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HomeMy WebLinkAbout2005-OR-30 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE NO. 2005-OR- 30 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY DESCRIBED AS 8.859 ACRE TRACT LOCATED ADJACENT TO 4314 HAMBURG PIKE IN THE CITY OF. JEFFERSONVILLE FROM RI' LOW DENSITY RESIDENTIAL TO C2' MEDIUM TO LARGE GENERAL~COMMERCIAL Whereas, John ZurSchmiede Builder, Inc. has filed a petition before the Jeffersonville Plan Commission to change the zoning map designation o}' the real property described in the attached "Exhibits A", "B" and "C" from R I' Low Density Residential to C2: Medium to Large General Commercial; and, Whereas, on April 26, 2005 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(f)(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 July 11, 2005 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 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 "Exhibits A", "B" and "C" is hereby changed from RI' Low Density Residential to C2' Medium to Large 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 i[~ day ofJuly 2005. THE CItY OF JEF/FE~fl?ONVILLE, By: '" -~~/e~ L./_a_iz, Jr. Presiding Officer ATTEST: P~gg~W~ Clerk-Treasurer Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this ~ day of July 2005. Peggy w uaer-- Clerk-Treasurer Rob r 15'59 8127386748 PRIHAVERA & ASSO. PAUL PRIMAVE~ & ASSOCIATES, INC. RF..GI~TF-I'~F-D E:NGIN~;E;I~I AND L, ANI~ ~BUI,tVE:YOI'ttl PAGE [2, ~CT #3 The following is a legal description prepared tiffs a legal description prel~ared this 3d day of September, 2003, ofreal property being a part of Sm'vey #33 of the .,, :.... :.,,,,.,..,?.r,.~.~. ,,~_ ~.c~°~' Cn~,,..rm~., o ~, ,Ind~~ r.,~ :,~, .... l~~~nville .:, rowmhip, Clark County,. '~ "'l~djmm, being depicted a.~ Tract #3 on a survey by t-am t-mnavera and As:mcmtes, Inc., Job No. 03-9210, more particularly described as follows: Commencing ~t the Easternmost comer of Survey #33,. thence with the co~mon line between Smwey~ #33 and #~4, North 34' 59' 05" West 677.00 feet to a reinforcing bar with a yellow plastic cap stamped, "Primavera & Assoc. #~)049", on the W'e~t~ right of wsy of the CSX Railroad, this type of monument her~,inafter referred to as a capped reinforcing bar, thence cominuit~ along said .line lx[orth 34' 59' 05" East 558.2t6 feet to an iron pin, thi~ beh~g the point of'beghud~, tttence leaving said line and parallel with tim Westem fight of way of said CSX Railroad, South 44' 12' 55' We~t 1195.83 feet to a capped reixfforcing bar on the right of'way of¥~temm Parkway, thence with said right of'way Norfl~ 80" 06' 03" We~t 172.04 feet to a capped reinforcing bar, thence North 36' 25' 17" W,~st 131.79 feet to a capped rehfforcing bar on the F_astem right of w. ay o£ttmnburg Pike, tlmnce ',;~,~o~'04" 1'2'~~' ~~ ~j?:~' :fe~,~t~ a'~~f~inforcmg'bar, tflenee leaving said right of way S°uth 85' 37' 07:' East 85.50 feet to an kon pin, thence-No,fl~ 04' 0 39" East 229.81 feet to an iron pin, thenc, South 86' 02' 00" East 105.0~t ITeet to an iron pin:~g, the' $oUthwe~temmo~t comer of Lot #123 of'Kingsfield Subdivision, Revise.d Section One, as recorded in Plat Book #11, Pag, 1, ~tmnce with. the Southern line of said ~ubdivi~ion South 81' 10' 03" East 72.67 !."e~',~ to an. iron pin, then~ N~ 68' 2t6' 10" East. 810.84 feet to an iron pin, thenc~' ~ith the W~tem line of'Kingsfi.eld Subdivi,ion, Section Five, as recorded in Pla~: l~look # 11, Pag, 55, South 32' 25' 54" East 54.21 feet, to the point ofbcginning, 8. $5 9 Acres, mom or less. Being a.P.art of that pmperry conveyed to John Zursc~~e Builder, h'x'., ia Deed Drawer 27,..Inst. tr~m,, nt #!..1668 in the Office °film Recorder of Clm'k C~)uaty, ' ,' .~..,, ,tO t'~j~,l~ ' :~,,~-',r,~,,(l~.~;'l ir' ,',~,.~,.,.~,e~l, ~t~.,.~, 0~.' ~,~:,e!~.'~ :'.- ' .s ~ , Being subject to' aH easements, restrictions, and rights of way of record. I 301 E. Chestnut Street, RO. Box 123, Corydon, IN 47112 Phone: (812) 738-4124 Fax: (812) 738-6740 e.mall: pprlmaveraOprimavera.win, net Joseph M. Voyles, Personal Representative. of the Estate of Hazel L. Voyles, deceased, which estate is under the supervision of the Circuit Court of Clark County, under Cause Number 83-P-169 in the office of the Clerk of the Circuit Court of Clark County, Indiana, pursuant to orders of the Circuit Court of Clark County, Indiana, dated the 19th day of-August, 1994 and the 13th day of February, 1995, for good and sufficient con~iderati'on, conveys to John Zurschmiede Builder, Inc. the following described real estate in Clark County, State of Indiana, to-wit' See Exhibit 1 attached hereto and made of part hereof. Grantee assumes and agrees to pay the real estate taxe-s due in May, 1996 and thereafter. William C. Voyles died on or -about September 26, 1939. IN WITNESS WHEREOF, the said Joseph' M. Voyles, as Personal - ~ Representative of the Estate of Hazel L. Voyles has hereunto set .. · ..~oYLE'S, .~ERS ON'AL REPRESENTA he Es t at e o~f Hazel L. Voyles, deceased ,,, ? ./ STATE OF INDIANA BEFOI:~ THE JEFF~S0~ILI-E PLAN COMMISSION IN RE THE APPLICATION OF JOHN ZUK$CHMIEDE BUILDER, INC. TO KEZO~ A CERTAIN TRACT OF PROPERTY BEING PART OF SURYBY NO. 33 OF THE ILLINOIS OKANT FROM RI' LOW DENSITY KE$1DENTtAL TO C2: MED~M TO LARGE GENERAL COMMERCIAL _C. ERTIFI,,C_&_TIO1N OF FAVORABLE, REC_O~NDATION Ol* ~tO~'OSEB OR~..INAN__C_g Whereas, Jol-m ZurSebmiede Builder, Ina. filed a petition before the Jeffersonville Pi~ Commission to ch~e the zo~ng desi~ati.on of~e ptope~ described, in a~hed E~ibits "A ,"B" and "C" (the "Pmpe~y"), ~om RI' Low D~i~ Residential to C2' Medim. to Large G~al Comm~ei~, Whereas, a~tet proper notlee by publication, the Jeffersonville Plan Commission held a public hearing ou the petition on April 26, 2005; aud, Whereas, at the conclusion of the hearing the Jeffer$onville Plan Commission voted by a majority vote of its entire membership to favorably recommend the proposed ~hange of zoning designation of the Property to the Jeffer~onville Common Council. IT I$ THEREFORE CERTIFIED that on April 26, 2005, the Jeffersonville Plan Commission favorably recommended that the Jeffersonv~Ile Common Council enact by ordinance the proposed zoning designation change of the properS, from RI' Low Density Residential te C2' Medium to Large GeaeraI' Comrne~¢ial a.~ reques~ecl in the petition of Jolm Zur$chmied. e Builder, Inc. So certified this 26th day of April 2005. Kovert, Chainnan 26/2003 15:59 8127386740 PRIHAVERA & ASSO. PAUL-PRIMAVE;RA & ASSOCIATES, INC. RI[GIlT[RED ENGINEER8 ANO LANI3 , , PC, GE il I T1L~CT #3 The following is a legal description prep~d this .a legal description prel~arcd this 3'a day of September, 2003, of real property being a part of.Survey #33 of the '~diarm, being depicted as TraCt//3 on a survey I)y t'aul t'rima and As:;ociates, Inc., lob No. 03-9210, more particularly described as follows: Commencing at the Easternmost comer of Survey #33, thence with the c:o~mon l.h~e between Surveys #33 and #34, North 34' 59' 05" West 677.00-feet to reinforcing bar with a yellow plastic.cap stamped, "Primavera & Assoc. #~)049", on fl~e Western right of way of the CSX Railroad, this .type of monmnent hcre.inaffer referred to as a capped reinforcing bar, thence cominuing along said line-blorth 34~ 59' 05' East 558.36 feet to an iron pin, fltis being the point of beghufing, thence leaving Said line and parallel with rite Western right of way of said CSX Ra[koad, South 44' 12' 55' West 1195.83 feet to a capped reitff'orcing bar on the i.xl{~rthem right ofway of Vetemm Parkway, thence with said right o'fway North ~;0" 06' 03" West 172,04 feet to-a capped reinforcing bar, thence North 36' 25' 17" W,,~st 131.79 fight of way So~th 85' 3T 07"- East 85.50 feet to an h'ou pin, thence-No,th 04' 01' 39" East 229.81 feet to an iron pin, thence South 86' 02' 00" East 105.0.4 l~eet to an iron pin'marking the' SoUthwcstemmost comer of Lot # 123 of Kingsfielc[ Subdivision, Revised Section One, as recorded in Plat Book # 11, Page I ~txence with the Southern line of said subdivision South 81' 10' 03" East 72.67 !!e~t to. an · . iron pin, thenc~ N~ 68' 36' 10" East 810.84 feet to an iron pin, thenc,~' with the Western line of. Kingsfield Subdivision, Section Five, as recorded in Pla~: Book # 11, Page 55, South 32' 25' 34" East 54.21 feet, to the point of'beginning, 8.859 Acres, mom or less. Being a.part of that property conveyed to John Zurschmiede Builder, Ira:., in Deed Drawer 27, .Ins..iXpme. nt//1.1668 in the Office office Recorder of Clark C;~uaty, ~~,~.,., .... ,,~,,.~,,.~. · :,,,,,,.,-,,,i,,,~;,"~. ~'..',,,,';.'~,.,~,', ,"-" ',. ,."..,'~,",'"',' "' ' "' · Being subject to'all easements, restrictions, atxd rights of way of record. 301 E. Chestnut Street, P.O. Box 123, Corydon, IN 47112 Phone' (812) 738-4124 Fex: (812) 738-6740 e.mail: pprlmavera~llpdmavem.win, net ;,'t .';'" ' '" i'..!' 3r~ PERSONAL REPRESENTATIVE S DEED Joseph M. Hazel L. Voy!es, the Circuit Court of Clark County, Voyles, Personal Representative of the Estate of deceased, which estate is under the supervision of under Cause NumDer 83-P.-169 in the Office of the Clerk of the Circuit Court of Clark County, Indiana, pursuant to orders of the Circuit Court of Clark County, Indiana, dated the 19th day of August, 1994 and the 13th day of sufficient February, 1995, for good and consideration, conveys to John Zurschmiede Builder, Inc. the following described real estate in Clark Indiana, to-wit- See-Exhibit 1 attached hereto and made of Grantee assumes and agrees to pay the real May, 1996 and thereafter. William C. Voyles September 26, 1939. County, State of part hereof. estate taxes due in died on or about IN WITNESS WHEREOF, the said Joseph M. Voyles, of the Estate of Hazel L. Representative his hand this Voyles, has 1.995. as Personal hereunto set REPRESENTATIVE of ~he Estate o'f Hazel L. Voyles, deceased / .. .. / J // .NOTIC. E OF INTENT TO CONSIDER PROP. OSED CHANGE OF ZONING MAP Notice is hereby given that on July 11, 2005 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 C2' Medium to Large General Commercial. DESCRIPTION OF PROPERTY LOCATED IN THE CITY OF JEFFERSON VILLE _ PROPERTY ADDRESS' Being part of Survey No. 33 of the Illinois Grant, Jeffersonviile Township, Clark County, Indiana, containing 8.859 Acres, more Or less 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 26, 2005. 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 6th day of July 2005. Peggy Wilder Jeffersonville Clerk-Treasurer Prepared by: Leslie D. Merkley City Attorney Sharon King Paralegal