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HomeMy WebLinkAbout2005-OR-41 FAILEDORDINANCE 2005-OR-41 AN ORDINANCE CHANGING THE ZONINGs.MAP DE.SIGNAT!ON..OF A cERTAIN TRACT OF PROPERTY BE!NG.:A PART_OF SURVEY,NO..23 OF THE ILLINOIS GRANT AND BEING LOCATED.NEAR THENECO~ER ...... OF EAST TENTH STREET AND HE~.LEWIS RO~. C.O~A!N!NG A2,363- ACRE TRACT MoRE OR LESS FROM C2: MEDIUM.TO .LARGE GE~.~L COMMERCIAL TO M2: MULTIFAMILY ~SIDE ~..NT.~ :~L AND. A.CERTA!N TRACT OF PROPERTY DESCRIBED AS A 16.7 AC~. T~CT MO~. OR LESS NEAR THE NE coRNER OF EAST TENTH.ST~ET.AND .HE~,.LEWIS ROAD BE REZONED FROM RI: LOW DENSITY RESIDENTIAL'TOM2L MULTIFAMILY RESIDENTIAL. Whereas, Gilmore Contruction has.filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property described in the attached "Exhibits "A" and "B,' being a part of Survey No. 23 of the Illinois Grant and being located near the'NE Comer of East Tenth .Street and. Herb.Le.wi's Road containing a 2.363-acre tract more. or less from C2' Medium to Large General M2' Multifamily Residential and a certain tract of property described as a 16.7-acre tract more or less near. the NE Comer of East Tenth Street and Herby Lewis Road be rezoned from RI' Low Density Residential to M2: Multifamily Residential; and Whereas, on June 28, 2005 the Jeffersonville Plan Commission has certified to the Council an unfavorable recommendation concerning the proposed change to the City's zoning map; and, . Whereas, this matter is now before the Common Council. at.its firstregular 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 11, 2005 at 7:30 o'clock p.m.; 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 described in the attached "Exhibits "A" and "B" being a part of Survey No. 23 of the Illinois Grant and being located near the NE Comer. of East. Tenth Street and Herb Lewis Road. containing a 2.363-acre tract more or less is hereby changed from C2' Medium to Large General Commercial to M2: Multifamily Residential and a certain tract of property described as a -. 16.7-acre tract more or less near the NE Comer of EaSt Tenth. Street and. Herb Lewis. Road is hereby Changed from RI' Low Density Residential to M2: Multifamily Residential; and IT IS FURTHER ORDA!NED 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 day of.~y~. ATTEST: ~'eigy~SVi~Sr~ Clerk-Treasurer COMMON COUNCIL OF. THE CITY OF JEFFERSONVILLE, INDIANA R~obe-rt L. Waiz, Jr. Presiding Officer this Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville _____ day of J~y 2005. Peggy Wilder Clerk-Treasurer This Ordinance approved and signed by me this ______day o f~05 ' :~.:~Robert L. Waiz, Jr., Mayor 16.7-ACRE PORTION OF SILVER CREEI~ LLC, TRACT (18.0-ACRES TOT-AL) "R-1 TO BE ZONED-FROM , SINGLE FAMILY RESIDENTIAL" TO "M-2, · MULTIFAMILY RESIDENTIAL" (Ail 'of the 16.7-acre tract is located outside of the Tenth Street Overlay District) . The following described, real estate being situated in the-County of Clark, State of Indiana, to-wit: Being a part of.Survey No. 23 of the Illinois Grant, bounded thUs- Beginning 67 rods and 4 links, South 49 degrees West from the established North comer .of the formerly Thomas W. Prather land, the South comer of the F. Ratts tract' in Said sUrVey ~No.. 23 to'a point, the true place of beginning; thence North 35 degrees 28 minutes West 880 feet to a stone; thence South 54 degrees 30 minutes West 830 feet to a stone; thence South 35 degrees 55 minutes East 880 feet to a stone; thence North 54 degrees 30 minutes East.825. feet to the. tree place of beginning, cOntaining 16.'7 acres, more or less. o o 8122829171 TO 2856468 P. 05×06 STATE OF INDIANA SF..FORE THE jEFFtER$ONVtLLE PLAN COMMISSION IN RE THE APPLICATION OF GILMORE CONSTI=,UCTION TO REZONE A CERTAIN TRACT OF PROPERTY BEING A PART OF SURVEY NO. ?,3 OF THE ILLINOIS ' .. GRANT AND BEING LOCATED NEAR THE NE CORNER OF EAST TENTH STREET AND HERB LEWIS ROAD CONTAINING A 2,363-ACRE TRACT MORE OR LESS FROM C2: MEDIUM TO LARGE GENERAL COMMERCIAL TO M2; MULTIFAMILY RE$1OENTI^L AND A CERTAIN TRACT OF PROPERTY DESCRIBED AS A.15.? ACRE TRACT MORE OR LESS NEAR THE NE CORNER OF EAST TENTH STREET AND HERB LEWIS ROAD BE REZONED FROM RI: LOW DENSITY RESIDENTIAL TO MULTIFAMII. Y RESIDENTIAL CERTlt=iCA~i~.c_O_MNIENDATION Whereas, Gilmore Constru~on filed a petition before the jeffers~nville Plan Commission ¢l~ange the zoning designation of the property described in attached Exhibits "A" and "B" (the ~rope~'), being described as a 2.363-acre tract ~ear tl~e 'NE corner of East Tenth Street and Herb Lewis Road, fram C2; Medium to Large General Commercial to M2: Multifamily Residen[izl; and a certain tract of propeffy describe.as a '16,7 acre tract mom et less near the NE Corner of East Tenth Street and Herb Lewis Road be rezone~l from RI' Law DensitY~Residential to M2: Multifamily Re6identiai, and; Whereas, after proper notice by publication, the Jeffersonvil]e Plan Commission heid public nearing on the petition on June 28, 200Sa and, Whereas, at the oonolusicn of the hearing the ,leffersonville Plan Commission voted by majority vote of its entire membership t(3 de'ny mcommendat{on of the proposed change ~)f zoning clesignation of the Property to the Jeffersonvil[a Corn mort Council IT IS THEREFORE CERTIFIED that on Ju~le 26, 20[35, the Jeffersonvitle Plan ¢ornmissi~n m~mmanded that the jeffersonville Common Council deny the request to enact by ordinance the proposed zoning designation ~han9· af the property described as a tr~ more or less near the NE Corner oi' East Tenth Street and Herb Lewis Road from Medium to Large General Comrnemiat to M2'.' Multifamily ReSidential; and a certain ~.ract of prope~/described as a 16,7 acre tract me~e °r less from Ri' Low Density Residential to M2: Uuttifamily R~sidential es requested in [he petition of {3ilmo,~~~ - $o certified this 28"' day of June 2005. ~ . ,,,,¥ __ ~. __..;~__..r, Hal E. Kovert Chairman 16.7..ACRE PORTION OF SILVER CREEK, LLC, TRACT (18.0-ACRES TOTAL) TO BE ZONED FROM "R-l, SINGLE FAMILY RESIDENTIAL" TO "M-2, MULTIFAMILY RESIDENTIAL" (All of the 16.7-acre tract-is~located'outside of the Tenth Street Overlay District)' The following described real estate being situated in the County of Clark, State of Indiana, to,wit: Being a part of Survey No. 23 of the Illinois. Grant, bounded thus' 'Beginning 67 rods and 4 links, South 49 degrees West from the established North comer of the formerly Thomas -. W. Prather land, the South comer of the F. Ratts tract in said Survey No. 2'3 to a point, the tree place ofbe~nning; thence North 35 degrees 28 minutes West 880 feet to.a stone.; thence South 54 degrees 30 minutes West 830 feet to a stone; thence South 35 degrees 55 minutes East 880 feet to a stone; thence North 54 degrees 30 minutes East 825 feet to the tree place of beginning, containing 16.7 acres, more or less. . UJ Notice is hereby given that on July 11, 2005 at 7'30 o'clock p.m. in the Multi- . Purpose Hearing Room on the Third Floor of the City-County Building at 501 East Court Avenue, Jeffersonville, Indiana, the Common Council of the City of Jeffersonville, Indiana, intends to consider an ordinance, which, if adopted, Would change the zoning map designation of the following described property being a part of Survey No. 23 of the Illinois Gram and being located near the ~ Comer of East.Temh Street.and Herb Lewis Road containing 22363-acre tract'm°re or less from C2: Medium to Large General Commercial to M2' Multifamily residential and a certain tract of property described as a 1.6.7-acre tract more or less near the NE Comer of East Tenth Street and Herb Lewis Road be rezoned from RI' Low Density Residential to M2' MUitifamilyReSidential' DESCRIPTI°N .OF PROPERTY LOCATED'IN THig ~-~I TY*O F*'~FF~ RSO NVIL ~E- PROPERTY ADDRESS: 'Being a part of Survey No. 23 of the Illinois Grant and being located near the' NE Corner of East Tenth Street and Harb L~wis Road containing a 2.353-acm tract mor~ or I~$$ and a 10.7-acre traCt more or less near the NE Corner of East Tenth. Street and Herb Lewis Road The Jeffersonville Plan Commission ma~le an unfaVorable recommendation . concerning the adoption of an ordinance enacting this proposed change of zoning map designation 'after notice and heating on June 28, 2005. All interested persons are invited to attend and be heard regarding this matter. This. Jeffersonville Common Council .. meeting may be continued from time to time as .found necessary. The Jeffersonville Common Council may take official action at the conclusion of debate at this meeting. Such notice .given and posted this 6th day of July 2005. / . · Peggy Wilder Jeffersonville Clerk-Treasurer Prepared by: Leslie D. Merkley City Attorney Sharon King Paralegai Request Form for City Council A~enda Phone Numlx:r: Date of meeting you plan to attend: Please attach copy of Resolution or Ordinance or any other information pertaining to your request. malaria t~oae ana Acts - 1~ .50-'/-4-003 Page 1 of 1 § lC 36.7,4-603 Indiana Code and Acts TITLE 36. LOCAL GOVERNMENT ARTICLE 7. PLANNING AND DEVELOPMENT lC 36-74-603 Zoning ordinance; preparation and consideration of proposals IC 36-7-4-603 Zoning ordinance; preparation and consideration of proposals Chapter 4. Local Planning and Zoning Sec. 603. In preparing and considering proposals under the 600 series, the plan commission and the legislative body shall pay reasonable regard to' (1) the comprehensive plan; (2) current conditions and the character of current structures and uses in each district; (3) the most desirable use for which the land in each district is adapted; (4) the conservation of property values throughout the jurisdiction; and (5) responsible development and growth. As added by Acts 1981, P.L. 309, SEC. 23. Amended by P.L. 335-1985, SEC. 17; P.L.220-1986, SEC 17. © Lawriter Corporation. All rights reserved. The CasemakerTM Online database is a compilation exclusively owned by Lawriter Corporation. The database is provided for use under the terms, notices and conditions as expressly stated under the online end user license agreement to which all users assent in order to access the database. http://www.lawriter, net/c~i-bin/texis/web/instat/+lwwl~m~.nl~ m onY, n. mmrv~',-l-l..tr..~VCO ~ t: t',o ,,~^^e JEFFERSONVILLE COMPREHENSIVE PLAN COMMON COUNCIL JEFFERSONVILLE PLANNING & ZONING COMMISSION COMPREHENSIVE PLANNING COMMITTEE Prepared by: Department of Redevelopment October, 1991 Multi-Family Residential Multi-family residential occupies only 1.7 percent of the Planning Area's developed land but accounts for 22 percent of its housing units. Recent multi- family growth has been in the vicinity of Hamburg Pike's junction with New Albany-Charlestown Pike. There is likely to be pressures for additional apartment development in this area and in the 1-265 interchange area. Mobile Homes Mobile homes, both within mobile home parks and on individual sites at scattered locations, make up 4 percent of total residential land use. The City's zoning ordinance only permits mobile homes in a duly licensed mobile home park; however, recent annexations have resulted in the location of individual mobile homes within the corporate limits. Mobile home on individual lots are either in the newly annexed areas or in the unincorporated parts of the Planning Area. Public and Semi-Public Public and semi-public uses occupy 1,016 acres or 12.4 percent of the developed land in the study area. Included in this category are: two large cemeteries, 241 acres of recreation facilities, 188 acres devoted to schools, the Jeffersonville Elks Golf Course, governmental facilities and the area's many churches. Commercial Concentrations of commercial development in Jeffersonville are limited to the downtown area, Spring Street and 10t" Street. 'The downtown area, and especially the core area of downtown, has experienced significant renovation and new businesses in recent years. Downtown Jeffersonville is the focal point of the community and strong efforts should be made to preserve and enhance it as a special center of activity. The ongoing Main Street Program and the creation of the Jeffersonville Historic District, which includes the Spring Street corridor from Federal Place to Riverside DriVe, and Riverside Drive from Fort Street to the Jeff Boat property, represent positive actions in this direction. Commercial uses along 10th Street comprise most of the Planning Area's retail and service square footage. However, a substantial portion of this commercial corridor business space has become functionally obsolete. Predominantly vacant and underutilized shopping centers along 10th Street's commercial development (poor site design; excessive driveway excess; sign clutter; unattractive buildings and streetscape; and overall congestion) should encourage a strong resolve to avoid similar problems along State Road 62 from its intersection with the proposed Inner City Road to 1-265. /¢ SUMMARY OF EXISTING CONDITIONS The Jeffersonville Planning Area has both excellem future potentials and some basic problems that may restrain these potentials. Its greatest asset, in terms of furore growth potentials, will be, with the opening ofi-265, immediate and convenient accessibility to two interstate routes. This accessibility combined with the area's large amount of attractive, undeveloped land provides suitable sites for planned mixed-use developments as well as residential, commercial and industrial expansion. Relatively large, vacant landholdings increase the possibilities for well-planned, high quality developments. Development potentials will, however, be hampered by infrastructure realities. Future growth will be subject to the ability as well as the timing of providing adequate sewer throughout the area. The lack of sewer could be a major obstacle to the realization of growth potentials. Although access is the Planning Area's primary asset, access within the interior of the Planning Area is weak. Well- planned improvements and additions to the existing street network are needed to assure functional circulation within the area. PRIME DEVELOPMENT AREAS Certain sections, of the Planning Area have been identified as prime areas for development. This study does not include an analysis of economic market potentials or the area's competitive position relative to other parts of the Urban Area. Therefore, this designation strictly represents a qualitative judgment based on the analysis of existing conditions and overall knowledge gained through the planning process. The areas considered to have the highest immediate potential for development are: 1-265/State Road 62 Interchange Area - first and only major urban imerchange in Indiana for southbound 1-65 traffic going east on 1-64 or 1-71 or with destinations in the eastern part of' the Louisville Urbanized Area - quick access from'a significant number of Louisville suburban communities - interchange access for Jeffersonville traffic - fairly large vacant tracts in single ownership - possibility for mixed use developments with full range of quality retail, office, multi-family and business park uses LAND USE PLAN The Jeffersonville Comprehensive Plan purposes a desirable and appropriate pattern of land use and roadway concepts that will serve as a statement of broad guidelines for furore development. The proposals were thoroughly reviewed through a process of detailed work sessions with the Jeffersonville Comprehensive Plan Committee, the Jeffersonville Planning and Zoning Commission and the Common Council; public involvement meetings; and a public hearing. Major features of the land use plan are: Preservation of the existing established residential areas 'and propOsed buffer protection from future non-residential developments including the buffering of single-family homes fi'om multi-family uses. - The designation of large strategically located vacant land areas for potential mixed-use development. This feature recognizes the need for development flexibility. . - Proposed commercial uses are divided into four functional categories that are related to emerging patterns of commercial development in the metropolitan area. Recognizes the unique characteristics of downtown Jeffersonville and the preservation needed to preserve it as a focal point of the community. Suggest the possibility of.a sport complex with access to Middle road and the proposed Inner City road. Proposes concepts for an internal street system in areas of presently undeveloped land and for improved access throughout the outlying portions of the Planning Area. Road improvements support the Metropolitan Planning Organization's Transportation Improvement Program. LAND USE PLAN Map 8, Land Use Plan shows a broad visual outline of land use proposals and roadway' concepts. The Comprehensive Plan recOmmends that any development in the flood plan as shown on Map 3 adhere to the City's Flood Plain Zoning regulations and to Federal Emergency Management Agency standards. A brief description of the proposed land'use categories follows: SINGLE FAMILY RESDENTIAL Single-family is the Predominant land use proposed for the Planning Area. A major objective of the land use proposal is to guide furore development in a manner that will strengthen the residential environment. The existing pattern of a single-family reSidential was maintained and single-family is recommended for most of the vacant outlying areas. The major area of single-family growth will continue to be to the north generally between the CSXT Railroad and Cooper Lane. Extensive single-family growth could also occur in the northeast on the large amount of vacant land between the 1-265/State Road 62 interchange and Utica. 1- 265 will improve accessibility to this area; however, the problem of providing sewer will need to be addressed prior to any significant growth. The intent of the Comprehensive Plan is to maintain the integrity of and enhance existing single-family areas and to provide a proper environment for furore single- family areas. The following recommendations are made to assist in accomplishing this intern. That controls be considered to assure the provision of adequate buffers between all single-family development and other uses, including townhouse and multi-family development. That certain older, centrally located residential neighborhoods receive rehabilitation and preservation treatment to maintain their unique and historical character. This would include the Ingramville, Riverside Central and Rose Hill neighborhoods. That a new single-family residential zoning district be adopted and applied to older, centrally located single-family areas in which the current zoning permits multi-family development. The Plan recognizes that certain small sections of existing single-family use may be surrounded by non-residential uses and that these areas are not an appropriate location for residences. These areas are designated for single-family use on the plan and should continue to be zoned single-family. However, it might be appropriate to consider other uses but only if the entire area can be acquired and developed or in certain cases a portion of the area. MULTI-FAMILY RESDENTIAL The Land Use'Plan calls for additional multi-family developmem at three locations. They are: a triangular area bound by Hamburg Pike, Cooper Lane and 1-265; near Hamburg Pike's intersection with New Albany-Charlestown Pike; and between Aster road and State Road 62. It is recognized that the Planning Area is likely to have considerable furore multi-family use, especially near the 1-265/state Road 62 interchange area. It is difficult, however, to predict exactly where this type of development will occur. Therefore, the plan shows the possibility of this use in sections designated for mixed use, in the vicinity of the interstate interchange and along the State Road 62 corridor. PUBLIC/SEMI-PUBLIC The Land Use Plan proposes the continuation of all existing public and semi- public uses, such as parks, schools, recreational facilities, cemeteries, etc. The plan does suggest a new sports complex on 50 acres to the northeast of the intersection of Middle Road and Perrin Lane. Passive riverfront recreation areas are proposed as part of the Riverpointe Landing Project and a mixed-use marina- public park development south of Riverside Drive from the Kennedy Bridge to JeftBoat. The intent of the Land Use Plan is that schools, parks and churches might be permitted in a variety of differem land use areas as long as proper buffer treatment is required, no traffic access is via minor residential streets and site plan review is required to prevent any adverse conditions relative to either the public/semi-public use or surrounding uses. COMMERCIAL Proposed commercial uses have been divided into six categories. These categories are tailored to the differing types of commercial development that are occurring throughout the urbanizing area and in Jeffersonville. They are' Neighborhood Business Limited to uses that serves the immediate neighborhood. Stringent development standards. Office Predominantly office area with complementing commercial uses. Stringent development standards. Limited Business Community or regional shopping area with uses limited to retail, restaurants, motels, personal services, etc. Stringent sign, access and other development controls. · A new business zone is recommended to fulfill the intent of the limited business category proposed by the land use plan. Such a zoning district would be somewhat similar to the present B-2 Service Business District but much more restrictive as to uses permitted, signage, etc. This type zone would not replace the existing B-2 District which would remain an appropriate zone for most of Jeffersonville's commercial area. · The downtown business zoning district discussed in the Land Use Plan text should be drafted and adopted. It would permit only those uses considered conducive to a healthy downtown core area. As previously stated, provisions such as limiting the size of certain uses; sign controls; realistic parking requirements; permitting some uses only in a secondary location such as upper floor or to the rear of buildings; etc. should be included in such zoning. · A special hospital business or hospital/institutional-zoning district should be considered to meet the intent of the Land Use Plan. The types of uses that might be permitted were described in the land use plan text. Industrial Zoning Needs About 85 percent of the City's industrial zoning is in 1-2 Heavy Industry zoning; however, only 31 percent of its developed industrial land is used for heavy industry. The reason so much land is zoned 1-2 is that the I-1 Light Industry Zoning District does not permit outside storage. The large amount of 1-2 zoning could result in heavy incompatible industries occupying light industrial land. Zoning amendments should be made to provide districts, which both permit and prohibit outside storage for light industry. Buffering Provisions It is recommended that buffering provisions in the Jeffersonville Zoning. Ordinance be expanded to require buffers between adjacent land uses that have even modest incompatibilities. Buffers should be required for lots on which new construction is proposed and enforced as part ofthe building permit approval process. Examples of buffers are: open space, trees, shrubs, fences .and earth berms. It is recommended that buffering be required for: multi-family dwelling units when adjacent to a detached single-family dwelling unit or district; all uses permitted in a business district when adjacent to an existing residence or residential district, and