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HomeMy WebLinkAbout2016-OR-38STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2016 -OR -38 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1611 E TENTH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO IS Whereas, Greater Clark County Schools Corporation filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 1611 E Tenth Street and fully described in the attached Exhibit A from C2: Medium to Large Scale General Commercial to IS: Institutional and, Whereas, on March 22, 2016 the Jeffersonville Plan Commission has certified its unfavorable 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 April 18, 2016; 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 1611 E Tenth Street and fully described in the attached Exhibit A is hereby changed from C2: Medium to Large Scale General Commercial to IS -Institutional. 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 as of January 1, 2017. SO ORDAINED this Rb day of J c�X/ 2016. 1616 -OR- 'J Common Council Of The City of Jeffersonville, Indiana VOTED AGAINST: M tt Owen, P r e-s2cYent A T: Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this --12/ day of ,1tz —e_ , 2016. Vicki Conlin City Clerk This Ordinance approved and signed by me this aa2 day of 2016. R Prepared by: Les Merkley Corporate Counsel Mike Moore, Mayor STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Greater Clark County Schools Corporation (GCCSC) TO REZONE A CERTAIN TRACT 1611 E Tenth Street FROM C2 (Medium to Large Scale General Commercial) to IS (Institutio __ CERTIFICATION OFt� 4l1NFAVORAB`_LE/NO RECOMMENDATION Whereas, GCCSC 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 IS ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on March 22, 2016 ; and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to favorably/unfavorably/not recommend the proposed change of zoning designation of the Property to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on March 22, 2016 , the Jeffersonville Plan Commission rrhrtu ,,,,,,e., jdh�a that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from C2 to IS as requested in the petition of GCCSC So certified this 22 day of March 92016 Chairman EXHIBIT A PARCEL NUMBER ONE: BEING a part of Survey No. 10 of the Illinois Grant in Clark County, Indiana, and more particularly described as follows: BEGINNING at a limestone monument on the North corner of Survey No. 2, the West corner of Survey No. 3 and in the line of Survey No. 10; thence North 54 deg. 02 min. East, along the line dividing Surveys Nos. 3 and 10, 44.00 feet to a point in the Northeast line of Jeff Boat and Machine Co. Railroad spur tract; thence North 35 deg. 05 min. West, along said Northeast line, 389.40 feet to an iron pipe in the North right of way line of State Road #62, the TRUE PLACE OF BEGINNING; thence continuing North 35 deg. 05 min. West along said Northeast line of Jeff Boat and Machine Co. Railroad spur tract, 384.22 feet to an iron pin; thence North 28 deg. 37 min. East 126.22 feet to an iron pipe; thence South 43 deg. 33 min. 33 sec. East 298.08 feet to an iron pipe in the North right of way line of State Road #62; thence South 12 deg. 08 min. 39 sec. West, along said right of way line, 214 feet to an iron pipe, the TRUE PLACE OF BEGINNING, containing 1.104 acres, more less. BEING the same property previously conveyed to Fetter Properties LLC on December 29, 2004 and recorded at Clark County Recorder, 1200500739, as Parcel Number One. PARCEL NUMBER TWO: BEING a part of Survey No. 10 of the Illinois Grant in Clark County, Indiana, and being further described as follows: BEGINNING at a limestone monument on the North corner of Survey No. 2, the West corner of Survey No. 3 and in the line of Survey No.10; thence North 54 deg. 02 min. East, along the line dividing Surveys Nos. 3 and 10, 44.00 feet to a point in the Northeast line of Jeff Boat and Machine Co. Railroad spur tract; Thence North 35 deg. 05 min. West along said Northeast line 389.40 feet to an iron pipe in the Northern right of way line of State Road #62; thence continuing North 35 deg. 05 min. West, along the Northeast right of way line of Jeff Boat and Machine Co. Railroad spur tract 384.22 feet to an iron pipe, THE TRUE PLACE OF BEGINNING. Thence continuing North 35 deg. 05 min. West, along said Northeast right of way to a railroad spike in the centerline of Plank Road; thence North 29 deg. 13 min. 42 sec. East, along said centerline 164.51 feet to a railroad spike; thence South 54 deg. 49 min. 16 sec. East, 461.09 feet of an iron pin the Northern right of way line of State Road #62; thence South 12 deg. 08 min. 39 sec. West, along said right of way line of State Road #62; thence South 12 deg. 08 min. 39sec. West, along said right of way line 200.10 feet to an iron pipe; thence North 43 deg. 33 min. 33 sec. West, 298.08 feet to an iron pipe; thence South 29 deg. 37 min. West, 126.22 feet to the TRUE PLACE OF BEGINNING. Containing 2.009 acres, more or less and being subject to all legal highways and easements of record. BEING the same property previously conveyed to Fetter Properties LLC on December 29, 2004 and recorded at Clark County Recorder, 1200500739, as Parcel Number Two. 266021 PARCEL NUMBER THREE: BEING a part of Survey No. 10 of the Illinois Grant more particularly described as follows: BEGINNING at a limestone monument at the south corner of said Grant No. 10; thence north 55 deg. 40 min. east 394.9 feet to a limestone monument at the west corner of Grant No. 3; thence north 54 deg. 02 min. east on the southeast line of said Grant No. 10, 44 feet; thence north 35 deg.05 min. west 389.4 feet to a 1/2" pipe on the west right of way line of State Road 62; thence north 11 deg. 37 min. east on said west right of way line 414 feet to a %" iron pin at the TRUE POINT OF BEGINNING; thence north 54 deg. 33 min. west 461.3 feet to a railroad spike in the center line of old Plank Road; thence north 28 deg. 37 min. east in the center line 187 feet to a railroad spike; thence south 58 deg. 06 min. east 391.6 feet from the center line of said State Road 62, 229.5 feet to the TRUE PLACE OF BEGINNING, containing 1.95 acres, more or less. BEING the same property previously conveyed to Fetter Properties LLC on December 29, 2004 and recorded at Clark County Recorder, 1200500739, as Parcel Number Three. SAVE AND EXCEPTED FROM THE FOREGOING THREE PARCELS IS THE FOLLOWING REAL PROPERTY CONVEYED TO THE CITY OF JEFFERSONVILLE FOR PURPOSES OF 10TH STREET WIDENING: Parcel 76 (containing 2,761 square feet), Parcel 76A (containing 3,027 square feet) and Parcel 76B (containing 3,232 square feet 2 266021 o,TY STAFF REPORT a W i NI Department of Planning & Zoning — Plan Commission FRso' Case Number: PC -16-21 Petitioner: Greater Clark County Schools Location: 1611 E Tenth Street Request: Rezoning Proposed Use: Bus Depot Zoning: C2 (Medium to Large Scale General Commercial) to IS (Institutional) Council District: 2 -Ed Zastawny Date: March 22, 2016 Rezoning Request The applicant is requesting a zoning change for property located at 1611 E Tenth Street. The property is currently zoned C2 and the requested zoning is IS. Zoning Change Procedure The Jeffersonville Zoning Ordinance and Indiana State Statute IC 36-7-4-603 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. GQ 4 Figure 1: Site Location Page 1 of 6 PC -16-21 GCCS Site 1 Rezoning Comprehensive Plan and Planning District Mixed -Use Legend iiiim Public/Institutional = Vacant/Agdcultural Recreation/Open Space Light Industrial Single Family Residential Multi -Family Residential - Mixed -Use - Heavy Industrial - Commercial - Business Park/industrial City Limits Figure 2: Future Land Use Plan Roads This use blends a combination of residential, commercial, cultural, institutional, 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 related 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, and should be pedestrian and bicycle friendly. Page 2 of 6 PC -16-21 GCCS Site 1 Rezoning Legend Primary Gateways Suburban Neighborhood � Traditional NeighborhoodlWorkplace ® Suburban Workplace Suburban Marketplace Traditional Marketplace Regional Marketplace Center •- _ ^4 Downtown Historic District Figure 3: Planning District Traditional Marketplace Marketplace corridors play an important role in providing the shopping needs of a community. Traditional Marketplace Corridors are along major roadways where the pattern of development is distinguished by a mixture of low to medium intensity uses such as neighborhood -serving shops, small specialty shops, restaurants, and services. The Traditional Marketplace Corridor was expanded along 10th Street to encourage a form that is more pedestrian oriented with development that has little or no setbacks. The uses in Traditional Marketplace Corridors frequently have apartments or offices on the second story. Buildings generally have little or no setback, roughly uniform heights and a compatible building style. Buildings are oriented toward the street and typically have 2-4 stories. New development and redevelopment should respect the predominant rhythm, massing and spacing of existing buildings. Page 3 of 6 PC -16-21 GCCS Site 1 Rezoning Zoning Figure 4: Zoning The property is currently zoned C2. The property to the north and south is zoned C2. The property to the east is zoned C1 and to the west is R2. The property is also part of the Commercial Corridor Overlay District. Attached Plans & Documents: 1. C2 District Intent 2. IS District Intent Page 4 of 6 PC -16-21 GCCS Site 1 Rezoning "C2rr District 4.15 "C2" District Intent, Permitted Uses, and Special Exception Uses District Intent The "C2" (Medlum to Large Scale General Commercial) District is intended to provide a land use category for most large scale general business uses. The provisions that regulate this land use district should not overly restrict normal business practices. This district can be used adjacent to all other commercial districts and the "R3," "M1" and "M2" residential districts. However, buffering should be provided between this district and any residential district. Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to use this district with the "Cl" District to encourage a strong and stable area for commerce. The Plan Commission and Board of Zoning Appeals should not encourage "strip development", rather development in clusters which share resources and minimize the cost of public utilities and services. The Plan Commission and Board of Zoning Appeals should also strive to minimize lighting, un -landscaped large parking lots, parking lots fronting major streets, and traffic conflicts in the "C2" District. I Permitted Uses I -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 muffier 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 Fe -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 safes (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 4.1 G Jeffersonville Zoning Ordinance Page 5 of 6 PC -16-21 GCCS Site 1 Rezoning "IS" District 4.1 "IS" District Intent, Permitted Uses, and Special Exception Uses is intended to provide a land use category for institutionally owned lands, including state, county, and city facilities. The IS district is also intended for social service oriented uses; and similar nonprofit quasi -public institutions where the use is for public purpose and is anticipated to remain so permanently. The Plan Commission and Board of Zoning Appeals should encourage institutional structures and uses to set a standard for development throughout the planning jurisdiction. Permitted Uses • community center • church, temple or mosque -government building government office library • museum police/fire station post office public/private parking area school • trade or business school Business: General Business • funeral home or mortuary Special Exception Uses Residential -child care institution (children's home) -nursing home • residential facility for the developmentally disabled (large) • residential facility for the mentally ill Institutional/Public Facilities • cemetery or crematorium • drug/alcohol rehabilitation clinic hospital • public park/recreation center -recycling collection point Business: General Business airport helipad or heliport • light rail station motor -bus station railroad station Communication/Utilities public well -sewage treatment plant -telecommunication facility -telephone exchange • utility substation 4-2 Jeffersonville Zoning Ordinance Page 6 of 6 PC -16-21 GCCS Site 1 Rezoning C I T Y O F J E F F E R S O N V I L L E DEPARTMENT OF LAW Les Merkley, Corporation Counsel/Director of Legal Affairs 812-285-6493 office 812-285-6403 fax www.cityofjjeff.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 1611 E TENTH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO IS NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1611 E TENTH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO IS 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 1611 E Tenth Street and fully described in Exhibit A from C2 -Medium to Large Scale General Commercial to IS - Institutional. A public hearing will be held on June 20, 2016 at 7:00 p.m. in the City Council Chambers, Ist 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 Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812)285-6423 An equal opportunity employer. DEPARTMENT OF LAW Les Merkley, Corporation Counsel/Director of Legal Affairs 812-285-6493 office !z * W 812-285-6403 fax www.cityofjjeff.net 'V \h'sON 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 1611 E TENTH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO IS NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1611 E TENTH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO IS 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 1611 E Tenth Street and fully described in Exhibit A from C2 -Medium to Large Scale General Commercial to IS - Institutional. A public hearing will be held on June 20, 2016 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 Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 An equal opportunity employer.