HomeMy WebLinkAbout2004-OR-48 STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE NO. 2004-OR-48
AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A
CERTAIN TRACT OF PROPERTY KNO~VN AS 2307 UTICA PIKE IN THE
CITY OF JEFFERSONVILLE FROM Ri.~'~OW DENSITY RESIDENTIAL TO
PD-RI: PLANNED DEVELOPMENT-LOw DENSITY RESIDENTIAL
Whereas, Cherokee Rivers LLC 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 PD-R1: Planned
Development-Low Density Residential; and, :
Whereas, on July 27, 2004 the Jeffers6nville Plan Commission has certified to
the Council a favorable recommendation concgming the proposed change to the City's
zoning map; and,
Whereas, this matter is now before th( Common Council at its regular meeting
after certification of the proposed change of z~ning map designation pursuant to the
provisions of I.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 designati6n at the regular meeting scheduled for
August 16, 2004 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 reiarding this matter as required by law.
NOW, THEREFORE, BE IT ORDA~INED 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 PD-R1:
Planned Development-Low Density Residenti~l; 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 ~ (-0 day ~ ~August 2004.
~THE CITY/OF JEFF~43~S~JVILLE,
~: ~o'~r ¢aiz, J~.
Presiding Officer
ATTEST:
Peggy
Clerk-Treasurer
Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville
this 1~"? day of August 2004.
Pbggy
21erk-Treasurer
me ' {'-~ da ~i gust
This Ordinance approved and signed bi
~Obe
2004.
LEGAL DESCRIPTION
PARCEL I
A part of Share No. 4 of the Lawford White partition in Survey No. 4 of the Illinois Grant
6f Clark County, Indiana being a part of the same tract conveyed to Harold L. Perrin and
Catherine Perrin at Deed Record 245, page 255 and Deed Record 245, page 257 and
bounded as follows: Commencing at a ston.~ found in the southwesterly line of Survey
No. 4 which marks the westerly comer of said Survey No. 4; thence the following
courses: South 35 deg. 57' 19" East, 5628.91 feet along the line dividing Surveys No. 3
and No. 4 to the northerly right-of-way of Utica Pike; NOrth 65 deg. 37' 26" East, 778.12
feet leaving said dividing line, along said right-of-way to an iron pipe found, being on the
line dividing Share No. 3 and Share No. 4 o~the Lawford White Partition also being the
True Place of Beginning thence the followi~fg courses of the boundary: North 35 deg. 55'
12' West, 357.46 feet leawng smd right-of-way along smd Lawford division line to an
iron pin found; North 55 deg. 04' 58" East, 3~74 95 feet leaving said Lawford d/vision line
to an iron pin found; South 35 degl 55' 12" East, 402.60 feet to an iron pipe found in the
northerly right-of-way line of Utica Pike; S6uth 61 deg. 55' 58" West, 378.44 feet along
said Utica Pike right-of-way to the True Plade of Beginning and containing 3.271 acres of
land.
PARCEL II
A part of Share No. 4 of the Lawford White partition in Survey No. 4 of the Illinois Grant
of Clark County, Indiana being a part of the; same tract conveyed to Harold L~ Perrin and
Catherine Perrin at Deed Record 245, pag, e 255 and Deed Record 245, page 257 and
bounded as follows Commencing at a stofie found in the southwesterly line of Survey
No. 4 which marks the westerly comer 6f said Survey No. 4; thence the following
courses: South 35 deg. 57' 19" East, 5628.91 feet along the line dividing Surveys No. 3
and No. 4 to the northerly right-of-way of Utica Pike; North 65 deg. 37' 26" East, 778.12
feet leaving said dividing line, along said right-of-way to an iron pipe found, being on the
line dividing Share No. 3 and Share No. 4 6fthe Lawford White Partition; North 35 deg.
55' 12" West, 357.46 feet leaving said right,of-way along said Lawford division line to an
iron pin found, the True Place of Begifining; thence the following courses of the
boundary: North 35 deg. 55' 12" West, 1208 50 feet continuing along said Lawford
division line to an iron pin set; No~th 56.1 deg. 53' 44" East, 375.34 feet leaving said
Lawford division line to an iron pin set; South 35 deg. 55' 12" East, 196.65 feet to an iron
pin found, being the northerly comer of a 3 271 acre tract; South 55 deg. 04' 58" West,
374.95 feet to the True Place of Beginning knd containing 1.743 acres of land.
LAWFOR WHITE
PAR 'ION
HARE NO. 3 SHARE NO. A
CONSERVATION EASEME AT
D.O, 12, INST. 1212(
~.D. 18, INST. 3737
=m / CH[ROK[. . PA ~cELR VER,1 LLC I ~20' WIDE WATE8
I hereby ce~ify that I have ps.anally ~ o ~
su~eyed this prope~y in accordance with
the stondords set foAh in Title 865 lAC ,~~, .,
and tho[ the measurements shown on [his - 0 200 ~00
Pla~ ore ~rue and co~ect ~o [he best of ~ ~ ~ ~ ~
0~I0 R~R Scale 1" = 200'
June
2004
n H. Too bs, .
S~ FO~ ' ~ACOgL TO0g9S a ~Z, [~C. ~ EXHIBIT
CONS~G ENGINEERS
~D~
Aug-oB-a4 15:19 From-ClTYOFJeffersonvills +81~856488 T-8§~ P.02/0~ F-~?~
STATE OF INDIANA
BEFORE THE JEFFERSOiNVILLE PLAN COMMISSION
IN RE THE APPLICATION OF
CHEROKEE RIVER, LLCTO REZONE :
A CERTAIN TRACT OF PROPERTY
BEING A PART OF SHARE NO. 4 OF "~
THE LAWFORD WHITE PARTITION IN
SURVEY NO. 4 OF THE ILLINOIS GRAN~
IN THE CITY OF JEFFERSONVILLE FR(~M
'
R1: LOW DENSITY RESIDENTIAL TO PD-R :
PLANNED DEVELOPMENT-LOW DENSITY
RESIDENTIAL
C. ER,TIFICATION OF FAVORABLE RECOMMENDATION MADE
CONCERNING PROPOSED ORDINANCE CHANGE,
Whereas, Cherokee Rivers LLC has filed a petition before the
Jeffersonville Plan Commission to changethe zoning designation of the property
described in attached Exhibit "A" (the "Property"), RI: Low Density Residential to
PD-R!: Planned Development-Low Dens~ Residential, and;
Whereas, after proper notice by publication, the JeffersonvJlle Plan
Commission held a public hearing on the petition on July 27, 2004 and;
Whereas, at the conclusion of the hearing the Jeffersonville Plan
Commission voted by a majority vote of its membership to make a favorable
recommendation concerning the proposed change of zoning designation of the
Property to the Jeffersonville Common Council.
IT IS THEREFORE CERTIFIED that on July 27, 2004, the Jeffersonville
Plan Commiss on made a favorable recommendation concerning the
Jeffersonv lie Common Council enactment by ordinance of the proposed zoning
designation change of the property from ~2: Medium to Large Scale General
Commercial to C1: Small to Medium Scale General Commercial as requested in
the petition Realty Equities, LLC.
RUG 89 2684 16:30 +8122856468 PRGE.02
LEGAL DESCRIPTION
PARCEL I
A part of Share No. 4 of the Lawford Whitq Partition in Survey No. 4 of the Illinois Grant
6f Clark County, Indiana being a part of the same tract conveyed to Harold L. Perrin and
Catherine Perrin at Deed Record 245, page 255 and Deed Record 245, page 257 and
bounded as follows: Commencing at a stone found in the southwesterly line of Survey
No. 4 which marks the westerly comer bf said Survey No. 4; thence the following
courses: South 35 deg. 57' 19" East, 5628.91 feet along the line dividing Surveys No. 3
and No. 4 to the northerly right-of-way of Utica Pike; North 65 deg. 37' 26" East, 778.12
feet leaving said dividing line, along said right-of-way to an iron pipe found, being on the
line dividing Share No. 3 and Share No. 4of the Lawford White Partition also being the
True Place of Beginning; thence the follow~ing courses of the boundary: North 35 deg. 55'
12" West, 357.46 feet leaving said right-df-way along said Lawford division line to an
iron pin found; North 55 deg. 04' 58" East, 374.95 feet leaving said Lawford di,Asion line
to an iron pin found; South 35 deg. 55' 12'! East, 402.60 feet to an iron pipe found in the
northerly right-of-way line of Utica Pike; South 61 deg. 55' 58" West, 378.44 I~et along
said Utica Pike right-of-way to the True Place of Beginning and containing 3.271 acres of
land.
PARCEL II
A part of Share No. 4 of the Lawford White Partition in Survey No. 4 of the Illinois Grant
of Clark County, Indiana being a part of the same tract conveyed to Harold L. Perrin and
Catherine Perrin at Deed Record 245, page 255 and Deed Record 245, page 257 and
bounded as follows: Commencing at a stone found in the southwesterly line of Survey
No. 4 which marks the westerly coruer of said Survey No. 4; thence the following
courses: South 35 deg. 57' 19" East, 5628.91 feet along the line dividing Surveys No: 3
and No. 4 to the northerly right-of-way of Utica Pike; North 65 deg. 37' 26" East, 778.12
feet leaving said dividing line, along said right-of-way to an iron pipe found, being on the
line dividing Share No. 3 and Share No. 4 of the Lawford White Partition; North 35 deg.
55' 12" West, 357.46 feet leaving said right-of-way along said Lawford division line to an
iron pin found, the True Place of Beginning; thence the following courses of the
boundary: North 35 deg. 55' 12" West, 208.50 feet continuing along said Lawford
division line to an iron pin set; North 56 deg. 5Y 44" East, 375.34 feet leaving said
Lawford division line to an iron pin set; South 35 deg. 55' 12" East, 196.65 feet to an iron
pin found, being the northerly comer of a 3.271 acre tract; South 55 deg. 04' 58" West,
374.95 feet to the True Place of Beginnin. g and containing 1.743 acres of land.
L~WFOR ) WHITE: ' ~J ~
CONSERVATION EAS~L IT / nn .
,I HE PERRIfl FAMILY PARK FOUN[ ATION, INC. J ~ ~uj . jjj[
[he a[endards set fo~h Jn TiUe 865 lAC , .~~[
and [ha[ the meosuremen[s shown o~ [hta 0 200 ~00
. OHIO R~R Scale 1" = 200'
NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAP
Notice is hereby given that on August !6, 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, which, if adopted, would change the zoning
map designation of the following described property from RI: Low Density Residential
to PD-R1: Planned Development-Low Density Residential.
DESCRIPTION O1~ PROPERTY LOCATED IN
THE CITY OF JEFFERSONVILLE
PROPERTY ADDRESS: 2307 Utica 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 July 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 "day of August 2004.
Peggy Wilder
J~ffersonville Clerk-Treasurer