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HomeMy Public PortalAbout2004-14 - AMENDMENT - ZONING MAPORDINANCE NO. 2004- 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-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 -74-603 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, tie 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 -74-614: Situate in the State ofJndiana, County of Putnam and being apart of the Northeast Quarter ofthe Southwest Quarter of Section 24, 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 West 35.00 feet to a mag nail and the true point of beginning of real estate herein described; thence South 00 degrees 31 minutes 27 seconds (Vest 487.25 feet with the East line of said Northeast Quarter Quarter to a mag nail; thence North 88 degrees 09 minutes 00 seconds West 670. 00 feet to a 518 inch rebar; thence North 00 degrees 31 minutes 27 seconds East 522.25 feet to a 518 inch rebar on the North line ofsaid Northeast Quarter Quarter; thence South 0 88 degrees 09 minutes 00 seconds Fast 613.65 feet with the North fine ofsaid Northeast Quarter Quarter to a 518 inch rebar; thence South 44 degrees 51 minutes 52 seconds East 51.03 feet to a 518 inch rebar; thence South 88 degrees 09 minutes 00 seconds Fast 20. 01 feet to the point of beginning, containing 8.00 acres, more or 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 two (2) sets of the City of Greencastle Code maintained on file for public inspection in the office of the Clerk- Treasurer. PASSED AND ADOPTED 2004. elm by the City of Greencastle Common Council this day of c ` 2Z, % /ter ' Thomas W. Roach ATTEST: Teresa Glenn, Clerk- Treasurer 0.3o Mark N. Hammer Russell W. Evans Nancy A. Micha I Presiding Office nr Presented by me to the Mayor of Greencastle, Indiana, thus X day of 2004, at o'clock, D.m. Teresa Glenn, Clerk- Treasurer i Approved and signed by me this 9' day of / 2 ] 004, at o'clock, m. At \ �? Nancy Michael, X Mayor • ATTEST: 0 Teresa Glenn, Clerk - Treasurer SYNOPSIS This Ordinance amends the Greencastle Zoning Map, Article 3 of the City of Greencastle Code to Rezone property located at 1562 S. Co. Rd. 250 E., Greencastle, Indiana, from a LI zone to a RA zone. Applicant: Jason and Angela Huff Greengstle/Ordinances/ Zon Map 04 -5 0 0 GREENCASTLE CITY PLAN �CO�M�MISSION DOCKET NO. 2004 - r u ' of o Amendment to Zoning Map of the City of Greencastle Code to rezone approximately 8 acres located at 1562 S. Co. Rd. 250 E, Greencastle, from LI zone to RA zone. Petitioner: Jason and Angela Huff 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 -74-603 in consideration of the ordinance and determination of a recommendation to be made to the Common Council: I. 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 commitments attached hereto and/or stated in the minutes of the Plan Comn and incorporated herein and made a part of this certification. Dated this day of c.n`c .2004. GREENCASTLE CITY PLAN COMMISSION ATTEST: Secretary Gmencaslle/Plan Comm- 2004 -5A BY: Presiding Officer • • • ��t< Plan Commission Rezoning Application City Hall, 1 North Locust Street, Greencastle, IN 46135 " 1. Applicant/Property Owner: Applicant: Name: NZ Address: /S 6 S 2, 0'15 E Phone Numbe 4 Fax Number: Owner: /Y S For Office Use Only case a:PC7 1 `0 Hearin Date- j__ Fees Approved Denied Name: dl t Address: Phone Number: Fax Number: 2. Applicant's Attorney /Contact Person and Project Engineer (if any): Attorney /Contact Person: Project Engineer: Name: Name: Address: Phone Number: Fax Number: 3. Project Information: General Location of Property (and address if applicable): S 4. Rgasons for Rezoning Request: is Address: Phone Number: Fax Number: Current Use: Cis w Current Zoning: G: Proposed Use: Proposed Zoning: Area (in acres): , ,p c, &r 5. Attachments: " Affidavit & Consent of Property Owner (if applicable) " Proof of ownership (copy of deed) " Letter of Intent " Site Plan The undersigned states the above information is true and Signature of Applicant: " Vicinity Map " Application Fee " Legal Description as (s)he is informed and believes. Stale of Indiana ) v County of Putnam ) SS: Subscribed and sworn to before me this Residing in day of Printed County My Cormnission expires V,2 40 i • Jason and Angela Huff 80SCR25E Greencastle, Indiana 46135 • April 27, 2004 To Whom It May Concern: We have purchased the residential property located at 1562 S CR 250 E. Currently the property is zoned Light Industrial and we are petitioning to have'the property rezoned to Rural Agricultural. The rezoning of this land will allow us to expand its use as a residential property through home improvement efforts and potential creation of additional structures on the property. The land was zoned Agricultural until February of 2003. In addition to our petition for a change in the zoning of this property, Brad and Heather Grable are petitioning for the rezoning of the 6.97 acres adjacent to the south of 1562 S CR 250 E. lt is their desire to build a home on the property furthering the Rural Agricultural use of the larger block of land previously owned in its entirety by Kent and Jenny Sullivan. Your consideration of our request is greatly appreciated. Please feel free to contact us at 655.9085 if you have questions or concerns. Sincerely, kS� • 22nd Angela Huff WAKKAN I Y DEEQ THIS INDENTURE WITNESSETH, that KENT E. SULLIVAN and JENNIFER A. SULLIVAN, husband and wife (Grantor), conveys and warrants to JASON K. HUFF and ANGELA K. HUFF, husband and wife (Grantee), for the sum of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, the following described real estate in Putnam County, Indiana: Situate in the State of Indiana, County of Putnam and being a part 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 mag 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 35.00 feet to a mag nail and the true point of beginning of real estate herein described; thence South 00 degrees 31 minutes 27 seconds West 487.25 feet with the East line of said Northeast Quarter Quarter to a mag nail; thence North 88 degrees 09 minutes 00 seconds West 670.00 feet to a 5/8 inch rebar; thence North 00 degrees 31 minutes 27 seconds East 522.25 feet to a 5/8 inch rebar on the North line of said Northeast Quarter Quarter, thence South 88 degrees 09 minutes 00 seconds East 613.65 feet with the North line of said Northeast Quarter Quarter to a 5/8 inch rebar; thence South 44 degrees 51 minutes 52 seconds East 51.03 b feet to a 5/8 inch rebar; thence South 88 degrees 09 minutes 00 seconds East 20.01 feet to the point of eginning, containing 8.00 acres, more or less. Subject to all legal highways, rights -of -way, easements and restrictions of record. Subject to all taxes now a lien and to become a lien thereon. IN WITNESS WHEREOF, APRIL STATE OF INDIANA ) COUNTY OF PUTNAM 1 SS: Grantor has executed this Deed this 28TH day of 2004. 461 S KENT E. SULLIVAN • JENN ER A. SULLIVAN Before nte, a Notary Public in and for said County and State, personally appeared KENT E SULLIVAN and JENNIFER A. SULLIVAN, husband and wife, who acknowledged the execution of the foregoing instrument, and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this 28TH daylf APRI L2004. My Commission Expires: T-nature 1/08/09 of Notary 'ublic County of Residence- Tina S. Nicholson PUTNAN Printed Name of Notary Public Send Tax Bills To 1562 S CR 250 E, GREENCASTLE IN 46135 • This instrument was prepared by Lee T. Comer, Attorney -at -Law, P.O. I3ox 32, Greencastle, IN 46135. 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 . '-� ' 1. ® '(Dattf of hearing) at ] 0an at Greencastle City Hall located at 1 North Locust Street, Greencastle, Indiana, to consider (Time) —� a petition by o� 227 V dn case number 1 7 - D 1 10 to allow the following: (Name of alt licam) (Case number) (Brief d=ription of requat) On property commonly know as 167f S CK a and also described by the following: Situate in the State of Indiana, County of Putnam and being a part of the Northcast 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 mag 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 35.00 feet to a mag nail and the true point of beginning of real estate herein described; thence South 00 degrees 31 minutes 27 seconds West 487.25 feet with the East line of said Northeast Quarter Quarter to a mag nail; thence North 88 degrees 09 minutes 00 seconds West 670.00 feet to a 5/8 inch rebar; thence North 00 degrees 31 minutes 27 seconds East 522.25 feet to a 5/8 inch rebar on the North line of said Northeast Quarter Quarter, thence South 88 degrees 09 minutes 00 seconds East 613.65 feet with the North line of said S Northeast Quarter Quarter to a 5/8 inch rebar; thence South 44 degrees 51 minutes 52 seconds East 51.03 feet to a 5/8 inch rebar; thence South 88 degrees 09 minutes 00 seconds East 20.01 fee( to the point of beginning, containing 8,00 acres, more or less. 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. p me • AFFIDAVIT OF NOTICE TO INTERESTED PARTIES Public Hearing of the Greencastle Plan Commission STATE OF INDIANA ) • COUNTY OF PUTNAM ) SS: 1, W? I , DO HEREBY CERTIFY THAT NOTICE TO INTERESTED (Namd of person mailing letters) PARTIES OF THE PUBL HEARING BY THE GREENCASTLE PLAN COMMISSION, to consider the application 5Oy7 VV a ll gla ff : Case #: PO 7 -O zlo l (Name of person on applicati n) of: Requesting: U ' V /- --F For Property Located at: J /&w I' C & '- 2 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 ADDRESS And that said notices were sent on or before the � day of to the date of the Public Hearing. — I — State of Indiana ) County of Putnam ) SS: Subscribed and swom to before me this Nola Publi Residing in • being at least tgn (10) days prior (Name of person mailing the lleetttm) day of lL1a U ,_n�� Printed [� _County. MyCommissionexpires 1" '-0 • Na Address of Se der //V 1 9?F 195 Article Number Addresses (Name, Stneef, City, State, & ZIP Code) 4).-- 1 10 J - 0 1 5] aW1 T -f6 Posts -- Postage Fee j Handling Cha Check type of mail or service: 9999 Afax Stamp Here ZLIa2LI, k.; ❑ Cortirod ❑ Recorded r (International) i(IfIssuedasa U.S. POST, 11 C00 13 R.,i.t ... d 00059633-05 PPID GREENCf�STLE.Irl ❑ oalimiI' C.r,flrn,.t� 0 R.turrI R.ceilt f.r M.h.IIdi. pf. f Irv. D ju 9613$ 1613$ ❑ Ents, M.d M 1--,I 0 Signature CI,nflikIu. 1Posfmaf* and Date of Receipt umrmnrIr,r M AY M. 0 A M LINT Article Number Addresses (Name, Stneef, City, State, & ZIP Code) 4).-- 1 10 J - 0 1 5] aW1 T -f6 Posts -- Postage Fee j Handling Cha I Ad if P 9999 $2.10 3 00059633-05 2 - 3. L —L no R i l I� W _ UDR �� ° - } 3 i I '� - {--- !--� -- --- - - - - -- — WNumber oi Pieces --- FT0TAI Number of Pieces Postmaster, Per (Name of rec, ed by Sender Receive Post CM g c L C -, iving employee), See Privacy Act Statement on Reverse Form 3877, February 2002 (Page 1 of 2) Complete by Typewriter, Ink, or Ball Point Pen 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 hegal 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. County of Putnam and being a part 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 rnag nail marking the Northeast comer *[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 35.00 feet to a mag nail and the true point of beginning of real estate herein described; thence South 00 degrees 31 minutes 27 seconds west 487.25 feet with the East line of said Northeast quarter quarter to at tong nail; thence North 88 degrees 09 minutes 00 seconds Way 670.00 feet to a 5/9 inch rebar, thoaco Noah 00 degroes 31 minutes 27 accoads East 522.25 feet to a 5/8 inch mb4r on Ute North lino of said Northeast quarter quarto; thence South 88 degrees 09 minutes 00 seconds Eau 613.65 feet with the North line of said Northeast quarter quarter to a 518 inch rcbm; thence South 44 degrees 51 minutes 52 seconds East 51.03 fact to a 5/8 inch rebar; thence South 88 degree 09 minutes 00 seconds East 20.01 feet to the point or heginning, containing 8.00 acres, more or less. Subject to all tights-of-way and pertinent casenents of record Certified this 23rd day of April, 2004 Jo . Phillips, Reg. land Surveyor #50287 AY Land Surveying 0 Re: 04-076(450) Kent E. and Jennifer A. Sullivan Sheet 2 of 4 • 1, the undersigned, a duly licensed land surveyor in the State of Indiana hereby certify that to the beer of my knowledge and belief the attached plat and the fo8owing legal description accurately • represent a survey performod wholly under any direction according to survey requirements contained in Title 865 LAC I -12 this 23rd day of April, 2004. Situate in the State of Indiana, County of Putnam end being a pan of the Nord= at quarter of the Southwest quarter of Saloon 24, Township 14 North, Range 4 West of the Second Principal Meridian, more particularly described to wit: Commencing at a mag 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 fact with the Fast line of said Northeast quarter quarter to a mag nail and the true point of beginning of real estate herein described; thence South 00 degrets 31 minutes 27 seconds West 452.75 feet with fie East line of said Northeast quarter quarter to a mag nail; thence Noah 88 degrees 09 minutes 00 seconds West 670.00 fed to a 518 Inch rebar, thence North 00 dcgrsca 31 minces 27 seconds least 452.75 fat to a 578 inch rebar, thence South Sg dogmas 09 minutes 00 aeconds Ears 670.00 feet to the point of beginning. containing 6.97 acres, more or lean. Subject to all rights-of-way and pertinent easements of record. Certified this 23rd day of April, 2004 J K. Phillips, Rag. Land Surveyor #50287 A Lend Surveying 0 Re: 04 -076 Kent E. and Jennifer A. Sullivan Sheet 3 of4 0 VIAL N 'O H f O (2 ) - OQ 2607.48'IM) 2607.0'(R) x Cdy 01 Crcencaetk - (DA. 224, re. cc� Gay of C N 61)) la P. L{, P{. Slit S 86'09'00'E 58 08'09'E 36.33 D) ® CAPITAL r/1r 5 O)( ryE (ASSUMED BEARING) S 6a D9'oD E 19r�.46' S 88'09'00'E 613.65' S . 0 — NW CORNEF, SW r /4, S 4C5,1'52 SECTWN 21. 7.t IR. R �'N. N 43'00 W 51. 0 5 88 N 88'09'W 20.01 (0) Donalc E. A Jocgtmlyn Thoma2 C.. u., '. ,Ic E Z 6-- A b 0 z DErA1L I , NOT TO SOME x J N 11 �t� V P. OA -O)AMM u p m up o f 6.97 ACRES* o I <1 o� K �I r Z DI of U NE CORNER. SW 1 / {, 9ECTIDN 21, S.S G51 0< F2rift © 1 S 6H'09'OC'E h f tJ n a E 6-- A b 0 z DErA1L I , NOT TO SOME x J N 11 �t� V P. OA -O)AMM u p m up o f 6.97 ACRES* o I <1 o� K �I r Z DI of U real c�ar,N.a a.a 1 .t • 0 NE CORNER. SW 1 / {, 9ECTIDN 21, T.t IN., R.Iw(.) D S 6H'09'OC'E 1258.524) ' ( f C N W09 - W 670.00' E I .�..- IS' rwS) d f i � I ' 204 a tm I^ SCALE IN FEET ^ Y C Y N bb 5/8' REBAR SE' 00 z b b A NAIL FOUND a � � a o 1A o u © —X FENCE SE CORNER, SW 1 /a, (M) a SECTION 24. 7.14N., R.4W. (R) RECORD I real c�ar,N.a a.a 1 .t • 0 1n I ITT i',i u{r 0 f C N W09 - W 670.00' E WEST 670'(0) i � ' 204 a tm I^ SCALE IN FEET I O L E G E N D • 5/8' REBAR SE' 0 NAG NAIL SET In A NAIL FOUND a W000 POST root I1n a 5/8' REDAR FAN A STONE FOUND © —X FENCE SE CORNER, SW 1 /a, (M) MEASURED SECTION 24. 7.14N., R.4W. (R) RECORD (0) DEED real c�ar,N.a a.a 1 .t • 0 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 a / (Dar of hearing) at • at Greencastle City Hall located at 1 North Locust Street, Greencastle, Indiana, to consider (Time) a petition by -- Son V h case number f D "7 - D 4�� CP , to allow the following: (Name of a licwt) (Case number) (Brief desc iptioo of request) On property commonly know as Z *2 S �� aJ` 0 F and also described by the following: Situate in the State of Indiana, County of Putnam and being a part 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 mag 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 35.00 feel to a mag nail and the true point of beginning of real estate herein described; thence South 00 degrees 31 minutes 27 seconds West 487.25 feet with the East line of said Northeast Quarter Quarter to a mag nail; thence North 88 degrees 09 minutes 00 seconds West 670.00 feet to a 5/8 inch rebar; thence North 00 degrees 31 minutes 27 seconds East 522.25 feet to a 5/8 inch rebar on the North line of said Northeast Quarter Quarter; thence South 88 degrees 09 minutes 00 seconds East 613.65 feet with the North line of said Northeast Quarter Quarter to a 518 inch rebar; thence South 44 degrees 51 minutes 52 seconds East 51.03 feet to a 5/8 inch rebar; thence South 88 degrees 09 minutes 00 seconds East 20.01 feet to the point of • beginning, containing 8,00 acres, more or less. A copy of this Petition, and all information pertaining thereto are on file and available for examination prior to the Public Hearing at tike 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 tiled 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. H to time as may be necessary. earings maybe continued from time A ns ame i t €ter : i�� i