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HomeMy WebLinkAbout2013-OR-33STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2013 -OR- 03 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 219 Fulton Street AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 to N1. Whereas, BHNC, LLC filed a petition before the Jeffersonville Commission to change the zoning map designation of the real property located at 219 Fulton Street and fully described in the attached Exhibit A from R3: Old City Residential to N1: Neighborhood Industrial; 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 September 3, 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 219 Fulton Street and fully described in the attached Exhibit A is hereby changed from R3: Old City Residential to N1: Neighborhood Industrial 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 day of , 2013. Common Council Of The City of Jeffersonville, Indiana ATTEST: Caw Vicki Conlin City Clerk VOTED AGAINST: Connie Sellers, President Presented to me as Clerk to the Mayor of said City of Jeffersonville this day of , 2013 at ,,,efk 41, 4-1 This Ordinance approved and signed by me this 2013 at Prepared by: Les Merkley Corporate Counsel Vicki Conlin City Clerk Mike oore, Mayor STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF BHNC, LLC (PC -13-27) TO REZONE A CERTAIN TRACT 219 Fulton Street FROM R3 to NI CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, BHNC, LLC filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from R3 to NI ; 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 CERTIFI D that on July 30, 2013 , the Jeffersonville Plan Commission 0 ,,,..\-wvorAble rerem ►tir g1a4h'., -2that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from R3 to NI as requested in the petition of BHNC, LLC So certified this 30 day of July ,2013 . J a Rodriqu Chairman Exhibit A Legal Descriptions of Three Parcels Beginning at the Northeast corner of Lot 21 in the City of Jeffersonville, running thence South along the East line of Lot No. 21 and the West boundary line of Fulton Street 37 feet to a stake, Thence at right angles Westwardly through Lot 21, 139 feet to a stake, Thence at right angles Northwardly 38 feet to an alley; Thence at right angles Eastwardly along the North boundary line of Lot 21 and the South boundary line of said alley, 137.5 feet to The Place Of Beginning. It is expressly understood and agreed that a ten foot strip off the West side of the above-described real estate shall be reserved as a right-of-way easement and outlet for the benefit of persons on the adjoining property. Subject to any and all easements, agreements and restrictions of public record. Beginning at a point 137.5 feet west of th northeast corner of Lot #21 in Block #41 in the City of Jeffersonville, being th4 true place of beginning; thence westwardly along the north boundary of Loot #21 and the south side of the adjoining alley, 82 feet to a stake; thence &t right angles southwardly across Lot #21 and part of Lot #22, 58 feet to a stake thence at right angles eastwardly through part of Lot #22 in Block #41, 82 feet to a stake; thence at right angles northwardly through part Lot #22 and Lot #21, 58 feet to the north boundary line of Lot #21, the true place of beginning. Being the same real estate conveyed to Aztnie K. Ross, by the Estate of Gordon W. Ross #83-P-103, filed in the Clark County Circ}ait Court Clerk's Office. Part of Lots Nos. 21 and 22 in Block No. 41 in the City of Jeffersonville, Clark County, Indiana, described as follows: Beginning at a point on the West side of Fulton Street 211.3 feet Northwardly from the Southeast corner of Block No. 41 , the true place of beginning in Lot No. 22 of said block; thence Northwardly along the West line of Fulton Street through parts of Lots Nos. 22 and 21 a distance of 21 feet to a stake; thence at right angles westwardly and parallel with Market Street, extending a distance of 139 feet through Lot No. 21 to a stake; thence at right angles Southwardly extending 20 feet through Lots Nos. 21 and 22 to a stake; thence at right angle Eastwardly along the City property line through Lot No. 22, 140 feet to the true place of beginning. STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: PC -13-27 Petitioner: BHNC, LLC (Industrial Air Centers, Inc.) Request: Rezoning from R3 to NI Location: 219 Fulton Street & Adjacent alley Parcels: 10-19-00-100-904.000-010, 10-19-00-100-905.000-010, & 10-19- 00-100-906.000-010 Hearing Date: July 30, 2013 Rezoning Request The applicant is requesting a zoning map amendment for three parcels located at 219 Fulton Street and a portion of the "Old Levee in Block 41". The three parcels that comprise 219 Fulton Street are currently zoned R3 (Old City residential). Two of the parcels are already owned by the applicant and are not used by the residence that is located on the third parcel. The applicant is requesting that all three parcels be rezoned to NI (Neighborhood Industrial) which is the same zoning as the applicant's property at 731 E. Market Street. History of the Property The 876 square -foot residence was built in 1930. Industrial Air Centers has used part of the property for parking. An alley and the old levee separate this property from the office of the applicant on Market Street. The old levee was the first flood barrier and was built in the 1800s. 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; 11 The conservation of property values throughout the jurisdiction; and Responsible development and growth. Comprehensive Plan & Planning Districts The Jeffersonville Comprehensive Plan's Planning Districts Map identifies this property within Traditional Neighborhood. The Planning Districts' text describes the Traditional Neighborhood District as follows: Page 1 of 7 PC -1327: 219 Fulton Street "This form is characterized by predominantly residential uses, by a grid pattern of streets with sidewalks and often including alleys. Residential lots are predominantly narrow and often deep, but the neighborhood may contain sections of larger estate lots, and also sections of lots on which appropriately integrated higher density residential uses may be located. The higher density uses are encouraged to be located in centers or near parks and open spaces having sufficient carrying capacity. There is usually a significant range of housing opportunities, including multi -family dwellings. Traditional neighborhoods often have and are encouraged to have significant proportion of public open space such as parks or greenways, and may contain civic uses as wells as appropriately located and integrated neighborhood centers with a mixture of mostly neighborhood serving land uses such as offices, shops, restaurants and services." Condition and Character of the District The industrial activity of JeffBoat has been the defining activity of Market Street and various commercial and Tight industrial uses have operated along this corridor. This commercial activity has been limited to the properties along Market Street; rarely have they extended beyond Cherry Alley, the flood wall, or High Street. The block where the applicant is planning to expend has two alleys so if one alley were to be partially vacated the grid of streets and alleys would still function for the nearby residents. Desirable Use of the Land & Conservation of Property Values The development standards for the Neighborhood Industrial district will require improvements that soften the impact on adjacent residences. Building setbacks and buffer yards should make any development of this property more attractive than past industrial projects. If the applicant cannot meet these development standards they will have to apply for variances from the Board of Zoning Appeals. Page 2 of 7 PC -13-27: 219 Fulton Street Fi ure 1: Vicinity Map for 1410 E. 8th Street • NI (731 E. Market St.) Page 3 of 7 Figure 2; Zoning ap PC -13-27: 219 Fulton Street Dwellings along Chestnut Street 219 Fulton Street Old levee and alley that applicant is requesting to be vacated 731 E. Market Street Kempf Heating Figure 4: 219 Fulton St, Page 4 of 7 PC -13-27: 219 Fulton Street PROPOSED PROJECT EXPANSION IN JEFFERSONVILLE FOR: IAC (industslal Air Centers, Inc.) 731 E. Market Street Jeffersonville, Indiana 47130 www.lacserv.com George T. Burch, President (Jeffersonville Resident) This office is the Corporate Headquarters for 5 other locations in Indiana, Kentucky and Ohio. The Corporation now has 72 empkiyees and would expect this expansion to hire 30 to 35 more employees at corporate over a 5 year period. Current minimum wage is $14.00 per hour but this expansion will involve persons in excess of $50,000 per year with some in excess of $100,000. IAC bought the old budding of Bob Swenson's business and Darling Boat Fabrication being located next door to Kempf Heating & Cooling. IAC also purchased additional ground and buildings from Van Gilder Heating & Cooling (of which they have demoed these structures). There is one rental house facing Fulton Street that can be purchased and also demolish to complete this package proposed. The proposed expansion to be approximately 20,000 SF with demolition of the Darling Boat Fabrication Building and a portion of the Swenson Building and addition and remodel of portions of the existing Swenson Building. There will also be enclosed carport type building to house company vehicles and trailers and an enclosed fenced compound. The new steel metal building will include crane rail system, state of the art paint booth for large commercial air compressor rebuilding. The estimated eve height at this point maybe 14 feet to 16 feet, The existing Swenson building will house more conference rooms, newer restrooms and part storage and shipping. IAC is requesting if Zoning is currently proper for this expansion and if not what will be required from the Plan Commission and BZA as well as the City Council to move this project forward quickly. Also the 2 alleys behind the project, IAC would like to vacate the portion directly behind and provide a portion of their property to the west to reconnect the 2 alleys. Finally with the $800,000 to $1,000,000 estimated construction and improvements, additional jobs and new equipment IAC would like to submit for tax abatement on the project. Time line for the project is immediate once all approvals are met as quickly as possible. If the City feels this is a valid project for the request and approval so we can proceed with preliminary design to present to all parties. The biggest delay Is the Metal Building Design and order placement. This will be a design/build project with The Estopinal Group and K M Stemier Corporation. The goal is to have a structure up by December 2013. Respectively submitted, J. Bruce "Corky Scales, CBI Consultant / Project Coordinator Figure 5: Applicant's Letter Page 5 of 7 PC -13-27: 219 Fulton Street trt G 5T ha Lrr '51"g•e61- ReitazorriA ReStocayxAt... tAC At-Lvy tviAtitiec=1" liTpaer Figure 6: Plan for Merging Lots Page 6 of 7 PC -13-27: 219 Fulton Street •- Vs Proposed business expansion using the property at 19 Fulton St. Page? of 7 p4'11!nb<IN pWA, cJ PC -13-27: 219 Fulton Street a