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Home My WebLink About2014-OR-44STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2014-0R- Ai y AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED ON 6.4.03. ACRES OF LAND IN STACY SPRING SUBDIVISION AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 TO C2. Whereas, Robert Lynn Company, Inc_ filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located on 6.401 acres of land in Stacy Spring Subdivision and fully described in the attached Exhibit A from R3_ Old City Residential to C2= Medium to Large Scale General Commercial; and, Whereas, on July 29, 2014 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(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 August 4, 2014; 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 lave. 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 6.401 acres of land in Stacy Spring Subdivision and fully described in the attached Exhibit A is hereby changed from R3- Old City Residential 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 / F' day of August, 2014_ Common Council Of The City of Jeffersonville, Indiana VOT.D P• La; 4 -t -C1 224 Vicki Conlin City Clerk VOTED AGAINST: Dennis Jul' - "'resident Presented to me as Clerk to the Mayor of said City Jeffersonville this /9 day of August, 2014. Vicki Conlin City Clerk This Ordinance approved and signed by me this \cl da 2014. Prepared by: Les Merkley Corporate Counsel Mik$ Moore, ayor STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Robert Lynn Company Inc. PC -14-18 TO REZONE A CERTAIN TRACT 6.401 Acres FROM R3 (Old City Residential) to C2(Medium to Large Scale General Commercial) CERTIFICATION OF islatC211:1111 UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Robert Lynn Company 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 C2 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on July 29, 2014 ; 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 CERT IED that on July 29, 2014 , the Jeffersonville Plan Commission wvot-Al*,rPcinw,vnehcl.S (,5-t) that the Jeffersonville Common Council enact by ordinance the poposed zoning designation change of the property from R3 to C2 as requested in the petition of Robert Lynn Company PC -14-40. So certified this 29thday of July , 2014 Jos�i'i: odnquez Ch. an PAU. ?RIMAVERA & ASSOCI rES Registered Engineers and Land Surveyors ROBERT LYNN COMPANY, INC., & ROBERT LYNN & LINDA LYNN ZONE CHANGE FROM R-3 TO C-2 The following is a legal description prepared this 27th day of June, 2014, of real property being a part of Surveys #53 and 71 of the Illinois Grant, Utica Township, Clark County, Indiana, more particularly described as follows: Commencing at the West corner of said Survey #53; thence along the Southwest line of said Survey #53 South 36° 04' 00" East 1657.73 feet to the point of beginning; thence North 44° 28' 2" East 614.12 feet; thence North 33° 52' 31" East 487.15 feet; thence North 15° 38' 47" East 596.65 feet; thence North 22° 09' 08" East 562.11 feet; thence North 09° 44' 51" East 209.48 feet; thence North 22° 09' 08" East 1043.13 feet; thence North 67° 50' 52" West 290.00 feet; thence North 22° 09' 08" East 531.00 feet; thence South 67° 50' 48" East 297.65 feet to the right-of-way of State Road 62; thence along said right-of-way as follows: along a non -tangent curve concave easterly (said curve having a radius of 9399.08 feet; a chord bearing South 06° 48' 33" West, and a chord length of 279.98 feet) a distance of 279.99 feet; thence South 06° 12' 22" West 298.19 feet; thence leaving said right-of-way South 76° 56' 36" West 175.82 feet; thence South 22° 03' 55" West 920.22 feet; thence South 09° 44' 51" West 202.96 feet; thence South 22° 09' 08" West 563.15 feet; thence South 15° 38' 47" West 598.72 feet; thence South 33° 52' 31" West 492.22 feet; thence South 44° 28' 22" West 619.31 feet to the point of beginning, containing 6.401 Acres, more or less. 301 E. Chestnut Street, P.O. Box 123, Corydon, IN. 47112 Phone: (812) 738-4124 Fax: (812) 738-6740 N IM) V co n STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: PC -14-18 Petitioner: Robert Lynn Company Requests: Preliminary Plat, Rezoning from R3 to C2, and Development Plan Location: Stacy Spring Subdivision Parcel: 10-42-05-300-002.000-039, 10-42-05-300-007.000-039, 10-42-07- 100-004.000-039, and 10-42-05-300-001.000-039 Hearing Date: July 29, 2014 Summary of the Applications and Process The Robert Lynn Company submitted multiple applications with the intent to modify an existing subdivision by changing its proposed lots and zoning. The first step is to amend the preliminary plat that was approved by the Plan Commission in 2009. The second step is to rezone the Tots that are intended for commercial uses. A development plan was submitted for review if the Plan Commission recommends the requested zoning. The intended use requires a special exception use so the approval of the development plan would be contingent on the Board of Zoning Appeals decision. Figure 1: Vicinity Map Property Location and History The property is located along State Road 62 and is on the northern boundary of the City's limits. Development in the River Ridge Commerce Center is underway Page 1 of 14 PC -14-18: Stacy Springs Preliminary Plat & Rezoning on land that is across the highway from this property. A new road connecting 1- 265 to State Road 62, to be called River Ridge Parkway, will intersect with SR 62 roughly This property was annexed by the City in January 2008. Annexed properties were assigned a zoning district that was most similar to the prior zoning in Clark County. During the annexation process, the applicant requested that this property be zoned R3 and C2 because of some variances and permits that were granted by the County. In April 2009, the Plan Commission approved the Preliminary Plat for the Stacy Spring Subdivision (Figure 3). Preliminary Plat Approval Request The proposed changes to the Preliminary Plat would create two new commercial lots and eliminate 11 residential lots. Coronado Court was planned to provide access to these residences so it would also be removed from the plat. The area that would be affected contains 6.401 acres. PAUL PRIMAVERA & ASSOCIATES Registered Engineers and Land Surveyors June 27, 2014 Jeffersonville Department of Planning and Zoning 500 Quartermaster Court, Suite 200 Jeffersonville. IN 47130 Re: SR 62 -- Stacy Springs Preliminary Plat Amendment Letter of Intent Ladies and Gentlemen, Enclosed is an application for an amendment to the preliminary plat approval for the Stacy Springs Subdivision. The intent here is to remove a cul-de-sac and some residential lots in favor of commercial lots. The amendment would be for the removal of 11 residential lots, the replacement of a street intersection with 1 residential lots, and to include two commercial lots on the frontage of State Road 62 and Lucas Avenue. Thank you for your consideration. Sincerely. Robert Lynn President. Robert Lynn Company. Inc. Page 2 of 14 Figure 2: Letter of Intent PC -14-18: Stacy Springs Preliminary Plat & Rezoning PRELIMINARY PLAT STACY SPRINGS SUBDIVISION OWNER 1)t VI 10118 ROBE 141 I VNN CO INC / 1 l MOI IN 11 AROR ROAD SUITE. 4 Nf W Al RANV, IN LNGINI LR SLIRVL VON PALII PRIMAVERA P O BOX 173 CORYDON IN PAR1 OF SURVF. YS 4453 & 44// OF 11/E III INOIS GRANT U 11(.A IOWNSIIIP C1 ARA COUNTY. IN 101A1. ACREAGI, 83486 409 Rt SIDE NT IAL L O 1 S 11115 PROPER TY IS LONF D R GINE RAI NOIIS Area affected by the proposed revision '�y1t 1 2 1 1 1 t/EJ Page 3 of 14 I'AI11, PRIMA17s'kA k AS,' OI IA TES 1'If1Y111!\1k1 Figure 3: Original Preliminary Plat from 2009 PC -14-18: Stacy Springs Preliminary Plat & Rezoning i I s PARTIAL REVISED " n PRELIMINARY PLAT OF f �, PLT n STACY S'RINGS ilt 8 —i- ; .,n, ° • SUBDIV ION le,' elinta t.ee t. r *' tiM1 b r 1 k I w,,l� °. q. ). T fnt Ifs. '.,y OS R.N.Os. n. PLAT n ,o ,,,AAAA ^, \ 11;'"•-• . 4 0.1311 w: ,.. hi mE..f.AP APrwo ro REDUCE THE+ NUNISER CO RILDELIIN. LOTS T 8 � 'Q INCREASE M AREA Q ME tOSED SMAEWALECONNEYOu AREA 0e S �'MOTIONS et ML PRELYNARY bRAI ANC ARF R yyv ' .NCLO ORMID NESE... ,lo _ ..0 _ T V.1'72 4 • ✓i 11 Pg1f PT E rv,At tn.l 1. n DgAT P. `b. bYPT 0 ,13 J Y{t t c I„ w 1 0 Z I'. S r 'grams Let j ,5I ' lnb tn11. IIP 1 30 E ,AESINL,T LTPEET .P for uEsl.nl �•� II .OP'1i0. , A P, ne,ti t! I ., T i. ,.a P..M1.o1 IDT IC -1 I II Re � ???ttlt!!!t AAAA jj CZN.! LOOR b.:,',2'...--.11,1 .AY � P . i , i• ,I. ' • .,AAAA.., '�o. < .„ rr. OW .. I I Figure 4: Preliminary Plat Revisions Rezoning Request The applicant is requesting that 6.401 acres of the Stacy Springs Subdivision be rezoned from R3 (Old City Residential) to C2 (Medium to Large Scale General Commercial). Figure 6 shows the layout of the subdivision with current and proposed zoning. Page 4 of 14 PC -14-18: Stacy Springs Preliminary Plat & Rezoning PAUL PRIMAVERA & ASSOCIATES Registered Engineers and Land Surveyors June 27, 2014 Jeffersonville Department of Planning and Zoning 500 Quartermaster Court, Suite 200 Jeffersonville, IN 47130 Re: SR 62 - Stacy Springs Zone Change Letter of Intent Ladies and Gentlemen, Enclosed is an application for a zone change of 6.4 acres of property located within and adjacent to the Stacy Springs development. The purpose of the zone change is to match expand the existing C-2 zone located within the development and to match the residential lots as previously approved in the preliminary plat. The change in zone will allow the same uses as already allowed in property adjacent to the zone change request. The property is located in an area on a major thoroughfare where adequate utilities exist. The request is solely bounded by property owned by the applicant, and therefore, no adjacent owner property values will be affected. Thank you for your consideration. Sincerely, Robert Lynn President, Robert Lynn Company. Inc. Figure 5: Letter of Intent Page 5 of 14 PC -14-18: Stacy Springs Preliminary Plat & Rezoning wF 51 CORNER CA SUPVI1 /5] / CAWING k 5 ZUNI EALE DAC. PRE IIM0NARE PEAT APPRO`AE 1(1P 01 WEN DIAL 015 0511140 C 2 ZONE IONE EINE - 6.401 ACRES. , / M/1. , - '` ae� •�9 Na AREA SION AGE. ON115 ��— P OUSE. Y APPROVED BY CI ARK COUNTY r.. Figure 6: Plat with Zon Page 6 of 14 Figure 7: Zoning Map PC -14-18: Stacy Springs Preliminary Plat & Rezoning 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 identifies this property for "Mixed -Use" and places it in the Traditional Neighborhoods and Traditional Workplace Planning Districts. The Plan provides the following guidance: "The Traditional Neighborhood 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 large estate lots, and also sections of lots on which appropriately integrated higher density residential uses may be located... Traditional neighborhoods often have and are encouraged to have a significant proportion of public open space such as parks or greenways and may contain civic uses as wells appropriately located and integrated neighborhood -serving land uses such as offices, shops, restaurants and services." "The Traditional Workplace is characterized by predominantly small to medium scale industrial end employment uses. The streets are typically narrow in a grid pattern and often have alleys. Building has little or no setback from the street. Traditional workplaces are often clos Page 7 of 14 PC -14-18: Stacy Springs Preliminary Plat & Rezoning "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 "C1" 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 8 of 14 PC -14-18: Stacy Springs Preliminary Plat & Rezoning "R3" District 3.7 "R3" District Intent, Permitted Uses, and Special Exception Uses District Intent The "R3" (Old City Residential) District Is Intended to provide a land use category for small lots and small -sized single family detached homes. The provisions that regulate this land use district should protect, maintain and promote where possible the "old city residential character" in Jeffersonville. Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to protect this district from business encroachment, conflicting land uses, and non - family oriented businesses. The Plan Commission and Board of Zoning Appeals should strive to promote an average net density of 7 to 8 dwelling units per acre community -wide in the "R3" district. Permitted Uses Residential • child care home (owner -occupied) •dwelling, single family • residential facility for developmentally disabled (4 bedrooms or less) • residential facility for mentally ill (4 bedrooms or less) Miscellaneous •accessory uses • home occupation #1 Special Exception Uses Residential • bed and breakfast facility • boarding house (owner -occupied) • dwelling, two-family • residential facility for developmentally disabled (over 4 bedrooms) Business: Personal Service •child care center (day care) Institutional/Public Facilities • public park/recreational center •church, temple, or mosque Communication/Utility • public well •telecommunication facility Miscellaneous • home occupation #2 3-8 Jeffersonville Zoning Ordinance Page 9 of 14 PC -14-18: Stacy Springs Preliminary Plat & Rezoning Development Plan Application The proposed development is a mini -storage facility on a 2.5 acre lot. The plan includes seven buildings of various sizes and two drives onto Lucas Avenue. The property has frontage on State Road 62 but no entrances are planned for that side of the property. Mini -storage facilities are a special exception use in the C2 zoning district so an approved development plan would be dependent on the BZA granting the special exception use. Development Plan Review The following chart summarizes the standards that apply to this development and how the proposed improvements compare. The Plan Commission can grant waivers from the development standards for building setbacks, landscaping, and signs. The applicant is requesting a waiver from the landscaping standards. The variances to be considered by the Board of Zoning Appeals are highlighted in yellow. Description of Standard Minimum Lot Area Required 2 acres roposc( aria ncc, 2.5 acres Minimum Lot Width 250 feet 157 feet [43 feet] Maximum Lot Depth 392 feet (2.5x width) 531 feet [139 feet] Minimum Lot Frontage 150 feet on Public Street 157 feet on Lucas Avenue Minimum Front Setback 25 feet on Lucas Ave 35 feet on SR 62 45 feet on Lucas Avenue 37 feet on SR 62 Minimum Side Setbacks (each side) 25 feet + 20 from buffer yard standard = 45 foot minimum 25 feet when the adjacent property is C2 45 feet when the adjacent property is R3 Maximum Lot Coverage 70% of Lot Area 79.2% [9.2%] Maximum Height of Structure 25 feet — Primary 20 feet — Accessory All buildings are 13'-1" tall Minimum Main Floor Area 5,000 square feet 4 of the 7 buildings are larger than 5,000 square feet Total floor area = 31,000 square feet Fences and Walls FW -02 8 foot max in the side and rear yards 5 foot max in the front yard 6 foot fence around the entire development, this fence is in front of the buildings along SR 62 [1 foot for fence in front of the buildings] Landscaping LA -02 31 deciduous trees 31 evergreen trees 31 flowering trees 126 foundation plantings (reduced by 20% if native species are used) -See total below - Page 10 of 14 PC -14-18: Stacy Springs Preliminary Plat & Rezoning CITY 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 TRACTCERTAIN 401 ACRE OCATED IN STACY SPRING PROPERTY SUBDIVISION AND OF FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 TO C2 NOTICE OF HEARING ON ORDINANCE OOF PROPERTY LOCATED ON 6.401 DESIGNATION OF A CERTAIN TRACT ACRES OF LAND IN STACY SPRING SUBDIVISION AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 TO C2 Notice is hereby given that the City of Jeffersonville has filed Ordinance with the Jeffersonville City Council, Jeffersonville, Indianarolocated�n Stacy Spring Subdivr a change in the gionp designation of a certain 6.401 acre tract of property y and fully described in Exhibit A from R3 -Old City Residential to C2 -Medium to Large Scale General Commercial. A public hearing will be held on August2014 CourtRoom 101, Jeffersonville, uncil Chambers, 1st floor, City Hall, 500 Quartermaster 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