HomeMy WebLinkAbout2012-OR-26 STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE NO 2012 -OR- cq l.P
AN ORDINANCE CHANGING THE ZONING MAP OF REAL ESTATE LOCATED AT
{ EAST 10 TENTH STREET AND HERB LEWIS ROAD, JEFFERSONVILLE, CLARK
COUNTY, INDIANA BEING 19.783 ACRES FROM C1 (SMALL TO MEDIUM SCALE
GENERAL COMMERCIAL) TO M3 (HIGH DENSITY MULTIFAMILY RESIDENTIAL).
Whereas, GILMORE HOLDINGS, LLC has filed a petition before the Jeffersonville Plan
Commission to change the zoning map designation of real property located at East
Tenth Street and Herb Lewis Road, Jeffersonville and as described in Exhibit "A"
WHEREAS, on May 29, 2012, the Jeffersonville Plan Commission considered an
petition filed by GILMORE HOLDINGS, LLC requesting that the C1 (Small To Medium
Scale General Commercial) zoning be changed to M3 (High Density Multifamily
Residential) zoning on a 19.783 acre parcel of property; and
WHEREAS, after proper notice in accordance with law, the Plan Commission held
a public hearing on the rezoning request on May 29, 2012; and
WHEREAS, the Plan Commission received evidence and information from the
Petitioner's representatives and spokespersons, received evidence and information from
remonstrators or citizens who were allowed to speak under the Commission's rules,
reviewed any staff reports as were submitted, considered any legal advice rendered at the
meeting, and otherwise considered all relevant information submitted on the petition at the
hearing;
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(0(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 June 4,
2012; and,
IT IS, THEREFORE, HEREBY CERTIFIED as follows:
1. On the 2 "d day of May 2012 the Petitioner filed a petition with the F`
Jeffersonville Plan Commission to change the Jeffersonville Zoning Map asking that the
real estate described in the said petition be reclassified from C1 (Small To Medium Scale
General Commercial) zoning be changed to M3 (High Density Multifamily Residential).
The property which Petitioners seek to have rezoned is described in Exhibit "A ".
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2. The Petitioner submitted the petition pursuant to Ind. Code § 36-7-4 -
602(c)(1)(B).
3. The proposal was assigned Case No PC- 12 -10.
4. In considering proposals for rezoning, pursuant to I.C. 36- 7- 4- 602(c)(3) and
I.C. 36 -7 -4 -603, the Plan Commission and the City Council must both pay reasonable
regard to (a) the comprehensive plan; (b) current conditions and the character of current
structures and uses in each district; (c) the most desirable use for which the land in
each district is adapted; (d) the conservation of property values throughout the
jurisdiction; and (e) responsible development and growth.
5. Notice was given and a public hearing was held on the Petitioner's rezoning
proposal under I.C. 36 -7 -4 -604, such public hearing having been conducted during the
evening of April 24, 2012.
6. Upon consideration of the factors required by law, after having reviewed the
petition and exhibits thereto, after having reviewed any letters of support or protest, and
after having heard from the Petitioner, any remonstrators or objectors, any and all staff
reports, any and all comments by the Commission's attorney, the Commission by
majority vote of sufficient number Commission members voted to give the petition a
FAVORABLE recommendation.
7. The Petitioner's proposal for rezoning as described is being certified to the
City Council with a FAVORABLE recommendation from the Plan Commission, pursuant
to Ind. Code § 36- 7- 4- 605(a)(3).
} NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of
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Jeffersonville, Indiana that the zoning designation of the real property described above
is hereby changed from C1 (Small To Medium Scale General Commercial) to M3 Hi h
Density Multifamily Residential); and ( g
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 4 day of June 2012.
COMMON COUNCIL OF
THE CI OF JEFFERSONVILLE, INDIANA
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Ed Zastawny, Presiding Officer p'
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ATTEST:
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Vicki Conlin
Clerk
Presented by me as Clerk to the Mayor of said City of Jeffersonville this / day of
June, 2012 at m.
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Vicki Conlin
Clerk
This Ordina ce = • ' roved a • signed by me this day of June, 2012 at m.
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Mike Moore Mayor
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David R. Blankenbeker, P.L.S. Howard R. Blankenbeker (1905 -1974)
Rollyn H. Blankenbeker (1934 -1994)
Blankenbeker & Son
Land Surveyors Inc., P.C.
Established 1945
618 E. Court Avenue (812) 282 -4183 phone P.O. Box 157
Jeffersonville, Indiana 47130 (812) 282 -4197 fax Jeffersonville, Indiana
47131 -0157
17 April 2012
DESCRIPTION OF STONEBRIDGE APARTMENTS IN SURVEY 23
Being a part of Survey # 23 of the Illinois Grant to Clark County, Indiana and being further described as
follows:
Beginning at a stone on the south corner of said Survey 23; Thence N.35.36'10 "W., along the southwest
line of said Survey, 1559.49 feet to an iron pipe; Thence N.35.33'22 "W., along said southwest line, 639.31 feet
to THE TRUE PLACE OF BEGINNING:
Thence continuing N 35.3322" W., 685.02 feet to a point in the centerline of Herb Lewis Road;
Thence N 46.37'01" E., 18.6 feet to a concrete Right -of -Way monument;
Thence N 19.20'07" W., along the Right -of -Way line of said Herb Lewis Road, 38.85 feet to a concrete
Right -of -Way marker;
Thence N 28.3521" W., along said Right -of -Way line, 88.24 feet to a concrete Right -of -Way marker;
Thence N 55.04'02" E., along the Right -of -Way line of the Highway 62 frontage road, 130.39 feet;
Thence N 35.22'49" W., along said Right -of -Way line, 65.3 feet to a stone;
Thence N 54.35'13" E., 830.79 feet to a stone;
Thence S 35.0724" E., 880.11 feet to a "MAG" nail in the centerline of said Herb Lewis Road;
Thence S 54.46'48" W., along said centerline, 994.72 feet to THE TRUE PLACE OF BEGINNING.
Containing 19.783 acres and being subject to all legal highways and easements of record.
ble:T: \DOCS \DESCRIPTIONS \18119.wpd
EXHIBIT A
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NOTICE OF INTENT TO CONSIDER PROPOSED CHANGE OF ZONING MAP
Notice is hereby given that on June 4, 2012 at 7:00 o'clock p.m. in the Council
Chambers, First Floor, Jeffersonville City Hall, 500 Quartermaster Court, 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 Cl: Small to Medium Scale General Commercial to
M3: High Density Multifamily Residential.
DESCRIPTION OF PROPERTY LOCATED IN
THE CITY OF JEFFERSONVILLE
PROPERTY ADDRESS: East 10 Street and Herb Lewis Road,
Jeffersonville, IN (see Exhibit "A" for legal description).
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 May 29, 2012. 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 this meeting at the conclusion of debate.
Such notice given and posted this 30 day of May, 2012.
. Thomas Lowe
Corporation Counsel
Distributed:
Posted — City Hall
News and Tribune via fax
Courier - Journal via fax
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ZONING COMMITMENT
This Zoning Commitment made in accordance with the provisions of I.C. § 36-7 -
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4 -615 by and between:
The City of Jeffersonville, Indiana, and the Jeffersonville City Plan
Commission (collectively "Jeffersonville "), with an address of 500
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Quartermaster Court, Jeffersonville, Indiana 47130; and,
Gilmore Holdings, LLC (the "Owner "), an Indiana limited liability
company, with an address of 900 Lighhouse Drive, Jeffersonville, Indiana
47130.
RECITALS:
WHEREAS, Owner owns that certain tract of real estate located at an unassigned
street address on Herb Lewis Road near its intersection with East Tenth Street in
Jeffersonville, Clark County, Indiana (the "Real Estate "), pursuant to deed dated August
1, 2005, which is more particularly described as follows, to - wit:
Being a part of Survey # 23 of the Illinois Grant to Clark
County, Indiana and being further described as follows:
Beginning at a stone on the south corner of said Survey
23; Thence N.35 °36' 10 "W., along the southwest line of
said Survey, 1559.49 feet to an iron pipe; Thence N.
35°33'22"W., along said southwest line, 639.31 feet to
THE TRUE PLACE OF BEGINNING:
Thence continuing N. 35 °33'22" W., 685.02 feet to a
point in the centerline of Herb Lewis Road; Thence N.
46 °37'01" E., 18.6 feet to a concrete Right -of -Way
monument;
Thence N. 190'07" W., along the Right -of -Way line
of said Herb Lewis Road, 38.85 feet to a concrete Right -of-
Way marker;
Thence N. 28 °35'21" W., along said Right -of -Way
line, 88.24 feet to a concrete Right -of -Way marker;
Thence N. 55 °04'02" E., along the Right -of -Way line of
the Highway 62 frontage road, 130.39 feet; Thence N.
35 °22'49" W., along said Right -of -Way line, 65.3 feet to a
stone;
Thence N. 54°35'13" E., 830.79 feet to a stone;
Thence S. 35 °0724" E., 880.11 feet to a "MAG" nail
in the centerline of said Herb Lewis Road; Thence S.
54 °46'48" W., along said centerline, 994.72 feet to THE
TRUE PLACE OF BEGINNING.
Containing 19.783 acres and being subject to all legal
highways and easements of record.
;and,
WHEREAS, on March 22, 2007, Gilmore obtained approval of a change of
zoning designation for the Real Estate to "B -1" (Limited Business) by ordinance adopted
by the Board of Clark County Commissioners, which designation expressly permitted
Gilmore to construct an intended 240 -unit multi - family residential apartment
development on the Real Estate: and,
WHEREAS, Gilmore has made a substantial financial commitment in the plans
and infrastructure for the intended apartment development, but delayed the
commencement of actual construction due to concerns about general economic
conditions; and,
WHEREAS, on August 20, 2007, the City adopted an ordinance annexing several
large sections of unincorporated territory, including without limitation, the Real Estate;
and,
WHEREAS, due to a remonstrance filed against the annexation of the tract in
which the Real Estate is located, such tract did not become a part of the City (and thereby
become subject to the zoning jurisdiction of the City of Jeffersonville Plan Commission
(the "Plan Commission "), until the Indiana Supreme Court denied transfer of the
remonstrance appeal on February 26, 2009; and,
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WHEREAS, pursuant to a zoning table utilized in the annexation ordinance, the
Real Estate was automatically assigned a change of zoning designation from County
"B 1" (Limited Business) to City "Cl" (Small to Medium Scale General Commercial);
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WHEREAS, Gilmore now desires to proceed with the development of its
proposed "Stonebridge Apartments" project on the Real Estate, and has asserted that it
has a vested right to do so pursuant to the provisions of IND. CODE § 36- 7- 4- 1109(c), and,
WHEREAS, the Plan Commission has determined that Gilmore should first seek
and obtain a change of zoning designation from City "C 1" (Small to Medium Scale
General Commercial) to City "M3" (High Density Multifamily Residential);
WHEREAS, Gilmore has submitted a petition for such change of zoning
designation under reservation of rights; and,
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WHEREAS, following public hearing in accordance with Indiana law at the
regular meeting of the Plan Commission on May 29, 2012, Gilmore's application was
forwarded to the Common Council of the City of Jeffersonville (the "City Council ") with
a favorable recommendation by a vote of 5 in favor, 0 against, 2 absent and not voting;
and,
WHEREAS, in order to address certain issues raised at the City Council's initial
consideration of the petition at its regular meeting on June 4, 2012, Gilmore now
voluntarily tenders this Zoning Commitment pursuant to the rovisions of IND. CODE
P §
36 -7 -4 -1015 as an inducement to the granting of such petition by the City Council.
NOW, THEREFORE, Gilmore, in consideration of the grant of the requested
Zone Map change regarding the Real Estate to "M3" (High Density Multifamily
Residential), expressly commits to the following:
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1. Gilmore shall not construct more than two hundred forty (240) residential
units on the Real Estate, notwithstanding the "M3" development standards of the Zoning
Ordinance that would permit up to sixteen (16) units per acre.
2. Gilmore will not utilize financing for the development of the "Stonebridge
Apartments" on the Real Estate that is in any manner based on, or associated with, the
federal Low Income Housing Tax Credit Program under the provisions of Section 42 of
the Internal Revenue Code, as adopted by the Tax Reform Act of 1986.
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3. In installing the initial landscaping for the development, Gilmore will
plant and install the number and type(s) of plants and trees required to satisfy the
applicable current requirements of the Zoning Code, but Gilmore shall not be obligated to
first submit a formal landscaping plan, or obtain approval of same from the City or the
Plan Commission.
4. In installing the initial signage for the development, Gilmore shall comply
with the applicable current sign standards of the Zoning Code, but Gilmore shall not be
obligated to first submit a formal sign plan, or obtain approval of same from the City or
the Plan Commission.
5. In installing the initial exterior lighting for the development, Gilmore shall
comply with the applicable current lighting standards of the Zoning Code, but Gilmore
shall not be obligated to first submit a formal sign plan, or obtain approval of same from y`
the City or the Plan Commission.
This Zoning Commitment shall become binding on Gilmore, its successors and
assigns, following the grant of final approval of the Zone Map change regarding the Real
Estate to "M3" (High Density Multifamily Residential) as requested by Gilmore.
Subsequent to the grant of such final approval, the City shall be entitled to record this
Zoning Commitment in the office of the Recorder of Clark County, Indiana. The City
and /or the Plan Commission shall have continuing jurisdiction over, and authority to
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enforce, this Zoning Commitment in accordance with the terms set forth herein.
IN WITNESS WHEREOF, this Zoning Commitment is voluntarily made,
undertaken, and tendered to the City for its acceptance in consideration of the grant of the
Zoning Map change requested by Gilmore, this day of June, 2012.
GILMORE HOLDINGS LLC,
Indiana limited liability company
By:
Gary Gilmore, Member
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STATE OF INDIANA
) SS:
COUNTY OF CLARK )
Before me, a Notary Public in and for the above -named County and State,
personally appeared GARY GILMORE, as the duly authorized member of Gilmore
Holdings, LLC, an Indiana limited liability company, and acknowledged the execution of
the foregoing Zoning Commitment on behalf of such company as its free and voluntary
act and deed for the uses and purposes specified therein.
Witness my hand and Notarial seal this day of June, 2012.
My Commission expires:
Notary Public
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Resident of County
Printed Signature
1 affirm, under the penalties for perjury, that 1 have taken
reasonable care to redact each Social Security number in this
document, unless required by law, and that this instrument was prepared by:
C. Gregory Fifer, Attorney
APPLEGATE FIFER PULLIAM LLC
428 Meigs Avenue
Jeffersonville, IN 47130
(812) 284 -9499
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