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HomeMy WebLinkAbout2014-OR-34STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2014 -OR- 34 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 5620 HAMBURG PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C1 TO 11 Whereas, 15t Source Properties, LLC filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 5620 Hamburg Pike and fully described in the attached Exhibit A from C1: Small to Medium Scale General Commercial to 11: Business Park/Light Industry; and, Whereas, on June 24, 2014 the Jeffersonville Plan Commission has certified its favorable recommendation of the enactment of this proposed zoning map designation change by ordinance of this Common Council; and, Whereas, this matter is now before the Common Council at its regular meeting after certification of the proposed change of zoning map designation pursuant to the provisions of I.C. 36-7-4-608(f)(1); and, Whereas, this Common Council has timely posted notice of its intent to consider the proposed change of zoning map designation at the regular meeting scheduled for July 7, 2014; and, Whereas, all interested persons having been given an opportunity to appear before this Common Council and be heard regarding this matter as required by 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 5620 Hamburg Pike and fully described in the attached Exhibit A is hereby changed from C1: Small to Medium Scale General Commercial to 11: Business Park/Light Industry. IT IS FURTHER ORDAINED that the zoning map of the City of Jeffersonville shall be amended to include such change. This ordinance shall be iin full force and effect upon its adoption. SO ORDAINED this / day of July, 2014. Common Council Of The City of Jeffersonville, Indiana -ruz: rukLA-__ Vicki Conlin City Clerk VOTED AGAINST: Dennis Julius, Pre ent Presented to me as Clerk to the Mayor of said City of Jeffersonville this day of July, 2014 at Vicki Conlin City Clerk This Ordinance approved and signed by me this / 2014 at Prepared by: Les Merkley Corporate Counsel Mik Moore, Mayo STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF 1st Source Properties LLC PC -14-16 TO REZONE A CERTAIN TRACT 5620 Hamburg Pike - Parcels 10-21-04-800-189.000-009 & 10-21-04-800-248.000-009 FROM C1 (Small to Medium Scale General Commercial) to I1(Business Park / Light Industry) CERTIFICATION OFAVORABL UNFAVORABLE/NO RECOMMENDATION • ' ' • POSED ORDINANCE Whereas, 1st Source Properties LLC filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from C1 to 11 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on June 24, 2014 ; and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to favorably/unfavorably/not recommend the proposed change of zoning designation of the Property to the Jeffersonville Common Council. IT IS THEREFORE CER FIED that on June 24, 2014 , the Jeffersonville Plan Commission „oc-,,1d c'ec'ovvn wAn 4s (6- o) that the Jeffersonville Common Council enact by ordinance theroposed zoning designation change of the property from C1 to 11 as requested in the petition of 1st Source Properties LLC PC -14-16 So certified this 24thday of June , 2014 . Milt. J • (a Rodriquez Chai an GST Y OA ~ et11►I 1� STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: PC -14-16 Petitioner: Don Sandusky Request: Rezoning from C1 to 11 Location: 5620 Hamburg Pike Parcel: Parcel numbers 10-21-04-800-189.000-009, 10-21-04-800- 189.000-009 Hearing Date: June 24, 2014 Rezoning Request 1st Source Properties, LLC, filed a rezoning application for property located at 5620 Hamburg Pike. This property includes two parcels that are identified by the following parcel numbers: 10- 21-04-800-189.000-009 (11 acres) and 10-21-04-800-248.000-009 (1.9 Acres). Both parcels are currently zoned C1 (Small to Medium Scale General Commercial). The requested zoning is I1 (Business Park / Light Industry). Property Location and Description The property is located just north of 265 on Hamburg Pike. Figure 1: Vicinity Map Page 1 of 4 PC -14-16: Hamburg RV Storage 10-21-04-800-248.000-009 1.9333 Acres Zoned C1 Figure 2: Zoning Map Page 2 of 4 Figure 3: Aerial View PC -14-16: Hamburg RV Storage Figure 4: Future site Plan. Concept for RV' Storage Multistep Process for an Recreational Vehicle Storage Facility Step 1: Planning Commission meeting to rezone parcels 10-21-800-189.000-009 and 10- 21-04-800-248.009 from Cl (Light Commercial) to I1 (Business Park Light Industrial). Planning Commission will make a recommendation to City Council to approve or deny zoning change. Step 2: Board of Zoning Appeals meeting for a Use Variance to request to operate a recreational storage facility with outdoor storage. This can happen the same night as the Planning Commission rezoning request meeting. Step 3: City Council meeting to give final approval or denial of rezoning request. This meeting will occur one week after the Planning Commission and BZA meetings. Step 4: Minor plat to redraw property lines. This can be accomplished administratively through the Planning Department. If the lots don't meet the subdivision regulations, a second BZA meeting will be needed to request a variance to the standards. We can probably do this the same night as the Use Variance meeting. I'll need to review this with the city attorney. Step 5: Development plan review and approval. This can also be done administratively assuming that the development will meet the city's design guidelines with landscaping, lighting, buffering, signage, etc. Any variance request to the design guidelines will require a second BZA meeting for approval. Step 6: Drainage approval will be required from the drainage board prior to obtaining a building permit. Page 3 of 4 PC -14-16: Hamburg RV Storage Step 7: Building permit from the Building Commissioners office. 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. The lot is currently zoned M1 that would permit low density multifamily development. However, the lot is currently vacant and the applicant is seeking to develop the parcel out as two single family dwellings. R3 zoning would be appropriate for this project for the design guidelines and the historic character of the neighborhood. The area has a mix of commercial, industrial, and residential uses. Comprehensive Plan & Planning Districts The Jeffersonville Comprehensive Plan's Planning Districts Map identifies this property as being in the Suburban Workplace District and is described as follows: "Suburban Workplace: A Suburban Workplace is a form characterized by predominately industrial and office uses where the buildings are set back from the street in a landscaped setting. Suburban workplaces often contain a single Targe -scale use of cluster of uses within a master planned development. New larger proposed industrial uses are encouraged to apply for a planned development district. In order to provide adequate transportation access in suburban workplaces connected roads, public transportation and pedestrian facilities should be encouraged. Walkways to workplace -serving uses are encouraged for workplace employees. Development within suburban workplace form districts may need significant buffering from abutting uses. Staff Guidance Information about the end use of this project has been provided. However, the decision on rezoning the two parcels should be based on the appropriateness of the two lots being rezoned from C1 to 11. BZA will address the details of the specifically proposed use and how it may impact the neighboring properties. The applicant will then come before the Planning Commission a second time for a development plan approval. Page 4 of 4 PC -14-16: Hamburg RV Storage 1 EXHIBIT A Legal Description TRACT ONE Part of #48 of the Illinois Grant, Clark County, Indiana, described as follows: Beginning at a point on the Grant Line dividing #48 and #49 Illinois Grant, said point being South 40 degrees East, 674.13 feet from the intersection said grant line with the southern line of Carr Street in the Plat of Cementville, running thence South 40 degrees East along the line dividing Illinois Grants 48 and 49 for a distance of 152.7 feet; thence South 50 degrees West, 1462.29 feet to the center of the Hamburg Pike; thence North 14 degrees 30' West along the center of said Pike, 167.79 feet; thence North 50 degrees East, 1392.72 feel to the place of beginning, containing 5.00 acres. Also, being part of Survey #48 of the Illinois Grant, particularly described as follows: Beginning at a point on the line dividing Survey Nos. 48 and 49 said point being South 40 degrees East, 826.83 feet from the intersection of said grant line with the southern line of Carr Street on the Plat of Cementville; thence running South 40 degrees East, 145.7 feet to a point in the aforesaid dividing line; thence South 50 degrees West, 1528.67 feet to a point in the center of said pike; thence North 15 degrees 30' West, 160.27 feet to a point in the center of said pike; thence North 50 degrees East, 1462.29 feet to a stake in the aforesaid grana line, the point of beginning. TRACT TWO A part of Survey No. 48 of the Illinois Grant, Jeffersonville Township, Clark County, Indiana and a part of lands described in DR 222-454, described as follows: Beginning at the intersection of Hamburg Pike and the line between Survey Nos. 34 and 48; thence North 14 degrees 30' West, 1211.45 feet along Hamburg Pike; thence North 50 degrees East, 1547.34 feet along Balles (11- 10035) and Lott (222-454) to THE TRUE PLACE OF BEGINNING; thence North 50 degrees East, 200 feet; thence North 40 degrees West, 421.1 feet along Graves (9-1720); thence South 50 degrees West, 200 feet along Read (14-9964); thence South 40 degrees East, 421.1 feet to THE TRUE PLACE OF BEGINNING, containing 1.933 acres. Subject to any and all easements and restrictions of record affecting this real estate. I)L:1,\R NILy 1 Oa. \trpor,I ilrrmot dict it 1 'NISI, (Ju:!ri,;rui•lci l �ttill ki11 DH CCIol i \I., Ire liFFOR1: 1.111; CITY COIHNCII. Ol .II.I FI;RSONVIL1,l-;. INDIANA IN I HL NIA111;R OF "II IL ORI)INANC[ C'1IANGING 11 IL ZONING MAP 1)I;SIGNAI'lON OF .A C'17R I AIN !R;A(• 1 OF PROP[R'I Y LOCATED AT 5620 1-IAMBtiRG PIKI; AND 1'tIL1.Y 1)F;SC'RI131::I) IN ;\'I1 ACI II:1) 1 \1111311 .1 hRO,M ('1 1-O 11 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING ;IN -IAP DESIGNATION OF A CERTAIN TRACT OF PROPERTV I,OC'ATED AT 5620 HA1N-1BURG PIKE ANI) Ft-'LL'V' DESCRIBED IN AT'TACI11':l) EXHIBIT A FROM Cl TO 11 Notice is hcrchN- given that the C'it\o1'.le.Yersonvillc Inas filed Ordinance with the Jeffersonville ('itv Council. Jeffersonville. Indiana asl:inl.2 for a change in the Toning map designation ora certain tract of property located at 5620 I lamhurg Pike and iuII described in Exhibit \ from CI -Small to Medium Scale General C'omnicrcial to 11 - Business Park'1.iiiht 1n lustre. .\ public hearing will he held on .lulu 7. 2014 at 7:00 p.m. in the Cit\ Council Chambers. I" floor. Cite Ilan. 500 Quartermaster Court. Room 101..Icffersonvillc. Indiana at which time and place all interested persons will he heard in reference to the matters set out in said ordinance. \n o1111a1 ul,lpn ttlilit onthl„” r. Les ii'lerklev C:it\ .\tturncv Jeffersonville ('itv I loll 500 Quartermaster Court Jeffersonville. IN 47130 (812) 285-6423