HomeMy WebLinkAbout2015-OR-9STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE 2015-0R- V
AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF
PROPERTY LOCATED AT 1013 E. MARKET STREET AND FULLY DESCRIBED IN ATTACHED
EXHIBIT A FROM Ci to 1V11.
Whereas, Chuck Moore filed a petition before the Jeffersonville Plan Commission to
change the zoning map designation of the real property located at 1013 E. Market Street and
fully described in the attached Exhibit A from C1: Small to Medium Scale General Commercial to
M1: Low Density Multifamily 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 ORDAINED by the Common Council of the City of Jeffersonville,
Indiana, that the zoning designation of the real property located at 1013 E. Market Street and
fully described in the attached Exhibit A is hereby changed from C1: Small to Medium Scale
General Commercial to M1: Low Density Multifamily Residential_
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 day of February, 2015.
Common Council Of The City of Jeffersonville, Indiana
cskSo
tryA1
Vicki Conlin
City Clerk
VOTED AGAINST:
r y
Lisa ill, President
Presented to me as Clerk to the Mayor of said City of Jeffersonville this 3
day of February, 2015.
Vicki Conlin
City Clerk
This Ordinance approved and signed by me this *--
2015.
Prepared by:
Les Merkley
Corporate Counsel
Februa
M ke Moore, M..yor
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE PLAN COMMISSION
IN RE THE APPLICATION OF
Chuck Moore (PC -15-06)
TO REZONE A CERTAIN TRACT
1013 E Market Street, Jeffersonville Indiana
FROM Cl (Small to Medium Scale General Commercial) to Ml (Low Density Multifamily Residential)
CERTIFICATION OFLFAVORABLE RECOMMENDATION
OF PROPOSED ORDINANCE
Whereas, Chuck Moore filed a petition before the Jeffersonville Plan
Commission to change the zoning designation of the property described in attached
Exhibit A (the "Property"), from C1 to M1 ; 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 Jeffersonville Pian 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 January 27 , 2015 , the
Jeffersonville Plan Commission i,,oc-et`o cnr Meati e s 7-O that the Jeffersonville
Common Council enact by ordinance the pr'bposed zoning designation change of the
property from C1 to M1 as requested in the petition of
Chuck Moore (PC -15-06)
So certified this 27thday of January
,2015
Chairman
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 1013 E. MARKET STREET AND
FULLY DESCRIBED IN ATTACHED EXHIBIT A
FROM Cl TO M1
NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP
DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1013 E.
MARKET STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A
FROM Cl TO M1
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 1013 E. Market Street and fully
described in Exhibit A from C1 -Small to Medium Scale General Commercial to M1 -Low
Density Multifamily 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 person 'wi iiY and i r : o 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
Exhibit A
JEFF FLOOD CONTROL DISTRICT
50'
40' RIGHT
OF ENTRY
JEFF FLOOD
CONTROL DISTRICT
LOT 3
N
700' TO GRAHAM ST.
\/<
50'
5' CONCRETE SIDEWALK
6.7' GRASSPLOT
6" CONCRETE AND STONE CURB
MARKET STREET
60' R/W
ti
O
PART OF LOT 3 IN BLOCK 15 OF THE EASTERN ENLARGEMENT OF THE CITY OF
JEFFERSONVILLE, CLARK COUNTY INDIANA, AND BEING SITUATED AT 1013 EAST MARKET STREET.
STAFF REPORT
Department of Planning & Zoning — Plan Commission
Case Number:
Petitioner:
Request:
Location:
Parcel:
Council District:
Zoning:
Hearing Date:
PC -15-06
Chuck Moore
Rezone one parcel from C1 (Small to Medium Scale
Commercial) to M1 (Low Density Multifamily Residential)
1013 E Market Street
10-20-00-201-462.000-009
#1 (Mike Smith)
C1 (Small to Medium Scale General Commercial)
January 27, 2015
Rezoning Request
Chuck Moore requested that a property located at 1013 E Market Street be
rezoned from C1 (Small to Medium Scale General Commercial) to M1 (Low
Density Multi Family Residential). The property is currently vacant.
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
This property is located between Graham and Division Street as shown in Figure
1.
Page 1 of 7
Figure 1: Vicinity Map
PC -15-06: 1013 E Market Street Rezoning
Comprehensive Plan & Planning Districts
This property falls within the Traditional Neighborhood District of the
Comprehensive Plan. The plan provides the following guidance for this district:
"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 lots 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 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 Pian.
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."
- Downtown Historic District
Primary Gateway - 10th St.
Prima ry 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
ags Traditional Neighborhood
Traditional Workplace
.st
Page 2 of 7
Figure 2: Planning District Map
PC -15-06: 1013 E Market Street Rezoning
Zoning
The current zoning of this property is C1 (Small to Medium Scale General
Commercial). The requested zoning is Low Density Multifamily Residential (M1)
and this district is typically applied to existing apartments in the neighborhood.
The two adjacent properties on Market Street are both zoned M1.
Residences — Old
City Residential
(R3)
Figure 3: Zoning Map
Attachments
1. Site Photo
2. C1 District Intent
3. M1 District Intent & Standards
Page 3 of 7 PC -15-06: 1013 E Market Street Rezoning
Page4of7
PC -15-06: 1013 E Market Street Rezoning
"C1" District
4.13 "C1" District intent, Permitted Uses, and Special Exception Uses
District Intent
The "C1" (Small to Medium Scale
General Commercial) District is
intended to provide a land use
category for most small 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 "R3," "M1" and "M2" residential
districts.
Jeffersonville's Plan Commission
should strive to use this district
with the "CZ" District to encourage
a strong and stable area for
commerce.
The Plan Commission and Board
of Zoning Appeals should not
encourage "strip development",
rather development in clusters
which share resources, and
minimize the cost of public utilities
and services. The Plan Commission
and Board of Zoning Appeals
should also strive to minimize
lighting, parking lotsfronting the
major streets, and traffic conflicts in
the "C1" District.
Permitted Uses
Business: Auto Sales/Services
• auto body repair shop
• auto parts store
• auto wash (automatic and self)
• oil change service (enclosed)
Business: Food Sales/Service
• bakery retail
• convenience store (without gas pumps)
• delicatessen
• drive-in restaurant
• drive-thru restaurant
• grocery/supermarket
• meat market
• restaurant
Business: Recreation
• bar/night club
(not adult entertainment)
• billiard/arcade room
• bowling alley
• dance/aerobics/gymnastics studio
• theater, Indoor
(not adult entertainment)
*video store
Business: Office/professional
• bank/credit union
•drive-thru bank machine/ATM
• insurance office
*real estate office
',travel agency
• office complex
• professional offices,
BBusinoss: Personal Service
• barber/beauty shop
•coin laundry
*child care center (day care)
•drive-thru dry cleaning service'
•dry cleaning service
• fingernail salon
•shoe repair
•tailor/pressing shop
•tanning salon
Burliness: Retail
• antique shop
• apparel shop
• drug store
• electrical supplies
• fabric shop
•floor coverings
• flower shop
•furniture store
• garden shop
• gift shop
• hardware store
• home electronics/appliance store
•jewelry store
• liquor sales
• music store
Permitted Uses
Business: Retail (cont.)
• news dealer/bookstore
(not adult entertainment)
• office supplies
• paint store
•shoe sales store
•sporting goods
•variety store
Miscellaneous
• accessory uses
Special Exception Uses
Business: Auto Sales/Services
• auto service station
Business: Food Sales/Service
•convenience store (with pumps)
• open, unenclosed business (farmer's
market, etc.)
Business: Office/Professional
• contractor office
• landscape business
Business: Recreation
• lodge or private club
•miniature golf
*public docks
• theater, outdoor
(not adult entertainment)
Business: Retail
• kennel (commercial)
• satellite dish sales/service
Communication/Utilities
• telecommunication facility
4-14
Page 5 of 7
Jeffersonville Zoning Ordinance
PC -15-06: 1013 E Market Street Rezoning
M1 District
3.9 M1 District Intent, Permitted Uses, and Special Exception Uses
District Intent
The "M1 (Low Density Multifamily
Residential) bistri t Is intended to
provide Oland use cotego for
small stole multifarptly residential
(i.e duplex, triplex, bind quodp ex),
The provisions that regulate this ,
zoning district allow a limped ►ix of
residential uses and up to two primary
sfructure per lot,
tcablo to•pew
The "M7• districte
anis eexstin
area, and d I
res )ze fo
r@pr+�r s more Str
standards to prat`
of enan
Jeffersonvilie's ti!
Permitted Uses
Residentiol
• child core home
• dwelling, multifamily
• dwelling multdamily
• dwelling, #rp�le:foinil
..reSidential facility for.
(4 roams orIless)
• resi erilrol facility for
or
less)
Mlstelfaneous Us'e
accessory dies ,
duplex)
(3 to 4 units)
developmentally disabled
mentally dl (4 bedrooms
Special Exception Uses
Institutional/Public Facilities
• church, temple, or mosque
Miscellaneous Use
• home occupation # 1
drvelo
use phi
develop► 'tiff i
the frit ni a d'
3-10
Page 6 of 7
Jeffersonville Zoning Ordinance
PC -15-06: 1013 E Market Street Rezoning
M1 District
3.10 M1 District Development Standards
Side
Yard
Setback
• As Defined on Thoroughfare Pian
Minimum Lot Area:
• 12,000 square feet
Minimum Lot Width:
• 70 feet
Maximum Lot Depth:
• 2.5 times the Lot Width
Minimum Lot Frontage:
• 50 feet on a Public Street with access from soid
Public Street
Sewer and Water:
• Requires municipal water and sewer hookup
Accessory Structures
Flat Roof Structures
(from highest
section of gat roof)
Gable Roof Structures
prom highest gable roof)
Maximum Structure Height:
• 35 feet for the Primary Structure
• 18 feet for Accessory Structures
R.O.W. • As Defined On Thoroughtare Pian
Minimum Front Yard Setback:
• 30 feet when adjacent to an Arterial Street; or
the established setback from neighboring lots
• 25 feet when adjacent to o Local Street; or the
established setback from neighboring lots
Minimum Side Yard Setback:
• 20 feet per side for the Primary Structure
• 5 feet per side for Accessory Structures
Minimum Rear Yard Setback:
• 15 feet for the Primary and Accessory
Structures
Maximum Lot Coverage:
• Square footage of all Primary and Accessory
Structures and impervious surface shall not
exceed 5b% of the Lot Area
/ R.O.W. • As Dense on Thoroughfare Pian
Maximum Density:
• 2 units per 12,000 square foot lot for existing
infill lots, or
• 4 units per acre for new development
Minimum Main Floor Area:
• 1,000 square feet per Primary Structure for
single family or multifamily uses
Minimum Floor Area Per Unit:
• 1,000 square feet average per dwelling unit
in a mulhple-unit Primary Structure, with 500
square feet the absolute minimum
• 1,200 square feet for single family Primary
Structures
Maximum Primary Structures:
• )
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Article Three: Residential Zoning Districts
Page 7 of 7 PC -15-06: 1013 E Market Street Rezoning
3-11