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Home My WebLink About2013-OR-37STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2013 -OR- AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 2032 HAMBURG PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1 to C2. Whereas, VanKleef HVAC, Inc. filed a petition before the Jeffersonville Commission to change the zoning map designation of the real property located at 2032 Hamburg Pike and fully described in the attached Exhibit A from R1: Low Density Residential to C2: Medium to Large Scale General Commercial; and, Whereas, on August 27, 2013 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 September 3, 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 2032 Hamburg Pike and fully described in the attached Exhibit A is hereby changed from R1: Low Density Residential to C2: Medium to Large Scale General 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 3 day of JyJ"! , 2013. Common Council Of The City of Jeffersonville, Indiana VOTED O It& M�1af S m t EST: Vicki Conlin City Clerk VOTED AGAINST: Connie Sellers, President Presented to me as Clerk to the Mayor of said City of Jeffersonville this I. day of 2013 at ,d,/, Vicki Conlin City Clerk This Ordinance approved and signed by me this ` day 2013 at Prepared by: Les Merkley Corporate Counsel Mike gore, May STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF VanKleef HVAC, Inc. - PC -13-29 TO REZONE A CERTAIN TRACT 2032 Hamburg Pike FROM R1 to C2 CERTIFICATION OF AVORABL UNFAVORABLE/NO RECOMMENDATION ' ' • ' OSED ORDINANCE Whereas, VanKleef HVAC, Inc. filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from R1 to C2 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on August 27, 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 CERT IED that on August 27, 2013 , the Jeffersonville Plan Commission erabl c-e.cowtw�ev„ ds (-o that the Jeffersonville Common Council enact by ordinance the Iroposed zoning designation change of the property from R1 to C2 as requested in the petition of L..1.1e. 1111G •-i5- 2 `a( . So certified this 27 day of August ,2013 Jos`Yj'odriquez Chairman Exhibit A TRACT 1 Being a part of Survey No. 8 of the Illinois Grant and being a part of Lot No. 30 of Kirby's Subdivision of said Survey No. 8, bounded as follows: Beginning at the intersection of the original line of Surveys Nos. 8 and 9 of said Grant and Wathen's line of the southeastwardly side of the Salem Turnpike (now Hamburg Pike); thence S. 40 degrees B. with the original line dividing Surveys Nos. 8 and 9 of the Illinois Grant 173.9 feet to a nail, the TRUE PLACE OF BEGIN- NING; thence S. 47 degrees 24 minutes W. 216 feet to a stake; thence No. 67 degrees 30 minutes #. 224.9 feet to a nail in the said line N. 40 degrees W. 73.6 feet to a nail, the true place of beginning containing .186 of an acre, more or less. Being the same real estate conveyed by Frank Perry and wife to Forrest R. Locke and Elizabeth M. Locke, his wife, by deed dated July 24, 1947. and recorded in Deed Record 155, page 7, in the Recorder's Office, Clark County, Indiana. TRACT u Part of Survey No. 8 of the Illinois Grant, and being Lot No. 30 of Kirby's Subdivision of said Survey No. 8, bounded as follows: Beginning at thc intersection of the original line of Lots Nos. 8 and 9 of said Grant and Wathen's Line on the Southeastwardly side of the Salem Turnpike; thence along the said side of said Turnpike S. 32 - 3/4 degrees West 15 rods, more or less, to Railroad Street; thence along said street South 22-1/2 Degrees East 6 rods; thence at right angles 17 rods.to the original Zine dividing Surveys Nos. 8 and 9 of the Illinois Grant; thence with said line North 40 Degrees West 15 rods to the place ofbegirming, containing One (I) acre, more or less. EXCEPTING THEREFROM, the following described tract Beginning at the intersection of the original line of Surveys Nos. 8 and 9 and Wathen's Line on the Southeastwardly side of the Salem Turnpike (now Hamburg Pike); thence South 40 Degrees East with the original line dividing said Surveys Nos. 8 and 9 of the Illinois Grant 173.9 feet to a nail, the true place of beginning; thence South 47 Degrees 24 Minutes West 216 feet to a stake; thence North 67 Degrees 30 Minutes East 224.9 feet to a nail in said original line dividing said Surveys Nos. 8 and 9 of said Grant; thence with said original line dividing Surveys Nos. 8 and 9 of said Grant North 40 Degrees West 73.6 feet to a nail, thc true place of beginning, containing .186 acres, more or less. XXCBPTING_FROM TRACT I ANA/OR II ABOVE THE FOL- LOWING DESCRIBED R5A1, ESTATE; Being a part of Survey No. 8 of the Illinois Grant, and being a part of Lot No. 30 of the Kirby's Subdivision of said Survey No. 8, bounded as follows: Beginning at the intersection of the original line of Surveys Nos. 8 and 9 of said Grant and Wathen's line of the southoastwardly side of the Salem Turnpike (now Hamburg Pike); thence along said side of said turnpike South 32 degrees - 45 minutes West, 292.92 feet more or less to the right-of-way line of the Old PCC & SL RR; thence along siad RR R/W South 22 degrees - 30 minutes Bast, 18.84 feet more or less to the proposed R/W line of Hamburg Pike of Project No. M-1VID-C700 (an intersection improvement project at Dutch Lane and Hamburg Pike); thence along said R/W line North 28 degrees -01 minutes East, 108.34 fed more or less to a point; thence continuing along said R/W line North 33 degrees - 24 minutes East, 116.69 feet more or lass to a point; thence North 83 degrees - 53 minutes East, 55.05 feet more or less to a point on the proposed right-of-way line of Dutch Lane; thence South 40 degrees - 00 minutes East, 188.11 feet more or less to a point on the property line between Terrell and Hagan; thence North 67 degrees - 04 minutes East, 31.35 feet more or less to the line dividing Surveys 8 and 9 of the Illinois Grant; thence North 40 degrees Wert, 255.75 feet more or less to the point of beginning of this description, containing 0.235 acres more or less. 69Y0-:- /;:74/ t, (1.-t ,1) STAFF REPORT \ 0 Department of Planning & Zoning — Plan Commission Case Number: PC -13-29 Petitioner: Van Kleef Heating and Air Conditioning, Inc. Request: Rezoning from RI to C2 Location: 2032 Hamburg Pike Parcel: 0.77 Acres - Parcel #10-21-00-800-294.000,-010 Hearing Date: August 27, 2013 Rezoning Request The applicant is requesting a zoning map amendment for one parcel located at 2032 Hamburg Pike. This property is currently zoned R1 (Low Density Residential) and is in a commercial corridor overlay district. The petitioner is requesting that the property be rezoned to the C2 (Medium to Large Scale General Commercial). History of the Property A house was built on the property in 1950 and presently it is vacant. Over the past ten years this property has had multiple property maintenance violations and was briefly used for auto sales — an unpermitted use in the R1 zoning district. 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 III Responsible development and growth. Comprehensive Plan & Planning Districts The Jeffersonville Comprehensive Plan's Planning Districts Map identifies this property as being in the Traditional Neighborhood District. This district is described as follows: "This form is characterized by predominantly residential uses, by a grid pattem 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 Page 1 of 5 PC -13-29: 2032 Hamburg Pike 1 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 a significant proportion of public open space such as parks or greenways, and may contain civic uses as well 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 surrounding properties are used for commercial purposes such as a landscaping service, gas station, convenience store, and auto repair service. Nearby vacant lots across Hamburg Pike are zoned C2 and are large enough to attract new commercial development. The ongoing reconstruction of Hamburg Pike should make the street corridor capable of supporting more traffic while also being accessible for pedestrians. Desirable Use of the Land & Conservation of Property Values The use of this property as a single-family residence has likely lost its appeal over the decades as development and traffic along Hamburg Pike have increased. The requested zoning is identical to that of most of the surrounding lots so this change would not open the door to an incompatible use. Any development of this property would have to be approved by the Plan Commission since it is in the Commercial Corridor Overlay District. Page 2 of 5 PC -13-29: 2032 Hamburg Pike Walnut Ridge Nursery Marathon Gas Station Figure 1: Vicinity Map for 308 E. Chestnut St. 2032 Hamburg Pike — Low Density Residential (R1) Old City Residential (R3) Medium Density Multifamily (M2) Page 3 of 5 Figure 2: Zoning Map PC -13-29: 2032 Hamburg Pike "R1" District 3.3 "R1" District intent, Permitted Uses, and Special Exception Uses District intent The "R1" (Low Density Residential) District is intended to provide a land use category for medium lots and medium-sized single family detached homes. The provisions that regulate this land use district should protect, promote and maintain areas In Jeffersonville for existing and future housing growth. Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to protect this district from 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 3 to 4 dwelling units per acre community -wide In the "R1" district. 3.4 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 • residential facility for developmentally disabled (over 4 bedrooms) Business: Recreation • golf course Institutional/Public Facilities •public park/recreational center • church, temple, or mosque Communication/Utility •public well • telecommunication facility Miscellaneous •artificial lake or pond over one (1) acre in size •home occupation #2 Jeffersonville Zoning Ordinance Page 4 of 5 PC -13-29: 2032 Hamburg Pike "C2" District 4.15 "C2" District intent. Permitted Uses anti Special Exception Uses The "C2" (Medium 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 "C1" District to encourage a strong and stablo 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-iandscaped large parking lots, parking lots fronting major streets, and traffic conflicts in the "C2" District. ermitted Uses institutional/Public Facilities • 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 muffler 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 • leditatldental clinic Business: Personal Service •barber/beauty shop •drive-thru dry cleaning service •dry cleaning service •fingernaut 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 • home electronics/appliance store 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 sales (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 4-16 Jeffersonville Zoning Ordinance Page 5 of 5 PC -13-29: 2032 Hamburg Pike