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HomeMy WebLinkAboutAPRIL 18, 2016COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA APRIL 18, 2016 The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, 500 Quartermaster Court, Jeffersonville, Indiana at 7:00 pm, on Monday, April 18, 2016. Council President Owen along with City Clerk Conlin called the meeting to order at 7:00 pm. Mr. Campbell gave the Invocation and Council President Owen asked those in attendance to recite the Pledge of Allegiance. ROLL CALL: The roll call was conducted and those present were: Councilperson White, Councilperson Zastawny, Councilperson Jahn, Councilperson Maples, Councilperson Gill, Council President Owen, Councilperson Hawkins, Councilperson Rodriquez and Councilperson Samuel. MINUTES TO BE APPROVED: Minutes from the Council Regular Proceedings April 4, 2016 — Councilperson Gill made a motion to APPROVE the minutes from April 4, 2016 with Councilperson Jahn seconding, PASSING on a vote, 8-0-1. Councilperson Rodriquez abstained as he was not sworn in to office until April 15, 2016. APPROVAL OF THE AGENDA: Council President Owen said on the agenda there is a need to table numbers 1 and 3 under unfinished business. Number 1 we are tabling at the request of the Law Department and the Clerk as there may be a new way to do this. Council President Owen is asking to table number 3 based the pending litigation and currently working with the Town of Clarksville on a solution. Councilperson Samuel said based on the night's workshop he would make a recommendation to table numbers 2 and 3 under new business. Councilperson Samuel made a motion to APPROVE the agenda as amended with Councilperson Zastawny seconding. Councilperson White stated he would not be in favor and would not support tabling numbers 2 and 3 under new business. Council President Owen stated in order to amend the agenda there needed to be unanimous support. Councilperson Samuel rescinded his original motion and Councilperson Jahn made a motion to APPROVE the agenda as amended, only tabling numbers 1 and 3 under old business with Councilperson Gill seconding, PASSING on a vote, 9-0. CLAIMS TO BE APPROVED: The first claim on page 3 will be removed for $157.00 as it has already been paid. The new total is $2,349,536.29. Councilperson Gill made a motion to APPROVE the claims with Councilperson White seconding, PASSING on a vote, 9-0. REPORT OF THE CLERK: Moving forward, please do not touch the microphone at the podium. We have worked to get sound at an optimal level and moving the microphone disrupts the sound production. 1 AGENDA ITEMS: UNFINISHED BUSINESS: 1. Les Merkley — 2016 -OR -23 An Ordinance Establishing an Ordinance Violation Bureau (Passed on 1St reading 3/21/16, Passed on second reading 4/4/16) —TABLED 2. Les Merkley — 2016-R-5 A Resolution Of the Common Council of the City of Jeffersonville Approving the Order of the Jeffersonville Plan Commission (Tabled 4/4/16) — Councilperson Zastawny made a motion to TABLE 2016-R-5 and 2016-R-6 with Councilperson Samuel seconding. Councilperson White said knowing the obligations that the Council knows that they have, the Council should not intrude on the Executive Function. It is vitally important that the Council move and act on this. There will be some time before any funds are acquired and these two Resolutions deserve full recognition and he is not in favor of tabling 2016-R-5. Councilperson Samuel noted this is a 25 year decision. We have an opportunity to work with the School Corporation. Why we have that opportunity we should let them meet and after that make the decision. Waiting two weeks for something this major that has such drastic effects is not going to put anything behind schedule. Councilperson Gill said that she would be okay with tabling, however she wants to make sure that the meetings actually take place and someone will ensure that representatives from the school and Redevelopment meet. Councilperson Zastawny said he would be willing to help to facilitate that meeting. Redevelopment Director Rob Waiz said he wanted to make sure the meeting got set up as soon as possible and asked Councilperson Zastawny to set something up with Superintendent Rob Waiz. With the motion and second in place, the Council voted, passing to TABLE 2016-R-5 and 2016-R- 6 on a vote, 7-2 with Councilperson White and Councilperson Maples being against the motion. 3. Les Merkley- 2016-R-6 A Resolution of the Jeffersonville Common Council Regarding Approval of Expansion of Economic Development Area (Tabled 4/4/16) — TABLED (SEE ABOVE) 4. Heather Metcalf - PUBLIC HEARING 2016 -OR -25 An Ordinance of Additional Appropriation (Passed on 1St and 2' reading 4/4/16) — City Controller Heather Metcalf presented 2016 -OR -25. This has not changed from the last meeting. Council President Owen opened the Public Hearing at 7:12 PM and as no members of the Community came forward to speak for or against, closed the Public Hearing. Councilperson Gill made a motion to APPROVE 2016 -OR -25 on the third and final reading, with Councilperson Zastawny seconding, PASSING on a vote, 9-0. NEW BUSINESS: 1. Les Merkley — 2016-R-8 Resolution Approving the Statement of Benefits for Proposed Real Property and Personal Property Tax Abatement for POSCO-AAPC, LLC — City Attorney Les Merkley introduced 2016-R-8. POSCO-AAPC, LLC is going to the Port. This Abatement comes from a favorable recommendation from the Redevelopment Commission. Mr. Merkley introduced Mr. Matt Hall from One Southern Indiana to discuss the company and the request. Mr. Hall introduced the company, POSCO as the 6th largest steel producer in the world. They will be producing wire rod for the automotive industry. There is going to be an initial investment of 19 + million dollars. The average wage will be $30.10/hour excluding benefit 2 packages. Mr. Hall stated this is a great gain for Jeffersonville and this is the type of company that One Southern Indiana works hard to get to come to the area. Councilperson Hawkins asked how many employees will added. There will be 60 employees in this plant with the Average at $30.10/hour. Councilperson Gill made a motion to APPROVE 2016-R-8 with Councilperson Zastawny seconding, PASSING on a vote, 9-0. 2. Rob Waiz - Approval of Recommendation for Revolving Loan for Maker 13 — Redevelopment Director Rob Waiz introduced the request for the Approval for a Revolving Loan for Makerl3 in the amount of $50,000. This will be used for building improvements. The company has $130,000 raised in community investments as well as an additional loan from First Savings Bank in the amount of $185,000 for tool purchases. The owners are also bringing $50,000 of their own money into the company. As a reminder this will be a community building that has different trade tools and offers classes on how to use the tools and then the community will be able to come and use them as needed. There will be a full metal shop and wood shop. Councilperson Gill stated she has verified that everything was in order on the loan application. Councilperson Samuel made a motion to APPROVE the Revolving Loan Request for Makerl3 with Councilperson Rodriquez seconding, PASSING on a vote, 9-0. 3. Greg Fifer — 2016 -OR- - An Ordinance Approving an Interlocal Agreement with the Town of Clarksville, Indiana (Interlocal Agreement Exhibit A) —Tabled 4. Les Merkley — Public Hearing — 2016 -OR -26 An Ordinance Changing Rezoning Map Designation of 1611 E. Tenth Street (Greater Clark County Schools) — Mr. Les Merkley presented both 2016 -OR -26 AND 2016 -OR -27 and asked that they be combined as they are concerning the same issue and applicant. This comes with an unfavorable recommendation from the Planning and Zoning Commission. Mr. Alan Applegate represented Greater Clark County School Corporation in the Applications for Rezoning 1611 and 1620 E. 10th Street. Mr. Applegate presented information that he believes proves that GCCS does not need to have the property rezoned in order to move forward with purchase and using the property as a bus compound, however GCCS wants to do this how they see it as the correct way. PLEASE SEE MR. APPLEGATE'S PRESENTATION (ATTACHED TO MINUTES) FOR FULL DETAILS. Tim Bemiller — 3025 Clearstream Way — Mr. Bemiller is a current drive and where the buses are kept has been outgrown. The facility is too small and the drivers have to park a block down and walk back to the bus compound. The drivers keep the buses very clean. The buses are used to travel to and from school functions and sometimes they travel great distances. Because of that it is important that the buses are maintained properly. Jeffersonville is going to grow leaps and bounds and there is going to be an influx of people. The drivers want to work within the City where the residents won't even know they are there. Mr. Bemiller is a State trainer (for bus driving) and this move would give him the opportunity to have a classroom and not just training new drivers in the parking lot. Dave Rarick — 5010 Cooks Creek Lane Sellersburg, IN 47172 — People are saying that the current compound has been neglected over the years but in reality, they are just running out of space. The vote comes down to what is best for students. Students deserve to have maintained buses 3 that are safe. Any realtor will tell you that schools are the hub of a great community. Schools and parents need reliable, safe transportation for their children. Ken Watson — 31 Wildwood Rd. Jeffersonville, IN 47130 — Mr. Watson said that the compound cannot keep functioning its day to day operations where it is located now. The Auction is a move in ready site and they could move in today if needed. They will not find another location that offers that option. The Presbyterian Foundation has given them permission to park there but that hinders the safety of the drivers. People come up and ask for money when the drivers are waking to the Compound. Currently the Cooperation cannot hold a conference with all of the drivers and monitors at one time. Only 64 buses will be leaving the Compound and with the traffic trigger light the impact would be minimal to Tenth Street traffic. Tom Dykle — 3807 Murfield Dr. - Mr. Dykle is currently the Chief Financial Advisor for the School Corporation. It would cost about 5.7 million to build a new compound. This option is going to cost between 3.5 and 3.7 million. Since 2009 Greater Clark County Schools has lost 11.9 million dollars because of TIFs. Mark Pavey — 8617 Falcon Rd. Charlestown, IN — Mr. Pavey is currently serving on Greater Clarks Board of Trustees. This purchase will provide a much needed upgrade to the people who work there. Either case Greater Clark is prepared to move forward. Mr. Pavey truly believes that both sides of this debate has the same goal in mind and that is to make the best decisions for the children and the residents of Jeffersonville. Andy Melin — 2015 St. Andrews Rd. Jeffersonville, IN — Mr. Melin stated the bus compound will provide safe transportation to the children of the community. Greater Clark is planning on improving the site and enhances it compared to what it is now. Also please keep in mind that the buses only run 180 days a year. The school system is a major draw for many people looking to move to Jeffersonville. We don't want to be a place where people choose to work, but choose to live elsewhere. We want people to move to Jeffersonville. Drawing residents into moving to Jeffersonville will draw employers to move to Jeffersonville as well. Also would like to say that in working with the Fetters they are wonderful to work with. They are good neighbors for both residents and businesses. Public Hearing — Council President Owen opened the Public Hearing at 8:03 P.M. Stacie Pasley — 1030 Thomas V Bryant Dr. — Ms. Pasley lives across the street from the current facility. The presenters are right, it's not safe, people do ask you for money and nothing around there is safe. If they are trying to help the children by being in a better place she is all for it and supports the rezoning and the move. However, please do not forget this neighborhood. Stacie Thompson — 1220 Spruce Dr. Jeffersonville, IN — Ms. Thompson is in support of the rezoning request. She is a resident as well as a business owner in Jeffersonville. The employees that transport our children should have an adequate work space and this provides that. The stop light on Tenth Street will provided added safety. The drivers will be traveling that area 4 times a day and in turn that will help support other local businesses and it is important to realize that it is vital to have something in a lot compared to having a vacant lot. 4 Bill Hawkins — 404 Bell St. Bethlehem, IN — GCCS says that they are going to do XYZ but when budgets come back and they don't have the money to do it all, they promises they made will not be followed through. GCCS just spent around 4 million dollars on radio stations. If the bus compound was such a necessity, why wasn't it prioritized before the radio station. Why isn't GCCS spending strategically? Mr. Hawkins is not in support of the rezoning change. Janet Crum — 421 Knobloch Ave Jeffersonville, IN — Ms. Crum is a retired contract specialist. She does not believe it is fair as a watcher of the funds that GCCS is splitting this project into two phases so it does not have to be voted on with a Referendum. As of now, on Wednesday nights when the Clark County Auto Auctions are going on and there is a high volume of traffic the Jeffersonville Police Department is present to help assist with the traffic flow. The location of the depot could be anywhere that would make more sense. The maintenance of the buses are what affects the safety of the children and proper maintenance can be obtained anywhere, not just at this particular site. Mike Moore — 803 E. Court Ave Jeffersonville, IN —Jeffersonville is a good place for our kids. Every time GCCS has asked for help the City has stepped forward and met those needs. In the last 12 months the City of Jeffersonville has spent over 1.8 million. The community has spoken, the Police have spoken, and business owners have spoken that this is not the right use for this property. There is 18 million dollars being spent to revitalize Jeffersonville and we are offering incentives to get retailers to move here. Let's not use this space for 32000 cars to pass by a bus compound every day. They are not just cars, there are customers driving those cars. David Strong -1623 E. 10`h St. Jeffersonville, IN —This area is a commerce destination, not a corridor. Placing a school bus hub at the center of a retail hub does not make sense. This will stifle business opportunities. Jim Davis — 1547 Plank Rd. Jeffersonville, IN — Mr. Davis has lived on Plank Rd. since 1962. He has had to deal with the Auto Auction being there. The landscaping that GCCS presents looks great, but the diesel fuels will kill that landscaping off. Mr. Davis is not opposed to having the children be safe, but he asks for a fairness to the people that live there and they want to be considered as well. Additionally he has heard that a lot of the people that are in support of this work for the school system. Pat Barrow —1800 Dutch Ln. Jeffersonville, IN — Ms. Barrow owns the property next to the Auction. This is going to hurt a lot of chances of getting business and retail to come in. Public Hearing closed at 8:54 PM. Councilperson Samuel made a motion to APPROVE 2016 -OR -26 with Councilperson Zastawny seconding. Councilperson Maples noted for the record he will be abstaining. He found it very unprofessional to receive a letter from the attorneys representing GCCS encouraging him and Councilperson Hawkins to go against the recommendation of their Council in abstaining due to conflicts of interest. 5 Councilperson Gill asked Council Attorney Lewis if she votes against this (voicing the desire of her constituents) does that mean she is inviting a law suit against the City. Mr. Lewis stated that at any time for any reason a law suit could being brought against the City and fear of that is not reason to vote for or against a matter. Councilperson Samuel stated he received more contacts stating that people would like to see something positive go there as opposed to a vacant lot. This is a good opportunity to partner with the school system and that is why he is supporting the change. Councilperson Zastawny stated he received calls both for and against the change, but that did not influence his decision. He is looking at the facts and making what he thinks is the best decision for the City. The use it is being purchased for is not much different than what it is being used for now. Councilperson Gill noted that this property was never put up for sale officially so the Council does not know the potential of other interested parties. Councilperson Rodriquez noted that if GCCS leased the property they would not have to make any improvements to the design or landscaping. Councilperson Hawkins said that these are the types of decisions he wanted to be a part of when he ran for Council, however he will not be voting on this matter due to a conflict of interest. Council President Owen says it is not fair to say that nothing is coming to 10th Street because even putting the 18 million dollar revitalization project to the side, this is going to be a retail corridor. And while there are properties classified as Institutional they are not in the middle of the retail corridor. Councilperson Jahn said she was one of the Council Members who toured the existing facility. It isn't meeting the needs of Greater Clark and they are going to move forward either way. Everyone is considering the safety of the children, but we also need to decide if this is what is best for the entire City. Council President Owen stated he too met at the current facility and while he was there he was asked what GCCS could do to gain approval. Council President Owen stated that none of his recommendations were noted in the presented plan. Councilperson White stated he does not believe this is about the safety of the children. The children are not going to be on the buses there, and they Mayor even offered suggestions for other possible locations. This isn't about the use or the parties involved. This is about how the City wants a parcel to be used that is in the middle of the City. With that the Council voted, Council President Owen asked for a roll call. Councilperson White — No Councilperson Zastawny — Yes Councilperson Jahn — No Councilperson Maples — Abstain 6 Councilperson Gill — No Council President Owen — No Councilperson Hawkins — Abstain Councilperson Samuel — Yes Councilperson Rodriquez — Yes 2016 -OR -26 did not pass on a vote, 3-4-2. 5. Les Merkley — Public Hearing — 2016 -OR -27 An Ordinance Changing Rezoning Map Designation of 1620 E. Tenth Street (Greater Clark County Schools) (SEE ABOVE 2016 -OR -26). Council President Owen asked for a roll call. Councilperson White — No Councilperson Zastawny — Yes Councilperson Jahn — No Councilperson Maples — Abstain Councilperson Gill — No Council President Owen — No Councilperson Hawkins — Abstain Councilperson Samuel — Yes Councilperson Rodriquez — Yes 2016 -OR -27 did not pass on a vote, 3-4-2. 6. Heather Metcalf— 2016 -OR -28 An Ordinance of Additional Appropriation (Public Hearing May 2, 2016). City Controller Heather Metcalf presented 2016 -OR -28. This covers the changes that were approved on the Salary Ordinance, Social Security and INPRS, and then the contribution for Jeffersonville High School Theater Fringe Festival. Councilperson Gill made a motion to APPROVE 2016 -OR -28 on the first and second reading with Councilperson White seconding, PASSING on a vote, 9-0. City Council Attorney Report: Nothing at this time Department Head Reports: No Department Heads came forward to speak. Public Comment: Paul Duckworth — 1724 Nole Dr. Jeffersonville, IN 47143 — CCSA — Clark County Soccer Association had their opening weekend. There were 850 kids out playing. There are teams from out of town and this weekend alone there were 1300 people playing soccer. Thank you for the awesome facility. Council Comment: Councilperson White — Nothing at this time. Councilperson Zastawny — Nothing at this time. Councilperson Jahn — Nothing at this time. Councilperson Maples — Nothing at this time. 7 Councilperson Gill — There was a lot of water this past weekend due to a water line break. We have to hold the utility companies responsible for the maintenance of their lines and the work that they do or we are going to have collapsing streets and problems with our infrastructure. Thank you to the Street Department and Police Department for responding to the emergency situation and ensuring everyone remained safe. Councilperson Hawkins — Nothing at this time. Councilperson Samuel — About 3 years ago the Council had a declaratory resolution for some of the actions from the Mayor and the Redevelopment Commission and with the museums and leases and we have released the museums from the declaratory resolution. Mr. Samuel has been in contact with Mr. Lewis to make sure this is handled the right way (reversing the resolution) so there is no issues with litigations moving forward. Councilperson Rodriquez — Mr. Rodriquez said is glad to be there. How do we proceed with things that Mr. Webb voted on? Mr. Lewis said that he voted on those while he was sworn into office and they remain in standing. Council President Owen — Nothing at this time. Adjournment: Councilperson Gill made a motion to ADJORN at 9:11 PM with Councilperson Hawkins seconding. APPROVED BY: Matt ATTEST: 14dA Vicki Conlin, Clerk e ,11 en, Presi•ent 8 Greater Clark County School Corporation Applications for Rezoning (PC -16-21 and PC -16-22) and 1611 & 1620 E. 10th St et, Jeffersonville, IN 47130 Presented by: Alan M. Applegate 4/18/2016 Q onotitution of Inbiana article 8, §1. "Knowledge and learning, generally diffused throughout a community, being essential to the preservation of free government; it shall be the duty of the General Assembly to encourage, by all suitable means, moral, intellectual scientific, and agricultural improvement ..." "Traffic Safety, particularly for children, is a matter of general public concern and far outweighs the private interest involved in a quiet neighborhood." Indiana Supreme Court (1961) (emphasis added) 4/18/2016 1 OPPOSITION TACTICS (Prehearing) January 18, 2016 - We became aware that Planning Department filed for a Moratorium preventing rezoning applications. January 25, 2016 - Even though we emailed the application to Jeffersonville on January 22, 2015 (30 days in advance of the February Plan Commission meeting because City offices closed early that day due to snow), the City refused to schedule the hearing on the application until the March meeting. January 27, 2016 - The Plan Commission Director insists that GCCSC has to file fora Use Variance for the storage of trucks. This resulted in GCCSC having to appeal the plan director's position. January 29, 2016 - Plan Commission Counsel; admonished me for communicating with City Council members regarding the Moratorium without notifying the Plan Director. January 29, 2016 - Plan Commission Members are advised that they cannot speak to the applicant or the property owner. January 29, 2016 - GCCSC receives a notice of violation of its existing transportation center. February 2, 2016 - The Planning and Zoning Facebook page includes the fallowing post. February 3, 2016 (Approximately) - An anonymous complaint is filed with the Indiana Office of Health and Safety, complaining of the condition of the existing transportation center. March 4, 2016 - Mayor calls impromptu news conference with WDRB. March 8, 2016 - Nathan Pruitt writes a Guest Article in the Evening News. March 8, 2016 - A 2n° newscast is generated with WDRB March 9, 2016 - The City sponsors a you -Tube Video opposing the application and posts it to the City's Facebook Page. March 10, 2016 - The City sends GCCSC a 2ntl notice of violation regarding sign at Bridgepoint Elementary. March 16, 2016 - Nathan Pruitt Facebook Post perpetuating 189 bus count. 4/13.2016 Plan Commission Hearing Objections Plan Director allowed to give a presentation regarding rezoning after closure of Applicant's Presentation and Public Comment Issue • Presentation included legal analysis • No opportunity to rebut any portion of presentation • Included site plans of subject property which ignored existing features • Included pictures of existing Transportation Facility 4/18/2016 4 Effect • Selectively interpreted Comp. Plan upon which Comm. Members relied • Violation of Due Process • City has no ownership interest in the land Summarily concluded that GCCSC would maintain new facility in similar condition upon which Plan Comm. member relied 4/18/2016 2 Notice trucks in the right-of-way 4/18/2016 3 Existing Zoninjg District Classification - C-2 1611 10th - Special Exception for Auto Sales (open air -limited services) (BZA-12- 1620 10th - Auto Sales (open air -no services) allows vehicle storage (BZA-12-30. Existing variances (PC -05-29 and PC -12-23) I-,ese transfer with the propertyand survive any rezoning: Fence height - 8 feet around perimeter (PC -05-29 and PC -12-23) No landscaping requirement along public street, along side setback areas Maximum Lot Coverage Exceeds 70% impervious • No Central Feature or Community Space Required on 1620 10th property The Property also has an.11,000 square foot building that is approximately 10 years old. This building is designed for auto related usage; not marketplace usage. *This building is going to remain on the property and is going to be used for motor vehicle repair, service or sales. 4/18/2016 4 4/18/2016 Authorized Uses in C-2 District "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," "Mt" 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 Permitted Gs Institutional/Public Facilities • hospital Business- Auto Sales/SCrvices •auto body repair shop 11 •auto pans store • auto repair shop • auto sales (open air, with showroom. full service mechanical with o without body shop) •auto service (bre or muffler shop) Business: Food Sales/Service •convenience store (with gas pumps) -driven restaurant •grocery/superrnarket. • restaurant Business: General Business 9 • home electron appliance store •jewelry store • liquor sales • music store • nem dealer/bookstore (not adult entertainment) • office supplies • paint store Perm ttted Uses • plumbing supplies • sporting goods store • variety store Miscellaneous ccessory use Definitions from Zoning Ordinance • Auto Body Repair Shop; Any building or premesis [sic] for the major — or minor repair or rebuilding of body, frame, or paint. This does not include those services typically performed by mechanical repair shops, except minor mechanical repairs will be allowed if done in conjunction with body repair. • Auto Repair Shop: Any building or premesis [sic] for major or minor repair or rebuilding of electronic systems or mechanical drivelines of motor vehicles, both private and commercial... • Auto Repair, Major: Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame, or fender straightening or repair; and overall painting of vehicles. • Motor Vehicle: Any passenger vehicle, truck, tractor, tractor -trailer, — truck -trailer; trailer, boat, recreational vehicle, semi -trailer, or any other vehicle propelled or drawn by mechanical power. • Accessory Uses: Not Defined in Zoning Ordinance: Accessory Use has been defined as a subordinate use, customarily incident to the -- principal principal use, and so necessary or commonly to be expected in conjunction therewith that it cannot be supposed that an ordinance was intended to prevent it. Am. Jur. 2d, Zoning and Planning, Sec. 156. 4/18/2016 10 GCCSC repairs its buses and vehicles GCCSC makes major and minor repairs of its buses and vehicles School buses are Motor Vehicles i.e. parking 4/18/2016 5 • Construction of a zoning ordinance is a question of law. Flying J., Inc. v City of New Haven, BZA 855 N. E.2d 1035 (Ind.Ct.App.2006) • Courts construe a zoning ordinance against the municipality and in favor the free use of land and will not extend restrictions by implication. Id. 12 Conclusion 4/18/2016 Greater Clark County School Corporation can use the existing site without rezoning to IS District Classification 12 4/18/2016 6 Planning Director Statement at Plan Commission Meeting "The proposed use itself is a heavy intensive use. " "Planners generally discourage heavy uses in depressed areas." Nathan Pruitt - March 22, 2016 4/16/2016 13 Maxey v Board of Zoning Appeals, City of Valparaiso 480 N.E.2d 589 (Ind.Ct.App.1985) Owners purchased property previously used by school as bus maintenance and storage facility and intended to use the property in "much the same way" as the school. Owners appealed the BZA's refusal to grant a zoning variance authorizing the use. The Third District Court of Appeals held: 1. Bus maintenance and storage facility is an accessory use of a school use. 2. There is a critical distinction between the "public, bus barn" use and Owner's commercial use. Id. at 596. • "the comings and goings of the public, seeking vehicle and engine repairs year 'round at a commercial establishment differs significantly from the maintenance and operation of school buses by regular employees during part of the year." Id. • Owner's operation of a commercial motor vehicle repair shop was more intrusive to the surrounding residential neighborhood than the school's public purpose use as a bus maintenance and storage facility. Id. 4/18/2016 14 4/18/2016 7 4/18/2016 (IS,/2016 "IS" District 4.1 "15" District Intent, Permitted District intent The "151 (Institutional Uses) District is intended to provide a land use category for Institutionally owned lands, including state, county, and city facilities, The 15 district 15 also Intended for social selvlte oriented uses: and similar nonprofit quasi -public instlMlons where the use Is for public purpose and is anticipated to remain so permanently. The Plan Commission and Board of Zoning Appeals should encourage instltubonal structures and uses to set a standard for development throughout the pia nn ing jurisdiction. Use nd Special Exception Uses Permitted Uses InstibnionabPublic Facilities • community center •church, temple or mosque •government building •government office •library • museum • polkdfire station •post office • pubfdprrvate parking area •school •trade or business school Business: General Business • funeral horse or mortuary Special Fxceptinn Uses Residential • child care institution (children's home) • nursing home • residential facility for the developmentally disabled (large) • residential facility for the mentaly it Institutional/Public Facilities •cemetery orcrematorium • drug/alcohol rehabilitation clink 'hospital • public park/recreation center • recycling collection point Business: General Business •airport •helloed or heliport • light ail station • motor -bus station •railroad station Com m unicationlUtldties • pubic well • sewage treatment plant • telecommunication faciity •telephone exchange • utility substation 15 8 4/18/2016 9 ORIGINAL 10TH STREET RIGHT-OF-WAY NEW RIGHT-OF-WAY AFTERWIDENING O I'-O"WIDENING) LINE OF FIRST BUS PARKING - 60' FROM NEW RIGHT-OF-WAY S. ] 1' FROM ROADWAY. 1. Comprehensive Flan 2. Current condition and character of structures and uses in each district 3. Most desirable use for which the land in each district is adapted 4. The conservation of values through 5. Responsible 'Develo pent and grana 2035 4/18/2016 -_.... 20 4/18/2016 10 Comprehensive Plan A comprehensive plan is a community's Tong -range vision for physical development, but implementing the plan as regards to a given piece of real estate may not be the best course of action for the community on a given day. A comprehensive plan is "a guide to community development rather than an instrument of land -use control." Ogden v. Premier Properties, USA, Inc., 755 N.E.2d 661, 671 (Ind.Ct.App.2001). (emphasis added) 4/10/2016 4/18/2016 Lig4lndustnal Single Family Re,0en0al • Mlil4Fanuy Resioen0a1 - Palled -Use - Hea, mcb smell - Commercial - Business PaMTntbs,sl '^ City Llmes FUTURE LAND USE JEFFERSONVILLE Future land Use ammumminst 22 4/18/2016 11 4/18/201 Mixed Use •This use blends a combination of residential, commercial, cultural, , or industrial uses, or allows solely commercial uses. It can be one building, an urban, suburban, or village development. The blend should be physically integrated and functionally relater to create a center or community. This use typically creates a greater variety in housing, reduced distances between housing, workplaces and amenities, more compact development, stronger neighborhood character, Traditional Marketplace Corridor Markeiorace corridors play an important role In provldthg the shopping needs of a conittlunity. Traditional Marketplace Corridors ale along maior roadways where the pattern of development is dfstingoiehed by a modem of tow to medium intensity uses Such as neighborhood -serving shops, smallspecialtyshops, restaurants, 404154040884. . 'he teieS m Tiaditlonat &larketpiace Corridors fired iently have apartments or offices on the second story. 6uitdings generally have little or nosetback, roughly uniform heights and a compatible building style- .. New development and There should also be a connected Street and alley system. New development should maintain the existing grid pattern and typtcal block size with parking provided either on -street or inlots at the rear of buildings. Flexible and shared parking arrangements are encouraged and eets capable of permitting parking on the street is usually desirable 51,1554.55,555515,54-5555.1..595. A premium should be placed on the compatibility of scale, architectural style, and buildingmaterials of anv proposed developments with nearby existing development on the corridor 4/18/2016 12 iyxwlY.or+ This land use is intended to show the locations of institutions that are educational, religious, public and semi-public or governmental in nature. schools,,. churches, hospitals, government buildings, fire stations, cemeteries, and wastewater treatment facilities would be considered public or semi-public and it occupies a very small percentage of the developed land in the study area. 4/18/2016 13 Commu.M F al..end Ulla • y.,m....um..w. F.1... m... A e i..._, a.+lh.,.wmmr n., w.,.. Community Facilities and Utilities (pg. 20) CF 4. Continua to expand upon the cooperative relationship that exists between the Parks Board and the Greater Clark School Corporation. CE -9. Provide a quality education to all children in the area, and provide education facilities that are located to their extended service population. CF -11. Locate institutions and government facilities with uses of adjacent property. and compatibility with Economic Developmen + wr • ED-3.Facilitate relationships between the business community and the primary and secondary education systems, both public and private. a/ttir7O 6 27 Current condition and character of structures and uses in each district Many of the curretstructures and uses in the 10th street corridor between Nahand Lane and Springdale Drive are vacant. The `c v fist: i iimperty is in better physical condition than many others in the vicinity. The institutional classification is less intensive than C-2 Authorized uses and in keeping with the mixed use concept Replacing the 11'1' Street facility with the subject facility would improve overall condition of, structures in the district 4/18/2016 14 STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number. PC -12-20 2218 E. 10° Street Cay or Jeffersonville Rezoning to parcels totaling 8.84 acres from C2 to IS Hearing Date. August 29, 2012 Rezoning Request: The applicant is requesting a change of zoning for two parcels totaling 8.84 acres parcels coned 02 to IS located at 2218 E. 10Y' Street The site is currently vacant and was most recently used as an auto repair business. The proposed use of Ne site Is fora new city Police station which Is only permitted in IS zoning districts. ZcnInq Change Frees/duns The Jeffersonolle Zoning Ordinance and Indiana State Statute IC 367-4 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 rft0si desirable use for which the land in each district is adapted • The conservation of property values throughout the jurisdiction. • Responsible development and growth. Comprehensive Plan The Jeffersonville Comprehensive Plan ash relates to this development plan is as follows: The Jeffersonville Comprehensive Plan's Future Land Use Map identities this property with a future land use of Commercial, and it is in the Suburban Marketplace Planning District Development in the Suburban Marketplace Comdor is encouraged to haw' • "Accommodations for transit users bicyclists and oedestrians' • -Connectivity to nearby uses' • 'D u Ion new commercial development in compact groups of 4ulIDnos which use! he same curb cut, share oarkinohave a common treestaMina sion identdvinn Me 0005 and have a common Pepe 1 of] PC.12-20. Rezoning 2216 E. m Street 4/18/2016 29 buffering or streetscape plan with respect to any abutting uses of lower density or intensity.' Commercial Corridor Overly District Intent 'The general intent is to promote commercial development that is compatible with as surrounding ares and to minimize the negative impacts caused by stip commercial de0elepment. The Plan Commission should strive to minimize sign clutter. lighting, negative visual impacts and proliferation of access points. In addition, the Plan Commission should strive to strengthen the quality of life through design that contributes to the unique character of Jeffersonville.' Current Conditions and Character These parcels and the surrounding area have mix of commercial. multifamily, mobile home, and institutional uses including an adjacent city fire station. Permitted Uses of the Property The requested zoning change from C2 to 15 wi8 significantly change the character of uses permitted on the site. C2 uses are characterized as medium to high intensity commercial activities while IS uses are primarily for institutional or public facilities. Staff believes the z., ing change request is consistent with the current character and future land uses c,;•osed for this area. Attachments 1. Zoning Map 2. Aerial Photo 3. Survey of 0.98 acre parcel 4. Survey of 7.68 acre parcel Page 2 of 3 PC -12.20. Rezoning 2210 E. 10" Street es able use for' which the land in each district is adapted it-nrelativeelyfetatl-parcels lei 10 d fi F`e naf f ale t r � ]t. � frtiorc71 _. 7.1V mrnunitl (pa • Requests portion oft u nn thou._ 11 d ren to • Many usesrn area are automotive 'in'natu • No use similar to that encompassed by Com r, has occurred recently in the area at issuer • Proposed use is less intrusive than Authorized Uses n iv Plant,-$ 4/18/2016 15 Che conservation of values throughout the jurisdiction Mayor called the area, commission has; done' c # redeve€ap int''.. lndiana•Supreme Court has held that the general public interest} the moral and intellectual edueatron of the.yaungfar outiiVelg is the.private interest affected by aniy depreciation in neighboring property values. Exiting bus and transportation staff would frequent businesses in the area for lunch or after -work shopping or dining. Seven (7) Adjoining Business Neighbors in Favor Cear Ferran dO sa<.t a Gre.t hp.Iver a bark dee. <, the undersign. properlyua. oeMaim Auction rile were karat heoppow ler Clan oohs :nee bre compound try the and planning and Zoning Gbecter. es nearby eloper, owners, we would welcome. huemmrund m the area. which wwb be a much better•hrermdve co another rum ay.., tube nod ten veers. Yes, nen waked be dateaol bums entering are alar, the roaeeve Wreak of Mees a dal et Ike Shan Gree kat lame Week warm., tone NM alk.seew' Mata mar, where there M no welkin ache astia. Moe r Nee busses travel le Shea+break a. see.. bus compound a pmt or, adv Street near CM Mall. roma rMceewpole ver sr no male, Nevem well Menet see versus the old ate. ile to revenue Ivo M another issue the lel Isnot rink an ire. Tb Ws compound eaMctodar eke ern verrtrlek Wien the Ws canker. relocates. a aver nay no amu, ravel r mirex where Ft ra4ate. rna proposed new see Coes bevel°. Street frontage and dnes have HON..* value now, helm: a n Moa matter of degree than a real oas&revenueno properly axes will he paid never ever Mbates n Greater Clara rowed to rrdee Wel wine rem ere and Wild a taeur new Nary torr acerin, the, eel yscene mon on Cue one than they wank! by Weary r externa lately w. is already dayned end burn. The erre bergs Frey aro/arena to aid tiara approach,.. potential loom revenue may be even greeter at amtkrleak. delis °roper, remains vxantMena len veers Mee.tinr looen:1 .nm. occupant the assessed value well,. dealt. a creme: ire asses,. wart. anbare arrven to a degree. Westgate. Mat the lames and were shoal have consulted the Fecal panMM aulbrev a also another non hula. Das is rnew planned aevebrnent sa...eddyNwrd a e oan meow/eve Industry use. anal Me pompe. new me u very Amber to the aver use. rival h what makes It se aun<ove m Greater Clare Utoolk they anwered the ere e would require muck. in capital Improvements. net a raweed parr where rt would ke beware for Ow devabpencame with the experts before devebpathe aland land. ilia ra 4 already rebpm' her an sue mmnve rec. . kvhy dk tar. mruktt I.t necessary as denrerate Greater Clark Satwola over a rnuramnu prwkaat M old anhM mu ancalve allover Men" and see eumpaa w dewed maintenance, rob. even r a yew d,/ owned ',Mertes. Perhaps Ne school Oise. hen bre pinned to replace M)kdrite end thWereee n was MOT ro spend public funds on artoPerver eve we a rob., OW her trek upnations illere are several properlres CV, site t Mkt lam Where matenarce mostly due W the lye vacancy rates in ere an. aproperlyto remain vacant wale Me city looker. • pedent aam man upebred e ne sense it wellke. kale a luMcv pnarM value engem In to wee Wale you meter mate oak argument th Greater car, ekds nous hoe out. the bet ktmats olck commurele Cent Covmy Auto certainly hall awry nelnto root ore. Ore. bee Imre,. you mold make Me urse the Greeter Clark knurl a balenog our Ir the ben hmevefu of ala mmrt urny be hyrK le knewrt e ore that wended a ter needs, in an excels. lock hen /or rear need, err, one Wer Wr leek sere Mimes hundreek of Mof*Alen over me earl from era. annnarhve. r rd, el ace emebvaa to rids rgMouwoo. ever. dr Mal teremlyk welcomed by most area merchants. lamer, pylar. �Ir alternatnese rare that rem unt far several year, while the City boa kr char narrnal arc len, 32 ,M L: mete creat Saw. a bus deo. fW.e.I cite knew/mare. perm,/ Wyman Mehr ...es - ,344 '. V1 al` OOU Aibk .2,1,41'S O ei 5dp) i+/Rlato r x: �1 Awkw 4/18/2016 16 4/18/2016 Additional Business Neighbor in Favor 16th Street a great spot for a bus depot, I, the undersigned property owner and merchant in the vicinity of Clark County Auto Auction site, am quite surprised and amazed at the opposition to the sale to Greater Clark Schools for their bus compound by the new Jeffersonville Planning and Zoning Director. As a nearby property owner, I would welcome the bus compound to the area, which would be a much better alternative to another vacant storefront for the next ten years. Thesuggestion that the buyer and seller should have consulted the local planning authority is also non - issue. This is not a new planned development -it is a site already developed as an automotive industry use, and the proposed new use is very similar to the existing use. That is what makes it so attractive to Greater Clark Schools; if they acquired this site it would require much less in capital improvements. This is not a raw land deal where it would be advisable for the developer to consult with the experts before developing the land. This land is already developed for an automotive use. r Matt Oakley 33 Letters in Support • Petition containing 40 signatures in support of rezoning application were delivered to the Plan Commission • Over 100 Letters in support of rezoning application were delivered to the Plan Commission • Only 4 letters against the rezoning application were received by the Plan Commission 4/18/2016 34 4/18/2016 17 Responsible Development City of Crown Point v. Lake County, 510 N.E.2d 684, 690, Indiana Supreme Court (1987) • Supreme Court modified the legal standard by which a public entity's rezoning application should be measured. • Court's will balance the interest of public entity seeking rezoning against land use plan of the community. • There will be occasions when the land use plan of a community must fall before other critical government objectives. • Local land use decisions must be evaluated not only in terms of local need and benefit, but in light of community, area or state-wide interests as well. 016 35 Supreme Court's Balancing of Public Interests Test Factors to be considered include: the propriety of the land use (such as the economic and environmental impact on the area), • the kind of function or land use involved, • the availability of alternative locations, attempts to minimize detriments to adjacent landowners, consideration of competing interests, such as the nature and scope of the intruding government unit, the essential use to the local community and the broader community, • the need for the specific site as compared to the adverse impact, • the social utility of the proposed use, • the possible frustration of a government function. 4/18/2016 36 4/18/2016 18 The Essential Use To The Local Community And The Broader Community Board of Zoning Appeals of the Town of Meridian Hills v. Schulte, 172 N.E.2d 39, Indiana Supreme Court (1961) Holding: a zoning board could not validly exclude church and school facilities from residentially zoned area merely upon evidence the property values in the neighborhood would be depreciated. iia/2016 Supreme Court's Reasons for Holding " Traffic safety, particularly for children, is a matter of general public concern and far outweighs the private interest involved in a quiet neighborhood." Id. at 347 "The education, morally and spiritually of children, is a matter of great public concern and private interests, although important, should not outweigh such general public welfare." Id. "The law has always considered itself the special guardian of the young and gives important consideration to their requirements in the interest of the common good and general welfare." Id. "We judicially know that churches and schools promote the common welfare and the general public interest." Id. at 350. .. We feel the general public interest in the moral and intellectual education of the young far outweighs the private interest affected by any depreciation in neighboring property values." Id. at 351. 4/18/2016 38 4/18/2016 19 Conclusion • School Corporation can use the existing site without rezoning; • Zoning to Institutional District is in furtherance of Comprehensive Plan and other rezoning considerations; • Rezoning is supported by eight neighboring businesses; • If denied, a court will balance the interests of School Corporation against City's current zoning ordinance; When balancing the competing interests, the law has alwa considered itself the special guardian of the young; Supreme Court's Balancing of Public Interests Test Factors to be considered include: • the propriety of the land use (such as the economic and environmental impact on the area), • the kind of function or land use involved, • the availability of alternative locations, • attempts to minimize detriments to adjacent landowners, • consideration of competing interests, such as the nature and scope of the intruding government unit, the essential use to the local community and the broader community, • the need for the specific site as compared to the adverse impact, • the social utility of the proposed use, • the possible frustration of a government function. 4/18/2016 40 4/18/2016 20 4/18/2016 Hamilton Southeastern Facility 200 buses in a residential area. These houses look to be $400,000+. Indianapolis Public School System Indy depo has been in heart of Indy for 50 years. Director indicated that the city has grown up around them. Nahl�;rl rnr�� .•2.,•.. _ © r 111. Rti 3D oenAtteatre ill, wasp, I