HomeMy WebLinkAbout2004-OR-27 STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE NO. 2004-OR-27
AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A
CERTAIN TRACT OF PROPERTY BEING A CERTAIN TRACT OF
PROPERTY WITH THE ADDRESS OF 5710 ~ HAMBURG PIKE FROM
RI: LOW DENSITY RESIDENTIAL TO C1: SMALL TO MEDIUM SCALE
GENERAL COMMERCIAL.
Whereas, Camie M. Stahl has filed a petition before the Jeffersonville Plan
Commission to change the zoning map designation of the real property described in the
attached "Exhibit A" from R1: Low Density Residential to C1: Small to Medium Scale
General Commercial; and,
Whereas, on April 27, 2004 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(13(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 May
17, 2004 at 7:30 o'clock p.m.; and,
Whereas, all interested persons having been given an oppommity 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 R1: Low Density 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 / 7 day of May 2004.
THE CIT]Y OF JEFff.~ONVILLE,
INDIAN~.~._,~///,
Presiding Officer
ATTEST:
Pegg~ V~nt~ ~-
Clerk-Treasurer
Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville
this ~O day of May 2004.
Peggy W~
Clerk-Tr~/
This Ordinance approved and signed by m~f of Mayl 2004.
Robert L. W/aiz, Jr., Mayor
DESCRIPTION
That port of Survey Number 48 of the Illinois Grant, Clark County, Indiono being
further described os follows:
Commencing o~ the south corner of Survey Number 48;
Thence clung the dividing llne of Survey Numbers 34 ond 48, North 54 degrees 55
minutes 57 seconds EcsC, 2447.79 feet;
Thence leovlng sold dividing llne, North 55 degrees 05 minutes 29 seconds West,
1849. 19 feet to u steel pin ond cop, the True Point of Beginning;
Thence South 55 degrees 51 minutes 4.~ seconds West, 7t2.56 feet to on iron pipe;
Thence North 54 degrees ~8 minutes 55 seconds West, t60.59 feet to o point being
South 34 degrees 18 minutes 53 seconds Eost from on iron pipe;
Thence North 55 degrees 52 minutes 04 seconds Eost, 7~0.26 feet Fo o steel pin
ond cop (soid steel pln ond cop being South 55 degrees 05 minutes 29 seconds
Eost, 527.59 feet from on iron pipe merklng ~he centerilne of Curt Street);
Thence South 55 degrees 05 minutes 29 seconds Eost, ~60.55 feet to the True
Point of Beginning.
This troct of lend contoins 2.6t8 ocres, ~which is subject to oil rights-of-woy
ond eosemen~s of record, including the right to use o 20-foot ~ide roodwoy
eosement os described in Oeed Drower 52, Instrument 6759 ond Deed Drower 50,
Instrument 6058.
O' 200'
400'
/REF, GRAVES
// DEED
417.21'
_A - o. 871 ACRES
~ - 0.872 ACRES
~. - 0,875 ACRES
TOTAL = 2,618AC,
CBS, LLC
D,D. 31, INS~, 4764
I, Herold L. Hort, hereby certify thor I hove surveyed the subject
tract shown end thor this survey wos executed occordlng to the
stondords set forth in Title 865, Article 1, Rule 12 of the Indiano
Administrotlve Code to the best of my knowledge ond belief.
Field wor/k woe completed//on Morch 25. 2004.
~(--Ee~istered L(o_~d S~rveyor No. 29800020
~ - STAHL-D,O. 50, INS~ 6058 =- = ........
~ - STAHL-D,D, 30, INS[ 25603 ~ ~ STATE OF
' be found in the drowln9 unless
otherwise noted.
~sUR~ySTEEL PIN AND CAP SET ~IS
JTL JACOBt, TOOMBS AND LANZ
NOTES:
BEARING r DISTANCE [
N 54'28'09" W 80.48'
N 54'18'35" W 160.59'
OLD ~NCE POOR CONDI~ON
80.50'~
X X X ' X
, 5'0 '29" wI
t so.50' w I
~ NOT~
ALL PIPES ~0~ IN INSET
ORIGIN IS BLANKENBEKER
NO SCALE
~'~'STEEL PIN 2.05'
SE OF LINE
I) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY THIS SURVEYOR AND AS A RESULT THE UNDERSIGNED IS
NOT RESPONSIBLE FOR THE INVESTIGATION OR INDEPENDENT SEARCH FOR EASEMENTS OF RECORD, ENCOMBRANCES,
RESTRICTIVE COVENANTS, OWNERSHIP TITLE EVIDENCE. UNRECORDED EASEMENTS, APPURTENANT EASEMENTS, OR ANY
OTHER FACTS THAT AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE,
2) THIS SURVEYOR HAS NO KNOWLEDGE OF AND HAS MADE NO ATTEMPT TO UNCOVER UNRECORDED EASEMENTS OR
ENCUMBRANCES AND AS SUCH THEY ARE NOT CONSIDERED PART OF THIS SURVEY,
5) THE WORD "CERTIFY" A~ ~HOWN AND USED HEREON MEANS AN EXPRESSION OF PROFESSIONAL OPINION REOARDING
THE FACTS OF THE SURVEY AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE. EXPRESSED OR IMPLIED.
4-) MONUMENTS SET OR RECOVERED THIS SURVEY ARE WITHIN O.3'd: OF GROUND SURFACE UNLESS OTHERWISE NOTED.
5) ONLY THE MONUMENTS THAT MEASURE 0.15 FEET OFF LINE OR FROM THERE CALCULATED POSITION WILL BE SHOWN.
6) ACCORDING TO THIS SURVEYORS RECORDS THE ACTUAL RIGHT-OF-WAY OF HAMBURG PIKE IS UNCERTAIN. RECORDS
SHOW THIS PORTION OF HAMBURG .PIKE IS EITHER 40 OR 50 FOOT WIDE.
CAMIE ~1. STAHL ~REGISTERED LAND SURVEYOR~
958 WATER STREET 1 OF ~
SURVEY AND DRAWING OF A PART OF SURVEY #46 CHARLESTOWN, INDIANA 47111
OF THE ILLINOIS GRANT, CLARK COUNTY, INDIANA (812) 256-0527
SCALE: 1' - 200' DATE: 4-25-04 DRAWN: H.L,H. CHECKED: H.L.H. DRAWING NO. 2004-05 JOB No. 2004-05
35°03'29~
~ ~.P.o.~.
O'
0
0
n~
O.
160.39'
34°18'33~ W
35°03'29'' W
1849o19'
200' 400'
SURVEY #48
P,O.C.
RAILROAD SPIKE
RECOVERED AT
SOUTH CORNER OF
SURVEY//48
ACCORDING TO COUNTY
SURVEY//35
.----.~ DIVIDING LINES
f
SURVEYOR'S RECORDS
~'~ STEEL PIN IN
CONCRETE
NORTH CORNER OF
SURVEY//34
ACCORDING TO COUNTY
SURVEYOR'S RECORDS.
SURVEY//47
DESCRIPTION
That port of Survey Number 48 of the Illinois Grunt, Clark County, Indlano being
further described os follows:
Commencing at the south corner of Survey Number 48;
Thence along the dividing llne of Survey Numbers 34 and 48, North 54 degrees 55
minutes ..~7 seconds East, 2447.79 feet;
Thence leovlng sold dividing llne, North 35 degrees 03 minutes 29 seconds West,
1849. 19 feet to o steel pin and cop, the True Point of Beginning;
Thence South 55 degrees 31 minutes 43 seconds West, 712.36 feet to on iron pipe;
Thence North 34 degrees 18 minutes 33 seconds West, 160.39 feet lo a point being
South 34 degrees 18 minutes 33 seconds East from on iron pipe;
Thence North 55 degrees 32 minutes 04 seconds East, 710.26 feet lo o steel pin
and cap (said steel pin and cap being South 35 degrees 03 minutes 29 seconds
East, 527.59 feet from on iron pipe morklng the centerline of Cart Street);
Thence South 35 degrees 03 minutes 29 seconds East, 160.33 feet to the True
Point of 8eglnning.
This tract of land contains 2.618 acres, which is subject to oil rights-of-way
end eosemenls of record, including the right to use o 20-foot wide ruadwoy
easement os described in Deed Drawer 32, Instrument 6759 and Deed Drawer 30,
Instrument 6058.
CAMIE M. STAI/I, ..~ 958 WATER STREET I 2 OF 3
VEY ANO DRAWING OF A PART OF* SURVEY .t~48 ~ CRARLESTOWN, INDIANA 47111 ~
SUR ' 812) E§6-0527
SURVEYOR'S REPORT
The purpose of this survey is to re-establish the title lines of described in Deed Drawer ,50°
Instruments 6058 and 2560,~ os recorded at the Office of the Recorder, Clark County, Indiana.
In accordance with the Indiana Survey Standards os defined in Title 865, Article t, Rule 12 of the
Indlono Administrotlve Code, the following observations and opinions ore submitted with reference
to the uncertainties in the Iocotlons of the lines and corners estoblished or re-established on this
survey os o result of the ovoilobillty and condition of record monuments according to the existing
deeds and plots of record:
The current descriptions for the subject proper~y ore the result of o survey conducted by
Blonkenbeker in 1971. All of the monuments coiled for in the record descriptions were recovered
and measured within 0.3 feet (plusJminus) of record distances. The northeastern line of the subject
property was the only one discovered to hove some uncertainty when compared to other record
monuments along the southeastern llne of what is commonly known os Silver Creek Industrial Pork.
The property to the northeast, prior to the subdividing (Cinci° LLC and CBB, LLC), was a large tract
of land conveyed to Groves and was surveyed by John H. Toombs, Jr. in 1986. The record
description for Groves indicated that the southeast llne (the llne in common with Stoh0 was to hove
been straight. The record description of Groves coils for the southeast line to begin at a point to be
2448 feet from the south corner of Survey Number 248 and end at an iron pipe co#ed for in the
centerline of Cart Street. The pipe coiled for in the centerline of Cart Street was recovered and was in
o straight line with the other monuments along the southeastern llne of Groves (excluding the ones set
in 197t). The 197t survey shows o steel fence post recovered along the subject llne. but does not
indicate what other information was used to re-estobllsh the northeastern line of StohL The pipes
set in 1971 were used for the sidelines of the Stohl property, but the iron pipe co#ed for in Cart
Street and the pins recovered to the southeast of the property were used for the re-estobllshment of
the northeastern line of the StohL The theoretical uncertolnty of locations set forth in this survey is
within the tolerances for 0 Class C Survey (0.50 foo~), os defined in lAC 865. ]'he following [s
summary of this surveyor's findings:
Summary:
Variations in reference monuments: None concerning the type of monument recovered.
Measurements differed from 0 to 2.4 feet (plus or minus)
between record monuments.
Discroponcles in record descr[ptlons and plots: Possible deed overlap between Stohl, Clncio LLC and
ceB, LLC. ThlSsPOSsible overlap may measure
to 2.4 feet (plU or minus).
Inconsistencies in llne of occupation: Occupation (fences) vorled from 0 to 2.5 feet (plus or minus)
from the re-established tlt/e lines.
SURVEY FOR I
CAMIE M. STAHL
SURVEY AND DRAWING OF A PART OF SURVEY 1~'48
OF THE ILLINOIS GRANT, CLARK COUNTY, INDIANA
HAROLD L, HART [ SHEET NO.
~REGISTERED LAND SURVEYOR~
958 WATER STREET ~ OF ~
CHARLESTOWN, INDIANA 47111
(812) 256-0527
STATE OF INDIANA
BEFORE TRE jEFFERSONVILLE PLAN C:OMMI~S~ION
1N RE THE APPLtCATION ~F
CAMIE M. STAHL TO REZONE A
CERTAIN TRACT OF pROPERTY
WITH THE ADDRESS I~ ~
HAMBURG PIKE
DENSITY RESI
TO C1: SMALL TO ~
GENERAL COMMERCI
ON
Whereas, Cam e. M, Sta.m r~lea a pea~u, u~.,.
. ~" :'" esi nation of the pr°pertie~:d~c~ibed m .
commiss on to ~hang~ :t~=~on~n~.~ g · ~ts 5710~:,Ramburg P~ke
· · "'F~ e~ , the address wh]c.
a~ached Exhibit K..(t~ ~;r P. y [ . Me ~am Scale General
Commerc,al and, ~ ~
; by publication, th, plan
Whereas, A~
Commission held a ~ on the petition on ~?il . ....
whereas, at th( u{ion of the hearing the Jeffemo
Commission voted by vo~ of its entire membershi~
recommend the of zoning designatic Pe~"to the
Jeffersonville ~ncil.
IT IS
Ptan Corn
Council enact by
property described
Low Density Resident!;al
So certified thi~ ~'
RFE 2B 2004
I that the
C'[; Small t~
day of April 2004.
lmon
from RI:
srcial and:
PRGE.03
NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAP
Notice is hereby given that on May 17, 2004 at 7:30 o'clock p.m. in the Multi-
~Purpose Hearing Room on the Third Floor of the City-County Building at 501 East Court
Avenue, Jeffersonville, Indiana, the Common Council of the City of Jeffersonville,
Indiana, intends to consider an ordinance, ~vhich, if adopted, would change the zoning . .
map designation of the following described property from RI: Low Density Residential
to CI: Small to Medium Scale General Commercial.
DESCRIPTION OF PROPERTY LOCATED IN
THE CITY OF JEFFERSONVILLE
PROPERTY ADDRESS: 5710 % Hamburg Pike
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 April 27, 2004. 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 29th day of April 2004.
Peggy Wilder
Jeffersonville Clerk-Treasurer