Loading...
HomeMy Public PortalAbout2004-13 - AMENDMENT - ZONING MAPORDINANCE NO. 2004- 13 AN ORDINANCE AMENDING THE GREENCASTLE PLANNING AND ZONING ORDINANCE BY AMENDING THE ZONING MAP (1562 S. Co. Rd. 250 E.) WHEREAS, the Plan Commission of the City of Greencastle, pursuant to the Petition of the Putnam County Board of Commissioners, has prepared this Ordinance to amend the Greencastle Planning and Zoning Ordinance by amending the zoning map, and WHEREAS, the Greencastle Plan Commission has reported that it held a public hearing concerning this ordinance on May 24, 2004, after timely notice of the hearing was given by publication in the Banner- Granhio Greencastle, Indiana on May 14, 2004; and WHEREAS, the Greencastle Plan Commission has reported that it paid reasonable regard to the following factors enumerated in I.C. 36 -7 -4 -603 in consideration of the ordinance and determination of a recommendation to be made to the Common Council: 1, the Comprehensive Plan; 2. current conditions and the character of current structures and uses in each district; 3. the most desirable use for which the land in each district is adapted; 4. the conservation of property values throughout the jurisdiction; and 5. responsible growth and development; and WHEREAS, the Greencastle Plan Commission has certified this Ordinance to the Common Council with a recommendation by a majority vote in favor of adoption; and ® WHEREAS, the Common Council has considered the recommendation of the Greencastle Plan Commission and has paid reasonable regard to the factor enumerated in I.C. 36 -74-603 before acting on this Ordinance; and WHEREAS, the Common Council has determined that this Ordinance should be adopted without amendment as certified by the Greencastle Plan Commission. NOW THEREFORE be it ordained and adopted by the Common Council of the City of Greencastle, Indiana, that: 1. The City of Greencastle Zoning Map, Article 3 of the City of Greencastle Code, is hereby amended by changing the zoning classification for the following described real estate from LI to RA, in accordance with I.C. 36 -7-4 -614: Situate in the State oflndiana, County of Putnam and being apart of the Northeast Quarter of the Southwest Quarter of Section 14, Township 14 North, Range 4 West of the Second Principal Meridian, more particularly described to -wit: Commencing at a mag nail marking the Northeast Corner of the Northeast Quarter of the Southwest Quarter of Section 24, Township 14 North, Range 4 West; thence South 00 degrees 31 minutes 27 seconds {Vest 522.25 feet with the Fast line ofsaid Northeast quarter quarter to a mag nail and the true point of beginning of real estate herein described; thence South 00 degrees 31 minutes 27 seconds {Vest 452.75 feet with the East line ofsaid Northeast quarter quarter to a mag nail; thence North 88 degrees 09 minutes 00 seconds Rest 670. 00 feet to a 518 inch rebar; thence North 00 degrees 31 minutes 27 seconds East 452.75 feet to a 518 inch rebar; thence South 88 _4 degrees 09 minutes 00 seconds East 670.00 feet to the point of beginning, containing 6.97 acres, more or less. This ordinance shall have full force and effect upon passage. The Clerk- Treasurer of the City of Greencastle is ordered to have this Ordinance published by inserting a copy of the Ordinance in each of the thvo (2) sets of the City of Greencastle Code maintained on file for public inspection in the office of the Clerk- Treasurer. PASSED AND ADOPTED by the City of Greencastle Common Council this ?J_ day of 2004. Thomas W. Roach M rk N. Hammer ATTEST: Russell W. Evans Nancy A. Mich 1 Presiding O Iii. Teresa Glenn, Clerk- Treasurer l Approved and signed by me this 1 day of ki ek.kl 2004, at o'clock, _.m. Nancy Michael, ayor Teresa Glenn, Clerk- Treasurer I" Presented by me to the Mayor of Greencastle, Indiana, this 9-t day of 2004, at l� o'clock, Q .m. E GREENCASTLE CITY PLAN COMMISSION DOCKET NO. 2004-? 7 Amendment to Zoning Map of the City of Greencastle Code to rezone approximately 6.97 acres located at 1562 S. Co. Rd. 250 E, Greencastle, from LI zone to RA zone. Petitioner: Brad and Heather Grable WHEREAS, the Plan Commission of the City of Greencastle initiated and prepared the attached Ordinance to amend the Greencastle Planning and Zoning Ordinance by amending the zoning map; and WHEREAS, the Greencastle Plan Commission has reported that it held a public hearing concerning this ordinance on May 24, 2004, after timely notice of the hearing was given by publication in the Banner Graphic Greencastle, Indiana, on May 14, 2004; and WHEREAS, the Greencastle Plan Commission has reported that it paid reasonable regard to the following factors enumerated in I.C. 36 -7-4 -603 in consideration of the ordinance and determination of a recommendation to be made to the Common Council: 1. the comprehensive plan; 2. current conditions and the character of current structures and uses in each district; 3. the most desirable use for which the land in each district is adapted; 4. the conservation of property values throughout the jurisdiction; and 5. responsible growth and development. WHEREAS, the Greencastle Plan Commission certifies this ordinance to the Common Council with favorable recommendation, subject to the conditions or comniltments attached hereto and/or stated in the minutes of the Plan Commission, and incorporated herein and made a part of this certification. Dated this � day of 2004. GREENCASTLE CITY PLAN COMMISSION ATTEST: Secretary Grmncaslle/Plan Co= Rmommendation 12 -03 BY: Presiding Officer E ATTEST: Teresa Tenn, Clerk- easurer SYNOPSIS This Ordinance amends the Greencastle Zoning Map, Article 3 of the City of Greencastle Code to Rezone approximately 6.97 acres located at 1562 S. Co. Rd. 250 E., Greencastle, Indiana, from a LI zone to a RA zone. Applicant- Brad and Heather Grable Greencastle /Ordinances/ Zon Map 04 -5A Plan Commission f , Rezoning Application v City Hall, 1 North Locust Street, Greencastle, IN 46135 ® 1. Applicant/Property Owner: Applicant: ,/ � Owner: Name: 2,22 (ry A n Me (t ra h lP Name: Address: 1 s (� e r( 3371 W Address: Phone Number: _ �3i 7 j 539' 971/ Phone Numb e : 5 (11 5-3 ' o? 3V 7 Fax Number: F ax Number �(c5 � / -- 3 - -n W 7 2. Applicant's Attorney /Contact Person and Project Engineer (if any): Attorney /Contact Person: Project Engineer: Name: Name: Address: AAA,, _ Phone Fax N' • 3. Project Information: General Location of Property (and address if applicable): 1_b2t S / C� ra5o 4. Reasons for Rezoning 5. Attachments: affidavit & Consent of Property Owner (if applicable) ❑ Proof of ownership (copy of deed) a - titter of Intent ❑ Site Plan The undersigned states the above ipf'orplation is true Signature of State of Indiana ) County of Putnam ) SS: Subscribed and sworn to before me this Notary Public - ${gvkEi Residing in �,/ // f s ,CL County as (s)he is informed and believes. Phone Number: Fax Number: Current Use Current Zoning: bf Proposed Use: k 1A i i re Proposed Zoning: y Area (in acres): Ett ycinity Map 2 pPPPlication Fee egal Description For OJce Use Only Case N: r /, O (- d O4 Hearin 3a Fees: Approved Denied Y of — LZI —!� _ s/�fr Of Printed �J My Commission expires • BRADLEY S GRABLE HEATHER M GRABLE 7701 S CARD 35OW STILESVILLE, IN 40180 71- 75952749 (3171539 -7744 /Y / I DATE $ _ /-�° l LJ Brad and Heather Grable 7701 S Co Rd 350 W Stilesville, IN 46180 ® (317) 539 -7744 April 28, 2004 To Whom It May Concern: We are petitioning to have the property in question rezoned to Rural Agricultural from Light Industrial. This land is located one property south of 1562 S Co Rd 250 E. Our reasoning for rezoning is to build a home on this property, which is approximately 6.97 acres. It has been brought to our attention that this land, along with the property north, that being 1562 S Co Rd 250 E, was zoned Ag until February of 2003. The standards of Ag are much like that of Rural Ag. The current owners of the property are Kent and Jennifer Sullivan. The property located at 1562 S Co Rd 250 E currently has a residence and two other structures, and belong to Jason and Angela Huff. They, too, are petitioning to have their property rezoned to Rural Ag. Thank you very much for your consideration and time. Sincerely, Bradley S Grable Heather M. Grable E NOTICE OF PUBLIC HEARING Notice by the Greencastle Plan Commission t. Notice is hereby given that the Greencastle Plan Commission will hold a Public Hearing on �7 _ 0 (Date f bearing) at 3U/2m Greencastle City Hall located at 1 North Locust Street, Greencastle, Indiana, to consider (Time) " QQ / a petition by CJrd (� G I7Pa7 ktl yYQ �lP case number p0 0 y0 (p to allow the following: (Brief description of request) On property commonly know as /L;2 eZ57J and also described by the following: (Common address orproperty) Situate in the State Of M 04113 , Cauttty of Putnam and being a part ofthe Northeast quarter of the . Southwest quarter of So ition 24, Township 14 North, Range 4 West of the Secotut principal Meridian, snore particularly described to wit: Comtneocirtg at a tmg nail marking the Northeast comer of the Northeast quarter of the Southwest quen ler of Section 24, Township 14 North, Range 4 West; thence South 00 degrees 31 minutes 27 seconds West 522.25 fat with the Fast line of amid Northeast quarter quarter to a snag nail and the true point of beginning orreal estate herein described; thence South 00 degrees 31 minus 27 kwrKk West 452.75 feat with the last line of taid Northeast quarter quarter to a mag mil; thence North 88 degrees 09 minutes 00 soconds West 670.00 feet to a 518 inch rebar, theme North 00 dcgrmr 51 minutes 27 seconds Fast 452.75 feet to a 519 inch rclinq theme South 88 degrees 09 minutes 00 aeconds East 670.00 feet to the point of beginning, ooninining 6.97 acres, moro or lees. A copy of this Petition, and all information pertaining thereto are on file and available for examination prior to the Public Hearing at the offices of the Greencastle Plan Commission located in City Hall at I North Locust Street, Greencastle, IN 46135. Written comments in support of or in opposition of the Petition may be filed with or mailed to the City Planner prior to the Public Hearing at the above address, or filed with the Plan Commission Secretary at the Public Hearing. Said Public Hearing will be open to the public and any objectors will be heard at this meeting. Hearings may be continued from time to time as may be necessary. plicant's Nam (Name of applicant) (Case number) AFFIDAVIT OF NOTICE TO INTERESTED PARTIES Public Hearing of the Greencastle Plan Commission ® STATE OF INDIANA ) COUNTY OF PUTNAM ) SS: I> &A Ik Pr able DO HEREBY CERTIFY THAT NOTICE TO INTERESTED (Name of person mailing letters) PARTIES OF THE PUBLIC HEARING BY THE GREENCASTLE PLAN COMMISSION, to consider the application of o rad N // (Name of person on application) Requesting: re-;�an pl For Property Located at: 97 acres 1 _ /' , M 11 Was sent to the following owners and addresses as listed in the Plat Books of the Putnam County Plat Office (attach additional sheets if necessary): OWNERS ! n ADDRESS 1 61 6-k el- ) And that said notices were sent on or before the day of to the date of the Public Hearing. at least ten (10) days prior M State oflndiana ) County of Putnam ) SS: Subscribed and sworn to before me this 1 _ dW of Notary Fut�c Printed Residing in _ County My Commission expires Case #: PO r / - O q0& r� d 7' -6'� C N arid Address ^der ' /"'w� �u ✓ C Y� 6 /� 7 n '/ 7L') J Check type of mail or service: ❑ Certified ❑ Rewrded Delivery gnt— rational) - I. ❑ ODD C Regat.rad ❑ Delivery Confama,bn ❑ Return Racal Uor Merchandlee 7 P ❑ Expreea Mail ❑ Signature Confirmation L❑ I nsures — _ _ Affix Stamp Here (Il lssvetl as e - _ - certificate of melting. crrorsdtllllonal U.S. POSTAGE coowOrNis ON) PAID Postmark and �' GREENCASTLE.IN o(Rec MAY9643�09 Handling Act, vmrroneras AMOUNT Fee Charge d R ^O °' <a 9999 $2.10 .. 00059633-05 -- ��---- .--- -. Article Number 2. Acaresses, (Name, Street Cify, Stele, 8 ZIP Code) n� . .W !� - u - 1 .W ✓ a L - .. - _ I - - - -- 5 - - -- Postage 3. 'al Ni mber of Pieces Total Number of Pieces ad by Sender Received Arost Office See Privacy Act /!y Statement on Reverse N, i oa,41irr. L Pos7r, Per (Name of receiving employee) r (` Form 3877, February 2002 (Page i of 2) Complete by Typewriter, Ink, or Ball Point Pen El DCuJL PaT -0 soar 0 _ 6)' —X_ po_O 2607.48(M) 2607.0(R) J El C:ty . It s, pt e COP 1)) . 8. PF s)1 S �K $ ® CAPRAI �iWIWVE— (ASSUMED �E.MtJ s s6GS 1907sa' S W0900'1 F C11y or Greencostk (UP. 215, r8. mea7 113.65' (9) NFJ CORNEF, $W 1 /1, I N 4 W 51 16'(0) 5"cCTIDR Z4. 7.718, RAW. � _.. N 8�09' 20V D) a w 1. N W) b 0 z f /t Kum 4[T 5.s CAV OF F(NL( Q D YAL TO 1qr TO SrJaE V Y R. al- n7RJilat O� QI OI C 8B'09'OC -E 7i we Prn sn —FS usl ar C i� rm orr E 6.97 ACRES* z �I of U ^ h b N go N5 N N b O U5 0 w DRnat< E. G Jocquetyn Thomas (n P ua, re. al17 9i 81M) M, 5R 1.8 fYf d IA N N 68 670.00• uT a w 1. N W) b 0 z f /t Kum 4[T 5.s CAV OF F(NL( Q D YAL TO 1qr TO SrJaE V Y R. al- n7RJilat O� QI OI C 8B'09'OC -E 7i we Prn sn —FS usl ar C i� rm orr E 6.97 ACRES* z �I of U ^ h b N go N5 N N b O U5 0 YPnf G1Gane <FUl , N lu In I 81M) M, 5R 1.8 fYf d N N 68 670.00• E WEST 670'(0) '(F C I N �n SCALE IN FEET 1 900' � ^ n e L E_G D • _E _N 5/6 REBAR SE ISV O MAC NAIL SET n A PAIL FOUND o ■ 'HOOO POST r0U41 �an D 5/6' REGAA FOLN STONE FCUNO © —X —X— FENCE SE CORNER, SW 1 /4, (M) MEASURED SECTION 14, 7.14N., RAW. (R) RECORD (D) DEED YPnf G1Gane <FUl , N lu 1, the undersigned, a duly licensed land surveyor in the State of Indiana hereby cartify that to die best of my knowledge and belief the attached plat and the following legal description accurately represent a survey performed wholly under my direction according to survey requirements contained in Tide 865 IAC 1 -12 this 23rd day of April. 2004. Situate in the State of Indiana, Coudty of Putnam and being a part of the Northeast quarter of the Southwest quarter of Sectiun 24, Township 14 North, Range 4 West of the Second Principal Meridian, more parriculerly described to wit: r1 �J Commencing at a mag nail markittg the Northeast comer of the Northeast quarter of the Southwest quarter of Ccction 24, Township 14 North, Range 4 West; thence South 00 degrees 31 minutes 27 seconds West 35.00 fact to a snag nail and the true point of beginning of real estate herein described; thence South 00 degrees 31 minutes 27 seconds West 487.25 fact with the East line of said Northeast quarter quarter to a mag nail; thence North 88 degrees 09 minutes 00 seconds Wcn7 670.00 feat to a 5/8 inch rebar, dwco North 00 degrees 31 minutes 27 seconds East 522.25 feet to a 518 inch robar on the North lino of said Northeast quarter quarter; thence South 88 degrees 09 mimttes 00 aeconds Past 613.65 feet with the North line of said Northeast quarter quarter to a 518 inch rcbar, thence South 44 degrees 51 rninutos 52 soconds East 51.03 feet to a 5111 inch rebar, thence South 88 degroa 09 minutes 00 seconds East 20.01 feet to the point of beginning, containing 8.00 acres, more or teas. Subject to all rights -of -way and pertinent easements ofrecord. Certified this 23rd day of April, 2004 Joh Lp=,Lx�- PA. Phillips, Reg. Land Surveyor OS0287 ASX Land Surveying Re: 04-076(450) Kent E. and Jennifer A. Sullivan Sheet 2 of 4 11 1, the undersigned, a duly licensed land surveyor in the State of Indiana hereby certify that to the best of my knowledge and belief the attached plat and the following legal description accurately represent a survey performod wholly under my direction according to stuvoy requirements contained in Title 865 LAC 1 -12 this 23rd day of April, 2004. Situate in the State of Indiana, County of Putnam and being a pan of the Northeast quarter of the Southwest quarter of Section 24, Township 14 North, Range 4 West of the Second Principal Meridian, more particularly described to wit: Commencing at a stag nail marking the Northeast comer of the Northeast quarter of the Southwest quarter of Section 24, Township 14 North, Range 4 West; thence South 00 degrees 31 minutes 27 seconds West 522.25 feet with the East line of said Northeast quarter quarter to a mag nail and the true point of beginning of real estate herein described; thence South 00 degrees 31 minutes 27 seconds West 452.75 feet with the East line of said Northeast quarter quarter to a mag nail; thence Notch 88 degrees 09 minutes 00 seconds West 670.00 feet to a 5/8 inch reber, then. North 00 degrees 31 minutes 27 seconds Fast 452.75 feet to a 519 inch rebar; thence South 88 degrees 09 minutes 00 seconds East 670.00 feet to the point of beginning. containing 6.97 acres, more or less. Subject to all rights -of -way and pertinent easements of record. Certified this 23rd day of April, 2004 IN nq� JoVK. Phillips, Rag. Land Surveyor AS0287 — ` SNo. A land Surveying 1_ STATE OF Re: 04.076 Kent E. and Jennifer A. Sullivan Sheet 3 of 4 E AFFIDAVIT & CONSENT OF PROPERTY OWNER Application to the Greencastle Plan Commission 0 STATE OF INDIANA } COUNTY OF PUTNAM ) SS: 1, KP PL 1 IS Ck i YQ !'1 AFTER BEING DULY SWORN, DEPOSE AND SAY THE (Name of property owner) FOLLOWING: That I am the owner of real estate located ad 6 Z S 6o 0 250 E (Address of affected property) 2. That I have read ���d examined the Application made to the Greencastle Plan Commission by: Ara d V llealheor ar(Ih Case #: (Name of applicant) 3. That I have no objections to, and consent to the request(s) described in the Application made to the Greencastle Plan Commission. / R t kIA/J Name (Please C Owner's State of Indiana ) County of Putnam - ) SS: ,r7 Subscribed and swom to before me this / day of U_5� _ . Not4y Pub' Printed /� �/ /� Residing in kJt�X_.k�,.,� County My Commission expires � 7 Putnam County Board of Aviation Commissioners Putnam County Airport 100 Ballard Lane Greencastle, Indiana 46135 May 18, 2004 Ms. Lisa VonTress City Planner City of Greencastle One North Locust Street Greencastle, IN 46135 RE: P 07 -0406 - Rezoning of 1562 South CR 250 East (Grable) Dear Ms. VonTress At the April 7, 2004 meeting of the Putnam County Board of Aviation Commissioners (BOAC), a presentation was made regarding the potential rezoning of the Sullivan property at the comer of Capital Drive and Edgewood Lake Road. Upon hearing the presentation, the BOAC does not have any objection to the proposed rezoning. It should be noted that the current Airport Layout Plan as adopted by the BOAC calls for a future east -west runway. The future construction of such a runway could have an impact on this property. The BOAC has not established a timetable for the runway project. Due to other priorities and limited funding, the runway project is not expected to be considered in the immediate future. The Grable's have been made aware of the proposed east -west runway. The rezoning and any proposed construction activity related to the rezoning must comply with any applicable federal and state regulations governing construction and land use adjacent to a public use airport. Typically such issues as structure height and noise abatement arise with structures being constructed near an airport. Some new construction activities may require the submission of an "Application for Construction within Noise Sensitive Area," INDOT Form 101. A copy of this form is attached. I would ask you to forward this form to any project near the Putnam County Airport. If the subject property is subdivided, we ask that INDOT Form 101 be submitted for each lot. Please feel free to call if you have any questions. Sincerely, t C County BOAC cc: Laurie Robertson, Board Attorney L. IJ crs.m nr `p ir: 4YYL Lear eADickey — — IN COTOMd 01 0710 Rockledge Ddve BeMW3, MOY4" 20817 • May 19, 2004 Greencast!e Plan Cornmisslon Common Counal Greencastle, Indiana 46135 Dear Sir or Madam: 1 received notification from Jason and Angela Huff and Brad "Heather Grave of their poiltion to rezone epprwdmately 16 acres located on South Country Road 250 East, Greencastle Dana from Light Indvirtal to Agdoultural. As a landowner in the area of notification (adjacent to the land under consideration for rezoning) located at 1595 South Country Road 250 East, Greencastle, 11diara. I would like let you know I have no objection to the commission approving the request to rezone the property In question to agricultural. 1 betieve the rezoning will be a Positive for the area and would lice to encourage the commission to approve the Huffs and Grable's request. Sincerely, f is Lawrence A Dickey Cc. Mr. Jason and Mrs. Angela Huff Mr. Brad and Mrs. Heather Grable • ** TOTPe PRGE.22 **, NOTICE OF PUBLIC HEARING Notice by the Greencastle Plan Commission Notice is hereby given that the Greencastle Plan Commission will hold a Public Hearing on n (Date fhearing) at / : 3 Uprn at Greencastle City Hall located at 1 North Locust Street, Greencastle, Indiana, to consider a petition by bra Ilea 2 &- iKaGle case number p 1 o yD(p , to allow the following: (Brief description of request) On property commonly know as L& S 0 e "?—" and also described by the following: (Common address of property) Situate in the State of tndiaM County of f'ytnem end being it part oftho Northeast qua= of the . Southwest quarter of Satiion 24, Townsbip 14 North, Range 4 West of the Second Principal Meridian. mm particularly 4escn1hod to wit: Cam mencinr At a mad nail narking the Nocthcaat Comer of the Northeast quarter of the Southwest quartet of Section 24, Township 14 North, Ranga 4 Wen; thence South 00 degrees 31 minutes 27 WAR41s West 522.25 fat with the Fast line of said Northeast quarter quarter to a nag nail and the true point of boginoiag of real estate herein desenbcd; tf cace South 00 dean 31 minutes 27 seconds West 43775 feat with the East We of said Northeast qu inter quarter to a stag soil; thence North 88 degroee 09 minutes 00 seconds West 670.00 feel to a 5/8 Inch rebar; thence North 00 degrses 31 mint-as 27 seconds East 452.75 test to a 518 inch rcbar; thence South 88 dogroes 09 minutes 00 seconds East 670.00 fed to the point of kIlining, containing 6.97 acres, mote or Icas. A copy of this Petition, and all information pertaining thereto are on file and available for examination prior to the Public Hearing at the offices of the Greencastle Plan Commission located in City Hall at 1 North Locust Street, Greencastle, IN 46135. Written comments in support of or in opposition of the Petition may be filed with or mailed to the City Planner prior to the Public Hearing at the above address, or filed with the Plan Commission Secretary at the Public Hearing. Said Public Hearing will be open to the public and any objectors will be heard at this meeting. Hearings may be continued from time to time as may be necessary. plicant's Nam t� pv.y I "" ^n,r &Jur -� (Name of applicant) (Case number) 0 J May 23, 2004 Greencastle Planning Commission To Whom It May Concern: As the surrounding property owners of the Huffs and Grable's, we fully support the rezoning of both properties form "Light Industrial" to "Agriculture ". We understand and support the possibility of building a house by the Grable's on their proposed property section. Signed 12 - Andrew Dickey Don E Thomas. •