,, ~ '" ~ [ (! ^ { {~ nisi.. 3i Mi ~.~~~~ ~ ~~~~w ~~ ~. tt ~ t# H.t 'f ~ fly ~ I w 3 3 nl f ~' t ~ rr~ .n n» A S '< k~ L ~ I ~~~' c 1'S t ~ f Jt i~ { .. tii 4 ~ ~ Chu ~.~i~ >k m~* y ~ gyp, ~l ~~~~ ~ tfi ~ ~ ~ ~ ~I ~ ~ '~' , .~ r ~~ies~~ ~ i~ , „, _,. sis Jeff Rental Mart & STIHL Chain Saw Sales and Service on East Sheth Property 928 Walnut Street -Request for Change of Zoning to C1 ~~ ...E F, s ~, ~ :, ` i r ",v ' ~ n '; ;3s3 d s ~ k~5s~~ South side is vacant property zoned C1 6/8 a 6 - Sheth Property 928 Walnut Street -Request for Change of Zoning to C1 _ ; , t ... n ~ _-- ~. ". i ~S ,_ n , . f~ir~'.'~t ''~ ~ xr Y sit, w. m ,c% ~ ~ " ~`"' F f ~ v ~ .u~~w~"t~'~.~4~t , ~;,.f ~ ~-~y¢,,e 1 xs ' ' ~ ~ ~ ~~ r~' .'"d ~ u~~ r ~f# i{ i~~ , „z-.;.may" ~' ~ ~ ~ '~~ x~'.,.~~',~~1a~xl~+;~dtdw»~yte~u.~~~~ Y ~ i krn 'f1':±r? ~."s~~ -_ Liquor Store and Engine Repair Shop across the N~- _. f ~ ~t r- ~ '{ x ~ ~ t FA '~ ~4, .a. 4 , f ~~'~ ~a ,t_ . ~~~, ~~s ~:; `s~ _, ~ fir. ', ~ ~: „~ N~ iul ~~ t.~?a:x s .~, ~i~. a +~ ~' kl~ ~ s . i L 1 H.~ ~~{ ~ a ~ N i .,, a ty F'~.r .}it ~.c F N,.,v, c.4 ~a~ «• f~i~~ A ,'r1 ,. ,~ ~ z ~, ~ "~ a^ . - "w' ~.. ~ '~ ~~~~~ 1 ~ ~n ~ ~;, r.~,. ,~,,.::a::~<:, 7/8 Sheth Proaerty 928 Walnut Street - Repuest for Change of Zoning to C1 ,~ ~ ~~> ~ ' ~ _ ~ 4 R~tt , (1 ~r t u~ .M„~Ly _ ~. M ~ .. j A ~~~ "~ ~ "M ri.[ zw~ . I .~ ~N '~~ ..~ i„ jT .r arm, ~ „~~ ~i . ~4. `~~ I -0 {S ~J g ~{ ~ ~. P & r y fil' u ~ ~ i( ~... ii 7_ _~ ~ ~A~ ~ m ~ c ~ p.0 Our Parking Lot on 10t" Street side sis ~., ~~: