HomeMy WebLinkAbout2014-OR-39STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE 2014 -OR- 39
AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF 6 PARCELS OF LAND
LOCATED IN 200 WEST BLOCK OF COURT AVENUE -BLOCK 27 AND FULLY DESCRIBED IN
ATTACHED EXHIBIT A FROM M1 AND R3 TO DC
Whereas, Jeffersonville Redevelopment Department filed a petition before the
Jeffersonville Plan Commission to change the zoning map designation of 6 parcels of land
located in 200 West Block of Court Avenue -Block 27 and fully described in the attached Exhibit
A from M1 and R3 to DC: Downtown Commercial; and,
Whereas, on July 29, 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 August 4,
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 6 parcels of land located in 200 West Block of Court
Avenue -Block 27 and fully described in the attached Exhibit A is hereby changed from M1 and
R3 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 '4 day of August, 2014.
Common Council Of The City of Jeffersonville, Indiana
VOTED AGAINST:
AFfEST:
CAL
Dennis Julius, ' -sident
Vicki Conlin
City Clerk ,
Presented to me as Clerk to the Mayor of said City of Jeffersonville this `/
day of August, 2014.
s-CAQA COOL --
Vicki Conlin
Iity Clerk
This Ordinance approved and signed by me thi_
2014.
Prepared by:
Les Merkley
Corporate Counsel
day •f Aust,
Mike oore, Mayor
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE PLAN COMMISSION
IN RE THE APPLICATION OF
Jeffersonville Redevelopment Department PC -14-20
TO REZONE A CERTAIN TRACT
Multiple properties described in Exhibit A
FROM M1 and R3 to DC(Downtown Commercial)
CERTIFICATION O FAVORABL NFAVORABLE/NO RECOMMENDATION
OPOSED ORDINANCE
Whereas, Jeff. Redevelopment Dept. filed a petition before the Jeffersonville Plan
Commission to change the zoning designation of the property described in attached
Exhibit A (the "Property"), from various to DC ; and,
Whereas, after proper notice by publication, the Jeffersonville Plan Commission
held a public hearing on the petition on July 29, 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 CERTIED that on July 29, 2014 , the
Jeffersonville Plan Commission .)or bl c,e ".c s (c -o) that the Jeffersonville
Common Council enact by ordinance the pYoposed zoning designation change of the
property fromM] and R3 to DC as requested in the petition of
Jeffersonville Redevelopment Dept. PC -.14-20
So certified this 29thday of July , 2014
Exhibit A
Legal Description of Five Properties
217 W Court Ave
LEGAL DESCRIPTION
The following described real estate and the improve mcnts thereon situated In the City of
Jeffersonville, County of Clark, State of Indiana, to -wit: From the intersection of the
northeastedy line of Mulberry Street with the northwesterly line of Maple Street, measure
northeasterly 30 feet alopg the northwesterly line of Maple Street to the northeasterly
property -line -of lire4owsvllic--& -Jeffersonville -Bridge-and-Railroad--Company;
deflecting 90 degrees to the left rneas=re northwesterly 150 feet along said northeasterly
Iop! y line, said pr'a:PA;ly ilae . parallel with and 30 feet distant measured
northeasterly and gat aright anglee from c northeasterly line of Mulberry Street; thence
deflecting 90 degrees to ,the right, measure northeasterly 6 feet to the place of beginning;
thence deflecting 9¢ to the lcit, measure northwesterly 299 feet to the southeasterly
line of Court Street, pr,evioyis1y known as New Market Street; said last described course
being parallel with and 36 feet distance measured northeasterly at right angles to the
northerviterly lire of Mulberry . Street; thence deflecting 90 degrees to the right, measure
northeasterly 70.2 feet along the southeasterly line of Count Stnee , thence deflecting 90
degrees to the right, measure southeesterty 110 feet; thence deflecting 90 degrees to the left,
measure northeasterly 65.6 feet; thence deflecting 90 degrees to the right, measure
southeasterly 64 feet; thence diglec ting 90 degrees to the lett, 3neasure northeasterly 28.2
feet;; thence deflectig 90 degrees to the right, measure southeasterly 62 feet; thence
deflecting 90 degrees to the right, measure southwesterly 97 feet; thence deflecting 90
degrees to the left, measure eoutbeastedy 63 feet; thence ding 90 degrees to the right,
messuuse Southwesterly 67 feet to the place of beginning, containing en area of 30,802 square
feet, more or less.
Subject however, to the rights of the abutting owners in a private way 10 feet in width as
provided for in a deed dated December 15, 1888, recorded in Deed Record 78, page 530 of
Clark County, Indiana records.
ALSO, the west Thirty-three (33) fleet of Lot No. Five (5) in Block No. Twenty --seven (27) in
the City of Jeffersonville, according to the map of said city printed by C. R. Milne in 1839,
and also a parcel extending soutbwardly Brom the above parcel a distance of Sixty (60) feet
into Out -lot No. 250 of said city, in al] making a parcel 33 feet in width and 110 feet in
dept.
ALSO, Lot Number Four (4) in Btork No. 27, in the City of Jeffersonville and extending
back the same width of said Out -lot No. 250, in said city, a distance of Sixty (60) feet, being
35.4 feet front on Market Street (now Court Avenue), more or less, and 110 feet in depth
from the south line of said street.
ALSO, a part of Lots 218 and 219 in the City of Jefersonvilk, Clark County, Indiana,
described as follows: Beginning on the southerly line of said Lot 219, a distance of 37.25
224 W Maple Street
LEGAL DESCRIPTION
TRACT ONE
Pari of Lot No. 217 in the City of Jeffersonville described as follows: Beginning 30
feet from the northeast corner of Maple and Mulberry Streets; thence Easterly along
Maple Street 32.66 feet; thence Northwardly 150 feet to a private alley; thence
along the alley, Westwardly 32.66 feet to a point 30 feet from the cast line of
Mulberry Street; thence Southwardly 150 feet to the place of beginning.
TRACT TWQ
All that parcel of land situated in the Town of Jeffersonville, County of Clark and
State of Indiana, being a part of Lot Number 217 in the original Town of
Jeffersonville, being also a pan of that parcel of land designated Tract "B" on a plan
of survey made by B. L. Fewell & Assoc., Inc., dated July 27, 1977 and revised
January 18, 1980, and bounded and described according to said plan as follows, to -
wit: Co urnencing at a point on the easterly line of Mulberry Street (60 feel wide)
distant 200 feet measured South 40 deg. East from the northwest corner of Outlot
Number 250, in said original Town of Jeffersonville; thence North 49 deg. 58' 20"
East, 36 feet to a point; thence South 40 deg. East, 99 feet to a point in the
southeasterly line of a 10 foot wide driveway casement; thence South 50 deg. West,
6 feet along said southeasterly line to a P.K. nail marling the point of beginning for
the parcel of land herein to be described; thence South 40 deg. East, 149.48 feet to
an iron pin on the northerly line of Maple Street (60 feet wide); thence South 49
deg. 16' 20" West, 30.00 feet along the northerly line of Maple Street to a P.K. nail
set at the southwest corner of said Lot Number 217, on the easterly line of Mulberry
Street; thence North 40 deg. West 150 feet along the easterly line of Mulberry
Street to a P.K. nail set in the southeasterly line of said 10 foot driveway easement;
thence North 50 deg. East, 30.0 feet along said southeasterly line to the place of
beginning, containing 4,492.20 square feet of land, or 0.103 of an acre, more of
less.
EXCEPTING AND RESERVING, however, to Penn Central Corporation and The
Cleveland, Chicago and St. Louis Railway Company, easements for all existing
wire and pipe agreements, occupancies and license, if any, between Penn Central
Corporation and The Cleveland, Chicago and St. Louis Railway Company and other
parties, of record 0r not of record, that in any way encumber the premises
hereinabove described, together with the right 10 convey such easements to the
occupant without securing approval of the Grantee herein. Penn Central
Corporation and The Cleveland Chicago and St. Lois Railway Company
specifically reserves and retains alt rentals, fees and considerations resulting from
such agreements, occupancies, licenses and easement conveyances,
Subject to any and alt easements and restriction.s of record affecting this real estate.
STAFF REPORT
Department of Planning & Zoning — Plan Commission
Case Number: PC -14-20
Petitioner: Jeffersonville Redevelopment Department
Request: Rezoning 6 Parcels to DC (Downtown Commercial)
Location: 200 West Block of Court Avenue — Block 27 of Jeffersonville
Hearing Date: July 29, 2014
Rezoning Request
The Department of Redevelopment has applied to have six properties rezoned
from R3 (Old City Residential) and M1(Low Density Multifamily Residential) to
DC (Downtown Commercial). These properties are also in the Commercial
Corridor Overlay District. The six properties combined contain 2.1 acres and are
currently vacant.
History of the Property
The parcels involved in the rezoning are owned by the Redevelopment
Department and were purchased as part of the combined sewer mitigation
initiative. Prior to the City's acquisition these properties contained the American
Legion and multiple residences.
Page 1 of 6
PC -14-20: Court Avenue Rezoning
Property Information
Parcel #
Address
Legal
Descri • tion
Acres
10-19-00-100-572.000-010 224 MAPLE STREET, WEST LOT 217 BLK
27
0.112
10-19-00-100-576.000-010 212 MAPLE STREET, WEST W PT LOT 220 0.176
BLK 27
10-19-00-100-575.000-010 214 MAPLE STREET, WEST PT LOT 219
BLK 27
0.178
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 property along Court Avenue is in the "Court Avenue Gateway" planning
district. This district "is an important corridor not only because it serves as a link
between the interstate and Spring Street but also because of the numerous
government buildings lining its length east of Spring Street. Streetscape
standards along its rout should reflect such a high profile corridor. This gateway
will be more traditional in design to respond to the historic character of this area
of Jeffersonville."
The property along Maple Street is in the "Downtown Historic District". This
district "is characterized by its location near the center of the population it serves.
This district is comprised of predominantly office, commercial, civic, high-density
residential and cultural land uses. It has a grid pattern of streets designed to
Page 2 of 6 PC -14-20: Court Avenue Rezoning
accommodate a Targe volume of vehicular traffic and public transportation. There
are provisions for on -street and Tong -term parking of vehicles and for substantial
pedestrian and non -vehicular movement within the district. Buildings are
generally the greatest in volume and density in the metropolitan area, and there
is public open space including plazas and square. 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."
Downtown Historic District
Primary Gateway - 10th St.
://, Primary Gateway - 14th St.
';/.//,,g1; Primary Gateway - 6th St.
Primary Gateway - Court Ave.
Primary Gateway - Eastem Blvd.
Regional Marketplace Center
Suburban Marketplace
Suburban Neighborhood
Suburban Workplace
1111 Traditional Marketplace
Traditional Neighborhood
Traditional Workplace
Page 3 of 6
PC -14-20: Court Avenue Rezoning
Existing Zoning
The six properties included in this application have R3 and M1 zoning because of
the residential structures that use to be located there. All of the remaining
properties on this block are currently zoned DC. Commercial property that is
close to Interstate 65 is usually zoned HC (Highway Commercial). The property
formerly known as the Rose Hill Elementary was rezoned to DC in the fall of
2013.
Page 4 of 6 PC -14-20: Court Avenue 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.
Jeffersonvilles Pian Commission
should 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 Commisslon and Board
of Zoning Appeals should strive
to minimi, parking lots In front
of or between buildings, rather,
encouragfrg`pziw'king 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
•taillor/pressing shop,
Business; Office/Professional
• architecture fine
• 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
• travel agency
Business: Recreation
• video store
Businettss: 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: Retail (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)
InstitutlonaUPublic Facilities
• church, temple or mosque
• community center
• government 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
4.10
Page 5 of 6
Jeffersonville Zoning Ordinance
PC -14-20: Court Avenue Rezoning
"DC1e 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
Flat Roof Structures
(from highes
section of Rat roof)
Gable Roof Structures
(from highest gable 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
Building Rear
Envelope) Yard
l Selbeck
Side
Yard
Setback`
Front Yard
Setback
R.O.W.
R.D.W. • As Dame on Thoroughfare Plan
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
Additional
Development Standards
that Apply.
Lot, and peneit (LY)
• oPage
Height (HT)
• TPap 7.4
Accessory Structure (7g)
• -5
• FW-0e2a and WaIIPage 7-8
ag i
Temporary Uses (7U)
•TU -01 Page 7-9
•TU -03 Page 7-9
•
Home
occupation gel -10
• HO -02 Page7-11
• PI -01 c Improve age (PI)
3
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
Exprssway Buffer (ES)`>
• EB -01 Page 7-24
Environmental (EN)
• EN -01 Page 7-25
Floodplain (FP)
•FPage
) 4 a 7-27
Performance (PF
• Page
7-30
Lighting (LT)
• LT -01 Page 7-31
• General Signs l' (ss)
7-32
Temporary Signs (TS)
• TS -02 Page 7-34
Permanent Signs (PS)
• PS -04 Page -36
• PK -06 Parking (PK) 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 7-45
• Vision Clearance(VC)
Telecommunication
• TC -01G ties (TC) Page 7-48
• TC -03 Page 7-51
• TC -05 Page 7-52
• SCE --001a1 Except Pa (SE)ag
Miscellaneous g•MC-0Pa
Page 7-58
• MC -04 Page 7-58
• MC -05 Page 7-58
• MC -06 Page 7-58
• MC -07 Page 7-59
Article Four: Institutional and Commercial Zoning Districts
Page 6 of 6
PC -14-20: Court Avenue Rezoning
4-1
CITY OF JEFFERSONVILLE
DEPARTMENT OF LAW
Les Merkley, Corporation Counsel/Director of Legal Affairs
812-285-6493 office
812-285-6403 fax
www.cityofjeff.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 6 PARCELS OF LAND LOCATED IN 200 WEST BLOCK OF
COURT AVENUE -BLOCK 27 AND FULLY DESCRIBED IN ATTACHED EXHIBIT
A FROM M1 and R3 TO DC
NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP
DESIGNATION OF 6 PARCELS OF LAND LOCATED IN 200 WEST BLOCK
OF COURT AVENUE -BLOCK 27 AND FULLY DESCRIBED IN ATTACHED
EXHIBIT A FROM M1 AND R3 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 6 parcels of land located in 200 West Block of Court Avenue -Block 27
and fully described in Exhibit A from M1 and R3 to DC -Downtown Commercial.
A public hearing will be held on August 4, 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.
An equal opportunity employer.
Les Merkley
City Attorney
Jeffersonville City Hall
500 Quartermaster Court
Jeffersonville, IN 47130
(812) 285-6423