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HomeMy WebLinkAbout2015-OR-34STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2015 -OR - AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT THIRTEEN PROPERTIES ON EAST 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M2, IS & C1 TO C2. Whereas, Nicklies Development filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at Thirteen Properties on East 10th Street and fully described in the attached Exhibit A from M2, IS & C1 to C2: Medium to Large Scale General Commercial; and, Whereas, on June 30, 2015 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 July 20, 2015; 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 Thirteen Properties on East 10th Street and fully described in the attached Exhibit A is hereby changed from M2,15 & C1 to C2: Medium to Large Scale General Commercial. ITIS 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 cD day of July, 2015. 1 Common Council Of The City of Jeffersonville, Indiana Vicki Conlin City Clerk VOTED AGAINST: Lisa II, President Presented to me as Clerk to the Mayor of said City of Jefferson ille this Q/ • day of July, 2015. Vicki Conlin City Clerk This Ordinance approved and signed by me this O I da 2015. Prepared by: Les Merkley Corporate Counsel 2 Mike oore, Mayo STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Nicklies Development (PC -15-22) TO REZONE A CERTAIN TRACT Thirteen Properties on East 10th Street Described in Exhibit A FROMM2, IS, & C1 to C2 (Medium to Large Scale General Commercial) CERTIFICATION OF FAVORABLERMFAVARABIrEiNG RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Nicklies Development filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), fromM2, Is, &c1 to C2; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on June 30, 2 015 ; and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to favorablykrnfaverablyAnet- recommend the proposed change of zoning designation of the Property to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on June 30, 2 015 , the Jeffersonville Plan Commission ..vw.(ol re 01MIAAe s Cy -0 that the Jeffersonville Common Council enact by ordinance theiloroposed zoning designation change of the property from M2, IS, &C1 to C2 as requested in the petition of Nicklies Development So certified this3oth day of June 2015 024/(47); Brent Roberts Chairman Exhibit A DESCRIPTION FOR REZONING That part of Survey Number 22 of the Illinois Grant, Clark County, Indiana, being further described as follows: Beginning at a steel pin in concrete that marks the north corner of said Survey Number 22; Thence along the dividing line of Survey Numbers 22 and 23, South 35 degrees 28 minutes 11 seconds East, 571.71 feet to a steel pin and cap marking the north corner of Sellers Court (Plat Book 6, Page 57); Thence along the northwest line of said subdivision, South 28 degrees 06 minutes 17 seconds West, 804.42 feet to a steel pin and cap; Thence South 32 degrees 57 minutes 23 seconds East, 1521.47 feet to a steel pin on the northwestern right-of-way line of East 101h Street (formerly known as State Highway 62); Thence along said right-of-way line, South 23 degrees 21 minutes 39 seconds West, 756.98 feet to a steel pin with an aluminum cap; Thence continuing along said right-of-way line, South 23 degrees 25 minutes 52 seconds West, 236.50 feet to a steel pin with an aluminum cap; Thence leaving said right-of-way line, South 53 degrees 58 minutes 12 seconds West, 142:12 feet to an axle; Thence South 53 degrees 51 minutes 58 seconds West, 561.00 feet to a steel pin marking the east corner of Eastbrook Heights Subdivision (Plat Book 10, Page 11); Thence along the northeast line of said subdivision, North 35 degrees 24 minutes 05 seconds West, 435.76 feet to a half-inch steel pin marking the east comer of Eastbrook Manor, Section II, (Plat Book 10, Page 51); Thence along the northeast line of Eastbrook Manor, Section II, North 35 degrees 14 minutes 50 seconds West, 339.82 feet to a half-inch pin marking the east corner of Emerald Forest, Section III, (Plat Book 10, Page 35), which is the south corner of a tract of land conveyed to Allen (Instrument 200914017); Thence along the southeast line of said tract, North 54 degrees 28 minutes 21 seconds East, 148.44 feet to a steel pin and cap marking the east corner of said tract; Thence along the northeastline of said tract, North 35, degrees 18 minutes 15 seconds West, 147.66 feet to a steel pin and cap marking the north corner of said tract Thence along the northwest line of said tract, South 54 degrees 31 minutes 49 seconds West, 148.30 feet to a steel pin and cap marking the north corner of Lot 26 of the above-mentioned Emerald Forest, Section III; Thence along the northeast line of said Emerald Forest, Section III, North 35 degrees 14 minutes 50 seconds West, 54.00 feet to the east corner of Lot 27 of said Emerald Forest, Section III; Thence along the southeast line of a tract of land conveyed to Allen (Instrument 200914018), North 54 degrees 34 minutes 44 seconds East 148.22 feet to a steel pin and cap marking the east corner of said tract; Thence along the northeast boundary of said tract and a tract of land conveyed to Cheatham (Instrument 200911139), North 35 degrees 17 minutes 38 seconds West, 142.117 feet to a steel pin and cap marking the north corner Cheatham; Thence along the northwest line of Cheatham, South 54 degrees 29 minutes 52 seconds West, 148.10 feet to a steel pin and cap marking the north comer of Lot 28 of Emerald Forest, Section III; Thence along the northeast line of Emerald Forest Section III, North 35 degrees 14 minutes 50 seconds West, 515.14 feet to a half-inch pin and cap marking the north corner of Emerald Forest, Section III, which is on the eastern right-of-way line of the CSX Railroad; Thence along said eastern right-of-way line, North 22 degrees 45 minutes 17 seconds East, 943:41 feet to a steel pin; Thence continuing along said right-of-way line, North 22 degrees 54 minutes 03 seconds East, 1604.26 feet to a steel pin and cap; Thence leaving said right-of-way line, North 54 degrees 52 minutes 57 seconds East, 167.23 feet to the Point of Beginning. The above-described tract of land contains 81.304 acres, which is subject to all rights -of -ways and easements, whether of record or not. The above described tract is comprised of the following properties: Robert L. Waiz, Robert L Waiz, Jr. and William J Waiz, Sr. — Deed Drawer 29, Instrument 1400 Lander and Miller Enterprises, Inc. - Deed Drawer 28, Instrument 20349 62 Ventures, LLC — Instrument 201018304 Henry J. Stewart — Instruments 200624029 through 200624033 Charles Insurance Company — Instrument 201420064 James H. Allen and Wilma A Allen — Instrument 200914019 STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: Petitioner: Location: Parcels: Request: Council District: Hearing Date: PC -15-22 Nicklies Development 3713 — 3813 E 10th Street Thirteen included — see attached list Rezone 13 parcels from various zones to C2 (Medium to Large Scale General Commercial) #4 (Connie Sellers) June 30, 2015 Rezoning Request Nicklies Development, LLC, filed a rezoning application for thirteen properties along East Tenth Street. The properties are addressed 3707, 3715, 3733, 3735, and 3813 East Tenth Street and contain 81.304 acres. The properties are currently zoned M2 (Medium Density Multifamily Residential), C1 (Small to Medium Scale General Commercial), and IS (Institutional Uses). The requested zoning is C2 (Medium to Large Scale General Commercial). These properties are in the Commercial Corridor Overlay District which requires all new development to be approved by the Plan Commission at a public hearing. 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. Page 1 of 14 PC -15-22: Nicklies Development Rezoning Propert Location Subject property — 81.3 acres Emerald Forest Subdivision Rolling Ridge Subdivision Figure 1: Vicinity Map Comprehensive Plan & Planning Districts The Jeffersonville Comprehensive Plan's places this property within the Suburban Marketplace & Suburban Neighborhood planning districts. The Suburban Marketplace district is described as follows: "The Suburban Marketplace Corridors are generally located along major roadways with well-defined beginning and ending points and established depths along the length of the corridor. The pattern of development is distinguished by a mixture of medium to high intensity uses. Accommodations for transit users, bicyclists, and pedestrians are encouraged in an effort to attract a variety of users as well as to minimize automobile dependency and traffic congestion. Connectivity to nearby uses should be encouraged. Developers should be encouraged to design new commercial development in compact groups of buildings, which use the same curb cut, share parking, have a common freestanding sign identifying the uses and have a common buffering or streetscape plan with respect to any abutting uses of lower density or intensity. This form may include medium to high-density residential uses that are designed to be compatible with both the non-residential uses along the corridor and the lower density residential uses in adjacent form districts. Medium density residential uses may serve as a transition area from lower to higher density residential uses and should be encouraged in this form. Proposed new commercial uses are encouraged to locate within the boundaries of existing corridors. Reuse of locations within existing corridors is preferred over expansion of a corridor. Proposals to expand defined corridors represent significant policy decisions. When considering proposals that result in an extension of suburban marketplace corridors, particular emphasis should be placed on: (a) use or reuse of land within existing Page 2 of 14 PC -15-22: Nicklies Development Rezoning corridors; (b) potential for disruption of established residential neighborhoods; and (c) compliance with the site and community design standards of the development code." The Suburban Neighborhood district is described 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 choices for differing ages and incomes. New neighborhoods are encouraged to incorporate these different housing types within a neighborhood as long as the different types are designed to be compatible with nearby land uses. These types may include, but not be limited to large lot single family development with cul-de-sacs, neo -traditional neighborhoods with short blocks or walkways in the middle of long block 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. Neighborhoods streets may be either curvilinear, rectilinear or in a grid pattern and should be designed to invite human interaction. Streets are connected and easily accessible to each other, using design elements such as short block or bike/walkways in the middle of long blocks to connect with other streets. Examples of design elements that encourage this interaction include narrow street widths, street trees, sidewalks, shaded seating/gathering areas and bus stops. Placement of utilities should permit the planting of shade trees along both sides of the street." Page 3 of 14 PC -15-22: Nicklies Development Rezoning _ Downtown Historic District �j Primary Gateway - 10th St. ';',/,,-;/;4 Primary Gateway - 14th St. Primary Gateway - 6th St. Primary Gateway - Court Ave. Primary Gateway - Eastern Blvd. 11111 Regional Marketplace Center - Suburban Marketplace Suburban Neighborhood - Suburban Workplace 11111 Traditional Marketplace 11111 Traditional Neighborhood - Traditional Workplace Subject property Figure 2: Planning District Map Zoning Most of the properties are zoned M2 (Medium Density Multifamily Residential) which is intended for apartment complexes with up to 8 apartment units per acre. The following table provides a list of the properties and their current zoning. The requested zoning is C2 (Medium to Large Scale General Commercial). The vacant land across 10th Street is zoned C2. Page 4 of 14 Figure 3: Zoning Map PC -15-22: Nicklies Development Rezoning Parcel # 10-19-02-200-419.000-009 Area (acres) 30.08 Current Zoning M2 10-19-02-200-401.000-009 17.98 M2 10-19-02-200-386.000-009 1.52 C1 10-19-02-200-364.000-009 1.17 IS 10-19-02-200-811.000-009 6.18 M2 10-19-02-200-387.000-009 14.56 M2 10-19-02-200-365.000-009 2.20 M2 10-19-02-200-366.000-009 0.09 M2 10-19-02-200-367.000-009 0.10 M2 10-19-02-200-368.000-009 0.92 M2 10-19-02-200-369.000-009 0.75 M2 10-19-02-200-418.000-009 0.83 M2 10-19-02-200-385.000-009 4.76 M2 Attachments 1. Letter of Intent 2. M2 District Intent 3. C1 District Intent 4. IS District Intent 5. C2 District Intent 6. Land Survey Page 5 of 14 PC -15-22: Nicklies Development Rezoning NICKLIES DE1'ELoP v1LNT ` n, /, Z'f Dear Mr. Corbin and Members of the City of Jeffersonville Planning Commission, It is with great pleasure and respect for your City that we request a zoning change for properties in order to position them for redevelopment. We anticipate following up the rezoning with a development plan and a list of uses and locations in concert with your rules and regulations for growth and development. Please accept this LETTER OF INTENT; to rezone 13 Parcels along East Tenth Street. Nicklies Development (hereinafter "Nicklies"), seeks to rezone 13 parcels of land containing approximately 81.375 acres, more or less, and as identified by the following Parcel Numbers, in the City of Jeffersonville, State of Indiana 47130: 1. Parcel # 10-19-02-200-419.000-009 (current zoning M2) 2. Parcel # 10-19-02-200-401.000-009 (current zoning M2) 3. Parcel # 10-19-02-200-386.000-009 (current zoning IS) 4. Parcel # 10-19-02-200-364.000-009 (current zoning C1) 5. Parcel # 10-19-02-200-811.000-009 (current zoning M2) 6. Parcel # 10-19-02-200-387.000-009 (current zoning M2) 7. Parcel # 10-19-02-200-365.000-009 (current zoning M2) 8. Parcel # 10-19-02-200-366.000-009 (current zoning M2) 9. Parcel # 10-19-02-200-367.000-009 (current zoning M2) 10. Parcel # 10-19-02-200-368.000-009 (current zoning M2) 11. Parcel # 10-19-02-200-369.000-009 (current zoning M2) 12. Parcel # 10-19-02-200-418.000-009 (current zoning M2) 13. Parcel # 10-19-02-200-385.000-009 (current zoning M2) from their existing zoning classification to a C2 District Classification (Medium to Large Scale Commercial) so that it may position these Parcels for development with the goal of bringing new business, tax dollars and conveniences to the City of Jeffersonville, IN. PROPERTY DESCRIPTION AND EXISTING ZONING CLASSIFICATION The subject properties are located on the Northwest side of East 10th Street between Candy Lane and a residential subdivision on the South end, in the City of Jeffersonville, Indiana. Each property is zoned as listed above, 1 through 13. Page 6 of 14 PC -15-22: Nicklies Development Rezoning APPLICANT The applicant is Nicklies Development, LLC. PROJECT DESCRIPTION Applicant intends to rezone the properties for future development. The anticipated development would contain commercial, office and residential components. Appropriate buffers will be placed between the development and the residential properties to the South and West as agreed upon by the Applicant and the City of Jeffersonville. Compliance with Applicable Local and State Rules and Regulations The requested rezoning and associated land use discussed herein are in compliance with the applicable Jeffersonville Zoning Code, and development policies contained within the Comprehensive Plan. The requested rezoning and proposed map amendment conform to State requirements as the proposed development can be found in agreement with the applicable guidelines and policies contain in the Comprehensive Plan. Furthermore, it has been determined that existing and future development efforts associated with the East -end Bridge and the City of Jeffersonville's robust redevelopment efforts are affecting the economic, physical, and social makeup of this area. Economic Growth and Sustainability The parcels chosen for rezoning will accommodate a development that will enable primary and secondary job creation in close proximity to existing social and economic infrastructures. To this end, the proposed development adheres to the policies designed to promulgate by the City of Jeffersonville. In addition to landowner input and Planning Department recommendations the following practices, ideas, and community benefits will be implemented. • The rezoning of the parcels will accommodate development that will help keep dollars in the community. • The rezoning will provide a conduit for development to share the tax burden for public facilities maintenance and neighborhood programs. • The future development of the parcels will attract new investment dollars adjacent to a major economic thoroughfare connecting Jeffersonville to the City of Louisville. • The future development will provide management level and entry-level positions. • The rezoning will assist in preserving existing standards of living over time. • The rezoning will provide shovel ready ground for new services and products not previously available in a timely manner to nearby citizens. • The rezoning will afford the City of Jeffersonville another opportunity to create a positive environment. Page 7 of 14 PC -15-22: Nicklies Development Rezoning Land Classifications Jeffersonville's Zoning Code provides that provisions regulating the C2 District should not overly restrict normal business practices and can be used adjacent to other zone districts if properly designed. The property proposed for rezoning will allow for development to locate on a site that will enable proper and direct access to a major arterial and where nuisances and activities of the future development will not adversely affect adjacent areas. In addition to Planning Department recommendations the following practices, ideas, and community benefits will be implemented. • The rezoning may enables residents and future employees to minimize vehicular miles traveled, as well as total travel time, in order to minimize air pollution and to conserve fuel. • The rezoning will increases opportunities for pedestrian and bicycling facilities, while providing a compact work place destination for area residents. • The properties proposed for rezoning are located to take advantage of the existing transportation system to complement the overall development of the area and minimize additional roadway construction. • The location hopes to encourage mixed uses to allow integration of residential, employment and commercial centers. • The properties proposed for rezoning are located where adequate access exists for employees and for product movement. • The Applicant has agreed to work with The City of Jeffersonville in its effort to create improvements to adjacent roadways. The proposed properties for rezoning are situated so that they will (1) enable proper stormwater handling and release management that will not adversely affect adjacent and downstream properties; (2) provide for necessary upgrades to area -wide water storage and distribution; (3) create opportunities for passive open space; (4) provide for utility installations with access to a major arterial roadway. The following practices, ideas, and community benefits will be implemented. • Future development will provide, as required, for the orderly expansion of water supply and sewerage systems within the community to meet the needs of current and future residents while taking into consideration the impacts of cost, public health, surrounding land use, and environmental impacts. • Future development will participate, as necessary, with the renovation and improvement of existing water supply and sewerage collection systems in the existing area, to provide for additional sanitary sewer capacity and reliability. • Future development will comply with all applicable local, state, and federal laws and regulations on water and sewerage planning collection, distribution and management. • Future development will meet the intent that full consideration is given to issues of orderly expansion of the City of Jeffersonville's land use and public health plans, as well as capital programming and jurisdictional water supply/water quality management. • The properties chosen for rezoning are located where water and sewer services exist and can be extended or upgraded systematically in concert with the availability of other public facilities and neighborhood needs. • Future development will make land available for public infrastructure, as necessary. Mr. Corbin and Commission Members thank you for the time you took to review this request and for the guidance provided throughout this process. Sincerely, NICKLIES DEVELOPMENT Jim Calvery, Vice President Page 9 of 14 PC -15-22: Nicklies Development Rezoning M2 District 3.11 M2 District Intent, Permitted Uses, and Special Exception Uses istrrct,Intent CjaJ.E ceptto " 3-12 Page 10 of 14 Jeffersonville Zoning Ordinance PC -15-22: Nicklies Development Rezoning "Cl" District 4.13 "C1" District Intent, Permitted Uses, and Special Exception Uses me 4-14 Page 11 of 14 Jeffersonville Zoning Ordinance PC -15-22: Nicklies Development Rezoning "IS" District 4.1 "IS" District Intent, Permitted Uses, and Special Exception Uses IstrrCejlient= rtititutioinal Uses) District; Ito vide a Jae rdn# anally: ned 411:01, 071--- 151n{a• _ pecial.izceptione 01s0; H 4-2 Page 12 of 14 Jeffersonville Zoning Ordinance PC -15-22: Nicklies Development Rezoning "C2" District 4.15 "C2" District Intent, Permitted Uses, and Special Exception Uses istrict Jnteit roti ,SCS SusIn luell b • satell kenneml (tori Comunis. sales /service. >rcial) '.- onlUtilities• • pybtic wells radio/TV station • telecommunication 4-16 Jeffersonville Zoning Ordinance :;„ an `alma e. 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MV waan,+tM M V+w.Wratrr 4nnrMu-w'�a PC -15-22: Nicklies Development 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.nct 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 THIRTEEN PROPERTIES ON EAST 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M2, IS, & Cl TO C2 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT THIRTEEN PROPERTIES ON EAST 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M2, IS, & C1 TO C2 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 Thirteen Properties on East 10th Street and fully described in Exhibit A from M2, IS & Cl to C2 -Medium to Large Scale Commercial. A public hearing will be held on July 20, 2015 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