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Home My WebLink About2013-OR-27. FAILEDSTATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2013 -OR- on AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1410 EAST 8TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 to NC Whereas, Jeffie Maag filed a petition before the Jeffersonville Commission to change the zoning map designation of the real property located at 1410 East 8th Street and fully described in the attached Exhibit A from R3: Old City Residential to NC: Neighborhood Commercial; and, Whereas, on July 30, 2013 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 August 5, 2013; 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 1410 East 8th Street and fully described in the attached Exhibit A is hereby changed from R3: Old City Residential to NC: Neighborhood Commercial. 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 upon its adoption. SO ORDAINED this day of , 2013. Common Council Of The City of Jeffersonville, Indiana VOTED FOR: VOTED AGAINST: Connie Sellers, President ATTEST: Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this day of , 2013. Vicki Conlin City Clerk This Ordinance approved and signed by me this day of 2013. Mike Moore, Mayor STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Jeffie Maag (PC -13-25) TO REZONE A CERTAIN TRACT 1410 E. 8th Street FROM R3 to NC CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Jeffie Maag filed a petition before the Jeffersonville Pian Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from R3 to NC ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on July 30, 2013 ; 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 CERTIF D that on July 30, 2013 , the Jeffersonville Plan Commission u4A,VALI0 cacke, cero,,,te„ {i, /-othat the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from R3 to NC as requested in the petition of Jeffie Maag (PC -13-25) So certified this 30 day of July , 20 13 Jowl Rodrique Chairman Exhibit A Legal Description BEING THAT PART OF LETTER B. IN SURVEY NO. 2 OF THE ILLINOIS GRANT IN CLARK COUNTY, INDIANA, DESCRIBED AS FOLLOWS; LOT NO. 1 rt‘i BLOCK NO. 1 OF RJ AD AND ZALAUFS SUBDIVISION OF OUT LOTS 10 AND 12 OF THE TOWN OF PORT FULTON (NOW crry. OF JEFFERSONVTLLE) ACCORDING TO THE ?LAT OF SAID SUBDIVISION FILED NOVE1VIBER 12, 1903 AND RECORDED A r PAGE 47 IN PLAT BOOK 3 IN THE OFFICE OF THE RECORDER OF CLARK COUNTY, INDIANA, Vicinity Map Intersection of 8thSt. & Main St. St. Anthony's Cemetery Page 1 of 1 "This form is characterized by predominantly residential uses, by a grid pattern of streets with sidewalks and often including alleys. Residential lots are predominantly narrow and often deep, but the neighborhood may contain sections of larger estate lots, and also sections of lots on which appropriately integrated higher density residential uses may be located. The higher density uses are encouraged to be located in centers or near parks and open spaces having sufficient carrying capacity. There is usually a significant range of housing opportunities, including multi -family dwellings. Traditional neighborhoods often have and are encouraged to have significant: proportion of public open space such as parks or greenways, and may contain civic uses as wells as appropriately located and integrated neighborhood centers with a mixture of mostly neighborhood serving land uses such as offices, shops, restaurants and services." Condition and Character of the District The adjacent properties along 8th Street are mostly single-family residential with a few multifamily dwellings on Short Jackson Street, Across 8th Street from the property there is an apartment complex that is managed by the Housing Authority, and an Auto Repair Shop is located at the corner of Main & 8th Streets. Desirable Use of the Land & Conservation of Property Values The current zoning of this property allows only a single family dwelling, home child care business, and other home occupations. In this neighborhood the corner lots along 8th Street frequently have commercial uses, but most properties in the middle of the block are residential. 8 St. & Nachand Ln 1410 E. 8th Street Page 2 of 6 ':. is;:tt•- .,. , ..4.... ..;-,,......:::,i1Olvi,!k... .--"-, ..::::ii i .* ' :N P:',,1C...::,o.,.,...e.11.,:1 --,..., .. Figure '1 Vit;•inity tap PC -13-25: 1410 E. 81h Street 1410 E. 8fh Street (R3) Auto Repair Business (C1) Apartments on Short Jackson St. (M1) Eastern Cemetery (IS) • > Zoning Map Off-street parking =Street Fig( re 3: Aerial hnge Page 3 of 6 PC -13-25: 1410 E. 81h Street "R3" District 3.7 "R3" District Intent, Permitted Uses, and Special Exception Uses District Intent The "R3" (Old City Residential) District is Intended to provide a land use category for small lots and small -sized single family detached homes. The provisions that regulate thls land use district should protect, maintain and promote where possible the "old city residential character" In Jeffersonville. Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to protect this district from business encroachment, conflicting land uses, and non - family oriented businesses. The Plan Commission and Board of Zoning Appeals should strive to promote an average net density of 7 to 8 dwelling unitd por acre community -wide in the "R3" district. Permitted Uses Residential • child care home (owner -occupied) •dwelling, single family • residential facility for developmentally disabled (4 bedrooms or less) • residential facility for mentally ill (4 bedrooms or less) Miscellaneous •accessory uses • home occupation #1 Special Exception Uses Residential • bed and breakfast facility • boarding house (owner -occupied) •dwelling, two-family • residential facility for developmentally disabled (over 4 bedrooms) Business: Personal Service •child care center (day care) Institutional/Public Facilities •public park/recreational center •church, temple, or mosque Communication/Utility •public well • telecommunication facility Miscellaneous • home occupation #2 3-8 Jeffersonville Zoning Ordinance Page 4 of 6 Figure 4: Permitted and Special Exception Uses of the R3 District PC -13-25: 1410 E. 8th Street "NC" District 4.5 "NC" District Intent, Permitted Uses, and Special Exception Uses District Intent The "NC" (Neighborhood Commercial) District is intended to provide a land use category for small scale commercial uses that provide products and services to neighborhoods. The provisions that regulate this land use district should promote appropriate commercial uses that are clearly nonconflicting with neighborhoods in Jeffersonville. Jeffersonville's Plan Commission should strive to use this district sparingly and appropriately as a "spot zone" In the community. The Plan Commission and Board of Zoning Appeals should also strive to exclude businesses from the "NC" district that are not family oriented or that have an adverse effect on the existing or future adjacent neighborhoods. Permitted Uses Residential • dwelling, single-family (upper stories) *dwelling, two-family (upper stories) Business: Food Sales/Service • bakery, retail • convenience store (without gas pumps) • delicatessen • ice cream shop •coffee shop • meat market • small specialty •grocery Business: General Business • print shop/copy center Business: Office/Professional • bank machine/ATM • medical/dental clinic •photographic studio •professional offices 4 Business: Personal Service • barber/beauty shop • coin laundry • child care center (day care) • dry cleaning service • fitness center/gym • health spa Business: Recreation •video store Business: Retail • antique shop •art gallery • art and craft studio • boutique • consignment store • flower shop 'Jewelry store • music store • news dealer/bookstore (not adult entertainment) • thrift store Miscellaneous • accessory uses Special Exception Uses Residential • dwelling, multifamily (upper stories) Institutional/Public Facilities • church, temple or mosque • community center • government office • library • police/fire station • post office • public park/recreation center • recycling collection point (no outdoor storage) • school Business: Food Sales/Service • restaurant • convenience store (with gas pumps) Business: Office/Professional •drive-thru bank machine/ATM Business: Recreation • public docks Communication/Utilities • telecommunication facility • telephone exchange • public well • utility substation Miscellaneous • home occupation #1 4-6 Jeffersonville Zoning Ordinance Page 5 of 6 Figure 5: Permitted and Special Exception Uses of the NC District PC -13-25: 1410 E. 8th Street