HomeMy WebLinkAbout2012-OR-34 fi
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE NO. 2012 -OR- SA/
AN ORDINANCE CHANGING THE ZONING MAP OF REAL ESTATE LOCATED AT
828 SPRING STREET, JEFFERSONVILLE, CLARK COUNTY, INDIANA BEING 0.826
} ACRES FROM C1 (SMALL TO MEDIUM SCALE GENERAL COMMERCIAL) TO C2
(MEDIUM TO LARGE SCALE GENERAL COMMERCIAL).
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Whereas, JOHN WOLPERT has filed a petition before the Jeffersonville Plan
Commission to change the zoning map designation of real property located at 828
Spring Street, Jeffersonville and as described in Exhibit "A"
p 9 bit A
WHEREAS, on July 31, 2012, the Jeffersonville Plan Commission considered an
petition filed by JOHN WOLPERT requesting that the C1 (Small to Medium Scale General
Commercial) zoning be changed to C2 (Medium to Large Scale General Commercial)
zoning on a 0.826 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 July 31, 2012; and
WHEREAS, the Plan Commission received evidence and information from the
Petitioner's representatives and spokespersons, received evidence and information from
remonstrators or citizens who were e e allowed to speak under the Commission' s rules,
reviewed any staff reports as were submitted, considered any legal advice rendered at the
meeting, and otherwise considered all relevant information submitted on the petition at the
hearing;
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(0(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 August
6, 2012; and,
IT IS, THEREFORE, HEREBY CERTIFIED as follows:
1. On the 31 nd day of July 2012 the Petitioner filed a petition with the
Jeffersonville Plan Commission to change the Jeffersonville Zoning Map asking that the
real estate described in the said petition be reclassified from C1 (Small to Medium Scale
General Commercial) zoning be changed to C2 (Medium to Large Scale General
Commercial). The property which Petitioners seek to have rezoned is described in
Exhibit "A ".
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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 -16.
, 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
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regard to (a) the comprehensive plan; (b) current conditions and the character of current
structures and uses in each district; (c) the most desirable use for which the land in
1 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 the
evening of April 24, 2012.
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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, and
after having heard from the Petitioner, any remonstrators or objectors, any and all staff
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
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City Council with NO RECOMENDATION from the Plan Commission, pursuant to Ind.
Code § 36- 7- 4- 605(a)(3), with a vote of two in favor and three opposed to the proposed
zoning change.
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NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of
Jeffersonville, Indiana that the zoning designation of the real property described above
is hereby changed from C1 (Small To Medium Scale General Commercial) to C2
(Medium to Large Scale Commercial); and
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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 6" day of August 2012.
COMMON COUNCIL OF
THE L /1 ' OF JEFFER N ILLE DIANA il
BY: ..t_Jr: .. f h ,t
Ed Zastawny, P siding Of fic r
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ATTEST:
Vicki Conlin
Clerk
Presented by me as Clerk to the Mayor of said City of Jeffersonville this 02,02 day of
AUGUST 2012.
Vicki Conlin
Clerk
This Ordinanc= a • • • ved and . igned by me this2 -- day of AUGUST 2012.
Mike Moore, M yor
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NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAP
Notice is hereby given that on August 20, 2012 at 7:00 o'clock p.m. in the
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 Cl (Small to Medium Scale
General Commercial) zoning be changed to C2 (Medium to Small Scale General
Commercial).
DESCRIPTION OF PROPERTY LOCATED IN
THE CITY OF JEFFERSONVILLE
PROPERTY ADDRESS: 828 Spring street, Jeffersonville, Clark
County, Indiana (see Exhibit "A" for legal description).
The Jeffersonville Plan Commission made no recommendation, with a vote of two
in favor and three opposed to the proposed zoning change, concerning the adoption of an
ordinance enacting this proposed change of zoning map designation after notice and
hearing on July 31, 2012. 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 this meeting at the conclusion of debate.
Such notice given and posted this 9 day of August, 2012.
R. Thomas Lowe
Corporation Counsel
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