HomeMy WebLinkAbout2010-OR-33BEFORE THE COMMON COUNCIL
FOR THE CITY OF JEFFERSONVILLE,
INDIANA
ORDINANCE NO. o°wrb -0-33
AN ORDINANCE REZONING 0.85 ACRES FROM
C1: SMALL TO MEDIUM SCALE GENERAL COMMERCIAL TO C2: MEDIUM TO
LARGE SCALE GENERAL COMMERCIAL
WHEREAS, the Jeffersonville Plan Commission has certified a favorable
recommendation to rezone 0.85 acres located at 1738 & 1740 East Tenth Street from C 1: Small
To Medium Scale General Commercial zoning to C2: Medium To Large Scale General Commercial
zoning; and
WHEREAS, the Common Council believes such recommendation is in the best interests of
the City;
NOW, THEREFORE, BE IT ORDAINED by the Common Council for the City of
Jeffersonville, Indiana, as follows:
1. In considering proposals for rezoning, pursuant to I.C. 36-7-4-602(c)(3) and I.C. 36-7-
4-603, the Common Council must pay reasonable regard to (a} the comprehensive plan; (b)
current conditions and the character of current structures and uses in each district; (c) the most
desirable use for which the land in each district is adapted; (d) the conservation of property
values throughout the jurisdiction; and (e) responsible development and growth.
2. Notice was given and a publzc hearing was held pursuant to I.C. 36-7-4-604 by the
Jeffersonville Plan Commission on the request of Dennis Huber Auto Sales to rezone 0.85 acres
from C1: Small To Medium Scale General Commercial to C2: Medium To Large Scale General
Commercial.
3. The hearing on the rezoning request was held on July 27, 2010.
4. Upon consideration of the factors required by law, after having reviewed the petition
and exhibits thereto, after having reviewed any letters of support of or protest against, and after
having heard from representatives ofthe Dennis Huber Auto Sales, and any remonstrators or
objectors, and after consideration of the plan commission staff reports, the Plan Commission by
majority vote of sufficient number Commission members voted to give the rezoning request a
FAVORABLE recommendation, and such favorable recommendation has been properly certified
to the Common Council in accordance with Indiana law.
5. The 0.85 acre parcel of property as more particularly described in Exhibit A, attached
herewith and made a part hereof, shall be, and is hereby rezoned from C 1 to C2.
SO ORDAINED this ~~ day of August, 2010.
COMMON COUNCIL FOR THE
CITY OF JEFFER50NVILLE,
INDIANA
COUNCIL PERSONS VOTING
IN FAVOR: COUNCIL PERSONS VOTING AGAINST:
ATTEST:
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Clerk- urer
APPROVED:
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i ayor
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EXHIBIT A
LEGAL DESCRITION OF PROPERTY
TRACT I - 1740 E. 10`" Street
A certain parcel of land located in Clark County, Indiana, situated along 10`h Street (formerly known as
Highway 62) in the City of Jeffersonville, being a portion of Lot 1 and a portion of the west 1/2 of Lot 6, of
Avondale Court, as recorded in Plat Book 6, page 26, a part of Surveys 10 and i 1 of the Illinois Grant, and
more particularly described as follows: Beginning at an iron pin at the southwest corner of Lot 1, Avondale
Court, in the north margin of Avondale Court in the existing right-of--way of 10`" Street; thence with the right-
of-way of 10`" Street, North 28 deg. 38' 00" East, 84.94 feet to an iron pin, corner Parcel A; thence leaving the
right-of--way of 10'" Street with Parcel A, South 61 deg. 22' 00" East, 62.58 feet to an iron pin; thence South 79
deg. 22' 00" East, 140.12 feet to a point; thence South 79 deg. 22' 00" East, 2b.31 feet to an iron pin; thence
North 10 deg. 43' 20" East, 18.77 feet to an iron pin, corner to Christopher S. Nolan and Mary K. Nolan; thence
leaving Parcel A with Nolan, South 79 deg. OS' 33" East, 23.70 feet to an iron pin, corner to Steven M. Davis;
thence leaving Nolan with Davis, South 10 deg. 47' 5S" West, 120.62 feet to an iron pin in the north margin of
Avondale Court; thence leaving Davis with the north margin of Avondale Court, North 79 deg. 12' OS" West,
50.00 feet to an iron pin; thence with an arc to the right, having a length of 40.862 feet, a radius of 50 feet, and a
chord of North 4S deg. 16' 10" West, 38.95 feet to an iron pin; thence with an arc to the left having a length of
45.293 feet, a radius of 54.69 feet, and a chord of North 55 deg. 36' S1" West, 42.45 feet to an iron pin; thence
North 79 deg. 14' 08" West, 152.41 feet to the beginning
TRACT II - 1738 E. 10`" Street
Lot No. Two (2) of the Plat of "Avondale Court" a subdivision of Lot Number Twenty-Three (23) of "Della
Plains Farms", the plat of Avondale Court appears of record on page 26 of Plat Book Number Six (6} of the
records of Clark County, Indiana.
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E. The following standards applies exclusively to Auto Sales (Open Air, No Services) when it is either a
permitted use or special exception use in the HC, C1, C2, NI, [l, or [2 zoning districts, and the reuse
of existing lots is subject to approval by the Board of Zoning Appeals approval with conditions.:
a. Minimum lot size for new Pots is one-half (I/2) acre.
b. The business must meet all the minimum standards of the Bureau of Motor Vehicles.
c. Maximum number of cars displayed for sale on lot: Because of varying sizes and shapes of prop-
erties that could possibly be used, a plan of usage must be adopted during the approval hearing.
Display area of usage must be identified, acid vehicle may not be shown for sale in area other
than approved display areas. Display areas must be shown itt usage plan with parking spaces
measuring 8 feet wide, 17 feet long minimum. Vehicles may be displayed double-parked or back-
to- back only if vehicles may exit to a minimum of a 14 foot wide drive in display area (neither
side exiting to street or alley). Any other double- parking of vehicles is not allowed. Drive/isle
ways must measure a minimum of 14' in width.
d. Usage Restrictions: Display lot is restricted to display of motor vehicles only. A11
e. vehicles on display must be for sale.
f. Other Areas Identified: Customer parking, office, area for storage of trades, repossessions, and
auction cars are stored until made ready for resale. Any vehicle not for sale may not be stored
over 90 days, unless it is in a screened area. Screened area would be blocked from view on all
sides by a six-foot privacy fence.
g. Lighting: Cut off fixtures with lighting plan to be presented for approval.
h. C,andscaping Plan: Required landscaping plan to be presented for approval, using berms and
plantings between sales lot and other uses that might be impacted by lot sales. Monument sign to
be included in plan.
i. Setbacks: Al! Vehicles to be parked 8 feet from edge of paved surface of road with rubber park-
ing bumpers or lane restraints in front. All intersecting roads or drives to be kept free of visual
obstruction Lot may display vehicles for sate on up to three of four sides, any side adjoining
residential must have acceptable buffer or privacy fencing, 4th side must have a I S foot set back
or privacy fence if set back is not possible because of land configuration. Off street parking for
patrons and employees required with a minimum of 1 spot for every 10 vehicles offered for sale.
j. Lot paved with hard dust free surface.
k. No lot storage of inoperable vehicles or outside storage of materials.
I. Permanent office (minimum of 104 square feet) with restrooms for patrons and staff with all
vending machines secured inside.
m. Outside Noise: No outside bells, buzzers, or intercoms are allowed.
n. Other conditions as set out by the Special Exception and requirements as listed by the Indiana
Bureau of Motor Vehicles.
o. Property owners or business operators must keep their property properly maintained in a clean,
safe, and healthy condition. Failure to do so may result in revocation of the special exception.
7-62
Jeffersonville Zoning Ordinance
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE PLAN COMMISSION
RE THE PETITION OF
DENNIS HUBER AUTO SALES
CASE NO. PC-10- I i
FOR REZONING
CERTIFICATION PURSUANT
TO I.C. 36-7-4 (600 Series)
(Favorable Recommendation)
WHEREAS, on July 27, 2010, the Jeffersonville Plan Commission considered a petition
filed by Dennis Huber Auto Sales requesting that the C1: SmaIi To Medium Scale General
Commercial zoning fora 0.85 acre parcel be changed to C2: Medium To Large Scale General
Commercial on a parcel of property more particularly described or shown on Exhibit A, attached
herewith and made a part hereof; and
WHEREAS, after proper notice in accordance with law, the Plan Commission held a
public hearing on the rezoning request on July 27, 2010; and
WHEREAS, the Plan Commission received evidence and information from the Petitioner's
representatives and spokespersons, received evidence and information from remonstrators or
citizens who were aiiowed to speak under the Commission's rules, reviewed any staff reports as
were submitted, considered any legal advice rendered at the meeting, and otherwise considered all
relevant information submitted on the petition at the hearing;
IT IS, THEREFORE, HEREBY CERTIFIED as follows:
1. On the 27th day of July, 2010, the Petitioner, whose name(s) appears} on Exhibit
A attached herewith, filed a petition with the Jeffersonville Plan Commission to change the
Jeffersonville Zone Map asking that the real estate described in the said petition be reclassified
from Cl: Small To Medium Scale General Commercial to IS: Institutional. The property which
Petitioners seek to have rezoned is described or shown in Exhibit A, attached herewith and made
a part hereof.
2. The Petitioner submitted the petition pursuant to Ind. Code § 36-7-4-602(c)(1)(B).
3. The proposal was assigned Case No. PC-10-11.
~. In considering proposals for rezoning, pursuant to I.C. 36-7-4-602{c}(3) and I.C. 36-7-
4-603, the Plan Commission and the City Council must both pay reasonable regard to {a) the
comprehensive plan; {b) current conditions and the character of current structures and uses in
the. most desirable use far which. the land in each district is adapted; (d) the
each district; {c) p y j yes onsible develaprnent and
conservation o~f pxo ert values throughout the urisdiction, and (e) ' p
growth.
5. Notice was given and a public hearing was held. on hed during the evetn g o rJplY ~~~
under T.C. 36-7-4-604, such public 1learing having been cond
201a.
6. Upon consideration of the factors required by su ~ o~t orlprc~te teas ~fterhhapingion
and exhibits thereto, after having reviewed any letters of pp
heard from the Petitioner, any remonstrators ar objecto Lori ~ na ority v{ote of susffic ent number
comments by the COT~T1rT`tlSSlatl's attorney, the Carn~miss y
Commission members voted to give the petition. a FAVORABLE recammertdation.
7. The Petitioner's proposal for rezoning as desc ram the Plan Commission, pu sua~t to
the City Council with a FAVORABLE rec,omrnendatton f
Tnd. Cade § 36-7-4-605(a){3).
Dated this 10th day of August, 2010.
I he-:eby, an this 10th day of August, 2010, do hereby certify that the facts stated above
are true and correct.
4~ . ~/~ j ~~,~ ' ~~,
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Vice Chairperson
Jeffersonville Plan Commission
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