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Home My WebLink About2008-OR-89P Ordinance 2008-OR- AN ORDINANCE REZONING A 3.7 ACRE TRACT OF LAND LOCATED AT 406 EWING AVENUE FROM A R1: LOW DENSITY RESIDENTIAL TO IS: INSTITUTIONAL WHEREAS, the Jeffersonville Common Council is vested with the power, duty and obligation to adopt zoning ordinances and taws that are designed to provide for public safety, health and welfare of the citizens of Jeffersonville, Indiana; WHEREAS, in an effort to protect and assure the public health, safety and welfare the City of Jeffersonville developed a Comprehensive Plan pursuant to statute and law; WHEREAS, the purpose of the Comprehensive Plan is to guarantee continuity in the development of the city and to insure that the development of the city promotes the public health, safety and welfare and is in the- best interest of the citizens and government; WHEREAS, the City of Jeffersonville, the council and its subdivisions have the authority pursuant to Indiana law and local ordinance to develop zoning ordinances, establish construction standards and development standards that are promulgated for the purpose of providing for the public health, safety and welfare; NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE DOES HEREBY ORDAIN AS FOLLOWS: ONE: That the Plan Commission has reviewed the Petition of Saint John Divine Pure Gospel Church, proposing that the property, a 3.7 acre tract of land located at 406 Ewing Avenue be rezoned from R1: Low Density Residential to IS: Institutional. TWO: That the Plan Commission has considered the proposed Amendment with regard to: (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 development and growth; THREE: That the rezoning proposed by the Petitioner, Saint John Divine Pure Gospel Church, has been certified to the Common Council of the City of Jeffersonville with a favorable recommendation from the Plan Commission, pursuant to I.C. 36-7-4-607; FOUR: That the Common Council has considered the proposed Amendment with regard to: (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 development and growth; ,. FIVE: That the Common Council of the City of Jeffersonville hereby grants/denies the requested rezoning and does/does not impose the conditions recommended by the Plan Commission and further imposes the following conditions: ADOPTED this ~_ day of Q(-r~ ml~c% ~ , 2008. COMMON COUNCIL THE CITY OF JEFFERSONVILLE, INDIANA Presiding O ~ er ATTEST ,-~ r Z~ ' ~ u' c~° L~ Clerk, T surer Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this j (o day of~eteber, 2008. [~Cem bc' r (~.~ , ~ . Peggy~V1~(i er Clerk-Treasurer This Ordinance approved and signed by me this day of October, 2008. omas R. Galligan Mayor, City of Jeffers ille ~'~-~` ~, /alt Y D,c -~. Jr. ~ ~~..~... /Y J~ Pµ~~ ~w II l-~ '~# ' ~ ~Jy# Plan Commission Application for Rezoning City-County Building 501 East Court Avenue, Jeffersonville, IN 47130 1. ApplicantlProperty Owner: Applicant: Name: b57"',.lot}nl DiVarlbF "~ ~~`'~-Ct~,t•1?Gt'1 Address: l~(3tp~?~1-S;,r+~ A/YL sT+€Fr~Sort~Y.Li~~c, /,~ ~!?t3~ Phone Number: 5~~ • Yak • d tea Fax Number: .5~ - '•(CoZ - ~~8y For Office Use Only Case #: Approved Denied Owner: Name: ~~ ~O ti~'~ ~ ~f tl~r+l E Pic,P..~ C~ sPF'L U•1 ~~i t`j" Address: ~ NR~t21,S~ 1vr ~/~ ~"~ ~~R-~ n.' lei u~~ t ~~ i ~~ Phone Number: ~~ • ~.~ (~ • ,~ ~ G Fax Number: Sv`a • ~]~ ` !~~ ~ 2. Applicant's Attorney/Contact Person and Project Engineer (if any): Attorney/Contact Person: Project Eneg~ineer: Name: ~i~'YY1 ~ 1q5 IEtil-.r-~;t~lE1L Name: ~~ iS~i CTi~ `~ ~SS~C:I -'-t il%~~ ~~~U Li r~ ~(;a~/- Address: Address: $pB ~s, ~'',OUIW„~ !~ ~~ 11L~! ~7~ f~fi~~'~ ~~a U,r i rJ ~~ y ~~ Phone Number: Phone Number:_ Li o"~ ' ~~ ~ • i ~ 1 1 Fax Number: Fax Number: ~ ! ~ • ~ ~ ~' ~ t~'~ ~ 3. Project Information: General Location of Property (and address if applicable): 11~, ~; ~-t Irr. ws ~~ ,Lf~NI Current Use: 1~A~G~N { Cun-ent Zoning: ~; I Proposed Use: 1 S C..~tl tL,GI-I Proposed Zoning: ~ 5' Area (in acres): ~~. (~~ 4. Reasons for Rezoning Request: " j2) (;ci n1S i 12.I,i C;( ht Ct-FI,1, i2r,`.H' 5. Attachments: a. Legal description of property e. Proof of ownership (Warranty Deed) b. Authorization from Owner (if Applicant is not the Owner) f. List of Interested Parties c. Statement of Commitments (if any) g. Completed Notice of Public Hearing Sheet d. FOLDED copies of proposed plans (if applicable) h. Application Fee The undersigned states the above information is true and correct as (s)he is informed and believes. Signature of Applicant: _-~I 1~/l~.t.n.•<.1•..~ YY`2~~~ Date: State of Indiana ) County of Clark ) SS: -~,~/ Q Subscribed a sworn to be re me th' ~_~ "'- day of QQ U ~u.~ ~ , o~.~ s6~iGG Notary Public -Signed Printed •""""• Norma J. Isgrigg 8 ~ S! oZ0 / (~ y.•' , Resident Residing in L/92 County My Commission expires z =*:"SEAL :*` Clark County '•°"•"`~ - MY Commission Expires: LEGA D SC RIPTION A part of Survey #3, Jeffersonville Township, Clark County, Indiana, being Lot #46 and a part of Lot #47 in••Catherine M. Hopkins Subdivision as shown in Plat Book 3, Page 71, described as follows: Beginning at a 5/8" rebar at the North corner of Lot #46 in Catherine M. Hopkins Subdivison, being THE TRUE PLACE OF BEGINNING; Thence South " 40° 00'00" East, a distance of 276.50 feet to a 5/8 rebar; Thence South 49° 53'22" West, a distance of 31.67 feet to a 1" round pipe; Thence South 50° 31'42" West, a distance of 120.46 feet to a 1" round pipe; Thence South " 48° 47'23" West, a distance of 161.83 feet to a 1/2 iron pin; Thence North 39° 33'24" West, a distance of 52.00 ` feet to a 1/2" iron pin; Thence South 50° 31'32" West, a distance of 326.40 feet to the centerline of Ewing Lane, passing a 1/2" i ron pin at 295.91 feet; Thence North 40° 00'00" West, a distance of 223.87 feet along said centerline ; Thence North 50° 00'00" East, a distance of 639.90 feet, passing a mag nail at 30.00 feet and a 5/8" rebar at 330.00 feet to THE TRUE PLACE OF BEGINNIN G. Containing 3.680 acres. STAFF REPORT Department of Planning and Development Case Number: PC-08-17 Saint John Divine Pure Gospel Church 3.7 Acre Parcel Rezoning Request From R1 to IS Date: October 28, 2008 Rezoning Request The applicant is requesting that the R1 (Low Density Residential) zoning be changed to IS (Institutional) on a 3.7 acre parcel that is located at 406 Ewing Avenue. The applicant has stated as a part of their application they are pursuing the IS Zoning for the purpose of establishing a church on the property. The applicant is proposing to construct an initial 4,652 square foot church building and anticipates constructing additions onto the building in the future. The property is currently vacant and surrounded by residential & institutional development. Zoning History of Property Staff research on the history of zoning on this property has discovered the following timeline: • On January 1, 2001 the property was shown to be R1 (Low Density Residential) on the Zoning Map that was officially adopted as part of the city's adoption of a new Zoning Ordinance & Map. The property's zoning has not changed since the official adoption of the Zoning Map in January 2001. Zoning Change Procedure The Jeffersonville Zoning Ordinance and Indiana State .Statute IC 36-7-4 outlines the following should be considered when the Plan Commission is reviewing a Rezoning Request: ^ The Comprehensive Plan ^ Current conditions and character of 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 ^ Responsible development and growth Page 1 of 2 PC-08-17 3 Staff s Guidance The following is prepared by the Staff for the Plan Commission's consideration in reviewing this Zoning Change request: ^ The Jeffersonville Comprehensive Plan's Future Land Use Map identifies this property as a single family residential land use. ^ The Jeffersonville Comprehensive Land Use Plan's text recognizes that institutional land uses similar to churches area "... type of land use that is generally permitted in any area. The intent of the Land Use Plan is that schools, parks, and churches might be permitted in a variety of different land use areas as long as proper buffer treatment is required and site plan review is required to prevent any adverse conditions relative to either the public/semipublic use or surrounding area." • The zoning in the general adjoining areas is R1 (Low Density Residential), M2 (General Multi Family Residential), and IS (Institutional) -please refer to the attached general area Zoning Map. • The property is adjacent to a single family residential area, Bridgepoint & Ewing Lane Apartments, and Bridgepoint Elementary School. • The submitted Development Plan does not reveal any need for variances in building setbacks, buffer yard setbacks, and other development standards for the initial 4,652 square foot church building -please refer to the attached Development Plan. Page 2 of 2 PC-08-17 St. John Divine Pure Gospel Church 406 Ewing Lane PC-08-17 Legend -- --- Clark_Co_Streetcl Clark_Co_Parcels Clark_Co_Parcels Undetermined Parcels C1: Small to Medium Scale General Commercial ~j C2: Medium to Large Scale General Commercial DC: Downtown Commerical ® HC: Highway Commercial 11: Business Park/Light Industrial 12: Industrial Park/Heavy Industrial - IR: INAAP Redevelopment IS: Institutional Use M1: Limited Multifamily Residential _ , M2: General Multifamily Residential ® MP: Mobile Home Park - NC: Neighborhood Commerical NI: Neighborhood Industrial - ~ ' ' OC: Office Commerical PR: Parks and Recreation R1: Low Density Residential R2: Medium Density Residential R3: Old City Residential ._..~ _„_,i Jeffersonville_Boundary ~f~" M ~~ 6~9t S \0' p1 i ~ 69G\ ~ 1N_ o~ l pp ~v N SpO~ ~ M ~S p Y ~i i _ _ v A~ 9ttt ~ llv ~ S v ~~~\ qp _ _ `S3„, p6 e \ v r /~ \ \ o .8 ^~~^ \ \~\ Sa ~ ~ _ oR S. _ o~o~ ~ ~ ~ a op \ l aF \ P "~~ • ' ^s~ Ap - `/ N ~~s^Y',o °~ ~F ~~ ~ o ~ / L \ / _ \po / / W Sao r ~ r \ ~ ~°o. fo 9~ ~9\ / ~~ ~ \ SP"s \ ro3Mpi ~ 53N~, d / /~ °o. % ~ \ \ ~ ,y `~` s ~ u \~ \ /~ \ - \ ~ ~ \ N~n^ \ ~ ~ ~ 4 <N _ c \ \ ~ v \ l ^ E $. JCS \ \\ ~. \ - Y \ pO~ m \ ~°. m r ~_ ~\ No \ ~ \ t. _o~v \ \ b q^ l OvL £ a ~ \ ~ \ ~p P `~c\ a~~ ~~.~ A \\ 9 \ \ \ ~ \ \ _ \ s \ / L/ / ~5 / y :. \ `gam ~ \ ~ /pe ~.~ ~ \ pUa% agl3/ 'JSON 6 Lt S 5~; 003da / Cpp ~a a' p2/apN 5~ro0S 9L13 pppa ago <~ SN\~000~a g9 _ Lfa~ 00 l~ - ON _ Oep Z ~^ _ ~o__ ~~ ~~ ~a m ~y •/+wu BY JJML o c~,cKEe e S r 4 L i. CALE ~v "=50' DATE D9/z~/2o --~ RE~sE~ J0~ "c ~ caca-za_ p ~g6 e _ ~~ P ~- g=a o~=~ k ^'gn . ~ x ~ a _ i `n e ~ _ cv ~" _ - 5- ~ °~o>~ pny~a -o Pmov_i _ O i~ ~ Y SITE DEVELOPMENT PLAN BOB ISGRIGG & ROBERT McCLELLAIV ASSOCIATES 406 Ei1/INO LANE IN /EFFERSO/V MLLE Civil ENG WEEKS j LAND SJR VE YORS -- 518 E COURT PVENUE .IEFEERSONMLLE, IN <7~}C ~-_ (812) 285-1Cit Pno~~e I (8:2) 285-tOt2 Far h;lp//,,v v.w inrcy~~onaSurveyc m.