Loading...
HomeMy WebLinkAbout2015-OR-55 ZONING CHANGE 801-805 SPRINGSTATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2015 -OR- JO AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 801 SPRING STREET AND 805 SPRING STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO DC Whereas, New Hope Services, Inc. filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 801 Spring Street and 805 Spring Street and fully described in the attached Exhibit A from C2: Medium to Large Scale General Commercial to DC: Downtown Commercial; and, Whereas, on September 29, 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 October 5, 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 801 Spring Street and 805 Spring Street and fully described in the attached Exhibit A is hereby changed from C2: Medium to Large Scale General Commercial to DC: Downtown 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 5 day of October 5, 2015. Common Council Of The City of Jeffersonville, Indiana r 4 Q Vicki Conlin City Clerk VOTED AGAINST: Lisa Gill, President Presented to me as Clerk to the Mayor of said City of Jeffersonville this 1 / /9 day of October, 2015. Vicki Conlin City Clerk This Ordinance approved and signed by me this - _( , • day 2015. Prepared by: Les Merkley Corporate Counsel Mike oore, Mayor STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF New Hope Services, Inc. TO REZONE A CERTAIN TRACT 801 Spring St. & 805 Spring St. FROM C2(Medium to large scale general commercial) to DC(Downtown Commercial) CERTIFICATION OF FAVORABLE RECOMMENDATION OF PROPOSED ORDINANCE Whereas, New Hope Services Inc. filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from C2 to DC ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on September 29, 2015 ; and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to favorably - recommend the proposed change of zoning designation of the Property to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on September 29, 2015 , the Jeffersonville Plan Commission •,,,,,,,rQ1,01r-v co m roev,c� S that the Jeffersonville Common Council enact by ordinance the broposed zoning designation change of the property from C2 to DC as requested in the petition of New Hope Services, Inc. So certified this29tnday of September , 2015 Chairman Exhibit A LEGAL DESCRIPTION Seventeen (17) feet off the North side of Lot No. Twelve (12), all of Lot No. Eleven (11) and Twenty - Three and one-fourth (23 '/4) feet off the South side of Lot No. Ten (10), all in Block No. Ninety -Two (92), in the City of Jeffersonville. Also, a 10' strip along the rear or west end of said property. LEGAL DESCRIPTION Being a part of Lot No. Twelve (12) in Block No. Ninety-two (92) in the City of Jeffersonville, bounded thus: Beginning at a point in the Southeast corner of said Lot No. Twelve (12); thence Westwardly along the south line of said lot, one hundred twenty-five (125) feet; thence at right angles Northwardly thirty (30) feet to a stake; thence at right angles Eastwardly and parallel with the South line of said lot, one hundred Twenty-five (125) feet to a point in the East line of said lot No. Twelve (12); thence with said line Southwardly, Thirty (30) feet to the place of beginning. :II STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: Petitioner: Location: Request: Council District: Hearing Date: PC -15-32 New Hope Services 801 & 805 Spring Street Rezone Two parcels from C2 (Medium to Large Scale General Commercial) to DC (Downtown Commercial) #1 (Mike Smith) September 29, 2015 Rezoning Request The applicant is requesting a zoning change for two properties located at 801 and 805 Spring Street. The properties are presently zoned C2 and the requested zoning is DC (Downtown Commercial). In 2014 the Plan Commission recommended the same change in zoning for an adjacent property: 835 Spring Street. New Hope Services intends to combine all three properties for a senior housing development. 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. Property Location The two parcels included in this request contain about 1/4 acre and have frontage on Spring Street. An alley divides the two properties and runs parallel to Ohio Avenue. The property located at 801 Spring Street is the North Star Lodge. The property located at 805 Spring Street is a car body shop. Page 1 of 11 PC -15-32: New Hope Rezoning Location of the Property Intersection of 10th & Spring Streets Falls Landing Redevelopment Area Figure 1: Vicinity Map for 801 & 805 Spring Street 801 & 805 Spring Street Vintage Fire Museum Page 2 of 11 Figure 2: Aerial of 801 & 805 Spring Street PC -15-32: New Hope Rezoning Figure 3: Zoning Map Zoning The current zoning of this property is C2. Smaller properties nearby on Spring Street are zoned 01 and south of 7th Street most commercial properties are zoned DC (Downtown Commercial). The neighboring 835 & 809 Spring Street was rezoned in October 2014 from C2 to DC. The residential lots to the west and south of the subject properties are zoned R3 (Old City Residential). The Commercial Corridor Overlay District affects all properties on Spring Street in this area. The DC district is the requested zoning and the ordinance provides the following intent for this zoning district (also shown in the attached document): "The DC District is intended to provide a land use category for normal commercial uses in the downtown. The provisions that regulate this land use district should make the district compatible with R3, M1, and M2 residential districts and OC and C1 commercial districts. The Plan Commission should strive to use this district only in the historic downtown area and its immediate surroundings...The Plan Commission and Board of Zoning Appeals should strive to minimize parking lots in front of or between buildings, rather, encouraging parking behind buildings and on the street." Page 3 of 11 PC -15-32: New Hope Rezoning Comprehensive Plan & Planning Districts This property falls within the Traditional Neighborhood planning district of the Comprehensive Plan. The plan provides the following guidance for this district: "This form is characterized by predominantly residential uses, by a grid pattern of streets with sidewalks and often including alleys. Residential Tots are predominantly narrow and often deep, but the neighborhood may contain sections of larger estate lots, and also sections of Tots 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...Although many existing traditional neighborhoods are fifty to one -hundred twenty years old, it is hoped that the Traditional Neighborhoods District will be revitalized under the new Comprehensive Plan. Revitalization and reinforcement of the district will require particular emphasis on preservation and renovation of existing buildings in stable neighborhoods (if the building design is consistent with the predominant building design in those neighborhoods), (b) the preservation of the existing grid pattern of streets and alleys, (c) preservation of public open spaces." NEYVMAN AV 835 & 809 Spring Street Downtown Historic District ✓/O///G Primary Gateway - 10th St. Primary Gateway - 14th St. Primary Gateway - 6th St. Primary Gateway - Court Ave. Primary Gateway - Eastern Blvd. Regional Marketplace Center Suburban Marketplace Suburban Neighborhood Suburban Workplace Traditional Marketplace Traditional Neighborhood Traditional Workplace Page 4 of 11 PC -15-32: New Hope Rezoning Attachments 1. Letter of Intent 2. C2 District Intent 3. DC District Intent 4. Proposed Site Plan Page 5 of 11 PC -15-32: New Hope Rezoning APPLICATION FOR REZONING OF NEW HOPE SERVICES, INC. LETTER OF INTENT New Hope Services, Inc. (hereinafter "NI -IS"), an Indiana not for profit corporation, seeks to rezone the property known as Industrial Nightmare from its existing classification C2 District Classification ((Medium to large Scale General Commercial) to a DC District Classification so that it may redevelop the property to a senior housing project offering some commercial amenities for the residents of the property and the public at large. NHS is currently under a Purchase Agreement for the subject property with North Star Lodge No. 3 F. & A.M., the current owner of the subject property. 1. PROPERTY DESCRIPTION AND EXISTING ZONING CLASSIFICATION The subject property is the property was recently operated and is now known as the "North Star Lodge #3" building situated to the west of Spring Street at northeast comer of 8°i Street and intersection of Spring Street. The property to the rear of the subject property (Le. on the west side of an alley between 8th and Spring Street) was recently rezoned to DC. The property to the south of the subject property is zoned a mix of Old City Residential and Small to Medium Scale Commercial. A majority of the property on the east side of Spring Street is zoned Small to Medium Scale. Commercial. 2. APPUCANT The applicant is New Hope Services, Inc., a not for profit corporation who intends to partially finance the acquisition and construction of the proposed project with grant or loan funds from the Indiana Housing and Community Development Authority (IHCDA). In the event the rezoning is approved and the property purchased, the Applicant intends to retain Myszak + Palmer Architecture+Development to do the design and engineering work associated with the rehabilitation. NHS has been providing the human services needs of people throughout Southern Indiana since 1959. Some of the many services provided by NHS include the following services for the elderly: COMPANIONSHIP SERVICES provide basic compassionate care and supervision for seniors who need prompting and reminders to complete instrumental activities of daily living or interaction with others throughout the day. This service assists a senior to remain living independently in their home and plan for activities in the Page 6 of 11 PC -15-32: New Hope Rezoning community. Companionship services are limited to the home and can include companionship, conversation, assistance with bills, caring for pets and plants, maintaining calendars, and various other activities. HOME CARE SERVICES expands on Companionship Services to include home care, medication reminders, housekeeping, and escorting to community activities. NURSING SERVICES are available to assist the with elderly's medical needs. Services include wellness cheeks such as taking blood pressure or blood sugar. Nursing services are also available to assist the elderly with doctor's appointments and can help to communicate doctor's recommendations and orders to family members. PERSONAL SERVICES provides assistance with activities of daily living to promote independence in self-care. Personal Services can include assistance with bathing, grooming, dressing, eating, mobility, and medication reminders. Additionally, NHS is the owner and operator of Willow Trace. a 36 unit senior living community on Spring Street in Jeffersonville, as well as Aberdeen Woods, a al unit senior living community near Allison Lane in Jeffersonville. It has the knowledge and experience to develop and operate the subject property in a first class condition. 3. PROJECT DESCRIPTION a. Type of Project. Applicant intends to develop the subject property along with the recently rezoned M. Fine Property as one project up to 47 residential dwelling units for seniors above 55 years of age. NHS hopes to include a commercial component on or near the first floor of the existing building to for purposes of enabling commercial tenants to operate businesses that will serve the residents of the subject property. The rezoning would enable NHS to raze the existing dilapidated building and enable the expansion of the existing M. Fine Building property to include additional parking and commercial uses. There is a severe shortage of affordable residential housing for seniors in Jeffersonvilleand the proposed project is (i) intended to address this shortage, and (ii) exactly the type of project envisioned by the recently enacted Jeffersonville Comprehensive Plan Amendment: Housing Element. Finally, the subject property is very close to the offices of NHS who am administer those services identified above.. b. Land Classifications. Jeffersonville's Zoning Code provides that the provisions that regulate the DC District should make the requested district compatible with the R3, MI and M2 residential districts, and the OC and Cl commercial districts. The purpose of this request is to enable NHS to match the zoning clarification of the existing M. Fine Building to enable additional Page 7 of 11 PC -15-32: New Hope Rezoning parking, beyond street parking. The DC District classification, together with a grant of variance allowing the use of the first floor of the existing building as residential, would allow the proposed use of the Property. The State of Indiana will not award NHS any funds unless the subject property is zoned to allow multi -family residential use. The subject property will be a part of the larger Fine redevelopment and those funds will likewise be used for construction on the subject property. Therefore, it is necessary to have the subject property rezoned prior to the submittal of any grant or loan applications to the state. While NHS intends to seek a variance; to enable the use of a portion of the first floor for multi -family residential, most of the property will be used for parking and other amenities. 4. REQUEST FOR APPROVAL. The requested zoning classifications would enable NHS to expand the redevelopment of the M. Fine building and Spring Street mnidor converted from a dilapidated commercial building into quality, affordable residential housing for seniors in an arca that is within walking distance to pharmacies, hospitals, museums, parks and other commercial businesses serving the elderly; all the while having being within close proximity to NHS which can provide a multitude of services needed by the elderly. The proposed project would likewise meet most, if not all, of the goals and objectives identified in the recently enacted Jeffersonville Comprehensive Plan Amendment: Housing Element. Page 8 of 11 PC -15-32: New Hope 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 Targe 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 Targe 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 "DC" District 4.9 "DC" District Intent, Permitted Uses, and Special Exception Uses District Intent The "DC" (Downtown/Old City Commercial) District is intended to provide a land use category for normal commercial uses in the downtown, The provisions that regulate this land use district should make the district compatible with the "R3," "M1" and "M2" residential districts, and "OC" and "Cl" commercial districts. Jeffersonville's Plan Commission should strive to use this district only in the historic downtown area and its immediate surroundings. Petitions in the "DC" district may be subject to the Historic District Ordinance and Historic Design Guidelines. The Plan Commission and Board of Zoning Appeals should strive to minimize parking Tots in front of or between buildings, rather, encouraging parking behind buildings and on the street. Permitted Uses Residential • dwelling, single-family (upper floors) •dwelling, two-family (upper floors) • dwelling, multi -family (upper floors) Business: Auto Sales/Services • auto part sales (new) Business: Food Sales/Service • bakery, retail • delicatessen • restaurant Business: General Business • print shop/copy center Business: Personal Service • barber/beauty shop •coin laundry •dry cleaning service • shoe repair •tailor/pressing shop Business: Office/Professional •architecture firm • bank/credit union •design services • consutting firm • insurance office • investment firm • planning firm • professional office • reading clinic • real estate office •secretarial service •service organization offices •temporary service agency •title company •travel agency Business: Recreation •video store Business: Retail • antique shop •apparel shop •art gallery •art and craft studio • consignment store •department store •fabric shop • flower shop •furniture store • gift shop • hardware store •jewelry store • music store • news dealer/bookstore (not adult entertainment) • office supplies Permitted Uses (cont.) Business: Retail (cont.) •resale store • shoe store • sporting goods store •variety store Miscellaneous • accessory uses Special Exception Uses Residential • bed and breakfast facility •boarding house (owner -occupied) Institutional/Public Facilities •church, temple or mosque •community center •government office • museum •police/fire station • post office • public park/recreation center • public/private parking area Business: Food Sales/Service •convenience store • farmers market Business: Office/Professional •drive-thru bank/credit union • drive-thru bank machine/ATM Business: Personal Service •drive-thru dry cleaning service Business: Recreation •bar/night club (not adult entertainment) • billiard/arcade room • dance/aerobics/gymnastics studio •karate studio •Iodge or private club •theater, indoor (not adult entertainment) Communication/Utilities •telecommunication facility Miscellaneous • home occupation #1 4-10 Page 10 of 11 Jeffersonville Zoning Ordinance PC -15-32: New Hope Rezoning mak�;Pt, Page 11 of 11 PC -15-32: New Hope Rezoning • EFFERSONVILLE 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 801 SPRING STREET AND 805 SPRING STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO DC NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 801 SPRING STREET AND 805 SPRING STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO DC 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 801 Spring Street and 805 Spring Street and fully described in Exhibit A from C2: Medium to Large Scale General Commercial to DC -Downtown Commercial. A public hearing will be held on October 5, 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. Les Merkley City Attorney Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 An equal opportunity employer.