Loading...
HomeMy WebLinkAbout2023-OR-20 Ordinance Changing the Zoning to Property Located at 1500 Block of Plank Road (From R3 to M2) STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2023-OR- AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1500 BLOCK OF PLANK ROAD AND FULLY DESCRIBED IN ATTACHED - EXHIBIT A FROM R3-SINGLE FAMILY RESIDENTIAL SMALL LOT TO M2-MULTI-FAMILY MEDIUM SCALE . Whereas, Greg Miller with Community Action of Southern Indiana (CASI)filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 1500 Block of Plank Road and fully described in the attached Exhibit A from R3-Single Family Residential Small Lot to M2-Multi-Family Medium Scale and, Whereas, on March 28, 2023 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 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 hasAimely posted notice of its intent to consider the proposed change of zoning map designation at the regular meeting scheduled for April 3, 2023; 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 located on a portion of 1500 Block of Plank Road and fully described in the attached Exhibit A is hereby changed from R1-Single Family Residential Small Lot to M2-Multi-Family Medium Scale. • 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 3rd day of April, 2023. Common Council of the City of Jeffersonville, Indiana VOTED FOR: VOTED AGAINST: %�► ,€ ` /2b5 Z A/ figA71J - r en, President ATTEST: . /j ,, Lisa Gill City Clerk Prepared by: Les Merkley Corporate Counsel di le -«•>p•q4��•�,�t�., Community Action of Action. Southern Indiana, Inc. 201 East 15'^Street PARTNERSHIP Jeffersonville, IN 47130 ewww,wpM.of Swim..INf1r A,.OK,.,,OMMY MCIIII1M0,-„1001111, (812)288-6451 March 31 th,2023 City of Jeffersonville Planning and Zoning 500 Quartermaster Court,Suite 200 Jeffersonville, IN 47130 Acceptance of Conditions for Rezoning: Parcel 10-19-00-900-205.000-010 Dear Planning& Zoning, Per the findings of the Jeffersonville Plan Commission made during the public hearing held on March 28th concerning the rezoning of parcel 10-19-00-900-205.000-010 from R3 to M2,Community Action of Southern Indiana agrees to the conditions that the project contains at most three,one-story duplexes and agree to execute a zoning commitment, stating as such, to be recorded at the County following City Council Approval at their April 3rd,2023 meeting. Sincerely, E ke47. Executive Director Community Action of Southern Indiana In compliance with state and federal laws Community Action of Southern Indiana will not discriminate on the basis of race,color,national origin,age,sex, veteran s status,sexual orientation,manta'status or disability or other legally protected status. ,. �rt✓'�'S`4`d�,w- ''" .,,id'4 is t 'r- s a � .kr= WF.�,s e ^b�^°, 4>t�r"�'_i`= s DEPARTMENT OF LAW Les Merkley,Corporation Counsel/Director of Legal Affairs 81 235=6493 office 60 ° 812 985 6403 fax 4.1 WW W.cityofjeft net 0114 Jeffersonville City Hall 500 Quartermaster Court Jeffersonville,Indiana 47130 BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA IN THE MATTER OF THE ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1500 BLOCK OF PLANK ROAD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 (SINGLE FAMILY RESIDENTIAL: SMALL LOT)TO M2 (MULTI- FAMILY: MEDIUM SCALE) NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1500 BLOCK OF PLANK ROAD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 (SINGLE FAMILY RESIDENTIAL: SMALL LOT)TO M2 (MULTI-FAMILY: MEDIUM SCALE) Notice is hereby given that.the City of Jeffersonville has filed an Ordinance with the Jeffersonville City Council,Jeffersonville,Indiana asking for a change in.the zoning map designation of a certain tract of property located at 1500 Block of Plank Road as recommended by the Plan Commission from R3 (Single Family Residential: Small Lot to M2 (Multi-Family: Medium Scale). A public hearing will be held,on April 3,2023 at 7:00 pm in the City Council Chambers, lst floor, City Hall, 500 Quartermaster Court,Room 101,Jeffersonville,Indiana at which time and place all interested persons will be heard in reference to the matters set out in said ordinance. Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville,IN 47130 (812)285-6423 POSTED AND EMAILED ON March 29, 2023 TO THE FOLLOWING: Via Email to: clsucldeath@newsandtribu:ne.com Via Email to: newsroom(rinewsandtribune.com Posted to: www.ciiti•ofjeff.net STATE:OF INDIANA: • - - BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION'OF: Greq Miller w/ Community Action.of Southern Indiana (CASI) I.PC-23-09 TO REZONE CERTAIN TRACT: 10=1900-900-205.000-010 : - FROM: . . R3 (Single=Family Residential: Small Lot) to M2 (Multi-Family: Medium-Scale):: . . CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION _ : .. • • OF PROPOSED ORDINANCE • • Whereas;- Greg:Miller w/:CASK filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property : described in:attached Exhibit A (the"Property'),from . R3 to M2 . ;.Docket number: . PC-23-09. . ; and, • Whereas-, after notice bypublication, the Jeffersonville Plan Commission held a • proper public gthe petition on . :March 28, 2023 and hearing on Whereas, at the conclusion of.the hearing the Jeffersonville Plan:Commission voted by a majority vote of its entire membership to favorably/unfavorably/not:recommend the: proposed;change.of zoning designation of the Property to the Jeffersonville Common. Couricil; IT IS THEREFORE CERTIFIED that on March 28,2023 the Jeffersonville Plan: Comm,issi n (ci c% one):. rably Reco ends:/ Unfavorabl . Recommends/ Provides NO Recommendation. hat e Jeffersonville Common.Council enact by ordinance the proposed zoning designation change of the property from: as requested in the petition of. Greg:Miller with Community Action of Southern Indiana I PC-23.-09 So certified this 28th day of March : , 2023. . . . ivtq,;( Chairman O� Plan Commission y Staff Report cP March 28th, 2023 Case No: PC-23-09 L. koltVIN w Location: 1500 block of Plank Road Applicant: Greg Miller w/Community Action of Southern tiV Indiana (CASI) Current Zoning: R3 (Single-Family Residential: Small Lot) ��� Proposed Use: Multi-Family Duplex Council District: District 1 —Dustin White Request Rezone property from R3 (Single-Family Residential: Small Lot) r' 4 f` , ; �` p-� tf. to M2 (Multi-Family: Medium Scale). '4 " ,, j s ✓ ; Case Summary �r-��, o , � �► The applicant is requesting to rezone the subject parcel from ! ` � s ' '. R3 to M2 in order to construct a number of duplexes on the <. � r site. While the exact plans are not finalized, the applicant has " �� sent us draft plans that show three duplexes on the property;. ; 1 % � ;.' each duplex having two 3-bedroom units of 1,200 square feet. , / ,� ` Staff Finding/Opinion The parcel to be rezoned sits between an existing M2-Zoned /j property and single-family zoned properties. As such the �� % © � "i •i /4: 41 rezoning would not be considered spot zoning. It also meets ,, �,,' ' = n . • - 7�J the intent of the Comprehensive Plan in providing mixed • 6 '� � �; residential housing in this area. The proposed project, while r,.c r R • somewhat unusual in terms of site layout should not be a r`•\ < 1 detriment to the adjacent single-family dwellings. The M2 Zone .i: �, ' L 'r`':'.P%�rv.11 l'1 district intent states, however, that the Plan Commission should "exercise greater sensitivity where the M2 Zone district abuts single-family zone districts. This should be taken into consideration as rezoning the property could open the doors to a larger project with three stories and a max height of 40'. Staff suggests placing conditions upon this rezoning that the project will be no more than two stories and no more than 35' in total height to match the adjacent single-family zoning. Criteria for Consideration The Jeffersonville Zoning Ordinance and Indiana State Statute IC 36-7-4-603 outlines that the following shall be considered when the Plan Commission is reviewing a rezoning request: • The Comprehensive Plan; • Current conditions and character of structures and uses in each district; • The most desirable use for which the land in each district is adapted; • The conservation of property values throughout the jurisdiction; and • Responsible development and growth. Required Action Make a motion to forward this rezoning to the Jeffersonville City Council with one of the following options: Favorable Recommendation, Unfavorable recommendation, or No Recommendation. Recommended motion "I make a motion to forward the rezoning request PC-23-09 to the Jeffersonville City Council with (insert recommendation]as presented to the Plan Commission on March 28th, 2023. Page 1 of 11 PC-23-09 Staff Analysis for Change in Zoning The following is a summary of staffs analysis of the proposed development as it relates to the land use and development policies of the Comprehensive Plan and Unified Development Ordinance: Current Zoning and UDO Zoning District Intent Current Zoning f ?f'1'; :' ) The subject property is shown in the zoning map "b r o a '' t om to the right. The property is zoned R3 (Single- t),* Family Residential: Small Lot). There are a , . number of other parcels zoned R3 in the vicinity „ �`;i as well as some zoned MP (Mobile Home Park), `ti ';' �,� M2 (Multi-Family: Medium-Scale), C1 / (Commercial: Medium-Scale), and IN (Industrial: " . , Neighborhood-Scale). F . ' ,f �District Intent: Current ` ', '.? x , The R3 (Single Family Residential—Small Lot) District is intended to provide a land use category for single family homes on smaller-sized lots. The provisions that regulate this land use district should protect, promote and maintain existing residential areas in the City of Jeffersonville and may also be used for future housing growth. The Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to protect this district from conflicting land-uses such as industrial and large-scale commercial uses as well as nonfamily oriented businesses. Article 6 of this ordinance includes additional options and incentives for the development of subdivisions that preserve natural open spaces, floodplains, etc. that exist on site and/or dedicate and construct public park facilities. District Intent: Proposed: The M2 (Multi-family: Medium-Scale) District is intended to provide a land use category for medium- scale multi-family apartment, townhouse, or condominium developments. Such developments generally consist of a number of medium-scale buildings with no more than 12 units in a single building and no more than 100 units in a single development. The Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to integrate this district near other commercial districts and exercise greater sensitivity where this district is adjacent to other residential districts. This district should also be within close proximity to parks and open spaces that serve the residents. Future Land Use Map and Planning Districts The property to be developed falls within the Mixed Use land'use classification in the Future Land Use Map as shown below. This use blends a combination of residential, commercial, cultural, institutional, or industrial uses, or allows solely commercial uses. It can be one building, an urban, suburban, or village development. The blend should be physically integrated and functionally related to create a center or community. This use typically creates a greater variety in housing, reduced distances between housing, workplaces and amenities, more compact development, stronger neighborhood character, and should be pedestrian and bicycle friendly. Page 2 of 11 PC-23-09 i V - - - 4: Legend l L_a Pubticllnstitutional • • _____________________________ (P:#71 -1 Recreation/Open Space '' +. Light Industrial ,' Hea�ry lndustriaf Business Park7lndustrial t. 'Single Family Residential rdulti-Family Residential Mixed-Residential Alixed-Use-ComRes ® Commercial j/At - - '. 1 CRy limns Road f Future Land Use Map The proposed M2 Multi-family zone district fits within the mixed-use Commercial/Residential land use category shown in the future land use plan (shown above). Legend -. Primary Gateways a't Suburban Neighborhood Traditional fill Neighborhood/Workplace • a Suburban Workplace, IIIISuburban Marketplace: III Traditional Marketplace .70 rq. Regional.Marketplace Center Downtown Historic.District- Planning Districts Map The project falls into the Traditional Neighborhood Planning District on the Planning Districts Map. The following is/are description(s) of this planning district from the Comprehensive Plan. Traditional Neighborhood/Workplace This planning district is characterized by a mix of traditional neighborhoods interspersed with small to medium scaled commercial uses and legacy industrial sites. It is generally served by a grid pattern of streets with sidewalks and often includes alleys. Residential lots are predominately narrow and often deep, but the neighborhood may contain sections of larger estate lots, and other parcels on which appropriately integrated higher density residential uses may be located. Commercial buildings within the district often have little or no setback from the streets and are well integrated into the residential fabric. New housing opportunities, commercial development/redevelopment and civic/community uses should be encouraged. Expansion/development of legacy industrial uses should be very limited. The proposed project fits well within the Traditional Neighborhood/Workplace definition as it provides new housing opportunities in the area. Page 3 of 11 PC-23-09 Attachments • 1. Current Zoning 2 pg. Layout 2. Proposed Zoning 2 pg. layout 3. Site Plan 4. Duplex Elevation 5. Letter of Intent Page 4 of 11 PC-23-09 • Current Zoning Information R3 District (Single Family Residential - Small lot) 3.40 R3 District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The R3(Single Family Residential Commercial:General Communications/Utilities -Small Lot)District is intended to •child care center(day care) •telecommunications facility(other provide a land use category for Residential than microcellular) single family homes on smaller-sized •child care/day care(owner- Residential lots.The provisions that regulate occupied) • boarding house(owner occupied) this land use district should protect, •dwelling:single family •co-housing community promote and maintain existing •residential facility for •dwelling accessory dwelling units residential areas in the City of developmentally disabled/mentally •dwelling multi-family-duplex2 Jeffersonville and may also be used ill(less than 4 units) • residential clubhouse/community for future housing growth. •senior living/retirement community room3 The Jeffersonville's Plan Commission (not assisted living or nursing Institutional/Public Facilities and Board of Zoning Appeals home)-see Appendix 1 •church,temple,or mosque should strive to protect this district Institutional/Public Facilities • public recreation center/pool from conflicting land-uses such • public park Miscellaneous Uses as industrial and large-scale Miscellaneous Uses • home occupation#2 commercial uses as well as non- • home occupation#1 family oriented businesses. Article 6 of this ordinance includes additional options and incentives for the development of subdivisions that preserve natural open spaces, floodplains,etc.that exist on site and/or dedicate and construct public park facilities. • Additional Notes: 1. See Article 8.3 for additional standards. • 2. Only if platted for individual sale in a new subdivision of more than 3 acres in size. 3-44 Jeffersonville Unified Development Ordinance Page 5 of 11 PC-23-09 R3 District (Single Family'Residential - Small lot) 3.41 R3 District Development Standards L Lot Dimensions Setbacks Other Requirements . _._ -...Lot Width- - -- - ' 'Rear Yard ,_..... — Setback �y Anescory® *'4 . (" ( Structures fir-. 1 p l Primary `yam l Lot Side 4D• El Area ���. {: � s Yard Structure I"M 1 Setback^ v {t Pry s [� 1 , (� —• �' Une j ` coLot e age Building Front Yard1 • Envelope I Setback i --Lot Frenfage--=RO.W. RO.W. /// R.O.W. // j /�' R.O.W.=As Orland on Trmragatam Plan _ R.O.W.o N Dena!on Thccou afarn Plan R.O.W.mAa Dewed on TtwmughGve Plan Minimum Lot Area: Minimum Front Yard Setback:2 Maximum Lot Coverage •4,000 Square feed •30 ft.when adjacent to an arterial •75%of the lot area Minimum Lot Width: •20 ft when adj.to a local street3 Minimum Residential Unit Size •25 feet Minimum Side Yard Setback: •800 square feet. Minimum Lot Frontage: •5 ft.for the Primary Structure Minimum Structure Width •25 feet •2 ft.for an Accessory Structure •22 feet for at least 60%of its length. Minimum Rear Yard Setbacic Maximum Primary Structures • '• 15 ft.for the Primary Structure • 1 Primary Structure •2 ft.for an Accessory Structure r Height Miscellaneous Notes: 1. In a new subdivision,up to 20%of lots may fall below this threshold, Accessory Structures with 3,500 square feet being the absolute minimum kei 2. In an established subdivision the front setback shall be the average of machan '°"" b ClrInla rAarakeye aka the adjacent homes,a 25%reduction may be taken on one face of a ""MP` corner lot / 3. At corner lots on local streets,the front setback may be reduced to 15' row Building.. Height i Flat Root Structures Gable Roof Structures Iron highest (from highest gable root) section of flat roof) Maximum Structure Height: •Primary Structure:35 feet •Accessory Structure:18 feet • See Article 7 for additional development standards • See Article 8 for additional use-specific standards Article Three:Zone Districts 3-45 Page 6 of 11 PC-23-09 Proposed Zoning Information • M2 District (Multi-family: Medium-Scale) rM?� 3.26 M2 District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The M2(Multi-family:Medium-Scale) Residential Communications/Utilities District is intended to provide a •co-housing community •telecommunications facility(other land use category for medium-scale •dwelling:single family than microcellular) multi-family apartment,townhouse, •dwelling duplex Institutional/Public Facilities or condominium developments.Such •dwelling multi-family-3 to 4 units •church,temple,or mosque developments generally consist of a •dwelling multi-family-5 to 6 units Residential number of medium-scale buildings •dwelling multi-family-7 to 12 units •assisted living facility with no more than 12 units in a • residential clubhouse/community •child care/day care(owner single building and no more than room occupied) 100 units in a single development. •senior living/retirement •dwelling multi-family(>12 units)2 The Jeffersonville's Plan Commission community) •nursing home and Board of Zoning Appeals should •residential facility for " strive to integrate this district near developmentally disabled/mentally other commercial districts and ill(4 bedrooms or less) exercise greater sensitivity where this district is adjacent to other residential districts.This district should also be within close proximity to parks and open spaces that serve the residents. • • Additional Notes: 1. Not assisted living or nursing home 2. This may be acceptable where only a single building is proposed and there are • less than 25 units 3-30 Jeffersonville Unified Development Ordinance Page 7 of 11 PC-23-09 M2 District (Multifamily: Medium-Scale) (f 3.27 M2 District Development Standards Lot Dimensions Setbacks Other Requirements - . TRear Yard ___...- r ,�` 4tl'� • . Setback a ..,? Accessory (;� j, SWctures . Lot...I• I 1 I Side Pmnery e; 'lea _ Yard " Structure 11 o Setback li: • •F 0• . • I �, Li } Li---1, ,,�� Pmparry I ;ID— �• 44) Line f (• Lot r Building ,Front Yard Coverage' Envelope Setback I - r•--Lot Fnnlage--i RO.W. RO.W, r r— R.O.W. RO.w.-As Donned on ihoexcn/am Plan ROM.v As moue on TDaugteem Pla" RO.W.-Ae Defined on Thoroughfare Ran Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage •20,000 sq.ft. •30 ft.when adjacent to an arterial •65%of the lot area Minimum Lot Width: •20 ft.when adj.to a local street or Minimum Residential Unit Size •80 ft. average setback whichever is less • 700 sq.ft.average per dwelling Minimum Lot Frontage: Minimum Side Yard Setback: unit in all multi-family structures in •50 ft. •25 ft for the Primary Structure1.2 the development,with 400 sq.ft.the • 10 ft.for an Accessory Structure3• minimum Minimum Rear Yard Setback: Maximum no.of Dwelling Units •25 ft for the Primary Structure • 100 units per development • 10 ft.for an Accessory Structure3 Height Miscellaneous Notes: 1. Side yard setbacks may be reduced to 15 feet where adjacent to any of Accessory Structures the following districts:C1,C2,CH,CO,M1,M2,&M3. cal 2. Side yard setbacks my be reduced to 10 feet where adjacent to any of mechani1 is exempt ,� the following districts:CD,CN,and R4. chimneys_ 3. Side yard setbacks for accessory structures may be reduced to 5 feet in j 1 any of the districts listed in notes 1 or 2 above. i`ehod ;Building I Height Flat Roof Structures Gable Roof Structures (from highest (from highest gable root) section of flat root) • Maximum Structure Height: • Primary Structure:40 ft. •Accessory Structure:18 ft. Maximum Stories •3 stories See Article 7 for additional development standards See Article 8 for additional use-specific standards Article Three:Zone Districts 3-31 Page 8 of 11 PC-23-09 Site Plan Site Plan with Area Map Parcel 10-19-00-9 00-205.00 0-010 / ,,,,,,, / 4/ .-• F 4 0/##T.,./. ' 4^ +d I. I ,. 4:9 '' sf 4 A ,,.� u ` ., \ \1 \ • . t\\ 3! r \ Eiridn4 UNIT1 s f • 4'; i -.N. • \ . I UNIT 2 'n Parkln6 `: I 4* \ •• . ' < � •t {06 UNIT3 r. w R UNIT? Parking , % UNIT 5 UNIT lk Parking Page 9 of 11 PC-23-09 • • o69'-a" x fi I 'i --I r_ 11i . t_ 1 I o1 i r 1 — \1 i s\....iiii,,,..;.//7.\\\\,6(----) l • F—_.a -1�� Porch . 0 • C i ' ' ; \;' . I 1200 SF-. { r--T--7-7-7 . . Li . . , 1 t j ' r--,,',, f — —• • —. ____„ 1200 SF Preliminary Duplex- Plan' T ii 1 Parcel 1O-19-00-900-205.00-010 - Porch _ __ _ _ _ - _ _ q C 30'--0' 1� . . . , _ ,1...iiiii._,„;:f ,H . O e :}x z55 J _ lD Letter of Intent ^9 mun►@p Community Action of .ficvm Southern Indiana,Inc. ction 201 East 15th Street PARTNERSHIP Jeffersonville,IN 47130 G mmard AebnorSoatereIMane MI•w•sKRU •,�ZAG (812)288-6451 • February 24th,2023 City of Jeffersonville • Planning and Zoning 500 Quartermaster Court,Suite 200 Jeffersonville,IN 47130 • Letter of Intent:Parcel 10-19-00-900-205.000-010 • Dear Planning&Zoning, Community Action of Southern Indiana(CAST)is requesting to rezone Parcel 10-19-00-900-205,000- 010 from R3 to M2.CASI is currently in the process of purchasing the parcel with the intent of building two or three duplexes on the site. The site and building plans submitted with this letter represent the maximum extent to which CASI intends to develop the property:three duplexes,each with two(2)three-bedroom units of 1200 square feet.Plans may be scaled back to build only two duplexes,and some of the units may be changed to one-or two-bedroom units instead of three. The duplexes will be built to Energy Star standards to minimize utility bills for the residence.The units will also be designed for accessibility.Consequently,the duplexes will be single story. Along with the construction of the duplexes a new driveway from Plank Road will be constructed to _ access fourteen parking spaces(two per unit,plus two extra guest spaces). The floor plans submitted with this letter are not finalized,but they do represent the intended scale and scope of the project.I(Gregory Miller)will be the designer for the duplexes.I have degrees in both architecture and mechanical engineer and I have experience designing energy-efficient,durable,and affordable housing.I currently manage the Weatherization program at CASI. Sincerely, re er • In compliance with state and federal laws Community Acton of Southern Indiana will not discriminate on the basis of race,color,national origin,age,sex, veterans status,sexual orientation,marital status or disability or other legally protected status. Page 11 of 11 PC-23-09 202306821 MISC $25.00 04/14/2023 01:54:29PM 4 PG5 Steve Gill Clark County Recorder IN Recorded as Presented I IIIIi l l l 11 II IIIII IIIII IIII IIIII I II II II III IIII II II IIII STATEMENT OF DEVELOPMENT COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A PETITION TO CHANGE OF ZONING This Statement of Development Commitments is made onn,{ / , 2023, by Phil Ellis,Executive Director of Community Action of Southern Indiana,Inc.,("CASI")the address of which,for purpose hereof,is 201 East 15th Street,Jeffersonville,IN 47130,pursuant to Indiana Code 36-7-4-1015. Whereas, CASI is this day acquiring the ownership of the real estate described on Exhibit A, attached hereto and incorporated herein(the"Real Estate"); and Whereas,the Real Estate is identified on the records of Clark County,Indiana,as Parcel Number 10-19-00-900-205.000-010;and Whereas,CASI filed a petition with the Jeffersonville Plan Commission to change the zoning of the Real Estate from R3-Single Family Residential Small Lot to M2-Multi-Family Medium Scale(the "Petition"); and Whereas,in connection with the Petition,CASI agreed to execute and have recorded a statement of commitment to be recorded in the Office of the Recorder of Clark County,Indiana;and Whereas, the Jeffersonville Plan Commission did, on March 28, 2023, certify its favorable recommendation of the proposed change of zoning classification of the Real Estate and provided such recommendation to the Common Council of the City of Jeffersonville,Indiana; and Whereas, the Common Council of the City of Jeffersonville, Indiana, did,on April 3,2023, adopt an ordinance changing the zoning classification of the Real Estate to M2-Multi-Family Medium Scale; and Whereas,CASI desires to make certain commitments regarding the future development of the Real Estate; Now, Therefore, CASI does hereby make the following Development Commitments as to the intended future use of the and development of the Real Estate. 1. CASI shall comply with the requirements of the M2-Multi-Family Medium Scale zoning 1 classification in the development of the Real Estate. 2. CASI shall not construct or have constructed more than three, one-story duplexes on the Real Estate. 3. The Development Commitments made herein shall be binding on CASI its successors and or assigns and any subsequent developer intending the same use as CASI. 4. The Development Commitments made herein may be added to, modified or terminated by a decision of the Clark County Plan Commission made at a duly called and noticed public hearing. In Witness Whereof,CAST has caused this Statement ofDevelopment Commitments,to be executed by its duly authorized representative on the date first set forth hereinabove. Community Action of Southern Indiana,Inc. By: ,.�}'- T' lis,Executive Director STATE OF INDIANA COUNTY OF CLARK } Before me, a Notary Public in and for said County and State, on 47/1, (C/ , 2023, personally appeared Phil Ellis,Executive Director of Community Action of Southern Indiana,Inc., who swore to the truth of the representations contained herein and who acknowledged the free and voluntary execution hereof on behalf of said entity. 4 '4 Joan E.Hyatt,No+. rp pet* ., .� Resident of Clads County N . •,i• iTc r. % ' SEAL-Stata of Indiana Commission Number:0714694 Printed: Resident of County,Indiana Commission E:tpires:June 28,202E My Commission Expires: My Commission Number: Prepared by Culler Law Office, LLC, Ronald D. Culler, Attorney, 2123 Veterans Parkway, Jeffersonville,Indiana 47130,phone 812-284-2685. I affirm, under the penalties for perjury, that I have taken reas le care to redo t each Social Security number in this document,unless required by law, ` Q G• -1 '-[e Person's name presenting for recording 2 Exhibit A The real estate located in Clark County,Indiana more particularly described as follows: Being 100 feet off of the Fa't side of part of Survey No. 9 of the Illinois Grant, bounded thus: Beginning at a stake in the grant line dividing Surveys Nos.2 and 9 of said Grant,the Southwest corner of Lot No.2 in Tract No.2 as shown in plat in Order Book"F", Page 164 in the office of the Clerk of the Clark Circuit Court, the true place of beginning;thence North 50 deg. East with the dividing line of said Surveys Nos. 2 and 9,35.74 poles to a stone in said line;thence North 40 deg.West 38.5 poles to a stake in the center of the Plank Road;thence South 22 deg.30'West with the center of said Road 40.25 poles to a stake,corner of said Lot No.2 above described;thence South 40 deg. East with the west line of said Lot No. 2, 21 poles to the Place of Beginning. Said 100 feet fronts 100 feet on Plank Road and extends back at right angles to said highway to the South line of said Survey No. 9 and containing approximately 1-1/2 acres. EXCEPTING THEREFROM, Being a part of Survey#9 of the Illinois Grant to Clark County,Indiana and being further described as follows: Beginning at a limestone monument on the east corner of said Survey#9,the south corner of Survey#10,and on the northwest line of Survey#2;Thence S.48°58' 15" W.,(Basis of Bearings)along the line dividing said Surveys#9 and#2,405.25 feet to a steel pin; Thence N. 40° 01' 15" W., 435.67 feet to a steel pin, THE TRUE PLACE OF BEGINNING;Thence continuing N.40°01' 15"W.,(passing through a steel pin at 161.45 feet), 188.6 feet to a P.K.nail in the centerline of Plank Road; Thence N.23°43'36"E.,along said centerline, 83.61 feet to a P.K.nail;Thence S. 40°01' 15" E.,224.27 feet to a steel pin;Thence S.48° 58' 15"W., 75 feet to THE TRUE PLACE OF BEGINNING. Containing 0.355 acre and being subject to all legal highways and easements of record. Which real estate is now more accurately described, based on the survey prepared by Blankenbeker&Son Land Surveyors Inc.,P.C. dated March 26, 1996, as Job No. 12,181, which is recorded in Miscellaneous Drawer 28, Instrument Number 12258, in the Office of the Recorder of Clark County, Indiana,as follows: Being a part of Survey#9 of the Illinois Grant to Clark County,Indiana and being further described as follows: Beginning at a limestone monument on the east corner of said Survey#9,the south corner of Survey#10,and on the northwest line of Survey#2;Thence S.48°58' 15" W.,(Basis of Bearings)along the line dividing said Surveys#9 and#2,305.25 feet to THE TRUE PLACE OF BEGINNING. Thence continuing S.48°58' 15"W.,along said dividing line,100 feet to a steel pin; Thence N.40° 01' 15" W.,435.67 feet to a steel pin; Thence N. 48° 58' 15" E., 75 feet to a steel pin; Thence N.40°01' 15"W.,224.27 feet to a P.K.nail in the centerline of Plank Road; Thence N. 23° 43' 36" E., along said centerline, 27.87 feet to a P.K. nail over a railroad spike; Thence S.40° 01' 15"E., (passing through a steel pin at 27.15 feet), 671.82 feet to THE TRUE PLACE OF BEGINNING. Containing 1.132 acres and being subject to all legal highways and easements of record. Duly Entered For Taxation 202306820 WD $25.00 Subject To Final Acceptance 04/14/2023 01:54:29PM 3 PGS For Transfer Steve Gill Apr 142023 EPM Clark County Recorder IN Recorded as Presented - " - IIII 11III 111 IIII ll1 111 IIIII 1 III 1 III II III II! III Auditor of Clark County Parcel Number: 10-19-00-900-205.000-010 Property Address: Vacant Land, Plank Road,Jeffersonville, IN 47130 Grantee's Name,Address, and Mail Tax Statements To: COMMUNITY ACTION OF SOUTHERN INDIANA, INC. 201 East 15th Street Jeffersonville, IN 47130 WARRANTY DEED This indenture witnesseth that, on April 14, 2023, Kenneth A. Edwards, an adult, of Clark County, Indiana, does hereby, for $10.00 and other valuable consideration the receipt whereof is acknowledged, CONVEY AND WARRANT to COMMUNITY ACTION OF SOUTHERN INDIANA, INC., an Indiana non-profit corporation, the following described real estate in Clark County,Indiana, to-wit: Being 100 feet off of the East side of part of Survey No. 9 of the Illinois Grant, bounded thus: Beginning at a stake in the grant line dividing Surveys Nos. 2 and 9 of said Grant, the Southwest corner of Lot No. 2 in Tract No. 2 as shown in plat in Order Book "F",Page 164 in the office of the Clerk of the Clark Circuit Court,the true place of beginning; thence North 50 deg. East with the dividing line of said Surveys Nos. 2 and 9,35.74 poles to a stone in said line; thence North 40 deg. West 38.5 poles to a stake in the center of the Plank Road; thence South 22 deg. 30' West with the center of said Road 40.25 poles to a stake,corner of said Lot No.2 above described; thence South 40 deg. East with the west line of said Lot No.2,21 poles to the Place of Beginning. Said 100 feet fronts 100 feet on Plank Road and extends back at right angles to said highway to the South line of said Survey No.9 and containing approximately 1-1/2 acres. EXCEPTING THEREFROM, Being a part of Survey#9 of the Illinois Grant to Clark County, Indiana and being further described as follows: Beginning at a limestone monument on the east corner of said Survey#9,the south corner of Survey #10, and on the northwest line of Survey#2; Thence S. 48° 58' 1 15"W., (Basis of Bearings)along the line dividing said Surveys#9 and#2,405.25 feet to a steel pin;Thence N.40°01' IS"W.,435.67 feet to a steel pin,THE TRUE PLACE OF BEGINNING;Thence continuing N.40°01' 15"W.,(passing through a steel pin at 161.45 feet), 188.6 feet to a P.K. nail in the centerline of Plank Road; Thence N.23°43'36" E.,along said centerline,83.61 feet to a P.K.nail;Thence S. 40°01' 15" E.,224.27 feet to a steel pin;Thence S.48° 58' 15" W.,75 feet to THE TRUE PLACE OF BEGINNING. Containing 0.355 acre and being subject to all legal highways and easements of record. Which real estate is now more accurately described, based on the survey prepared by Blankenbeker&Son Land Surveyors Inc.,P.C.dated March 26, 1996, as Job No. 12,181, which is recorded in Miscellaneous Drawer 28, Instrument Number 12258, In the Office of the Recorder of Clark County, Indiana,as follows: Being a part of Survey#9 of the Illinois Grant to Clark County,Indiana and being further described as follows: Beginning at a limestone monument on the east corner of said Survey#9,the south corner of Survey #10, and on the northwest line of Survey#2; Thence S. 48° 58' 15"W.,(Basis of Bearings)along the line dividing said Surveys#9 and#2,305.25 feet to THE TRUE PLACE OF BEGINNING. Thence continuing S. 48° 58' 15" W., along said dividing line, 100 feet to a steel pin; Thence N.40°01' 15"W.,435.67 feet to a steel pin; Thence N.48°58' 15" E.,75 feet to a steel pin; Thence N.40°01' 15"W.,224.27 feet to a P.K.nail in the centerline of Plank Road; Thence N. 23° 43' 36" E., along said centerline, 27.87 feet to a P.K. nail over a railroad spike; Thence S.40° 01' 15"E.,(passing through a steel pin at 27.15 feet),671.82 feet to THE TRUE PLACE OF BEGINNING. Containing 1.132 acres and being subject to all legal highways and easements of record. Memoranda 1. This conveyance is made free and clear of all liens and encumbrances, except the real estate taxes and assessments,which are being apportioned between the parties as of the date hereof,and therefore, the Grantee assumes such beginning with the installment due in the Spring of 2024. 2 2. Being part of the property acquired by Kenneth A. Edwards by deed dated 12/28/2001 and recorded with Clark County Recorder on 12/28/2001 as Instrument#200129257. In witness whereof, Kenneth A. Edwards has executed this Deed on the date first set forth hereinabove. /Zr, r, 4-a k a 4f;f41,4rir.X0----- Kenneth A.Edwards STATE OF INDIANA COUNTY OF CLARK) Before me, a Notary Public in and for said County and State, on April 14, 2023, personally appeared Kenneth A. Edwards who swore to the truth of the representations contained herein and who acknowledged the free and voluntary execution hereof. Joanna E.Hyatt,Not Fa!io r;' Residento gafkg at"� . N u c rot . SEAC'Ifate of Indiana �' ted Name: Y 4 Commission Number:0714694 Commission Expires: 't17 Cmresslon :June 28,2 fission Number. Resident of County, Indiana Prepared without benefit of title search or examination by Culler Law Office, LLC, Ronald D. Culler, Attorney, 2123 Veterans Parkway,Jeffersonville,Indiana 47130,phone 812-284-2685. I affirm, under the penalties for perjury, that I have taken re onable care to redact ch Social Security number in this document, unless required by law re 1\itiorA person's name presenti4ig for recording 3