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Home My WebLink About2013-OR-46STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2013-ORi-1 4 - AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED ON A 4.8 ACRE PARCEL AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C1 to C2. Whereas, Jesse Green filed a petition before the Jeffersonville Commission to change the zoning map designation of the real property located on a 4.8 Acre Parcel and fully described in the attached Exhibit A from C1: Small to Medium Scale General Commercial to C2: Medium to Large Scale General Commercial; and, Whereas, on October 29, 2013 the Jeffersonville Plan Commission has certified its favorable 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 November 4, 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 on a 4.8 Acre Parcel and fully described in the attached Exhibit A is hereby changed from C1: Small to Medium Scale General Commercial to C2: Medium to Large 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 / day ortitasvOLLOL, , 2013. Common Council Of The City of Jeffersonville, Indiana VOTED FOR: ATTEST: .pje.: Vicki Conlin City Clerk 1V 14L-{ Connie Sellers, President Presented to me as Clerk to the Mayor of said City of Jeffersonville this / day of `')ol�e�n ,e,� , 2013 at Vicki Conlin City Clerk This Ordince a proved and signed by me this / q day o �y 2013 at / ' DOGc,I�►� Prepared by: Les Merkley Corporate Counsel Mik:' Moore, Ma or STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF JESSE GREEN - PC -13-36 TO REZONE A CERTAIN TRACT 4.8 ACRE PARCEL -10-19-01-201-073.000-009 FROM C1 to C2 CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, JESSE GREEN filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from C1 to C2 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on OCTOBER 29, 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 OCTOBER 29, 2013 , the Jeffersonville Plan Commission ,,,o b< «c C - o) that the Jeffersonville Common Council enact by ordinance theproposed zoning designation change of the property from C1 to C2 as requested in the petition of JESSE GREEN - PC -13-36 So certified this 29thday of OCTOBER , 20 13 . 4 Jo ua Rodriquez Chairman ,<\„,LA 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 Jeffersonville, Indiana 47130 (812) 282-4197 fax P.O. Box 157 Jeffersonville, Indiana 47131-0157 18 September 2013 DESCRIPTION OF 4.8 ACRES IN SURVEY 12 FOR REZONING Being a part of Survey 12 of the Illinois Grant to Clark County, Indiana and being further described as follows: Beginning at a concrete monument on the south corner of said Survey 12; Thence N.54.03'52"E., along the southeast line of said Survey, 2013.84 feet to a limestone monument on the north corner of Survey 4; Thence N.37.25'_51 "W., 1787.32 feet to a steel pin on the northeast Right -of -Way line of Allison Lane, THE TRUE PLACE OF BEGINNING: Thence N 35.45'46" W., along said Right -of -Way line, 78.36 feet; Thence N 54.24'07" E., 200 feet; Thence N 35.34'41" W., 198.43 feet; Thence N 51.01'46" E., 566.12 feet; Thence S 34.3829" E., 323.5 feet; Thence S 54.40'53" W., 153.73 feet to a steel pin; Thence S 34.55'13" E., (passing through steel pins at 20 feet and 197 feet) 199 feet to the northwest Right -of -Way line of Middle Road; Thence S 37.57'36" W., along said Right -of -Way line, 51.4 feet to a steel pin; Thence N 35.20'14" W., 108.62 feet to a steel pin; Thence S 54.37'55" W., (passing through a steel pin at 145 feet) 154.93 feet to a steel pin; Thence N 35.3426" W., 65.04 feet to a steel pin; Thence N 54.41'30" E., 60.27 feet to a steel pin; Thence N 35.22'38" W., 49.94 feet to a steel pin; Thence S 54.40'48" W., 460.27 feet to THE TRUE PLACE OF BEGINNING. Containing 4.8 acres and being subject to all easements of record. NOTE: THIS DESCRIPTION PREPARED FOR REZONING PURPOSES ONLY. file:T:\DOCS\DESCRIPTIONS121033.wpd PDF created with pdfFactory trial version www.pdffactory.com STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: PC -13-36 Petitioner: Jesse Green Request: Rezoning from C1 to C2 Location: Vacant land behind commercial properties at the Intersection of Middle Road and Allison Lane Parcel: 4.8 Acres - Parcel #10-19-01-201-073.000-009 Hearing Date: October 29, 2013 Rezoning Request The applicant is requesting a zoning map amendment for a 4.8 -acre parcel located at near the intersection of Middle Road and Allison Lane. This property is currently zoned 01 (Small to Medium General Commercial). The petitioner is requesting that the property be rezoned to the C2 (Medium to Large Scale General Commercial). Property Location and Description The subject property is located behind the existing development at the intersection of Middle Road and Allison Lane. The parcel abuts both streets, but the majority of the acreage is not close to the street. Amanda Place Apartments Car Wash at 3 015 Middle Road Dollar General and Save -a -lot Grocery Store Intersection of Allison Lane and Middle Road Page 1 of 7 Figure 1: Vicinity Map PC -13-36: Middle Road Mini Storage 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. Most of the commercial property near the intersection of Middle Road and Allison Lane is zoned 01. The adjacent apartment complex (Amanda Place) is zoned Medium Density Multifamily Residential (M2). Subject Property — Small to Medium Commercial (C1) Commercial Property along 10th Street (C2) O r Institutional Uses District (IS) Medium Density Single Family Residential (R2) Figure 2: Zoning Map Comprehensive Plan & Planning Districts The Jeffersonville Comprehensive Plan's Planning Districts Map identifies this property as being in the Suburban Neighborhood District. This district is described as follows: "The Suburban Neighborhoods District is characterized by predominantly residential uses that vary from low to high density and that blend compatibly into existing landscape and neighborhood areas. High-density uses will be limited in scope to minor or major arterials and to area that have limited impact on the low to moderate density residential areas... The district may contain open space and, at appropriate locations, civic uses Page 2 of 7 PC -13-36: Middle Road Mini Storage 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 district should provide for accessibility and connectivity between adjacent uses and neighborhoods by automobile, pedestrian, bicycles, and transit." Desirable Use of the Land & Conservation of Property Values This parcel's odd shape and limited road frontage would likely limit its potential for commercial development that is high intensity. The development standards will require significant buffering between any development on this property and the adjacent apartments. Attachments 1. Applicant's Letter of Intent (2 pages) 2. 01 District Intent 3. C2 District Intent Page 3 of 7 PC -13-36: Middle Road Mini Storage LETTER OF INTENT Applegate Fifer Pulliam represents the applicant Jesse Green and requests the rezoning of approximately 4.80 acres of property from to Cl (Small to Medium Scale General Commercial) to C2 (Medium to Large Scale General Business). Applicant is currently under a verbal option to purchase the property from Thomas Osborne and George Chapman, the current owners of the subject property and other adjacent property. 1. PROPERTY DESCRIPTION AND EXISTING ZONING CLASSIFICATION The subject property is a 4.8 acre parcel of a larger parcel situated behind the commercial properties situated at the intersection of Allison Lane and Middle Road. The subject property has 78 feet of frontage on Allison Lane between the existing Dollar General Store and MainSource Bank and has approximately 50 feet of frontage along Middle Road between the former Dairy Queen and the existing self service car wash. A majority of the subject property is situated between the back of MainSource Bank and the side of the Amanda Place Apartments. The subject property is also subject to a 10 foot sanitary storm sewer easement. A majority of the subject property is zoned Cl (Small to Medium Scale General Commercial), with a portion of property adjacent to the subject property being zoned multi -family. 2. APPLICANT The applicant is Jesse Green, a Jeffersonville resident who intends to finance the acquisition and construction of the proposed project with a local bank. In the event the rezoning is approved and the property purchased, the Applicant intends to retain Blankenbeker & 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 six separate large self -storage buildings for storage of autos, boats and R.V.'s with 12 foot widths and varying depths with an aggregate of approximately 172 spaces. It is our understanding that there are very few options in Jeffersonville for the storage of boats and R.V.'s which shortage prompted the applicant's interest in this project. The property would be bound by a fence for security purposes but would also contain a 50 foot grass and landscape buffer along the boundary adjoining the apartment complex. The project would be accessed off of Middle Road and the Allison Lane frontage would be reserved for future development. Lancassange Creek runs along the Northwest side of the subject property but all proposed buildings would be constructed above the applicable flood elevation. The subject property would include an on-site detention basin adjacent to Lancassange Creek. Page 4 of 7 PC -13-36: Middle Road Mini Storage b. Densities and Land Use Ratios. Jeffersonville's Zoning Code provides that the C2 District can be used adjacent to all other commercial districts and the R3, M1 and M2 residential districts. Such is the case with the present application. The C2 zoning classification, together with a grant of Special Exception, would allow the construction of mini -storage facilities (i.e. mini warehouses). The C2 District classification is the lowest classification allowing mini -storage warehouses Since the proposed use as a mini -storage facilities requires a special exception, Article 7.26 of the Zoning Code provides that applicant should comply with Cl Development Standards. Thus, the development standards associated with the existing zoning classification of the subject property will govern the development of the subject property even after its rezoning to C2. . c. Proposed Layout. The proposed layout of buildings, drive lanes, detention basin and other basic elements are shown on the proposed site plan. 4. REQUEST FOR APPROVAL. The requested zoning classifications would enable the applicant to efficiently develop the subject property for the proposed medium scale general business use as a mini -storage facility on an otherwise fallow parcel of land currently acting as a buffer between general commercial and multi- family apartment complexes. The proposed classification is the least intrusive classification authorizing Applicants proposed use and the special exception standards associated with Applicant's proposed use must be equal to the C1 standards already applicable to the subject property. The subject property will not be directly adjacent to any roadway and will primarily adjoin rear parking and driveway areas of all adjacent properties. Page 5 of 7 PC -13-36: Middle Road Mini Storage "Cl" District 4.13 "Cl" District Intent, Permitted Uses, and Special Exception Uses District Intent The "Cl" (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 lighting, 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 • 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-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 sales • 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 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 4-14 Jeffersonville Zoning Ordinance Page 6 of 7 PC -13-36: Middle Road Mini Storage "C2" District 4.15 "C2" District Intent, Permitted Uses, and Special Exception Uses District Intent The "C2" (Medium to Large Scale General Commercial) District is intended to provide a land use category for most large 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. However, buffering should be provided between this district and any residential district. Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to use this district with the "Cl" 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, un -landscaped large parking lots, parking lots fronting major streets, and traffic conflicts In the "C2" District. Permitted Uses Institutional/Public Facilities • hospital Business: Auto Sales/Services •auto body repair shop • auto parts store • auto repair shop •auto sales (open air, with showroom, full service mechanical with or without body shop) •auto service (tire or muffler shop) Business: Food Sales/Service •convenience store (with gas pumps) •drive-in restaurant • grocery/supermarket • restaurant Business: General Business • hotel • motel • plant nursery . • wholesale business Business: Office/Professional • bank/credit union • bank machine/ATM •drive-thru bank machine/ATM •drive-thru bank/credit union • office complex • medical/dental clinic Business: Personal Service • barber/beauty shop • drive-thru dry cleaning service • dry cleaning service • fingernail salon •fitness center/gym • health spa • tanning salon Business: Recreation • banquet hall • bowling alley • theater, indoor (not adult entertainment) • video store Business: Retail • antique shop • apparel shop •department store •drug store • electrical supplies • fabric shop • floor coverings • flower shop • furniture store • enclosed shopping mall •gift shop • hardware store • heating & cooling sales/service • home electronics/appliance store • jewelry store • liquor sales • music store • news dealer/bookstore (not adult entertainment) • office supplies • paint store Permitted Uses • plumbing supplies • sporting goods store • variety store Miscellaneous •accessory uses Special Exception Uses Business: Auto Sales/Services • auto sales (open air, limited mechanical services or body shop) • auto sales (open air, no services) • auto service station • auto wash (automatic and self) • oil change service (enclosed) • recreational vehicle sales (motor home sales) Business: Food Sales/Service •convenience store (with gas pumps) Business: General Business • airport • boat sales/service • funeral home or mortuary • helipad or heliport • light rail station • sign painting/fabrication • mini -storage facility (mini warehouse) • motor bus station • railroad station Business: Recreation • ball fields • bar/night club (not adult entertainment) • theater, outdoor (not adult entertainment) Business: Retail • lumber yard • satellite dish sales/service • kennel (commercial) Communication/Utilities • public wells • radio/TV station • telecommunication facility 4-16 Jeffersonville Zoning Ordinance Page 7 of 7 PC -13-36: Middle Road Mini Storage CITY OF JEFFERSONVI DEPARTMENT OF LAW Les Merkley, Corporation Counsel/Director of Legal Affairs 812-285-6493 office 812-285-6403 fax www.cityofjeffinet 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 ON A 4.8 ACRE TRACT OF LAND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Cl TO C2 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED ON A 4.8 ACRE TRACT OF LAND AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Cl to C2 Notice is hereby given that the City ofJeffersonville 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 on a 4.8 Acre Tract of Land and fully described in Exhibit A from Cl TO C2. A public hearing will be held on November 4, 2013 at 7:00 p.m, in the City Council Chambers, 1 st 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