Chesterton Tribune

Porter County rezoning ordinance: Petitioner: Sand Creek Campground

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Petitioner: Sand Creek Campground

From: RR, Rural Residential

To: P2, Parks & Recreation

ORDINANCE NO. 11-09

AN ORDINANCE amending Ordinance No. 07-05 entitled, "PORTER COUNTY UNIFIED DEVELOPMENT ORDINANCE" 2008-004335

BE IT ORDAINED by the Board of Commissioners of Porter County, Indiana, under authority of Chapter 174, Acts of 1947, and all Acts amendatory and supplemental, thereto, General Assembly of the State of Indiana:

SECTION 1: That the following described real estate in Jackson Township be and the same is HEREBY REZONED

From: RR, Rural Residential

To: P2, Parks & Recreation

The Southeast Quarter of the Southwest Quarter of Section 9, Township 36 North, Range 5 West of the Second Principal Meridian, in Porter County, Indiana, excepting the East 225.16 feet of the North 968.0 feet therefrom.

GENERAL LOCATION: A parcel of land located at 1000 N. and CR 350 E. in Jackson Township, Porter County, Indiana.

SECTION 2: That the ZONE MAPS attached to and made a part of said Zoning Ordinance be revised to indicate that above described property as being in the P2, Parks & Recreation District.

SECTION 3: That the above described real estate shall be and the same is hereby rezoned conditioned upon the filing and recording in the Office of the Porter County Recorder of written commitments, which are attached hereto and incorporated herein by reference. Provided further, recorded copies of the written commitments shall be provided to the Porter County Plan Commission within thirty (30) days of the date of the adoption of this ordinance.

SECTION 4: That this Ordinance shall take effect from and after its approval and adoption by the Board of Commissioners of Porter County, Indiana this 21st day of June, 2011.

BOARD OF COMMISSIONERS

PORTER COUNTY, INDIANA

John A. Evans

Nancy Adams

Carole M. Knoblock

Attest: Robert Wichlinski

County Auditor

I affirm, under the penalties for perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law.

Robert W. Thompson, Jr. AICP

Executive Director/County Planner

AGREEMENT FOR WRITTEN COMMITMENTS

THIS AGREEMENT FOR WRITTEN COMMITMENTS ("Agreement") is made by Haesuk Lee ("Owner") for the creation of certain written commitments made to induce the Board of Commissioners for the County of Porter ("County") to adopt an ordinance changing the zoning classification of certain real estate located within the unincorporated Porter County, Indiana.

WITNESSETH:

WHEREAS, the Owner is the fee simple title owner of the real property located in Porter County, Indiana containing 35.54 acres, more or less and commonly known as Sand Creek Campground and more particularly described as follows:

The Southwest Quarter of the Southwest Quarter of Section 9, Township 36 North, Range 5 West of the Second Principal Meridian, in Porter County, Indiana, excepting the East 225.16 feet of the North 968.00 feet therefrom ("Real Estate");

WHEREAS, the Real Estate is currently zoned RR, Rural Residential, on the County Zoning Map; and

WHEREAS, the Owner filed an application under the Porter County Plan Commission Case 11-Z-02 seeking an Amendment to the Zoning Map to change the zoning classification of the Real Estate from its current RR, Rural Residential classification to the P2, Parks and Recreation District;

WHEREAS, the Owner shall and does hereby agree to certain commitments to be placed upon and binding upon the Real Estate; and

WHEREAS, the County, after paying reasonable regard to the Comprehensive Plan, current conditions and the character of current structures and uses in each district, the most desirable use for which the land in each district is adapted, the conservation of property values throughout the jurisdiction; and the responsible development and growth of the county, deems that the petition filed by the Owner should be granted and the zoning classification for the Real Estate be changed under certain and specific terms, conditions, and restrictions, all of which the Owner is agreeable thereto.

NOW, THEREFORE, in consideration of the mutual promises contained herein, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Owner and County covenant, promise and agree as follows:

1. Ownership of the Real Estate. The Owner represents and warrants that he is the fee simple title owner of the Real Estate and that the Real Estate is not encumbered with any other lease, tenant farmer, or any other interest inconsistent with the grant of covenants, conditions and restrictions made herein.

2. Zoning Classification. The zoning classification of the Real Estate shall be P2, Parks and Recreation District, subject, however, to the terms, conditions, and restriction on use and development, which is in addition to, and not in lieu of, all other zoning restrictions and limitations applicable to land located in the P2, Parks and Recreation District zoning classification in the Porter County, Indiana.

3. Condition Precedent. This entire Agreement is conditioned upon the approval of this Agreement by the Board of Commissioners for the County of Porter, by duly passed and adopted ordinance incorporating this Agreement and its terms therein or an ordinance otherwise becoming effective in accordance with the laws of the State of Indiana regarding such matters. In the event said Board of Commissioners shall fail to so approve this Agreement or adopt the ordinance anticipated herein, this Agreement shall, ipso facto, be and become null and void and of no force and effect.

4. Restrictions of Use of the Real Estate

A. Restriction on Permitted Uses. The Owner shall be entitled to the uses on the Real Estate which is allowed and generally consistent with the P2, Parks and Recreation District and set forth on Section 2.05 of the Porter County Unified Development Ordinance, as amended from time to time; provided however, that the following Permitted Uses listed in Section 2.05 shall not be permitted or conducted upon the Real Estate:

i. country club;

ii. golf course;

iii. paintball facility; or

iv. skate park.

B. Restriction on Length of Camping. The maximum length of camping at the campground facility shall be six (6) months.

5. Subsequent Owners. This Agreement shall run with the land and be binding upon subsequent owners of the Real Estate, unless modified or terminated as provided for herein.

6. Duration and Termination. This Agreement shall be effective at such time as an Ordinance is adopted and ordained by the Board of Commissioners for Porter County, Indiana or is otherwise effective according to law changing the zoning classification for the Real Estate to the P2, Parks and Recreation District zoning classification pursuant to the Porter County Zoning Ordinance and shall continue in full force and effect unless and until modified or terminated at a public hearing after notice as provided by the rule consistent with the provisions of Indiana Code 36-7-4-613, as amended from time to time.

7. Merger. This Agreement constitutes the entire agreement of the parties, and all promises, undertakings, representations, agreements, understandings, and arrangements with reference to representations, are herein merged.

8. Construction. This Agreement is entered into in the State of Indiana and shall be construed in accordance with the laws thereof. In the event of a conflict or ambiguity within this Agreement, the more restrictive provision shall be deemed to prevail. The headings appearing as titles for each of the provisions of this Agreement are included for purposes of convenience only and shall not be considered in the construction of any of the substantive provisions herein.

9. Designated Party of Enforcement. The County shall be the designated party of enforcement of this Agreement and the covenants and agreements contained herein.

10. Enforceability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason this Agreement and the other provisions herein shall be deemed to be null and void ab initio and of no force and effect whatsoever.

IN WITNESS WHEREOF, the County and the Owner have executed this Agreement at Valparaiso, Indiana, dates provided below.

Owner: Haesuk Lee

Date: 6/13/11

County Board of Commissioners

County of Porter, Indiana

Nancy A. Adams, President

John A. Evans

Carole Knoblock

Date: 6/21/11

ATTEST: Robert Wichlinski, County Auditor

STATE OF GEORGIA

COUNTY OF GWINNETT SS:

Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Haesuk Lee and acknowledged the execution of the foregoing Agreement for Written Commitments. Signed and sealed this 13th day of June, 2011

Vildana Haurdic, Notary Public

County of Residence: Gwinnett

My Commission Expires: Sept. 9, 2011

I affirm, under the penalties for perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law. William A. Ferngren.

This Instrument Prepared By:

William A. Ferngren, Esq.

Ferngren Law Offices, LLC

570 Vale Park Road, Unit B

Valparaiso, Indiana 46385

Telephone: (219) 464-4500

Facsimile: (219)464-4533

bill@ferngrenlaw.com

(June 24, 2011)