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Home My WebLink About2015-OR-7STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2015 -OR - AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 4O5 MEIGS AVENUE ANC) FULLY OESCRIBEO IN ATTACHED EXHIBIT A FROM NC to R3_ Whereas, Dan Christensen filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 405 Meigs Avenue and fully described in the attached Exhibit A from NC: Neighborhood Commercial to R3: Old City Residential; and, Whereas, on January 27, 2015 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 February 2, 2015; 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 OROAINEO by the Common Council of the City of Jeffersonville, Indiana, that the zoning designation of the real property located at 405 Meigs Avenue and fully described in the attached Exhibit A is hereby changed from NC: Neighborhood Commercial to R3: Old City Residential_ IT IS FURTHER OROAINEO 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 day of February, 2015_ Common Council Of The City of Jeffersonville, Indiana VO E Vicki Conlin City Clerk VOTED AGAINST: Lisa dII, President Presented to me as Clerk to the Mayor of said City of Jeffersonville this 3 day of February, 2015. This Ordinance approved and signed by me this Vicki Conlin City Clerk d . f 2015. Prepared by: Les Merkley Corporate Counsel Mik Moore, May STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Dan Christensen (PC -15-03) TO REZONE A CERTAIN TRACT 405 Meigs Avenue, Jeffersonville Indiana FROM NC(Neighborhood Commercial) to R3(Old City Residential) CERTIFICATION OF(FAVORABL,/U OF PROPOSED ORDINANCE Whereas, Dan Christensen 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 R3 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on January 27 , 2015 ; and, Whereas, at the conclusion of the hearing the Jeff rsonville Plan Commission voted by a majority vote of its entire membership t favorably nfavor-ablyinet- recommend the proposed change of zoning designation o the Property to the Jeffersonville Common Council. IT IS THEREFORE CER IED that on January 27 , 2015 , the Jeffersonville Plan Commission,,,, �� (-o that the Jeffersonville Common Council enact by ordinance th&proposed zoning designation change of the property from NC to R3 as requested in the petition of Dan Christensen (PC -15-03) So certified this 27thday of January , 2015 Chairman SURVEYORS LOCATION REPORT (LIORrcACE INSPECTION) This y o report designed for ibilinsurance c company .lapolicies.llRKSET the ocatindata hereon sbasedonImitedoccuacmeasurementsTherrefo-no liability will be for any use of this dato for construction of new improvements, establishing boundaries or fences. 1' MEIGS AVENUE 60' R/lY (40' BLACK TOP PA VEMEN r) STONE CUR. GRA LOT 5' CONCRETE SIDEWALK' 40.5 122'± ro MAPLE STREET. 03 0 J 3' ±- LOT 19 »1 N m rn 32' .VIANCR£1£ 32' ONE AND 2 STORY BRICK HOUSE #405 (no basemen() 0 13.5' Ih 165' 40.5' :0'. ALLEY:<::`''`:`: 12.5' BLACKTOP PAVEMENT). SURVEYORS LOCATION REPORT OF LOT 19 /14 BLOCK 33 IN THE CITY OF JEFFERSONVILLE, CLARK COUNTY, INDIANA AND BEING SITUATED AT 405 MEIGS AVENUE. THE PROPERTY SHOWN IS NOT LOCATED IN FLOOD ZONE A OR 6 ACCORDING TO FLOOD MAP NUMBER 180027 0005 0, DATED JULY 16, 1990. I hereby declare that the real estate described hereon was Inspected under my supervision on this date and that to the best of my knowledge and belief thls report conforms with the requirements contained in sections 42 through 44 of 865 IAC 1-12 for a SURVEYOR LOCATION. REPORT." The occurocy of the flood hazord stotemenl shown on this report is subject to map scale uncertainty and to any other uncertainty in location or elevation on the referenced flood insurance rote map. If a more accurate survey is required a bounder y must be ordered. Ce9ytelt C t 094 ebnhonite/w end Son Lend Swwprr On, P.C. M oknta rarnwd Regrslere BLANIYENBA'KER & SON LIND SURJ2'YORS INC, P.C. 422 NEICS AVENUE P.O. BOX /57 JEFFERSONVILLE; MD/ANA 47131-0157 ARTA CODE 81.2-282-1183 DRAII'N BK 1 'SCALE' 1 a a 30 FEET Land Surveyor No. 9000// 001111 111111//1/4 \\\�� : • e L A M k/i .'' 1.1"'‘ -' Q e NO 900011 i t^ STATE OF NO I PN Q �� POR 2 PARAGON CENTER 6040 DUTCHMANS LN, SUITE 100 LOUISVILLE, KY 40205 OWNER: CHR/STENSEN DATE'' 10 JANUARY 1994 1 JOB No. 10.495 ntC due10495 Lot Number Nineteen (19) in Block Number Thirty -Three (33) in the enlargement of the City of Jeffersonville, said lot being Forty (40) feet and Five (5) inches wide and One Hundred Seventy (170) feet in length, and being the same real estate set off to Sarah C. Jackson by the name of Sarah J. Jackson, in a certain partition proceeding had and held in the Common Pleas Court of Scott County, Indiana, which said proceeding is recorded in Deed Record No. 68 at page Nos. -229 & 230 of the records of the Recorder's Office of Clark County, Indiana. EXHIBIT "A" 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 A CERTAIN TRACT OF PROPERTY LOCATED AT 405 MEIGS AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM NC TO R3 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 405 MEIGS AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM NC TO R3 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 405 Meigs Avenue and fully described in Exhibit A from NC -Neighborhood Commercial to R3 -01d City Residential. A public hearing will be held on February 2, 2015 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. 3194ei,Aii?c- Les Merkley City Attorney Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: PC -15-03 Petitioner: Dan Christensen Request: Rezone one parcel from NC (Neighborhood Commercial) to R3 (Old City Residential) Location: 405 Meigs Avenue Council District: #1 (Mike Smith) Hearing Date: January 27, 2015 Rezoning Request Dan Christensen requested that a property located at 405 Meigs Avenue be rezoned from NC (Neighborhood Commercial) to R3 (Old City Residential). The property has a single-family residence. 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. Property Location Intersection of Meigs Ave and Maple Street Figure 1: Vicinity Map Page 1 of 9 PC -15-03: 405 Meigs Ave Rezoning Commercial structure on the property was removed in 2014 Figure 2: Aerial View Comprehensive Plan & Planning Districts This property falls within the Downtown Historic District of the Comprehensive Plan. The plan provides the following guidance for this 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 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. 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." Page 2 of 9 PC -15-03: 405 Meigs Ave Rezoning - Downtown Historic District // Primary Gateway - 10th St. `1 Primary Gateway - 14th St. Primary Gateway - 6th St. Primary Gateway - Court Ave. Primary Gateway - Eastern Blvd. - Regional Marketplace Center - Suburban Marketplace Suburban Neighborhood - Suburban Workplace - Traditional Marketplace 1111 Traditional Neighborhood - Traditional Workplace Figure 3: Planning District Map Zoning The current zoning of this property is Neighborhood Commercial (NC) and this is typical for small commercial uses that are isolated and located within the downtown neighborhoods. The requested zoning, Old City Residential (R3), is the most common zoning district for residences in this neighborhood. The R3 standards allow a single-family residence and require relatively small setbacks for buildings. The intent of this district is shown in the attached documents. Page 3 of 9 PC -15-03: 405 Meigs Ave Rezoning Businesses on Court Avenue zoned DC Apartments zoned M1 405 Meigs Avenue — Zoned NC Residences zoned R3 Figure 4: Zoning Map Attachments 1. Site Photo 2. Survey of the property 3. NC District Intent 4. R3 District Intent & Standards Page 4 of 9 PC -15-03: 405 Meigs Ave Rezoning Page 5 of 9 PC -15-03: 405 Meigs Ave Rezoning SURVEYORS LOCATION REPORTA10R1CA ( Gf INSPECT/ON) This report is designed for use by a title insurance compony with resident:. loon policies. NO CORNER and the locolion 40(0 hereon is hosed on limited accuracy measurements. Therefore. no liabdily .41 be onum.dS MERE SET dalo for construction of new improvements, estobbihing boundaries or fences ed tor any a of this t MEIGS AVENUE 60' R/W (40• BLACKTOP PAVEMENT) 3 1_ m LOT 19 32' n 01 COW IN' • o '.PATf0 ., 32 ONE AND 1 STORY ORO( 1. NOUSE N05 - (no basemen() n 0 13.5' 18.5' 40.5• 20'• . ALLEY 412.5• 8LACKTO1-' PAVEMENT)'. 122' ± TO MAPLE STREET #33 SURVEYORS LOCATION REPORT OF LOT 19 IN BLOCK 33 IN THE CITY OF „EFF£RSONNLLE, CLARK COUNTY, INDIANA AND nava 51TUATWO .4T 405 MEWS AVENUE. THE PROPERTY SHOW IS NOT LOCATED IN FLOOD ZONE A OR 6 ACCORDING TO FLOOD MAP NUMBER 180027 0005 0, DATED JULY 16, 1990. ��, 6,111 N14jl/i I hereby declare :nal the red estate described hereon wos Inspected under ` �' ieN dole and that 10 the best o1 my knowledge and belief this report conforms with he requb menta \ �' q�G IS T£R(0 ' i contained in sections 41 through 44 of 865 IAC 1-12 for o ' SURVEYOR LOCATION REPORT.' > >, The accuracy of the flood hazard alolemen( shown on Nis raporl Ie subject to — 4: NO 9 and to any other uncertainty in location or elevation on the referenced flood insurancemecrale moptoln ly _ �: �•-- 11 o more occurale survey is required o boundo ur,key must be ordered. Coml O roe. Mao.* .0 end lan0 sr,.t.., ors.. r.c ti ,Ml. ,..r,... Register, BLANKENBEKER ci- SON 2.N0 SURVEYORS INC. P.C. 422 .UE'ICS AVENUE' PO BOX /57 ✓£FPE'RSONY/LLE; INDIANA 4713/-0157 AREA CODE' 812-Z82-4189 DR4N'N BY. J.L.F. 'SCALA' T.., 30 FEET Land Surveyor No. .9000/1 STATE OF FOR. ,y_O.M.S 2 PARAGON CENTER 6040 DUTCHMANS LN, SUITE 100 t0UISNLLE, 10' 40205 OWNER: CHRISTENSEN _ Page 6 of 9 DATE'' 10 JANUARY 1994 1109 No. 10.495 Inc 00.0.0 PC -15-03: 405 Meigs Ave 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 commercial uses that are clearly nonconflicting with neighborhoods In Jeffersonville. Jeffersonville's Plan Commission should strive to use this district sparingly and"appropriately as a "spot zone" In the community. The Plan Commission and Board of Zoning Appeals should also strive to exclude businesses from the "NC" district that are not family odented or that have an adverse effect on the existing or future adjacent nelghborhoods.. 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 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 • jewery'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/Professlonal • drive-thru bank machine/ATM Business: Recreation • public docks Communication/Utlllties • telecommunication facility •telephone exchange • public well • utility substation Miscellaneous • home occupation #1 4.6 Page 7 of 9 Jeffersonville Zoning Ordinance PC -15-03: 405 Meigs Ave Rezoning "R3" District 3.7 "R3" District Intent, Permitted Uses, and Special Exception Uses District Intent ,he "R3" (Old Glty Realdentlal) The Is•IniendedI `fd prov(de, a lar)d OTC* ry"tor ern blots an 0 ei the. fhb_ Sighs It;trict old Permitted Uses Residential •child care home (owner -occupied) dwelling single family • residential facility for developmentally disabled (4 bedrooms or Iess) • residential facility for mentally ill (4 georooms or less) Mlscetlaneous 'accessory uses • home occupation #1 Special Exception" Uses at Residential • bed and breakfast facility •boarding house (owner -occupied) • dwelling two-family •residential facility r de eIopmentaIly 44000 (over 4 be tri chiBuld casiness Pelf t re center (i Instlit�ttl • pub rc p • puhl, • hoi 3-8 Page 8 of 9 Jeffersonville Zoning Ordinance PC -15-03: 405 Meigs Ave Rezoning "R3" District 3.8 "R3" District Development Standards Lot Area Lot VAOlh H— Lot R.O.W. R.O.W. • As OeOned on Tnorouanrero Pan Minimum Lot Area: • 5,000 square feet/dwelling unit Minimum Lot Width: • 30 feet Minimum Lot Frontage: • 25 feet on a Public Street with vehicular 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 Nghes (from highest gable roof) section of flat roof) Maximum Structure Height: • 35 feet for the Primary Structure • 18 feet for Accessory Structures R.O.W. RO.W.. Pa OUMGan T ooug .e pan Minimum Front Yard Setback: • 25 feet when adjacent to an Arterial or average setback whichever is less • 20 feet when adjacent to a Local Street or average setback whichever is less Minimum Side Yard Setback: • 5 feet per side for the Primary and Accessory Structures Minimum Rear Yard Setback: • 15 feet for the Primary Structure .3 feet forAccessory Structures Additions • LY -01 ted, and .P age -3 Paga %3 Height (NT) • T 01 ..... Paye 7-(A44" •AS 01 Tory Page77-5 AS -02 iia 7-6 snow and Wall, (FW) • v-01 age, i TefiporeyUas ) •TU -01 e 7-9 •TU -02 „Rage7�9 •Naoi Occupat (e l -1b ag HW12.. Page? -11 Pub lc Improven»nt;(P1) • I-01 Page 713 Landscaping (LA) • LA -01 Page 7-14 • LA -02 Page 7-15 7 R.o.W. /.-. .W. • Aa ONinod onTarQo *I. Pan Maximum Lot Coverage: • Square footage of all Primary and Accessory Structures, and impervious surface cannot exceed 75% of the Lot Area Minimum Main Floor Area: •960 square feet for one story Primary Structures; or • 700 square feet for the first floor of the Primary Structure, provided that the total Finished Floor Area is 960 square feet or more i Devetopht�nt S ,i►dard EB -01.. r .P e 7-24 Envlronri antai (EN) EN -01 „ ape 7-25 Floodplain (FP) FP i Page 7-27 P rformance (P ) • PF -b1 Page 7.30 LI Mind (LT) • LT -01 ,, , Page 7-31 GOneral SIgn; (OS)". ' GS -01 „pegs 7.32 T mP9ray $lona (TS • TS ..Page �-34 POrmansnt Slg it (PS) • PS -0t ...... age' 35 Parklnd (PK) • PK -02 .. ...Page 7-39 • PK -07 Page 7-41`' • PK -08 Page 7.43 • PK -09 Page 7-43 s that Apply Entranc tifbrhes (ED • ED -01 .Pagel 45 Vision Cloarahce (VC) • 1/9-91 .: Page 7-47 teletbnialtiflii140,11 Fackiss (C) TC -01... Page 7.48 Page 7-81 TTCC-05Spoc.1 Page 7-02 SE.01 a t tccep (ge 74"4 bilbNO • MC2 Qellineoua Page 7.58 • Merb4 ...Page 758 MC -06 .,.;........ Page 758 Article Three: Residential Zoning Districts Page 9 of 9 3-9 PC -15-03: 405 Meigs Ave Rezoning