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HomeMy WebLinkAbout2013-OR-36STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2013 -OR - AN �4 ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT Georgia Crossing, Section II, Lot A AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M1 to C1 Whereas, Sprigler Concrete filed a petition before the Jeffersonville Commission to change the zoning map designation of the real property located at Georgia Crossing, Section II, Lot A and fully described in the attached Exhibit A from M1: Low Density Multifamily Residential to C1: Small to Medium Scale General Commercial; and, Whereas, on July 30, 2013 the Jeffersonville Plan Commission has certified its unfavorable recommendation of the enactment of this proposed zoning map designation change by ordinance of this Common Council; and, 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(f)(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 August 5, 2013; and, Whereas, all interested persons having been given an opportunity to appear before this Common Council and be heard regarding this matter as required by law. Now, THEREFORE, BE IT ORDAINED by the Common Council of the City of Jeffersonville, Indiana, that the zoning designation of the real property located at Georgia Crossing, Section II, Lot A and fully described in the attached Exhibit A is hereby changed from M1: Low Density Multifamily Residential to C1: Small to Medium Scale General Commercial. 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 d3 day of j{�.1� , 2013. Common Council Of The City of Jeffersonville, Indiana VOTED FOR: Vicki Conlin City Clerk Connie Sellers, President Presented to me as Clerk to the Mayor of said City of Jeffersonville this 7 day of 4 �,�' ' , 2013. Li," e Vicki Conlin City Clerk This Ordinance approved and signed by me this 2013. Mike M+ore, Mayo STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Sprigler Concrete (PC -13-12) TO REZONE A CERTAIN TRACT Georgia Crossing, Section II, Lot A FROM Mi. to C1 CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Sprigler Concrete filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from M1 to C1 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on July 30, 2013 ; and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to favorably/unfavorably/not recommend the proposed change of zoning designation of the Property to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on July 30, 2013 , the Jeffersonville Plan Commission un-c„tax.66 rywtnct afiin %•O that the Jeffersonville Common Council enact byordinance the proposed zoningdegi nation change of the P P 9 property from M1 to C1 as requested in the petition of Sprigler Concrete So certified this 344"day of July , 20 13 Ja Rodriqu Ch man ExhibitA Legal Description — Parcel #1: 10-21-03-500-886.000-009 Lot "A" of Georgia Crossing, Section 2 as the same appears of record in Plat Book 12, Page 26 and as ratified as Instrument #200125542 in the office of the Recorder of Clark County, Indiana. Legal Description — Parcel #2: 10-21-03-500-887.000-009 PART OF LOT "A" OF G EORGIA CROSSING, SECTION 2 BEING A PART OF SURVEY #35 OF THE ILLINOIS GRANT TO CLARK COUNTY, INDIANA AND BEING FURTHER DESCRI}}ED AS FOLLOWS: BEGINNING AT A 1 INCH STEEL PIN ON THE WEST CORNER OF SAID SURVEY #35; THENCE NORTH 52 DEG. 38 MIN. 32 SEC. EAST, ALONG THE NORTHWEST LINE OF SAID SURVEY #35, 811.76 FEET TO A CONCRETE NAIL OVER A STEEL PIN, THE TRUE PLACE OF BEGINNING: THENCE CONTINUING NORTH 52 DEG. 38 MIN. 32 SEC. EAST, ALONG SAID NORTHWEST LINE, ] 3..32 FEET TO A "MAG" NAIL ON THE SOUTH CORNER OF SURVEY #49, BEING THE EAST CORNER OF SURVEY #48, THENCE NORTH 52 DEG. 23 MIN. 32 SEC. EAST, ALONG SAID NORTHWEST LINE 155.49 FEET TO A "MAG" NAIL; THENCE SOUTH 39 DEG. 57 MIN. 42 SEC. EAST, 134.24 FEET TO A STEEL PIN; THENCE SOUTH 9 DEG. 11 MIN. 29 SEC. WEST, 56.24 FEET TO THE NORTH RIGHT-OF-WAY LINE OF 1-265; THENCE NORTH 80 DEG. 48 MIN. 31 SEC. WEST, ALONG SAID RIGHT-OF-WAY LINE, 194.96 FEET TO A STEEL PIN; THENCE NORTH 37 DEG. 21 MIN. 28 SEC. WEST, ALONG A RIGHT-OF-WAY LINE OF 1-265, 30.57 FEET TO THE TRUE PLACE OF BEGINNING. CONTAINING 19,472 SQUARE FEET AND BEING SUBJECT TO ALL LEGAL HIGHWAYS AND EASEMENTS OF RECORD, Page 1 of 2 Parcel #1 Vicinity Map Georgia Crossing Subdivision I-265 Overpass of Coopers Lane Page 2 of 2 Figure 1: Vicinity p for 723 Spring Street Page 3 of 6 Figure 2: Zoning Map PC -13-13: Georgia Crossing, Sec 11, Lot A MI District 3.9 Mt District Intent, Permitted Uses, and Special Exception Uses District Intent The 'Mr (Low Density Multifamily Residential) District is intended to provide a land use category for small-scale multifamily residential (i.e. duplex, triplex, and quadplex). The provisions that regulate this zoning district allow a limited mix of residential uses and up to two primary structure per lot. The *M1" district is applicable to new and existing developments, small in area, and development standards that recognize multifamily development requires more stringent development standards to prated the quality of life of tenants Jeffersonville's Pion Commission and Board of Zoning Appeals should use this district for existing developments and carefully for new residential developments. A special exception use should bo granted only when o development is clearly comparable to the intent and standards of this district. Permitted Uses Residential • child care home *dwelling, mult4amily (duplex) *dwelling, cnultifamily (3 to 4 units) dwelling, single-family residential facility for developmeroally disabled (4 bedrooms or less) *residenfiol facility for menially tll (4 bedrooms or It ss) Miscellaneous Use • accessory uses Special Exception Use Institutional/Public Facilities • church, temple, or mosque Miscellaneous Use • home occupation #1 3.10 Jeffersonville Zoning Ordinance Page 5 of 6 PC -13-13: Georgia Crossing, Sec 11, Lot A "C1" District 4A3 "C1" District Intent, Permitted Uses, and Special Exception Uses District intent The "C1" (Small to Medium Scale General Commercial) District is intended to provide a land use category for most small scale general business uses. The provisions that regulate this land use district should not overly restrict normal business practices. This district can be used adjacent to all other commercial districts and the "R3," "M1" and "M2" residential districts. Jeffersonville's Plan Commission should strive to use this district with the "C2" District to encourage a strong and stable area for commerce. The Plan Commission and Board of Zoning Appeals should not encourage "strip development", rather development In clusters which share resources and minimize the cost of public utilities and services. The Plan Commission and Board of Zoning Appeals should also strive to minimize fighting, parking lots fronting the major streets, and traffic conflicts In the "C1" District. Permitted Uses Business: Auto Sales/Services 'auto body repair shop • auto parts store 'auto wash (automatic and self) •oil change service (enclosed) Business: Food Sales/Service •bakery retail • convenience store (without gas pumps) • delicatessen •drive-in restaurant • drive-thru restaurant grocery/supermarket • meat market • restaurant Business: Recreation •badnight club (not adult entertainment) • oilliard/arcade room • bowling alley •dance/aerobicsigymnastics studio •theater, indoor (not adult entertainment) •video store Business: Office/Professional •banklcredit union •drive-thru bank machine/ATM • insurance office *real estate office *travel agency •office complex • professional offices Business: Personal Service • barber/beauty shop *coin laundry • child care center (day care) •drive-thru dry cleaning service •dry cleaning service •fingernail salon 'shoe repair •tailor/pressing shop •tanning salon Business: Retail •antique shop •apparel shop •drug store .electrical supplies • fabric shop •floor coverings 'flower shop .furniture store •garden shop •gift shop • hardware store • home electronics/appliance store •jewelry store .liquor sates •music store Permitted Uses Business: Retail (cont.) • news dealer/bookstore (not adult entertainment) • office supplies •paint store •shoe sales store • sporting goods •variety store Miscellaneous • accessory uses Special EXCefltiOU Uses Business: Auto Sales/Services * auto service station Business: Food Sales/Service • convenience store (with pumps) • open, unenclosed business (farmer's market, etc.) Business: Office/Professional 'contractor office • landscape business Business: Recreation • lodge or private club • miniature golf • public docks • theater, outdoor (not adult entertainment) Business: Retail . kennel (commercial) • satellite dish sales/service Communication/Utilities • telecommunication facility 4.14 Jeffersonville Zoning Ordinance Attachments: Applicant's Letter of Intent Page 6 of 6 PC -13-13: Georgia Crossing, Sec U, Lot A LETTER OF INTENT Applegate Fifer Pulliam represents the applicant Sprigler Concrete, Inc. and requests the granting of a special exception to the Cl (Small to Medium Scale General Business) district classification to allow the use of the subject as Contractor's Office. Applicant currently has pending a rezoning application the rezone the subject property from the existing M1 (Limited Multifamily Residential) classification to C 1 (Small to Medium Scale General Business). Applicant is currently under a verbal option to purchase the property from George Sprigler, the current owner of the subject property. 1. PROPERTY DESCRIPTION AND EXISTING ZONING CLASSIFICATION The subject property contains 5.50 acres situated, is triangular in shape, and is bounded by 1-265 on the south, Coopers Lane on the northwest, and Georgia Crossing Subdivision, Section 2, on the northeast. The subject property has more than 500 feet of frontage along Coopers Lane (including the frontage of McClintock Cemetery which is owned by Jeffersonville Township and is not a part of this application). The subject property is across the street from existing property zoned C2 (Medium to Large Scale General Commercial), which property, in tum backs adjoins the business park zoned 1l (Business Park/Light Industrial). The subject property also contains the existing stormwater detention basin for Georgia Crossing Subdivision, Section 2 which detention basin is engineered to accommodate the proposed use of the subject property. The area surrounding the subject parcel is a mix of single family residential, commercial and adjoins the federal interstate system. 2. APPLICANT The applicant is a corporation owned by Emily Sprigler. The Applicant is doing business in Clarksville but desires to re -locate to Jeffersonville for the purpose of operating in concrete business. The company currently has approximately 25 employees representing an annual payroll in excess of $600,000. Three employees work full time at the subject property and the remaining employees would be at the subject property in the morning (between 7:O0am-7:30am and in the afternoon between 3:30 pm and 6:00 pm. There would be very limited use, if any, after the hours of 6:30 pm. Applicant desires to construct an approximately 8,000 square foot building and associated parking for purposes of housing Applicant's business office, pick-up trucks and concrete forms. In the event the rezoning is approved and the property purchased, the Applicant intends to retain BIankenbeker & Son Land Surveyors, Inc., P. C. to do the design and engineering work. 3. PROJECT DESCRIPTION a. Type of Project. Applicant intends to develop the subject property as one project containing an 8,000 square foot convnercial and business office building, together with associated parking (approximately 48 spaces). As part of such development, Applicant covenants to construct a 5 foot earthen berm along the entire property line adjacent to Georgia Crossing, section 2. This berm would be topped with two (2) staggered rows of evergreen trees six (6) feet on center. 89149 b. Densities and Land Use Ratios. The existing Ml zoning classification would allow the construction of multifamily (4 -units or less) residential units up to a maximum of six units per acre. However, given the fact that more than 900 feet of this 5.5 acre parcel is immediately adjacent to I-265, the existing M I classification is not the most desirable classification for the subject property. The requested Cl classification is the land use classification for most small scale general business uses. The Cl classification allows the use of the subject property as a contractor's office only through special exception. The proposed improvements would be more than 160 feet from the Georgia Crossing neighborhood and all proposed improvements are well below all of the existing Cl Development Standards. c. Proposed Layout. The proposed layout of streets, open space and other basic elements are shown on the proposed site plan. 4. REQUEST FOR APPROVAL. The requested special exception would enable the Applicant to efficiently develop the subject property for the proposed small scale general business use as a contractor's office on a parcel of land currently acting as a buffer between a residential subdivision and 1-265, which interstate will soon see a substantial increase in traffic. While the special exception would place a general business contractor's office use adjacent to a residential use, the proposed berm and associated landscaping will significantly shield the residential neighborhood from the proposed contractor's office use and, more importantly, the highway noise and activity associated with I-265. The requested special exception use and improvement will essentially act as a commercial buffer strip between the existing single family residences and I-265. Traffic from the proposed use will be during general business hours and will to and from Coopers Lane only, with plenty of sight distance from both directions. Further, the Applicant will cause the existing detention basin situated on the subject property to be properly maintained thus avoiding the cost of maintenance by the City of Jeffersonville and the residents of Georgia Crossing. As it now stands, there is no clear designation of who is responsible for the maintenance of the detention basin following annexation by the City of Jeffersonville. For the foregoing reasons, the proposed use is consistent with the current conditions associated with the subject property, is consistent with the most desirable use for which the subject property is adapted, will not negatively impact the health, safety and welfare of the community. 89149 STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Sprigler Concrete (PC -13-12) TO REZONE A CERTAIN TRACT Georgia Crossing, Section II, Lot A FROM M1 to C1 CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Sprigler Concrete filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from M1 to C1 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on July 30, 2013 ; and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to favorably/unfavorably/not recommend the proposed change of zoning designation of the Property to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on July 30, 2013 , the Jeffersonville Plan Commission un-cyota66_ rwi,c{f aW, %-i that the Jeffersonville Common Council enact by ordinance the proposed zoning deli na i n change of the property from M1 to C1 as requested in the petition of Sprigler Concrete So certified this 30`day of July , 20 13 . Ja Rodriqu Ch - man ExhibitA Legal Description — Parcel #1: 10-21-03-500-886.000-009 Lot "A" of Georgia Crossing, Section 2 as the same appears of record in Plat Book 12, Page 26 and as ratified as Instrument #200125542 in the office of the Recorder of Clark County, Indiana. Legal Description — Parcel #2: 10-21-03-500-887.000-009 PART OF LOT "A" OF G EORGIA CROSSING, SECTION 2 BJ ING A PART OF SURVEY #35 OF THE ILLINOIS GRANT TO CLARK COUNTY, INDIANA AND BEING FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT A 1 INCH STEEL PIN ON THE WEST CORNER OF SAID SURVEY #35; THENCE NORTH 52 DEG. 38 MIN. 32 SEC. EAST, ALONG THE NORTHWEST LINE OF SAID SURVEY #35, 811.76 FEET TO A CONCRETE NAIL OVER A STEEL PIN, THE TRUE PLACE OF BEGINNING: THENCE CONTINUING NORTH 52 DEG. 38 MIN. 32 SEC. EAST, ALONG SAID NORTHWEST LINF.,13.32 FEET TO A "MAG" NAIL ON THE SOUTH CORNER OF SURVEY #49, BEING THE EAST CORNER OF SURVEY #48, THENCE NORTH 52 DEG. 23 MIN. 32 SEC. EAST, ALONG SAID NORTHWEST LINE 155.49 FEET TO A "MAG" NAIL; THENCE SOUTH 39 DEG. 57 MIN. 42 SEC. EAST,134.24 FEET TO A STEEL PIN; THENCE SOUTH 9 DEG. 11 MIN. 29 SEC. WEST, 56.24 FEET TO THE NORTH RIGHT-OF-WAY LINE OF 1-265; THENCE NORTH 80 DEG. 48 MIN. 31 SEC. WEST, ALONG SAID RIGHT-OF-WAY LINE, 194.96 FEET TO A STEEL PIN; THENCE NORTH 37 .DEG. 21 MIN. 28 SEC. WEST, ALONG A RIG HT -OF -WAY LINE OF 1-265, 30.57 FEET TO THE TRUE PLACE OF BEGINNING. CONTAINING 19,472 SQUARE FEET AND BEING SUBJECT TO ALL LEGAL HIGHWAYS AND EASEMENTS OF RECORD. Page 1 of 2 Parcel #1 Vicinity Map Georgia Crossing Subdivision I-265 Overpass of Coopers Lane Page2of2 STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: PC -13-12 Petitioner: City of Jeffersonville Request: Rezoning from MI to C1 Location: Coopers Lane — Georgia Crossing, Section 2 Parcel: 5.5 Acres — Two Parcels: #10-21-03-500-886.000-009 &10-21-03- 500-887.000-009 Hearing Date: July 30, 2013 Rezoning Request The applicant is requesting a zoning map amendment for two parcels located off Coopers Lane. The property is currently vacant, zoned M1 (Iow density multifamily) and is not in a commercial corridor overlay district. The petitioner is requesting that the property be rezoned to the 01 (small to medium scale general commercial) to accommodate the use of a contractor's office. The applicant must also get a special exception from the Board of Zoning Appeals to operate a contractor's office on this site. History of the Property The property obtained its M1 zoning when it was annexed into Jeffersonville. However, the property has remained vacant. It has an existing detention basin that handles the drainage for the Georgia Crossing neighborhood. Zoning Change Procedure The Jeffersonville Zoning Ordinance and Indiana State Statute IC 36-7-4 outlines that 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; and • Responsible development and growth. Comprehensive Plan & Planning Districts The Jeffersonville Comprehensive Plan as it relates to this rezoning request is as follows: Page 1 of 6 PC -13-13: Georgia Crossing, Sec 11, Lot A • The Jeffersonville Comprehensive Plan's Planning Districts Map identifies this property within Suburban Neighborhood. The Planning Districts' text describes the Traditional Neighborhood District as follows: "The Suburban Neighborhoods District is characterized by predominately residential uses that vary from low to high density and that blend compatibly into the existing landscape and neighborhood areas. High density uses will be limited in scope to minor or major arterials and to areas that have limited impact on the low to moderate density residential areas. The Suburban Neighborhoods District will contain diverse housing types in order to provide housing choice for differing ages and incomes. New neighborhoods are encouraged to incorporate these different types are designed to be compatible with nearby land uses. These types may include but are not limited to Targe lot single family developments with cul-de-sacs, neo -traditional neighborhoods with short blocks or walkways in the middle of long blocks to connect with other streets, villages and zero -lot line neighborhoods with open space, and high density multi -family condominium -style or rental housing. The Suburban Neighborhoods District may contain open space and, at appropriate locations, civic uses and neighborhood centers with a mixture of uses such as offices, retail shops, restaurants and services. These neighborhood centers should be at a scale that is appropriate for nearby neighborhoods. The Suburban Neighborhoods District should provide for accessibility and connectivity between adjacent uses and neighborhoods by automobile, pedestrian, bicycles, and transit. " Condition and Character of the District The property is adjacent to a Georgia Crossing to the north and vacant land zoned for low density single family to the north. Coopers Lane and Interstate 265 border the property to the south and west. The property directly across Coopers Lane is zoned Medium to Large Scale Commercial (C2). Desirable Use of the Land & Conservation of Property Values The current zoning of this property is Low Density Multifamily (M1) which permits apartment, townhouses, and condos. The location of the cemetery and the detention basin create site constraints for subdividing and street construction. Giving the property a C1 zoning would be a transition between Georgia Crossing and the C2 property on the other side of Coopers Lane. Page 2 of 6 PC -13-13: Georgia Crossing, Sec 11, Lot A Figure 1: Vicinity Map for 723 Spring Street Page 3 of 6 Figure 2: Zoning Map PC -13-13: Georgia Crossing, Sec 11, Lot A Figure 3: Aerial Image Staff Guidance: This is the only property in the area with multifamily zoning and the property is not well suited for multifamily development. A C1 zoning classification for the property could provide commercial activity to serve residents as other vacant parcels in the area develop. Page 4 of 6 PC -13-13: Georgia Crossing, Sec 11, Lot A MI District 3.9 Mi District Intent, Permitted Uses, and Special Exception Uses District Intent The "MV (Low Density Multifamily Residential) District is intended to provide a land use category for small-scale multifamily residential (i.e. duplex, triplex, and quadplex). The provisions that regulate this zoning district allow o limited mix of residential uses and up to two primary structure per lot. The •MI" district is applicable to now and existing developments, small in area, and development standards that recognize multifmnily development requires more stringent development standards to protect the quality of life of tenants Jeffersonville's Plan Commission and Board of Zoning Appeals should use this district for existing developments and carefully for new residential developments. A special exception use should be granted only when a development is clearly comparable to the intent und standards of this district, Permit led Uses Residential • child cote home • dwelling, multifamily (duplex) • dwelling, multifamily (3 to 4 units) • dwelling, single-family • residential facility for developmentally disabled (4 bedrooms Of 1(05) • residential 10<ility for mentally ill (4 bedrooms or 'els) Miscellaneous Use • accessory 1055 3.10 Special Exception Uses Institutional/Public Facilities • church, temple, or mosque Miscellaneous Use • home occupation # I Jeffersonville Zoning Ordinance Page 5 of 6 PC -13-13: Georgia Crossing, Sec 11, Lot A "Cl " District 4.13 "C1" District Intent, Permitted Uses, and Special Exception Uses District Intent The "C1" (Small to Medium Scale General Commercial) District is intended to provide a land use category for most small scale general business uses. The provisions that regulate this land use district should not overly restrict normal business practices. This district can be used adjacent to all other commercial districts and the "R3," "Mi" and "M2" residential districts. Jeffersonville's Plan Commission should strive to use this district with the "C2" District to encourage a strong and stable area for commerce. The Plan Commission and Board of Zoning Appeals should not encourage "strip development", rather development in clusters which share resources and minimize the cost of public utilities and services. The Plan Commission and Board of Zoning Appeals should also strive to minimize lighting, parking lots fronting the major streets, and traffic conflicts In the "C1" District. 4.14 Permitted Uses Business: Auto Sales/Services • auto body repair shop • auto parts store • auto wash (automatic and self) • oil change service (enclosed) Business: Food Sales/Service • bakery retail • convenience store (without gas pumps) • delicatessen •drive-in restaurant •drive-thru restaurant • grocery/supermarket • meat market • restaurant Business: Recreation • bar/night club (not adult entertainment) • billiard/arcade room • bowling alley • dance/aerobics/gymnastics studio • theater, indoor (not adult entertainment) • video store Business: Office/Professional • bank/credit union •drive-lhru bank machine/ATM •insurance office • real estate office • travel agency • office complex • professional offices Business: Personal Service •barber/beauty shop • coin laundry • child care center (day care) • drive-thru dry cleaning service • dry cleaning service • fingernail salon • shoe repair • tailor/pressing shop • tanning salon Business: Retail • antique shop • apparel shop • drug store • electrical supplies • fabric shop • floor coverings • flower shop • furniture store • garden shop • gift shop • hardware store • home electronics/appliance store •jewelry store • liquor sales • music store Permitted Uses Business: Retail (cont.) • news deafer/bookstore (not adult entertainment) • office supplies • paint store • shoe sales store • sporting goods • variety store Miscellaneous • accessory uses Special Exception uses Business: Auto Sales/Services • auto service station Business: Food Sales/Service •convenience store (with pumps) •open, unenclosed business (farmer's market, etc.) Business: Office/Professional • contractor office • landscape business Business: Recreation • lodge or private club • miniature golf • public docks • theater, outdoor (not adult entertainment) Business: Retail • kennel (commercial) • satellite dish sales/service Communication/Utilities • telecommunication facility Attachments: Applicant's Letter of Intent Page 6 of 6 Jeffersonville Zoning Ordinance PC -13-13: Georgia Crossing, Sec 11, Lot A LETTER OF INTENT Applegate Fifer Pulliam represents the applicant Sprigler Concrete, Inc. and requests the granting of a special exception to the Cl (Small to Medium Scale General Business) district classification to allow the use of the subject as Contractor's Office. Applicant currently has pending a rezoning application the rezone the subject property from the existing M1 (Limited Multifamily Residential) classification to C 1 (Small to Medium Scale General Business). Applicant is currently under a verbal option to purchase the property from George Sprigler, the current owner of the subject property. 1. PROPERTY DESCRIPTION AND EXISTING ZONING CLASSIFICATION The subject property contains 5.50 acres situated, is triangular in shape, and is bounded by I-265 on the south, Coopers Lane on the northwest, and Georgia Crossing Subdivision, Section 2, on the northeast. The subject property has more than 500 feet of frontage along Coopers Lane (including the frontage of McClintock Cemetery which is owned by Jeffersonville Township and is not a part of this application). The subject property is across the street from existing property zoned C2 (Medium to Large Scale General Commercial), which property, in tum backs adjoins the business park zoned I1 (Business Park/Light Industrial). The subject property also contains the existing stormwater detention basin for Georgia Crossing Subdivision, Section 2 which detention basin is engineered to accommodate the proposed use of the subject property. The area surrounding the subject parcel is a mix of single family residential, commercial and adjoins the federal interstate system. 2. APPLICANT The applicant is a corporation owned by Emily Sprigler. The Applicant is doing business in Clarksville but desires to re -locate to Jeffersonville for the purpose of operating in concrete business. The company currently has approximately 25 employees representing an annual payroll in excess of $600,000. Three employees work full time at the subject property and the remaining employees would be at the subject property in the morning (between 7:O0am-7:30am and in the afternoon between 3:30 pm and 6:00 pm. There would be very limited use, if any, after the hours of 6:30 pm. Applicant desires to construct an approximately 8,000 square foot building and associated parking for purposes of housing Applicant's business office, pick-up trucks and concrete forms. In the event the rezoning is approved and the property purchased, the Applicant intends to retain BIankenbeker & Son Land Surveyors, Inc., P. C. to do the design and engineering work. 3. PROJECT DESCRIPTION a. Type of Project. Applicant intends to develop the subject property as one project containing an 8,000 square foot commercial and business office building, together with associated parking (approximately 48 spaces). As part of such development, Applicant covenants to construct a 5 foot earthen berm along the entire property line adjacent to Georgia Crossing, section 2. This berm would be topped with two (2) staggered rows of evergreen trees six (6) feet on center. 89149 b. Densities and Land Use Ratios. The existing M1 zoning classification would allow the construction of multifamily (4 -units or less) residential units up to a maximum of six units per acre. However, given the fact that more than 900 feet of this 5.5 acre parcel is immediately adjacent to 1-265, the existing MI classification is not the most desirable classification for the subject property. The requested Cl classification is the land use classification for most small scale general business uses. The C 1 classification allows the use of the subject property as a contractor's office only through special exception. The proposed improvements would be more than 160 feet from the Georgia Crossing neighborhood and all proposed improvements are well below all of the existing Cl Development Standards. c. Proposed Layout. plan. The proposed layout of streets, open space and other basic elements are shown on the proposed site 4. REQUEST FOR APPROVAL. The requested special exception would enable the Applicant to efficiently develop the subject property for the proposed small scale general business use as a contractor's office on a parcel of land currently acting as a buffer between a residential subdivision and I-265, which interstate will soon see a substantial increase in traffic. While the special exception would place a general business contractor's office use adjacent to a residential use, the proposed berm and associated landscaping will significantly shield the residential neighborhood from the proposed contractor's office use and, more importantly, the highway noise and activity associated with I-265. The requested special exception use and improvement will essentially act as a commercial buffer strip between the existing single family residences and I-265. Traffic from the proposed use will be during general business hours and will to and from Coopers Lane only, with plenty of sight distance from both directions. Further, the Applicant will cause the existing detention basin situated on the subject property to be properly maintained thus avoiding the cost of maintenance by the City of Jeffersonville and the residents of Georgia Crossing. As it now stands, there is no clear designation of who is responsible for the maintenance of the detention basin following annexation by the City of Jeffersonville. For the foregoing reasons, the proposed use is consistent with the current conditions associated with the subject property, is consistent with the most desirable use for which the subject property is adapted, will not negatively impact the health, safety and welfare of the community. 139149 OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley, Corporation Counsel/Director of Legal Affairs 812-285-6493 office 812-285-6403 fax www.cityofjeff.net Jeffersonville City Hall 500 Quartermaster Court, Suite 250 Jeffersonville, Indiana 47130 BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA IN THE MATTER OF THE ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT GEORGIA CROSSING, SECTION II, LOT A AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M1 to Cl NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT GEORGIA CROSSING, SECTION II, LOT A AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M1 to Cl Notice is hereby given that the City of Jeffersonville has filed Ordinance with the Jeffersonville City Council, Jeffersonville, Indiana asking for a change in the zoning map designation of a certain tract of property located at Georgia Crossing, Section II, Lot A and fully described in Exhibit A from M1 to Cl. A public hearing will be held on September 3, 2013 at 7:00 p.m. in the City Council Chambers, 1st floor, City Hall, 500 Quartermaster Court, Room 101, Jeffersonville, Indiana at which time and place all interested persons will be heard in reference to the matters set out in said ordinance. An equal opportunity employer. Les Merkley City Attorney Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423