The URL can be used to link to this page

Home My WebLink About2014-OR-9STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2014 -OR- 9 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 130 RIVERSIDE DRIVE, UNIT B AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM NC TO DC Whereas, Sprigler Company filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 130 Riverside Drive, Unit B and fully described in the attached Exhibit A from NC: Neighborhood Commercial to DC: Downtown 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 130 Riverside Drive, Unit B and fully described in the attached Exhibit A is hereby changed from NC: Neighborhood Commercial to DC: Downtown 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 111(10.9r‘ 2014. Common Council Of The City of Jeffersonville, Indiana VOTED F : VOTED AGAINST: Vicki Conlin, Clerk City of Jeffersonville Dennis moi; President Presented to ►�e as Clerk to the Mayor of said ity of Jeffer'onville this day o 11� i1 - , 2014. Vicki Conlin, Clerk City of Jeffersnville This Ordinance approved and signed by me this 6' 2014. Prepared by: Les Merkley Corporate Counsel Mik Moore, May STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Sprigler Company PC -14-06 TO REZONE A CERTAIN TRACT 130 Riverside Drive, Unit B - Parcel #10-19-00-102-970.000-009 FROM NC (Neighborhood Commercial) to DC (Downtown Commercial) CERTIFICATION 0 - FAVORAB /UNFAVORABLE/NO RECOMMENDATION ' ' • POSED ORDINANCE Whereas, Sprigler Company filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from NC to DC ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public 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 CERTED that on February 25, 2014 , the Jeffersonville Plan Commission L..)c.c.ctbk cecomotaras 6-o that the Jeffersonville Common Council enact by ordinance the prposed zoning designation change of the property from NC to DC as requested in the petition of Sprigler Company So certified this 25thday of February , 2014 Chairman z Josh Rodrique • STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: PC -14-06 Location: 130 Riverside Drive, Unit B Petitioner: Sprigler Company Request: Rezoning from NC (Neighborhood Commercial) to DC (Downtown Commercial) Parcel: 10-19-00-102-970.000-009 — 9,000 square feet Hearing Date: February 25, 2014 Rezoning Request The applicant has requested a zoning map amendment that would change the zoning district for one parcel. The property is presently zoned NC (Neighborhood Commercial). The requested zoning is DC (Downtown Commercial). The parcel is 9,000 square feet and has 25 feet of frontage on Riverside Drive. Property Location This parcel is located in the middle of the 100 block of West Riverside Drive. The adjacent properties are occupied by a restaurant (Olive Leaf Bistro) and a mutli- family residence. The flood wall and alley are at the rear of the property. Cluckers Restaurant Big Four Bridge Page 1 of 8 Figure 1: Vicinity Map Riverstage & Terrace Lawn 130 Riverside Dr., Unit B Intersection of Riverside Drive and Pearl Street PC -14-06: 130 Riverside Drive — 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 Property in the downtown area is mostly regulated by five zoning districts: R3, M1, M2, NC, and DC. The Historic District has additional standards and its own plan review process. Historic District Medium Density Multifamily (M2) Old City Residential (R3) Figure 2: Zoning Map Downtown Commercial (DC) Low Density Neighborhood Multifamily (MI) Commercial (NC) Comprehensive Plan This property is in the Downtown Historic District and the Comprehensive Plan provides the following guidance: "The form is characterized by its location near the center of the population it serves. The district is comprised predominantly of office, commercial, civic, Page 2 of 8 PC -14-06: 130 Riverside Drive — Rezoning high-density residential and cultural uses. It has a grid pattem of streets designed to accommodate a Targe volume of vehicular traffic and public transportation. There are provisions for on -street and long-term parking of vehicles and for substantial pedestrian and non -vehicular movement within the district. Building are generally the greatest in volume and density in the metropolitan area, and there is public open space including plazas and squares. The Downtown Historic District should give identity to the whole community and should provide for a mixture of high density and intensity uses. Unlike the other community forms, the Downtown Historic District is already a geographically defined area that resembles the National Historic District." Condition and Character of the District Properties in the downtown area have various styles, setbacks, and uses. Both the NC and DC districts allow a wide range of uses, but the NC district requires larger setbacks. The NC district seems to be common for comer Tots that are not on Spring Street. The subject property is fairly narrow and the existing building is setback only a few feet from the Riverside Drive right-of-way. Page 3 of 8 Figure 3: Existing Building (Front) PC -14-06: 130 Riverside Drive — Rezoning Figure 4: Existing Building (Rear) Attached Plans & Documents: 1. NC District Intent 2. NC District Standards 3. DC District Intent 4. DC District Standards Page 4 of 8 PC -14-06: 130 Riverside Drive — Rezoning "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 commerclal uses that are clearly nonconflicting with neighborhoods ki Jeffersonville. Jeffersonville* Pian Commission should strive to use this district sparingly and appropriately as a %pot zone" in the community+ The Plan Commission and Board of Zoning Appeaishouid also strive to eitdtide tfslnesass (rem the "NO" distr cit at are not family oriented or that have air adverse effect on the existing or future adjacent neighborhoods. 4-6 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 Business: Personal Service • barber/beauty shop •coin laundry *child cam 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 Jeffersonville Zoning Ordinance Page 5 of 8 PC -14-06: 130 Riverside Drive — Rezoning "NC" District 4.6 "NC" District Development Standards LW Width Property ' Une F-- Lot Frerllegs —H R.O.W. R.O.W./ • As DeMod on Thom/Owe Pen Minimum Lot Area: • 6,000 square feet Maximum Lot Area: • 20,000 square feet Minimum Lot Width: • 60 feet Maximum Lot Depth: • 2 times the Lot Width Minimum Lot Frontage: • 50 feet on a Public Street with access from said Public Street or rear alley Sewer and Water. • Requires municipal water and sewer hookup Accessory Structures Flat Roof Structures Gable Roof Structures (from highest (from highest gable roof) section of eat roof) Maximum Structure Height: • 28 feet for the Primary Structure • 15 feet for Accessory Structures Side Yard Selbad' 6ueding I Rear Envelope\ Yard Setbdwh R.o.W. O.W. • M Dawned on Thonwohran Pen Minimum Front Yard Setback: • 20 feet when adjacent to an Arterial • 15 feet when adjacent to a Local Street Minimum Side Yard Setback: • 12 feet for the Primary and Accessory Structures Minimum Rear Yard Setback: • 12 feet for the Primary and Accessory Structures Maximum Lot Coverage: • Square footage of all primary and accessory structures, and impervious surface cannot exceed 70% of the Lot Area Minimum Main Floor Area: •800 square feet for Primary Structures Maximum Main Floor Area: • 7,000 square feet for Primary and Accessory Structures combined Additional Development Standards tha#,.4ppIy • Lot, Yard, and f pndty jLY) y�61 age • Hi' -D1 t (HT) Page:? -4 •A1 n-01 an Weiliaf Wi-S • FW� (P%� •TU -01 Page 7-9 '11-1-03 , Page 7-9 • Public knpbv,�Pagge 713 • LA-001kcaping Page 7-14 • LA -02 Page 7.15 • LA -04 Page 7-18 Buffer Yard (BY) • BY -01 Page 7-19 • EB -01 BPsway age 7-24 EN Orronnmentafgag) trage 725 •PPM="1•r)page 17 7-27 F S !•11!1@Mw�1Y1/ Performance (PF) •1 l 1 {R• aIj Paige 7-48 P!:-01.. ....: Page 730 r TC 03 .:. .. Page 7.51. L; hta g (i.T)ipt)ol►+ ;SE) • L -01 Page 731 •P 7.54 ,1"' .'inaS9Sr asiage 7-32 • C page 7-58 Ternpprary Signs (1S) • MC -04• Page 7-58 • WV Page 734 *.M 05 ... ......Page 7-58 Permanent Slgns (PS) • MC -06 Page 7-08 •PS -03 Page 7-35 • MC -07 Page 7-59 Parking (PK) • PK -06 Page 7-40 • PK -07 Page 7.41 • PK -08 Page 7-43 Loading (LD) • L0-01 Page 7-44 Entrances/Drives (ED) ED -01 Page 1-45 Article Four: institutional and Commercial Zoning Districts 4-7 Page 6 of 8 PC -14-06: 130 Riverside Drive — Rezoning "DC" District 4.9 "DC" District Intent, Permitted Uses, and Special Exception 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 that regulate this land use district should make the district compatible with the "R3," "M1" and "M2" residential districts, and "OC" and "C1" commercial districts. Jeffersonvflle`s Plan Commission should Strive tp use this :district only Inthe historic downtown area and its Immediate surroundings. Petitions In the "DC".distrlct may be subject to the I latorl„ DI,trict °rdlnancs and.Hlstoric "Msign Guidelines. The Plan Co00401011°B mission and Board of Zonin Appeals sh�Ovid.s lve to minlm parking do in front of or ba en. nillding ;rather, encouraging parking behind buUdings and on tiro street.. 4-10 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 fine •professional office • reading clinic • real estate office • secretarial service service organization offices *temporary service agency • title company •travel agency Business: Recreation • video store Business: Retail • antique shop apparel shop • art gallery • art and craft studio • consignment store • department store • fabric shop *flower shop • furniture store • gift shop • hardware store •Jewelry store • music store • news dealer/bookstore (not adult entertainment) • office supplies Permitted Uses (cont.) Business: Retell (cont.) • resale store • shoe store • sporting goods store • variety store Miscellaneous • accessory uses Special 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 center • 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 Jeffersonville Zoning Ordinance Page 7 of 8 PC -14-06: 130 Riverside Drive — Rezoning "DC" District 4.10 "DC" District Development Standards Property Line / I--- Lot frontage --1 R.O.W. / R.O.W.•As Wood on 7kaougtdan Pion 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 rammoical is exams wmn ys.r. Flat Roof Structures Gable Roof Structures (trot" highest (horn highest gable roof) secgon of flat roof) 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 Side Yard Setback; : Building Yard Rear SeWock R.O.W. P.O.W. • M Ddned on ThopugNer. Pion 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 P f /// R.O.W. I e Pion 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 Stnictures Minimum Floor Area Per Unit: • 850 square feet average per Dwelling Unit in a multiple -unit Primary Structure • Additions Lot Yard, and Dtli$ity (LY) • LY 1 PaQe.77.3 • Height(HT) Page y.4 i A�sory Structure (AS 0807 • FW-02.....0and ..YallP OW) Dnp . .,P e 7-8 • 11 j U-01 ovary UttisPa P 79 •TU -03 Page 7.9 • Home occupation (e 0110 • H0-02 Page l-11 P-0Wic improvement _(P1) • 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 1_ Development Standards that Apply . • . way Boor (g7-2 • Ep-01�es Foie 4 .. P . -4p ' n lP eT25 •y(`, 1 O rwfic�l 7 7 F,age floodplain (FP) • FP -01:. Page 7-27 1PalaiirTC) Pernta a (P) • TC -01 Page 748 • PF - 01 Page 7-30 • TC:03 Page 7-51 Lighting (LT) • TC 05 Pie`7-52 • LT --01... Page 7-31 Special Except Oa) Gginat1l) Signs (GS) • SE -01... age 7.54 • 0S-01.... ... Page 7-32N1iS004negiue ��) Temporary Signs S) ' MC -02 Page 7-58 • TS -02 • Page 34 • MC -04 Page 7-58 Pemanent Signs (P8) • MC -05 Page • PS -04 Page 736 • MC -06 Page7 8 • PK -06 Parking (PK) Page 7-40 • MC -07 Page 7-59 • PK-07...............Page 7-41 • PK -08 Page 7-43 Loading (LD) • L0-01 Page 7-44 Artkle Four: Institutional and Commercial Zoning Districts 4-1 1 Page 8 of 8 PC -14-06: 130 Riverside Drive — Rezoning CITY OF JEFFERSONVILLE 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 130 RIVERSIDE DRIVE, UNIT B AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM NC TO DC NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 130 RIVERSIDE DRIVE, UNIT B AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM 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 130 Riverside Drive, Unit B and fully described in Exhibit A from NC to DC. A public hearing will be held on March 3, 2014 at 7:00 p.m. in the City Council Chambers, 1floor, 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