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HomeMy WebLinkAbout2013-OR-54STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2013 -OR- J AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 301 WEST MAPLE STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM IS AND NC TO DC. Whereas, ARC Property Investment filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 301 West Maple Street and fully described in the attached Exhibit A from IS: Institutional Uses District and NC: Neighborhood Commercial District to DC: Downtown/Old City Commercial District; and, Whereas, on November 26, 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 December 16, 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 301 West Maple Street and fully described in the attached Exhibit A is hereby changed from IS: Institutional Uses District and NC: Neighborhood Commercial District to DC: Downtown/Old City Commercial District; 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 / Lr day of 032_0,01.4)4.h , 2013. Common Council Of The City of Jeffersonville, Indiana VOTED FOR: VOTED AGAINST: aivapovw 1111W1 r A. G VVI r, 13,7f • - 2 ,4;, - Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this / 7 day of I ?iNi c.` , 2013 at Le - Vicki Conlin City Clerk This Ordinance approved and signed by me this / 6d 2013 at Prepared by: Les Merkley Corporate Counsel Mike Moore, ayor 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 301 WEST MAPLE STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM IS AND NC TO DC NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 301WEST MAPLE STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM IS AND NC TO DC Notice is hereby given that the City of Jeffersonville 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 301 West Maple Street and fully described in Exhibit A from IS and NC TO DC. A public hearing will be held on December 16, 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. Les Merkley City Attorney Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF ARC Property Investment, LLC TO REZONE A CERTAIN TRACT 301 W. Maple Street FROM IS and NC to DC CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, ARC Property Investment filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from IS and NC to DC; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on November 26, 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 November 26, 2013 , the Jeffersonville Plan CommissionV„,,o«1,1r.�Q,,,,�„�,,,�5 C�-o)that the Jeffersonville Common Council enact by ordinance the Ooposed zoning designation change of the property from IS and NC to DC as requested in the petition of ARC Property Investment So certified this 26thday of November 13 J C s ua Rodriqu -z airman Exhibit A Legal Description "Lot Nos. 176, 177, 178 and 179 of the City of Jeffersonville, Clark County, Indiana" Vicinity Map STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: PC -13-42 Petitioner: ARC Property Investments Request: Rezoning from NC and IS to DC Location: 301 West Maple Street Parcel: 1.4 Acres — Parcels: 10-19-00-100-376.000-010 and 10-19-00-100-377.000-010 Hearing Date: November 26, 2013 Rezoning Request The applicant is requesting a rezoning property located at 301 West Maple Street (formerly the Rose Hill School). The property contains two parcels and 1.4 acres. The parcels are identified by the parcel numbers 10-19-00-100-376.000-010 and 10-19-00- 100-377.000-010. The property is currently zoned NC (Neighborhood Commercial) and IS (Institutional Uses). The requested zoning is DC (Downtown Commercial). History of Property • Originally Rose Hill Elementary School • Converted to a group home and catering facility • Purchased by API for mixed use development in 2013 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. Comprehensive Plan & Planning Districts The Jeffersonville Comprehensive Plan's Planning Districts Map identifies this property within Traditional Neighborhood Planning District. The Planning Districts' text describes the Traditional Neighborhood District as the following: Traditional Neighborhood: This form is characterized by predominately residential uses, by a grid pattern of streets with sidewalks and often including alleys. Residential lots are predominately narrow and often deep, but the neighborhood may contain sections of larger estate lots, and also sections of Tots 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 Page 1 of 7 PC -13-42: 301 Maple Street — Rezoning and opens 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 well as appropriately located and integrated neighborhood centers with a mixture of mostly neighborhood serving land uses such as offices, shops, restaurants and services. Although many existing traditional neighborhoods are fifty to one hundred and twenty years old, it is hoped that the Traditional Suburban Neighborhoods District will be revitalized under the new Comprehensive Plan. Revitalization and reinforcement of the Traditional Suburban Neighborhoods District will require particular emphasis on (a) preservation and renovation of existing buildings in stable neighborhoods (if the building design is consistent with the predominant design in those neighborhoods), (b) the preservation of the existing grid pattern of the streets and alleys, (c) preservation of public open spaces. • The zoning in the general adjoining areas are DC (Downtown Commercial), R3 (Old City Residential), M1 (Low Density Multifamily Residential). • The property is located directly across Mulberry Street from where the Big Four Bridge landing will be completed next spring. Staff's Guidance This older part of the city has a mixture of zoning classifications. However, DC is one of the most predominant. Staff believes rezoning these parcels to DC is consistent with the comprehensive plan and appropriate for area. Page 2 of 7 Figure 1: Vicinity Map for 301 West Maple Street PC -13-42: 301 Maple Street — Rezoning Commercial Corridor Overlay Boundary Downtown Bridge Right of Way Figure 2: Zoning Map for 301 West Maple Page3of7 Figure 3: Photo of Rose Hill School from Big Four Station PC -13-42: 301 Maple Street — Rezoning CONCEPTUAL ELEVATION 11 OS 2013 Figure 4: Conceptual Elevation AP! CONCEPTUAL ELEVATION Construction ARC Management 2 -LC LOFT I 1) LI 171 THE LOFT AT BIG FOUR STATION Page 4 of 7 Figure 5: Conceptual Elevation PC -13-42: 301 Maple Street — Rezoning "NC" District "NC•• District Intent. Permitt ed Uses. and Soada' EveantInn Irene 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 thst regulate this land use district should promote appropriate ;,commercial uses that are clearly nonconfiicdng with neighborhoods in Jeffersonville. Jeffersonville's Plan Commission -should strive to use this district sparingly and appropriately as a "spot tone" in the community. *he 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 n • 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 Business: Personal Service •barber/beauty shop • coin Laundry •gild 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) •theft store Mtscallanaoua •accessary uses Special Exception Uses Residential •dwelling, multifamily (upper stones) 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 wet • utility substation Miscellaneous • home occupation 01 Figure 6: NC Zoning "IS" District 4.1 "IS" Distinct intent, Permitted Uses, and Special Exception Uses t District latent The NS" (institutional Uses) (5iatrict fs Intended to provide a land use atsgory for institutionally owned lands, including state, county, ,and city facilities. The IS district Is also intended for social service ',tented uses; told similar nonprofit oast -public Institutions where e use is for public purpose is anticipirtted to remain so erinanerttdy. o Commission and Board of Appeals should encourage tutianal structures and uses et a standard for development ughout the planning trisdiction. Permitted U Instlt,udona+UPublic Fact • community center -church. temple or mosq • goverrxnent building •government office • library • museum ' police/tire station •post office • public/private parking area school •trades or business school Business; General Business = funeral home or mortuary l care institution (children's home) •nursing home *residential tacihty for the developmentally disabled (targe) *residential facility kw the menially ill IrfstltutionsifPuhlic Facilities cemetery or crematorium rug/alcohol rehabihriation clip rt • hospital • public paok/rstrestion center • recycling collection pant Business:General Business • airport • helped of heliport eight rail station •motor -bug station • railroad station C vq> xn u nka tion/Utfll ties *public well -sewage treatment plans -telecommunication facility •telepne exchange • utility substation Figure 7: IS Zoning Page 5 of 7 PC -13-42: 301 Maple Street — Rezoning "DC" District 4.9 "DC" District Intent. Permitted 1JsRA and Special Exceptlon Uses District Intent The "DC" (Downtown/Old City Commercial) District is intended to provide a land use category for normal commercial uses in the downtown. The provisions at regulate this land use district hound make the district compatible ith the "R3," "M1" and "M2" sidential districts, and "OC" and on ould strive to use this district only in the historic downtown area and its Immediate surroundings. Petitions in the "DC" district may be subject to the Historic District Ordinance and Historic Design Guidelines. The Plan Commission and Board of Zoning Appeals should strive to minimize parking lots in front of or between buildings, rather, encouraging parking behind buildings and on the street. Permitted Uses Residential • dwelling, single-family (upper floors) • dwelling, two-family (upper floors) •dwelling, multi -family (upper floors) Business: Auto Sales/Services • auto part sales (new) Business: Food Sales/Service • bakery, retail • delicatessen • restaurant Business: General Business • print shop/copy center Business: Personal Service •barber/beauty shop • coin laundry • dry cleaning service • shoe repair • tailor/pressing shop Business: Office/Professional • architecture firm • bank/credit union • design services *consulting firm • insurance office • investment firm »planning firm ;professional office reading clinic real estate office •secretarial service • service organization offices • temporary service agency title company avel agency usiness: Recreation ideo store usiness: Retail ntique shop pparel shop rt gallery "rt and craft studio `•nsignment store partment store brie shop wer shop rriiture store ift shop rdware store welry store ;uric store ws dealer/bookstore (not adult entertainment) • office supplies Permitted Uses (cont. Business: Retail (cont.) • resale store • shoe store • sporting goods store • variety store Miscellaneous • accesso , Vises„ pecial Exception Uses Residential •bed and breakfast facility •boarding house (owner -occupied) Institutional/Public Facilities • church, temple or mosque •community center • govemment office • museum • police/fire station • post office • public park/recreation cente •public/private parking area Business: Food Sales/Service • convenience store • farmers market Business: Office/Professional •drive-thru bank/credit union • drive-thru bank machine/ATM Business: Personal Service • drive-thru dry cleaning service Business: Recreation •bar/night club (not adult entertainment) -billiard/arcade room -dance/aerobics/gymnastics studio •karate studio 'lodge or private club -theater, indoor (not adult entertainment) Communication/Utilities •telecommunication facility Miscellaneous • home occupation #1 Page 6 of 7 Figure 8: DC Zoning PC -13-42: 301 Maple Street — Rezoning "DC" District 4.10 "DC" District Development Standards Minimum Lot Area: • 2,000 square feet Minimum Lot Width: • 25 feet Minimum Lot Frontage: • 25 feet on a Public Street with access from said Public Street Sewer and Water: • Requires municipal water or sewer hookup Accessory Structures Maximum Structure Height: • 40 feet for the Primary Structure • 15 feet for Accessory Structures Minimum Height: •Two Stories for all Primary Structures unless 2 or more structures on either side are single story Minimum Front Yard Setback: • 0 feet when adjacent to an Arterial • 0 feet when adjacent to a Local Street. Minimum Side Yard Setback: • 0 feet Maximum Side Yard Setback: • 0 feet Minimum Rear Yard Setback: • 0 feet for the Primary Structure • 0 feet for Accessory Structures Minimum Lot Coverage: • Square feet of all impervious areas, and primary and accessory structures, cannot be below 80% of the Lot Area Minimum Main Floor Area: -1,000 square feet for Primary Structures Minimum Floor Area Per Unit: • 850 square feet average per Dwelling Unit in a multiple -unit Primary Structure Additiitinal Development Standardsthat Apply Lot, Yard, and Density (LY) • LY -01 Page 7-3 Height (HT) • HT -01 Page 7-4 Accessory Structure (AS) • AS -01 Page 7-5 Fences and Walls (FW • FW -02 Page 7-8 Temporary Uses (TU) •TU -01 Page 7-9 •TU -03 Page 7-9 Home occupation (HO) • HO -01 Page 7-10 • H0-02 Page 7-11 Public Improvement (P1 • PI -01 Page 7-13 Landscaping (LA) • LA -01 Page 7-14 • LA -02 Page 7-15 • LA -04 - Page 7-18 Buffer Yard (BY) • BY -01 Page 7-19 Expressway Buffer (0) • EB -01 Page 7-24 Environmental (EN) • EN -01 Page 7-25 Floodplain (FP) • FP -01 Page 7-27 Performance (PF) • PF -01 Page 7-30 Lighting (LT) • LT -01 Page 7-31 General Signs (OS) • GS -01 Page 7-32 Temporary Signs (TS) • TS -02 Page -34 Permanent Signs (PS) • PS -04 Page 7-36 Parking (PK) • PK -06 Page 7-40 • PK -07 Page 7-41 • PK -08 Page 7-43 Loading (LD) • LD -01 Page 7-44 Entrances/Drives (ED) • ED -01 .....:: Page 7-45 Vision Clearance (VC) • VC -01 Page 7-47 Telecommunication Facilities (TC) • TC -01 Page 7-48 • TC -03 Page 7-51 • TC -05 Page 7-52 Special Exception (SE) • SE -01 Page 7-54 Miscellaneous (MC) • MC -02 Page 7-58 • MC -04 Page 7-58 • MC -05 Page 7-58 • MC -06 Page 7-58 • MC -07 Page 7-59 Page 7 of 7 Figure 8: DC Development Standards PC -13-42: 301 Maple Street — Rezoning