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Home My WebLink About2014-OR-8STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2014 -OR- 3' AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1416 SPRING STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM IS TO C2 Whereas, Dustin Stocksdale filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 1416 Spring Street and fully described in the attached Exhibit A from IS: Institutional Uses to C2: Medium to Large General Commercial and, Whereas, on February 25, 2014 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 March 3, 2014; 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 1416 Spring Street and fully described in the attached Exhibit A is hereby changed from IS: Institutional Uses to C2: Medium to Large 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 0 day of 1-Y1(1)\6\ , 2014. Common Council Of The City of Jeffersonville, Indiana A EST; 4 / j Vicki Conlin, Clerk City of Jeffersonville 2yyjOTED AGAINST: A»7lij,7M4 Dennis, ius, President Presented to me as Clerk to the Mayor of said City of Jeffersonville this Al day ofulY . 0j) , 2014. �flFi' P2/„, Vicki Conlin, Clerk City of Jeffers nville This Ordinance approved and signed by me this (J' da o V\A tArtA. 2014. Prepared by: Les Merkley Corporate Counsel Mik! Moore, Mayor STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Dustin Stocksdale PC -14-04 TO REZONE A CERTAIN TRACT 1416 Spring Street - Parcel #10-19-00-102-458.000-010 FROM IS (Institutional Uses) to C2 (Medium to Large General Commercial) CERTIFICATION FAVORABLE/ NFAVORABLE/NO RECOMMENDATION OSED ORDINANCE Whereas, Dustin Stocksdale 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 to C2 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a 13ublic hearing on the petition on February 25, 2014 ; 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 February 25, 2014 , the Jeffersonville Plan Commission ce.c o S (0-0 that the Jeffersonville Common Council enact by ordinance theiiroposed zoning designation change of the property from IS to C2 as requested in the petition of Dustin Stocksdale So certified this 25thday of February ,2014 . • STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: PC -14-04 Location: 1416 Spring Street Petitioner: Dustin Stocksdale Request: Rezoning from IS (Institutional Uses) to C2 (Medium to Large Commercial) Parcel: 10-19-00-102-458.000-010 Hearing Date: February 25, 2014 Rezoning Request At their December 3, 2013, meeting the Board of Zoning Appeals approved a special exception use for auto sales with limited mechanical services and a development standards variance for this property. This project included two parcels but when staff noticed that one of the parcels was not zoned for commercial uses it was too late to put it on the agenda of the Plan Commission's December meeting. The Board's approval was conditional and they requested that the second parcel obtain the same zoning as the main parcel (zoned C2). Property Location 1416 Spring Street contains two parcels — The parcel abutting Spring Street is zoned C2 and the rear parcel is zoned IS. Intersection of 14th Street and Spring Street Page 1 of 5 Figure 1: Vicinity Map PC -14-04: 1416 Spring Street — Rezoning 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. Zoning Map Low Density Multifamily Residential Old City Residential Residential (R3) Subject property — Institutional Uses (IS) Commercial Corridor along Spring Street Figure 2: Zoning Map Comprehensive Plan This property is identified on the future land use map for commercial uses and is in the 14th Street Gateway planning district. Infill development within this area should be contemporary in nature to reflect current development trends. Attached Plans & Documents: 1. Site Plan 2. IS Zoning District 3. C2 Zoning District Page 2 of 5 PC -14-04: 1416 Spring Street — Rezoning "IS" District 4.1 IS" District Intent, Permitted Uses, and Special Exception Uses Permitted. Uses InetitutioeaUPublic Facilities *community center • church, temple or mosque •govemment building • govemment office Wren/ • Museum. • police/fire station r post office • pqb licolprivate parking area • school • tre%le or business school General euslnese • funeral home or Mortuary Special Exception Uses Residential • child care institution (children's home) • nursing home • residential facility for the developmentally disabled (large) • residential facility for the mentally ill InatitutlonallPublic Facilities • cemetery of crematorium •drug/alcohol`rehabilitation clinic • hospital • public park/re-Creation center • recycling collection point • Business:iGeneral Businese • helipad or heliport • light rail station • motor -bus station • railroad station GolnmunlcatlonNtllitles • public well • sewage treatment plant •teiecommunioation facility • telephone exchange • utility substation 4-2 Page 3 of 5 Jeffersonville Zoning Ordinance PC -14-04: 1416 Spring Street — Rezoning "C2" District 4.15 "C2" Dlstrict Intent, Permitted Uses, and Special Exception Uses District Intent The "C2" (Medium to. Large Scale General Commercial) Dlstrict 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 "R9," "M1" and "M2" residential districts. However, buffering should be provided between this district end any residential district. Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to use ibis district with the "C1" Qletrict to encourage a strong and stable area for commerce:. The Plan Gorrunlssionand Board of 40109 APPOlihF should net encourageenOoartigtritrip development", rather 1104160thebt in blusters whlchshpiie resources. and mittinilie the colt of publlc utgitles and services. The Plan Commission and Board of Zoning Appeals should else stthie to titinlrpite lighting, 00•10000000 10f00 Parking 14m, parking lots fiionting major streets, lrnd traffic conflicts In the "C2'' Dlstrict.. 4-16 Permitted 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 machinelATM • drive-thru bank/credit union • office complex • medical/dental clinic Business: Personal Service • barber/beauty shop • drive-thru dry leaning service *dry cleaning service •fingernail salon • fitness center/gym • heal,apa • tanning salon Staines*: 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 • fumiture store •endosed 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 sates (motor home sales) Business: Food Sales/Service •convenience store (with gas pumps) Business: General Business • airport boat sales/service •funeral home or mortuary • helped or heliport •light rail station •sign painting/fabrication •mini -storage facility (mini warehouse) • motor bus station • railroad station Business: Recreation -bail 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 Page 4 of 5 Jeffersonville Zoning Ordinance PC -14-04: 1416 Spring Street — Rezoning Parcel zoned IS Parcel zoned C2 1 Proposed Plot Plan SCALL: 1" - Discount Auto Warehouse 1414 & 1416 Spring Street Jeffersonville, IN November 22, 2013 Page 5 of 5 PC -14-04: 1416 Spring Street — Rezoning • We have been granted the homes by the Jeffersonville Redevelopment Commission; • We are here seeking development standards on the requirement for the maximum 0 lot line and the two story height requirement and the 80% lot coverage; • We are seeking a variance on the side yard setback, a 0 lot line would not be conducive to the layout of these buildings; • Feel like this fits in line with the current neighborhood; and • Previously there had been six structures on this lot. Marty Chalfant excused himself from the meeting. No phone calls or letters were received in opposition or in favor of this application. Thereafter, the Board made the Following Findings of Fact: 1. The variance of the development standards would not be injurious to the public health, safety, moral, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the variance would not be affected in a substantially adversely affected; and 3. The strict application of the terms of the Ordinance would result in a practical difficulty. This situation shall not be self imposed, nor be based on a perceived reduction of or restriction of economic gain. Based on the findings described above, the Board approved the Development Standards Variances on a vote of 3-0 as presented. Marty Chalfant returned to the meeting. e) BZA-13-58 The next item to come before the Board is an application filed by Dustin Stocksdale for a special exception use and development standards variance for property located at 1416 Spring Street. The proposed use of the property is auto sales with limited mechanical services and this is a special exception use in Article 4.15 of the Zoning Ordinance. The applicant is requesting a variance from the fence standards to allow an eight -foot fence in lieu of the six-foot maximum. The property is zoned C2 (Medium to Large Scale General Commercial) and is in the Commercial Corridor Overlay District. Chad Sprigler appeared before the Board confirmed he received the oath and stated the following: • The building has been vacant since 2008; Jeffersonville Board of Zoning Appeals Meeting — December 3, 2013 Page 10 of 17 • The building is roughly 8,000 square foot of warehouse space and a small office area; • Set up for a automotive company; • All repairs will be conducted inside; • Will be set up for an indoor showroom and a few outdoor sales; • Will have parking spaces for customers and added landscaping at the front of the property and at the rear of the property; • We have pulled the variance for the fence, we will install a 6' fence instead of the 8' fence; • The fence will be a wooden shadow-box fence with landscaping; • Will be replacing the siding on the building and also repainting the facade; • Will repair the structural damage to the building and install a new awning; • Will be replacing the roof and cleaned the property up in general; and • Would like to keep the driveway gravel but will clean it up and maintained in good condition. Shane Corbin stated that the back of the property is zoned IS (Institutional Uses) and a parking lot is a permitted use, the front of the property is zoned C2 (Medium to Large Scale General Commercial). When we originally reviewed the plans we considered the parking area an accessory to the primary use but after discussing this with Les Merkley we are requesting the applicant to have the back of the property rezoned to C2. Shane Corbin stated that if you approve the Special Exception for the auto sales would be for the front lot, which could be done tonight, the rear lot will be contingent upon a zoned change to C2. Mike McCutcheon made a motion that the Special Exception is contingent upon the rezoning of the rear of the lot to C2 seconded by Josh Rodriquez. Motion passed on a vote of 4-0. No phone calls or letters were received in opposition or in favor of this application. Thereafter, the Board made the following Findings of Fact: 1. The special exception will not be injurious to the public health, safety, moral, and general welfare of the community; 2. The requirements and development standards for the requested use prescribed by this Ordinance will be met; 3. Granting the special exception will not subvert the general purposes of the Zoning Ordinance and will not permanently injure other property and uses in the same district; and Jeffersonville Board of Zoning Appeals Meeting — December 3, 2013 Page 11 of 17 4. The proposed use will be consistent with the character of the district therein, the spirit and intent of the Zoning Ordinance, and the Jeffersonville Comprehensive Plan. Based on the findings described above, the Board approved the Special Exception Use on a vote of 4-0 with the following conditions: > No junk vehicles are allowed at the front or rear of the property; and > All repairs on vehicles must be conducted indoors. f) BZA-13-60 The next item to come before the Board is an application filed Champion Trucking Company, Inc. for a Development Standards Variance from Article 7.13, Environmental Standards, for property located at 4900 Keystone Boulevard. The request is to allow an above -ground diesel fuel storage tank to be installed. The property is zoned I1 (Business Park/Light Industrial). Mark Jacobi appeared before the Board confirmed he received the oath and stated the following: • Proposing an onsite storage fuel tank; • This will allow him to fuel his trucks on site; and • The will save the company a lot of time and money. No phone calls or letters were received in opposition or in favor of this application. Thereafter, the Board made the Following Findings of Fact: 1. The variance of the development standards would not be injurious to the public health, safety, moral, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the variance would not be affected in a substantially adversely affected; and 3. The strict application of the terms of the Ordinance would result in a practical difficulty. This situation shall not be self imposed, nor be based on a perceived reduction of or restriction of economic gain. Based on the findings described above, the Board approved the Development Standards Variance on a vote of 4-0 as presented. g) BZA-13-61 Jeffersonville Board of Zoning Appeals Meeting — December 3, 2013 Page 12 of 17 Exhibit A niter _I Being a part of Block 1148 in the City of Jeffersonville, Clark County, Indiana, and being further described ars follows: Beginning at an iron pipe on the north corner of said Block 1148, same being the southwest corner of Fifteenth and Locust Streets: Thence S31 deg. 11'08"E.,; along the western line of Locust Street, 147.81 feet to an iron pipe, THE . TRUE PL►CE OF BEGINNING. Thence continuing 8.31 deg. 11'08"E., along said western line, 50.00 feet to an iron pipe. Thence 8.58 deg. 44/35"W., (passing through iron pipes at 150.00 feet and 180.00 feet, 190.60 feet to an iron pin on an eastern corner of an alley Thence N.31 deg. 11/08"W., along the eastern side of said alley, 34.1 feet to a drill hole in a concrete walk; Thence N.58 deg. Thence N.31 deg. Thence N.58 deg. OF BEGINNIPIG. 44'35"E., 11'08"4., 44'35"E.. 40.6 feet to an iron pipet 15.9 feet to an iron pipe; 150.00 feet to THE TRUE P Containing 8884 square feet, more or less, and being subject to a].1 easements of record. The above description has been prepared from existing deeds for the purpose of consolidation of Kay numbers 19- 52-06. 19-52-10, 19-52-11, 19-52-12, 19-52-71 and 19-52- 74 and being the same tracts of land described in. Deed Drawer 18, Instrument 10093 and Instrument 10094 of said. county records. Parcel Number: 10-19-00-102-458.000-010 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 1416 SPRING STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM IS TO C2 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED .AT_.1416 SPRING STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM IS TO C2 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 1416 Spring Street and fully described in Exhibit A from IS to C2. A public hearing will be held on March 3, 2014 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