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Home My WebLink About2013-OR-47STATE 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 3111 E. Tenth Street and 3115 E. Tenth Street AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1 to C1. Whereas, ATT -JEFF, LLC filed a petition before the Jeffersonville Commission to change the zoning map designation of the real property located at 3111 E. Tenth Street and 3115 E. Tenth Street and fully described in the attached Exhibit A from R1: Low Density Residential to C1: Small to Medium Scale General Commercial; and, Whereas, on October 29, 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 November 4, 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 3111 E. Tenth Street and 3115 E. Tenth Street and fully described in the attached Exhibit A is hereby changed from R1 Low Density Residential to C1: Small to Medium 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 '9 day of /j00 001 -&-s'-- , 2013. Common Council Of The City of Jeffersonville, Indiana VOT I A31P3 1" A0 IVA WArgVa .1 iiMi/1 AL .1� J/ 6, , C - A ,AE,:410/1-6° Vicki Conlin City Clerk VOTED AGAINST: Connie Sellers, President Presented to me as Clerk to the Mayor of said City of Jeffersonville this _J day o , 2013 at This Ordinance approved and signed by me this 2013 at 2 ,b.30 . Prepared by: Les Merkley Corporate Counsel Vicki Conlin City Clerk 7 day NUt/E/rIL3E�. Mik Moore, Mayer STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF ATT -JEFF, LLC - PC -13-39 TO REZONE A CERTAIN TRACT 3111 E. TENTH STREET & 3115 E. TENTH STREET FROM R1 to C1 CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, ATT -JEFF, 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 R1 to C1 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on OCTOBER 29, 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! ED that on OCTOBER 29, 2013 , the Jeffersonville Plan Commission Qoro.)Lrecowc ('7 ,w,e -0) that the Jeffersonville Common Council enact by ordinance the Apposed zoning designation change of the property from R1 to C1 as requested in the petition of ATT -JEFF, LLC - PC -13-39 So certified this 29thday of OCTOBER , 20 13 . EXHIBIT A 3111 E. 10th Street Being in Grant No. 22 of the Illinois Grant, and more particularly described as follows: Beginning at the Grant corner common to Grants No. 12, 21 and 22, County of Clark, State of Indiana, thence North 50 degrees East along the Grant line between Grants No. 12 and 22, one hundred fifty-five and one-tenth (155.1) feet to a point in the center line of the Old Plank Road; thence North 5 degrees one thousand and twenty-three (1023) feet to a point in the center of the Oki Plank Road where said center line intersects the northern line of Graham Horlander's land; thence North 40 degrees West one hundred twenty eight (128) feet to a stake at the intersection of the North liter of State Road 62 and Graham Horlander's tract of land; thence South 5 degrees West four hundred thirty-three and six tenths (433.6) feet along said North right of way line of State Road 62 to a stake, the True Place of Beginning. Thence North 40 degrees West two hundred seventeen and eight tenths (217.8) feet to a stake; thence South 5 degrees West ninety one and five (91.5) feet to a stake, thence South 40 degrees East two hundred seventeen and eight tenths (217.8) feet to a stake in the said Northern right thence North 5 degrees East along said northern of way line of State Road No. 62; right of way line of State Road 62, ninety-one and five tenths (91.5) feet to a stake, the True Place of Beginning, containing .04 acre. 3115 E. 10TH Street Being part of Grant No. 22 of Clark County, Indiana. Beginning at the Grant Corner common to grants 12, 21 and 22, County of Clark, State of Indiana, Thence north 50 deg. East along the grant line between grants 12 and 22, One Hundred fifty-five and on tenth (15 5.10) feet to a point in the center line of the Old Plank Road; thence north 5 deg. One Thousand and twenty three (1023.0) feet to a point in the center line of the Old Plank Road where said center line intersects the Northern line of Graham Horlander's land; thence north 40 deg. West one hundred twenty-eight (128) feet to a stake at the intersection of the North line of State Road #62 and Graham Horlander's tract of land; thence South 5deg. West 342.1 feet along said Northern right of way line of State Road #62 to a stake, the true place of beginning; thence North 40 deg. West 217.8 feet to a stake; thence South 5 deg. West 9I.5 feet to a stake; thence South 40 deg. East 217.8 feet to a stake; thence North 5 deg. East 91.5 feet to the true place of beginning, containing 0.45 acres, more or less. STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: PC -13-39 Petitioner: Att-Jeff, LLC Request: Rezoning from R1 to C1 Location: 3111 & 3115 E. 10th Street Parcel: 0.647 acres - Parcels 10-19-02-200-375.000-009 & 10-19-02-200- 376.000-009 Hearing Date: October 29, 2013 Rezoning Request The applicant is requesting a zoning map amendment for two properties that combined form a 0.647 acre parcel that is located at the intersection of 10th Street and Douglas Boulevard. These properties are currently zoned R1 (Low Density Residential). The applicant is requesting that the property be rezoned to C1 (Small to Medium Commercial). These properties are in the Commercial Corridor Overlay District and any new development is required to have the development plan approved by the Plan Commission. Property Location and Description The homes on these two properties were built in 1940 and, had been occupied until recently. Individually the lots are not big enough for commercial development, but their appeal as residences has obviously decreased as the area has developed and 10th Street traffic has increased. Project Site - 3111 & 3115 E. 10th Street er Drive Rite-Aid Intersection of Allison Lane and 10th Street Page 1 of 5 Figure 1: Vicinity Map PC -13-39: 3111 & 3115 E. 10th Street 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. These properties are the last remaining residentially -zoned parcels on 10th Street in this area. Most of the commercial property is zoned C2, but a few properties nearby are zoned 01. The minimum lot size for the C2 district is 2 acres while in the 01 district the minimum is 0.45 acres. 111 4 1••• e / )00*** _••;# Subject property — Low Density Residential (R1) Medium Density Multifamily Residential (M2) Commercial Corridor Overlay District Figure 2: Zoning Map Comprehensive Plan & Planning Districts The Jeffersonville Comprehensive Plan's Planning Districts Map identifies this property as being in the Suburban Neighborhood District. This district is described as follows: Page2of5 PC -13-39: 3111 & 3115 E. 10th Street "The Suburban Neighborhoods District is characterized by predominantly residential uses that vary from low to high density and that blend compatibly into existing landscape and neighborhood areas. High-density uses will be limited in scope to minor or major arterials and to area that have limited impact on the low to moderate density residential areas... The district may contain open space and, at appropriate locations, civic uses and neighborhood centers with a mixture of uses such as offices, retail shops, restaurants and services. These neighborhood centers should be at a scale that is appropriate for nearby neighborhoods. The district should provide for accessibility and connectivity between adjacent uses and neighborhoods by automobile, pedestrian, bicycles, and transit." Attachments 1. R1 District Intent 2. C1 District Intent 3. Survey of the Property Page 3 of 5 PC -13-39: 3111 & 3115 E. 10th Street "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 Pian 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. Permitted Uses Residential • child care home (owner -occupied) • dwelling. single family • residential facility for developmentally disabled (4 bedrooms or Tess) • residential facility for mentally ill (4 bedrooms or Tess) 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 3-4 Jeffersonville Zoning Ordinance Page 4 of 5 PC -13-39: 3111 & 3115 E. 10th Street "Cl" District 4.13 "Cl" District Intent, Permitted Uses, and Special Exception Uses District Intent The "C1" (Small to Medium Scale General Commercial) District is intended to provide a land use category for most small 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. Jeffersonville's Plan Commission should strive to use this district with the "C2" District to encourage a strong and stable 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, parking Tots fronting the major streets, and traffic conflicts in the "C1" District. Permitted Uses Business: Auto Sales/Services • auto body repair shop •auto parts store • auto wash (automatic and self) • oil change service (enclosed) Business: Food Sales/Service • bakery retail • convenience store (without gas pumps) • delicatessen • drive-in restaurant • drive-thru restaurant • grocery/supermarket • meat market • restaurant Business: Recreation • bar/night club (not adult entertainment) • billiard/arcade room • bowling alley • dance/aerobics/gymnastics studio • theater, indoor (not adult entertainment) • video store Business: Office/Professional • bank/credit union •drive-thru bank machine/ATM • insurance office • real estate office • travel agency • office complex • professional offices Business: Personal Service • barber/beauty shop • coin laundry • child care center (day care) •drive-thru dry cleaning service • dry cleaning service • fingernail salon • shoe repair • tailor/pressing shop • tanning salon Business: Retail • antique shop • apparel shop • drug store •electrical supplies • fabric shop • floor coverings • flower shop • furniture store •garden shop •gift shop • hardware store • home electronics/appliance store •jewelry store • liquor sales • music store Permitted Uses Business: Retail (cont.) • news dealer/bookstore (not adult entertainment) • office supplies • paint store • shoe sales store • sporting goods • variety store Miscellaneous •accessory uses Special Exception Uses Business: Auto Sales/Services • auto service station Business: Food Sales/Service •convenience store (with pumps) • open, unenclosed business (farmer's market, etc.) Business: Office/Professional • contractor office • landscape business Business: Recreation • lodge or private club • miniature golf • public docks • theater, outdoor (not adult entertainment) Business: Retail •kennel (commercial) • satellite dish sales/service Communication/Utilities •telecommunication facility 4-14 Jeffersonville Zoning Ordinance Page 5 of 5 PC -13-39: 3111 & 3115 E. 10th Street CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley, Corporation Counsel/Director of Legal Affairs 812-285-6493 office 812-285-6403 fax www.eityotjeff net Jeffersonville City Hall 500 Quartermaster Court, Suite 250 Jeffersonville, Indiana 47130 BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA IN THE MATTER OF THE ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 3111 E. TENTH STREET AND 3115 E. TENTH STREET FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM RI TO Cl NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 3111 E. TENTH STREET AND 31.15 E. TENTH STREET ANI) FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1 to C1 Notice is hereby given that the City ofJeffersonville has filed Ordinance with the Jeffersonville City Council, Jeffersonville, Indiana asking for a change in the zoning map designation of a certain tract of property located at 3111 E. Tenth Street and 3115 E. Tenth Street and fully described in Exhibit A from RI TO Cl. A public hearing will be held on November 4, 2013 at 7:00 p.m. in the City Council Chambers, 1st floor, City Hall, 500 Quartermaster Court, Room 101, Jeffersonville, Indiana at which time and place all interested persons will be heard in reference to the matters set out in said ordinance. An equal opportunity employer. Les Merkley City Attorney Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423