HomeMy WebLinkAbout2012-OR-23 STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
F
ORDINANCE NO 2012 -OR- ,a
AN ORDINANCE CHANGING THE ZONING MAP OF REAL ESTATE LOCATED AT
1495 EAST 10 TENTH STREET, JEFFERSONVILLE, CLARK COUNTY, INDIANA
BEING 1.0 ACRES FROM C2 (MEDIUM TO LARGE SCALE GENERAL
COMMERCIAL) TO C1 (SMALL TO MEDIUM SCALE GENERAL COMMERCIAL).
Whereas, YOUNGSTOWN PARTNERS, LTD has filed a petition before the
Jeffersonville Plan Commission to change the zoning map designation of real property
located at 1495 East Tenth Street, Jeffersonville and described as follows:
A part of Lots 11, 16 and 17 of Latimer and Savitz Subdivision in Plat
Book 2, pages 56 and 57 in the City of Jeffersonville of the Illinois Grant
situated in Survey No. 2 of Clark County, Indiana, being part of the same
tract conveyed to Youngstown Partners LTD., at Deed Drawer 25,
Instrument No. 6256 and bounded as follows:
Commencing at a pipe recovered in the southwestern right -of -way line o=
Eastern Avenue (A.K.A. Nachand Lane) which marks the north corner of
Lot 9 of said Latimer and Savitz Subdivision, thence the following courses
of the boundary:
South 40 deg. 54 min. 00 sec. East, 430.52 feet along the southwestern
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ri ht -of -way of Eastern Avenue to a pin and cap, the True Place of
Beginning.
Thence the following courses of the boundary:
South 40 deg. 54 min. 00 sec. East, 120.10 feet along said southwestern
right -of -way to an iron pin;
South 21 deg. 53 min. 00 sec. East, 113.10 feet along said right -of -way to
an iron pin in the northwestern right -of -way of East Tenth Street (formerly
known as Indiana State Road 62);
Thence 225.00 feet along said northwestern right -of -way on a curve to the
right having a radius of 1870.00 feet and a chord which bears South 15
deg. 01 min. 26 sec. West, 224.86 feet to a railroad spike; thence leaving
said right -of -way.
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North 66 deg. 26 min. 00 sec. West, 43.00 feet to a railroad spike;
North 10 deg. 09 min. 51 sec. West, 91.66 feet to a railroad spike;
North 69 deg. 52 min. 40 sec. West, 86.20 feet to a railroad spike;
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North 15 deg. 01 min. 26 sec. East, 285.59 feet to the True Place of
Beginning and containing 1.000 acres of land.
Subject to Declaration of Easement at Deed Drawer 29, Instrument No
16764.
And also subject to all other easements of record.
WHEREAS, on April 24, 2012, the Jeffersonville Plan Commission considered an
petition filed by Youngstown Partners, LTD. requesting that the C2 (Medium To Large
Scale General Commercial) zoning be changed to C1 (Small To Medium Scale Gene - al
Commercial) zoning on a 1.0 acre parcel of property; and
WHEREAS, after proper notice in accordance with law, the Plan Commission held
a public hearing on the rezoning request on April 24, 2012; and
WHEREAS, the Plan Commission received evidence and information from tie
Petitioner's representatives and spokespersons, received evidence and information from
remonstrators or citizens who were allowed to speak under the Commission's rules,
reviewed any staff reports as were submitted, considered any legal advice rendered at tie
meeting, and otherwise considered all relevant information submitted on the petition at the
hearing;
regular this matter is now before the Co mmon Council at its g ular meetin 9 a er
certification of the proposed change of zoning map designation pursuant to the provisions
of I.C. 36- 7- 4- 608(0(1); and,
Whereas, this Common Council has timely posted notice of its intent to consider t e
proposed change of zoning map designation at the regular meeting scheduled for May 7,
2012; and,
IT IS, THEREFORE, HEREBY CERTIFIED as follows:
1. On the 24th day of April 2012 the Petitioner filed a petition with the
Jeffersonville Plan Commission to change the Jeffersonville Zoning Map asking that t e
real estate described in the said petition be reclassified from C2 (Medium To Large
Scale General Commercial) zoning be changed to C1 (Small To Medium Scale General
Commercial). The property which Petitioners seek to have rezoned is described as
follows:
A part of Lots 11, 16 and 17 of Latimer and Savitz Subdivision in Plat Book 2,
pages 56 and 57 in the City of Jeffersonville of the Illinois Grant situated in
Survey No 2 of Clark County, Indiana, being part of the same tract conveyed to
Youngstown Partners LTD., at Deed Drawer 25, Instrument No 6256.
2. The Petitioner submitted the petition pursuant to Ind. Code § 36-7-4 -
602(c)(1)(B).
3. The proposal was assigned Case No. PC- 12 -08.
4. In considering proposals for rezoning, pursuant to I.C. 36- 7- 4- 602(c)(3) and
I.C. 36 -7 -4 -603, the Plan Commission and the City Council must both pay reasonable
regard to (a) the comprehensive plan; (b) current conditions and the character of curr: nt
structures and uses in each district; (c) the most desirable use for which the land in
each district is adapted; (d) the conservation of property values throughout the
jurisdiction; and (e) responsible development and growth.
5. Notice was given and a public hearing was held on the Petitioner's rezoning
proposal under I.C. 36 -7 -4 -604, such public hearing having been conducted during th
evening of April 24, 2012.
6. Upon consideration of the factors required by law, after having reviewed the
{ petition and exhibits thereto, after having reviewed any letters of support or protest, a d
after having heard from the Petitioner, any remonstrators or objectors, any and all sta
reports, any and all comments by the Commission's attorney, the Commission by
majority vote of sufficient number Commission members voted to give the petition a
FAVORABLE recommendation.
7. The Petitioner's proposal for rezoning as described is being certified to the
City Council with a FAVORABLE recommendation from the Plan Commission, pursuant
to Ind. Code § 36- 7- 4- 605(a)(3).
NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of
Jeffersonville, Indiana that the zoning designation of the real property described abov°
is hereby changed from C2 (Medium To Large Scale General Commercial) zoning be
changed to C1 (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 7 day of May 2012.
COMMON COUNCIL OF
THE CI OF JEFFERSONVILLE, INDIANA
By:_ .
Ed Zastawny
Presiding Offi -r
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ATTEST:
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Vicki Conlin
Clerk
Presented by me as Clerk to the Mayor of said City of Jeffersonville this ` day of
e , 2012 at -30 A m.
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Vicki Conlin
z Clerk
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This Ordinance a roved and signed by me this 7 day of ,
,
2012 at /• /s .
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Mike Moore, Mayor