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HomeMy WebLinkAbout2007-OR-74 ST ATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE NO. 2007-0R-~ AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERT AIN PARCELS OF PROPERTY DESCRIBED AS BEING PART OF LOT NO. 118 OF CATHERINE M. HOPKINS SUBDIVISION AS SHOWN ON PLAT BOOK 3, PAGE 71 IN SURVEY NO.3 OF THE ILLINOIS GRANT, CLARK COUNTY, INDIANA: PARCEL II: FROM R1: LOW DENSITY RESIDENTIAL TO R2: MEDIUM DENSITY RESIDENTIAL, (1.280 ACRES +/-); PARCEL III: FROM R1: LOW DENSITY RESIDENTIAL TO R2: MEDIUM DENSITY RESIDENTIAL, (3.267 ACRES +/-); PARCEL IV: FROM R1: LOW DENSITY RESUIDENTIAL TO PR: PARKS & RECREATION, (0.0738 ACRES +/-) Whereas, Ashvin, LLC and Rekha, LLC have filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property described in the attached "Exhibits "A" from: Parcel II: from Rl: Low Density Residential to R2: Medium Density Residential, (1.280 acres +/-); Parcel III: from Rl: Low Density Residential to R2: Medium Density Residential, (3.267 acres +/-); Parcel IV: from Rl: Low Density Residential to PR: Parks & Recreation, (0.0738 acres +/-); and Whereas, on September 25,2007 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 ofI.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 October 15,2007 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 "Exhibit "A" is hereby changed from: Parcel II: from Rl: Low Density Residential to R2: Medium Density Residential, (1.280 acres +/-); Parcel III: from Rl: Low Density Residential to R2: Medium Density Residential, (3.267 acres +/-); Parcel IV: from Rl: Low Density Residential to PR: Parks & Recreation, (0.0738 acres +/-). IT IS FURTHER ORDAINED that the zoning map ofthe 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 /4 daYOf~~ 2()07. By: ILLE, I ATTEST: ~ uJ,1.& Pegg . der Clerk -Treasurer Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this _ day of 2007. ~~ Peggy 11 er Clerk- Treasurer J\o~r~~~ce approved and signed by me tho ~ d EXHIBIT A The following four parcels are a part of the 2.54-acre and 6.8965-acre tracts conveyed to Ashvin LLC and Rekha LLC by Instrument 200707638, and being a part of Lot No. 118 of Catherine M. Hopkins Subdivision as shown on Plat Book 3, Page 71 in Survey No.3 of the Illinois Grant, Clark County, Indiana, and being more particularly described as follows: PARCEL I DESCRIPTION OF PROPOSED "M2" ZONING AREA ommencing at the north comer of said Lot No. 118, being in the centerline of Market Street; ce along the northeast line of said Lot, 400 East, 25.60 feet to the original southeast right-of-way line of said Mark eet; thence along said right-of-way line, South 62042 'st, 1366.70 feet to a limestone monument; thence South 270 " East, 199.85 feet to a limestone monument; thence North 62042' " ast, 89.08 feet to a steel pin marking the northe st comer of a tract of land described by Deed Drawer 6, Instrument 9211, being the POINT OF BEGINNING; ost comer of a tract described by Deed Drawer 5, Instrument 4048; thence North 62041 '09" East, 203.68 feet; thence Nort " West, 200.00 feet to the south right-of-way of Utica Pike; thence along said right-of-way, North 62041'09" East, 3 .10 feet to the no mer of said 6.8965-acre tract; thence along the northeast line of said tract, South 39048'31" East, 313 feet; thence South 52042'40" 263.34 feet; thence South 88043'07" West, 138.66 feet; thence South 61016'05" West, .65 feet; thence 17.03 feet along the arc of a no ent curve to the right having a radius of 25 .00 feet and a chord which b North 09012'57" West, 16.70 feet; thence South 64038'5 st, 57.81 feet; thence South 29059'26" East, 122.68 feet; t ce South 67009'29" West, 209.17 feet; thence North 21 056'00" West, 97 feet to the True Point of ming 4. 151 acres. PARCEL II DESCRIPTION OF PROPOSED "R2" ZONLNG AREA 1 Commencing at the north comer of said Lot No. 118, being in the centerline of Market Street; thence along the northeast line of said Lot, South 400 East, 25.60 feet to the original southeast right-of-way line of said Market Street; thence along said right-of-way line, South 62042' West, 1366.70 feet to a limestone monument; thence South 27009'07" East, 199.85 feet to a limestone monument; thence North 62042'28" East, 89.08 feet to a steel pin marking the northernmost comer ofa tract ofland described by Deed Drawer 6, Instrument 9211; thence along the northeast line of said tract, South 21056'00" East, 184.97 feet to the TRUE POINT OF BEGINNING; Thence North 67009'29" East, 209.17 feet; thence South 30012'50" East, 91.73 feet; thence North 50017'59" East, 90.64 feet; thence South 38007' 18" East, 172.44 feet to the line dividing the State of Indiana and the Commonwealth of Kentucky; thence along said State line, South 51042'17" West, 1.89 feet; thence continuing along said State line, South 51055'42" West, 167.51 feet to the easternmost comer of a tract of land described by Instrument 200419496; thence along the northeast line of said tract, North 42042'53" West, 143.65 feet to a railroad spike on the northern right-of-way line of Arctic Springs Road; thence along said right-of- way line, South 82004'34" West, 77.29 feet; thence continuing along said right-of-way line, South 57041 '05" West, 69.21 feet to a limestone monument at the easternmost corner of said tract described by Deed Drawer 6, Instrument 9211; thence along the northeast line of said tract, North 21056'00" West, 131.95 feet to the True Point of Beginning. Containing 1.280 acres. ...."'. /" PARCEL III DESCRIPTION OF PROPOSED "R2" ZONING AREA 2 Commencing at the north comer of said Lot No. 118, being in the centerline of Market Street; thence along the northeast line of said Lot, South 400 East, 25.60 feet to the original southeast right-of-way line of said Market Street; thence along said right-of-way line, South 62042' West, 1366.70 feet to a limestone monument; thence South 27009'07" East, 199.85 feet to a limestone monument; thence North 62042'28" East, 89.08 feet to a steel pin marking the northernmost comer ofa tract ofland described by Deed Drawer 6, Instrument 9211; thence along the northeast line of said tract, South 21056 '00" East, 184.97 feet; thence North 67009 '29" East, 209.17 feet to the TRUE POINT OF BEGINNING; Thence North 29059'26" West, 122.68 feet; thence North 64038'52" East, 57.81 feet; thence 17.03 feet along the arc of a non-tangent curve to the left having a radius of 25.00 feet and a chord which bears South 09012'57" East, 16.70 feet; thence North 61016'05" East, 210.65 feet; thence North 88043'07" East, 138.66 feet; thence North 52042'40" East, 263.34 feet to the northeast line of the above referenced 6.8965-acre tract; thence along the northeast line of said tract, South 39048'31" East, 170.79 feet; thence South 50040'06" West, 574.93 feet; thence North 38007'18" West, 121.78 feet; thence South 50017'59" West, 90.64 feet; thence North 30012'50" West, 91. 73 feet to the True Point of Beginning. Containing 3.267 acres. PARCEL IV DESCRIPTION OF PROPOSED "PR" ZONING AREA Commencing at the north comer of said Lot No. 118, being in the centerline of Market Street; thence along the northeast line of said Lot, South 400 East, 25.60 feet to the original southeast right-of-way line of said Market Street; thence along said right-of-way line, South 62042' West, 1366.70 feet to a limestone monument; thence South 27009'07" East, 199.85 feet to a limestone monument; thence North 62042'28" East, 89.08 feet to a steel pin marking the northernmost comer of a tract ofland described by Deed Drawer 6, Instrument 9211; thence along the northeast line of said tract, South 21056 '00" East, 184.97 feet; thence North 67009'29" East, 209.17 feet; thence South 30012'50" East, 91.73 feet; thence North 50017'59" East, 90.64 feet; thence South 38001'18" East, 121.78 feet to the to the TRUE POINT OF BEGINNING; Thence North 50040'06" East, 574.93 feet to the northeast line of the above referenced 6.8965-acre tract; thence along the northeast line of said tract, South 39048'31" East, 61.08 feet to a point near the waters edge of the Ohio River; thence with said river's edge, South 51042'17" West, 576.60 feet; thence North 38007'18" West, 50.66 feet to the True Point of Beginning. Containing 0.738 acres. .,~. Ashvin, LLC & Rekha, LLC 2000 Utica Pike & 71 Arctic Springs PC-07 -26 Legend - JeffersonvilleJ)ublic_streets D Clark County Parcels D Jeffersonville_preliminary_Delivery D Final_Jeff_Boundary D C1: Small to Medium Scale General Commel _ C2: Medium to Large Scale General Com me DC: Downtown Commercial _ HC: Highway Commercial D 11: Business Park/Light Industrial _ 12: Industrial Park/Heavy Industrial _ IR: INAAP Redevelopment Institutional Uses Limited Multifamily Residential M2: General Multifamily Residential _ MP: Mobile Home Park _ NC: Neighborhood Commercial _ NI: Neighborhood Industrial _ OC: Office Commercial _ PR: Parks and Recreation D R 1: Low Density Residential D R2: Medium Density Residential _ R3: Old City Residential Sep 26 07 07:57p O~/LO'L~~' u,.~~ Pat Thompson "'-0-";0"'00 812-285-9405 orE.: 2 STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMrvtJSSION TN R.E THE APrLlCA nON OF ASHVIN LLC AND REKHA LtC TO REZONE CE.RT~IN PARCELS OF PROPERTY BEING A P AllT Of. LOT NO. 113 OF CATIlERlNE l'vL HOpKINS SUBDIVISION AS SHOWN ON PLAT BOOK :;, l' AGE 71 IN SURVEY 'NO. J OF THE ILLINOIS GRANT, CLARK, couNTY. INDIANA; PARCEL II: FROMR.l: LOW DENSITY RESIDENTIAL TO R2: MEDIUM DENSITY RESlDENTIAL (1.280 ACRES+I-); PARCEL III: FROM RI: LOW DSNSITY RESIDENTIAL TO R2: MEDtuM DENSITY RESIDENTIAL (3.267 ACRES +/-);PARCEL IV: FROM Rl: LOW DENSlTY RESIDENTIAL TO PR: PARKS & RECREATION (0.0138 ACRES +/-} CERTJJi1CA liON OF FAVORABLE RECOMMENDATIO.N OF PROPOSED QRDINANC~ Whereas, Ashvin, LLC and Rehka, LLC, filed a petition before the Jeffersonville Plan Commission to change the zoning de$tgnatlon ofthe certain parcels of property described in attached Exl1ibit "A" (tile "property"), as follows: ParcclU: nom Rl: Low Den!ity Residential to R2: Medium Density Residential (1.280 acres +(-); Parcel JJT: from Rl: Low Density Residential to R2: Medium Density Residential (3.267 acres +1-), and Parcel tv: from .Rl: Low Density 'Residential to PR: Parks and Recreation (0.73& acres +/-) and; Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public 1\e8l'ing on the: petition O~ September 25, 2007; and, Whereas, at the conclusion of the heating tbe Jeffersonville P1M Commission voted by il majority vote ofits entire memMrship to favorably recommend the propose<! change of zoning designation ofthe Property to th~ Jeffersonville Common Council. IT IS THEREFORE CERTIFIED tbat on September 2S, 2007, the Jeffersonville Plan Commission favorably recommended tbat the Jeffersonville Common Council enact by ordinance the proposed zonins designation thange of certain parcels of property as fa llows: PaTcel U: from Rl : Low Density Residential to R2: Medium Density Re~idential (1.280 aCTes +/-); Parcel Ill: from Rl: Low Density Residential to R2: Medium Density Re$idential (3.267 acres +/-), and Parcel IV: from Rl: Low Density 1U:sidential to PR: Parks and Recreation (0.733 acres +1-) lIS requested in the petition of Asb...in, LLC and Rekha, LLC. EXHIBIT A The following four parcels are a part of the 2.54-acre and 6.8965-acre tracts conveyed to Ashvin LLC and Rekha LLC by Instrument 200707638, and being a part of Lot No. 118 of Catherine M. Hopkins Subdivision as shown on Plat Book 3, Page 71 in Survey NO.3 of the Illinois Grant, Clark County, Indiana, and being more particularly described as follows: PARCEL I DESCRIPTION OF PROPOSED "M2" ZONING AREA Commencing a north comer of said Lot No. 118, being in the centerline of Market Stree . nce along the northeast line of said Lot, South 400 East, feet to the original southeast right-of-way line of said M Street; thence along said right-of-way line, South 62042' West, 1366.70 to a limestone monument; thence South '07" East, 199.85 feet to a limestone monument; thence North 62042'28" East, 89.08 fee steel pin marking the no ost comer of a tract of land described by Deed Drawer 6, Instrument 9211, being the TRUE POINT OF B Thence North 62042'28" East, 222.14 feet to the sternmost come tract described by Deed Drawer 5, Instrument 4048; thence North 62041 '09" East, 203.68 feet; thenc orth 2r20' 18" West, 200.00 ee e south right-of-way of Utica Pike; thence along said right-of-way, North 62041'09" ast, 339.10 feet to the north comer of said 6.896 - act; thence along the northeast line of said tract, South 39048'31" ,313.13 feet; thence South 52042'40" West, 263.34 feet; thence 88043'07" West, 138.66 feet; thence South 61016'0 -" est, 210.65 feet; thence 17.03 feet along the arc of a non-tangent curve to the rig ving a radius of 25.00 feet and a chor ich bears North 09012'57" West, 16.70 feet; thence South 64038'52" West, 57.81 feet; then outh 29059'26" East, 1 feet; thence South 67009'29" West, 209.17 feet; thence North 21056'00" West, 184.97 feet to the oint of Be' ing. Containing 4.151 acres. PARCEL II DESCRIPTION OF PROPOSED "R2" ZONING AREA 1 Commencing at the north comer of said Lot No. 118, being in the centerline of Market Street; thence along the northeast line of said Lot, South 400 East, 25.60 feet to the original southeast right-of-way line of said Market Street; thence along said right-of-way line, South 62042' West, 1366.70 feet to a limestone monument; thence South 27009'07" East, 199.85 feet to a limestone monument; thence North 62042'28" East, 89.08 feet to a steel pin marking the northernmost comer of a tract ofland described by Deed Drawer 6, Instrument 9211; thence along the northeast line of said tract, South 21056'00" East, 184.97 feet to the TRUE POINT OF BEGINNING; Thence North 67009'29" East, 209.17 feet; thence South 30012'50" East, 91.73 feet; thence North 50017'59" East, 90.64 feet; thence South 38007' 18" East, 172.44 feet to the line dividing the State of Indiana and the Commonwealth of Kentucky; thence along said State line, South 51042'17" West, 1.89 feet; thence continuing along said State line, South 51055'42" West, 167.51 feet to the easternmost comer of a tract of land described by Instrument 200419496; thence along the northeast line of said tract, North 42042'53" West, 143.65 feet to a railroad spike on the northern right-of-way line of Arctic Springs Road; thence along said right-of- way line, South 82004'34" West, 77.29 feet; thence continuing along said right-of-way line, South 57041 '05" West, 69.21 feet to a limestone monument at the easternmost corner of said tract described by Deed Drawer 6, Instrument 9211; thence along the northeast line of said tract, North 21056'00" West, 131.95 feet to the True Point of Beginning. Containing 1.280 acres. /" PARCEL III DESCRIPTION OF PROPOSED "R2" ZONING AREA 2 Commencing at the north comer of said Lot No. 118, being in the centerline of Market Street; thence along the northeast line of said Lot, South 400 East, 25.60 feet to the original southeast right-of-way line of said Market Street; thence along said right-of-way line, South 62042' West, 1366.70 feet to a limestone monument; thence South 27009'07" East, 199.85 feet to a limestone monument; thence North 62042'28" East, 89.08 feet to a steel pin marking the northernmost comer of a tract ofland described by Deed Drawer 6, Instrument 9211; thence along the northeast line of said tract, South 21056'00" East, 184.97 feet; thence North 67009'29" East, 209,17 feet to the TRUE POINT OF BEGINNING; Thence North 29059'26" West, 122.68 feet; thence North 64038'52" East, 57.81 feet; thence 17.03 feet along the arc of a non-tangent curve to the left having a radius of 25.00 feet and a chord which bears South 09012' 57" East, 16.70 feet; thence North 61016'05" East, 210.65 feet; thence North 88043'07" East, 138.66 feet; thence North 52042'40" East, 263.34 feet to the northeast line of the above referenced 6.8965-acre tract; thence along the northeast line of said tract, South 39048'31" East, 170.79 feet; thence South 50040'06" West, 574.93 feet; thence North 38001'18" West, 121.78 feet; thence South 50017'59" West, 90.64 feet; thence North 30012'50" West, 91.73 feet to the True Point of Beginning. Containing 3.267 acres. PARCEL IV DESCRIPTION OF PROPOSED "PR" ZONING AREA Commencing at the north comer of said Lot No. 118, being in the centerline of Market Street; thence along the northeast line of said Lot, South 400 East, 25.60 feet to the original southeast right-of-way line of said Market Street; thence along said right-of-way line, South 62042' West, 1366.70 feet to a limestone monument; thence South 27009'07" East, 199.85 feet to a limestone monument; thence North 62042'28" East, 89.08 feet to a steel pin marking the northernmost corner of a tract of land described by Deed Drawer 6, Instrument 9211; thence along the northeast line of said tract, South 21056 '00" East, 184.97 feet; thence North 67009'29" East, 209.17 feet; thence South 30012'50" East, 91.73 feet; thence North 50011'59" East, 90.64 feet; thence South 38007'18" East, 121.78 feet to the to the TRUE POINT OF BEGINNING; Thence North 50040'06" East, 574.93 feet to the northeast line of the above referenced 6.8965-acre tract; thence along the northeast line of said tract, South 39048'31" East, 61.08 feet to a point near the waters edge of the Ohio River; thence with said river's edge, South 51042' 17" West, 576.60 feet; thence North 38001' 18" West, 50.66 feet to the True Point of Beginning. Containing 0.738 acres. ''''" Ashvin, LLC & Rekha, LLC 2000 Utica Pike & 71 Arctic Springs PC-07 -26 Legend - Jeffersonville_public_streets D Clark County Parcels D Jeffersonville_preliminary_Delivery D FinaLJeff_Boundary D C1: Small to Medium Scale General Commel _ C2: Medium to Large Scale General Comme DC: Downtown Commercial _ HC: Highway Commercial D 11: Business Park/Light Industrial _ 12: Industrial Park/Heavy Industrial _ IR: INAAP Redevelopment IS: Institutional Uses D M1: Limited Multifamily Residential M2: General Multifamily Residential _ MP: Mobile Home Park _ NC: Neighborhood Commercial _ NI: Neighborhood Industrial _ OC: Office Commercial _ PR: Parks and Recreation D R 1: Low Density Residential D R2: Medium Density Residential _ R3: Old City Residential Prepared by: Leslie D. Merklev .9 ~ Q1 . >>' >"'t ;; ..... a .~ ~ ~ ;2 c....> ---I ---I LU a:::: => l- e...:> LU I- = I am Shirley Munich and my husband Jerry and I have lived at 63 Arctic Spring for over 45 years. First I would like to thank: those of you who reviewed the information you were provided or you visited the area so that you understand our concerns about changing our zoning from R-l to R-2 I have a few questions which I would like for you to consider this evening. Why does Arctic Spring have to be rezoned with the Kayrouz property? We would like to keep our own identity. With the R-l Classification we have, we can accept the three homes that would be built on the property called 71 Arctic Springs rather than five ,that would crowd the area, rezoned to R-2. If the rezoning passes, who will widen the streets so we can pass each other? What about the city and emergency vehicles? What about a turn around or cuI de sac at the end of the dead end? The first meeting it was noted by the attorney for the developer that there would be no room for a turn around or cui-de sac. Will the added traffic continue to use our driveways? One last question Why is the wooded natural secluded area North of71 Arctic Springs being rezoned to M-2. If it is to be kept as a nature trail as proposed, why change the zoning? Or rezone it as parks and recreation to provide assurances that it will not be developed. Please consider these questions and think about our area and the changes when you are asked to vote. Thank you. -^~~t'-;H . ( Cb c..v -~' - ~ ---Sl) ........-.. G\ ..:t:.~ \ ,+- , -\=- ~~r " , ll\ .. '1.. ? ....,. "j." ~~ ~ " ; ~ ~ ~ \.);I ...() , / ...---,[::.... ~ j;@I;':' l.t/. :+~~.. . t'! IIJ 7 ----~ _.~...:~. 071. . /J17A l:1f"l . . .'>' .;t..-~. ' ,. . Sl.-:.1_ --=:: JC). OJ/.f.' AI 4- C.'" .<.~.~ q-Z.I ~ _.~. '__"" L'" '?J .... ... ,:;'i'4".r ~ ~ I \ -~ ~ . "J '" rt., "'-J IV. .4"- O~...W' ..r? ,~. If.,. "if