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HomeMy WebLinkAbout2015-OR-11STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2015 -012 - AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF SIX PARCELS OF PROPERTY LOCATED AT 2400 Block of East 10th Street AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Ci and M2 to C2 Whereas, Fetter Properties, LLC filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of six parcels of real property located at 2400 Block of East 10th Street and fully described in the attached Exhibit A from C1 8a M2 to C2: Medium to Large Scale General Commercial; and, Whereas, on February 24, 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 March 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 six parcels of real property located at 2400 Block of East 10th Street and fully described in the attached Exhibit A is hereby changed from C1 and M2 to C2: Medium to Large Scale 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 C91 day of March, 2015. aoI5-op- j1 Common Council Of The City of Jeffersonville, Indiana VOTED .7at. VOTED AGAINST: sa Gill, President Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this a day of March, 2015. eiya„, Vicki Conlin City Clerk This Ordinance approved and signed by me this arch, 2015. Prepared by: Les Merkley Corporate Counsel Mik Moore, Mayo STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Fetter Properties, LLC (PC -15-08) TO REZONE A CERTAIN TRACT Six parcels on the 2400 block of E 10th Street - See Exhibit A FROM C1 & M2 to C2 (Medium to Large Scale General Commercial) CERTIFICATION OFFAV ORABL NFAVORABLE/NO RECOMMENDATION O�ROPOSED ORDINANCE Whereas, Fetter Properties filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from Cl&M2 to C2; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on February 24, 2015 ; and, Whereas, at the conclusion of the hearing the effersonville Plan Commission voted by a majority vote of its entire membership t favorablFJunfavorably/not recommend the proposed change of zoning designation of the Property to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on February 24, 2015 , the Jeffersonville Plan Commission vanl . (c:,----"" that the Jeffersonville Common Council enact by ordinance the-roposed zoning desi'nation change of the property from C1&M2 to C2 as requested in the petition of Fetter Properties, LLC So certified this 24th day of February , 2015 . i&ad-e Chairman -Ex\,,,b;k .Z 6100 Rtoc..- of t, e?). Int ��1G Tract No. 1. All that portion of the hereinafter described real estate which lies on the northwest side of the Plank Road. excepting therefrom a strip 45 feet wide measured from the present west fence line of the Plank Road and 1090 feet more or less in length through and across said land as is set out in the deed dated Feb. 21. 1906 from Kate Nachand and Henry Hachand, her husband. to The Louisville and Northern Railway & Lighting Company and of record in Deed Record 96, page 538. Being in Survey I) of Illinois Grant, Clark County, Indiana, and being part of the tract or lots in the partition of the real estate of William Bowman, deceased, in said survey which were set off to Joseph Bowman and John Morgan and Indiana Morgan, his wife, in said partition, as appears of record in the Clerk's office in said county in Probate Order Book D for the year 1847 on pages 526 and 527 bounded thus: Beginning at a point on the line of the tot set off to said John Morgan and Indiana Morgan, his wife, 60 poles and 20 links northwardly from the southwest comer of said lot running thence with said line north 49° 20' east fifty-four poles to a stake, thence north 40-1/4° west 148 poles and 20 links to a stake in the lot set off to Joseph Bowman; thence with said Bowman line south 49° 20' west 54 poles to a stake; thence south 40-1/4° east 148 poles and 20 links to the place of beginning, containing 50 acres and 35 poles more or less. Tract No. 2. Being part of Survey No. 11 of the Illinois Grant bounded thus: Beginning at a stone at the common corners of Surveys Nos. 1 I, 12 and 21, of said Grants; thence S. 50° West and with the line dividing said Surveys 11 and 21, 51 poles and 8-'/3 links to the true place of beginning; thence S. 40° E., with the line dividing the land herein described from that ofJohn H. Neyens 74.4 poles to a stake in Bottorff's corner; thence with Bottorff's line S. 50° W., 54 poles to a stake in Grammer's line; thence with Grammer's line North 40° West 77.4 poles to the line dividing said Surveys 11 and 21; thence with said line N. 50° E., 54 poles to the place of beginning, containing 24.6 acres, more or less, and being a part of Lot #1 in the partition of the lands of William Bowman, deceased, as appears of record in the office ofthe Clerk ofthe Clark Circuit Court in Probate Order Book "D" at pages 525, 526. Excepting therefrom that part of Tract No. 1 previously conveyed to Robert G. Bottorff and wife and particularly described in Deed Record 167, page 507, Deed Record 167, page 508, and Deed Drawer 1, page 7369. Also excepting that real estate previously conveyed to James L. Bottorff, 11 and Carlene Bottorff, husband and wife, and particularly described in Deed Record 282, page 270. Also excepting that part of Tract No. 1 previously conveyed to Robert G. Bottorff on September 26th, 1973 and described thus: Beginning at a stone, the north corner of Survey No. 11; thence running Southwestwardly with the line dividing Surveys No. 11 and 21, 847.0 feet to a stake at the North corner of the land of Robert G. Bottorff and James M. Bottorff; thence South 40° 15' East with the said Robert G. Bottorff and James M. Bottorff's Northeast line 1899.0 feet to a point in the center line of the West section of State Highway No. 62, such highway being a dual highway; thence South 13° 27' West 210 feet to a point in said center line; thence North 76° 33' West to an iron pipe in the West right of way line of said highway and the East line of the land of Robert G. Bottorff and James M. Bottorff; thence South 13° 27' West to a stake at the southeast corner of the tract of land conveyed to Robert G. Bottorff and wife by deed recorded in Deed Drawer 1, Instr. 7369, the true place of beginning; thence North 76° 33' West 289 feet to a stake; thence South 13° 27' West 150 feet to a stake; thence South 76° 33' East 289 feet more or less to the west right of way fine of Highway 62; thence North 13° 27' East to the true place of beginning. Containing 0.997 acres more or less. 1 .,1' 3 13 g ID t1 S FC66 f Beginning at a stone, the north corner of Survey No. 11; thence running Southwestwardly with the line dividing Surveys No. 11 and 21, 847.0 feet to a stake at the north corner of the land of Robert G., Bottorff and James M. Bottorff thence South 40° 15' East with :the said Robert G. Bottorff and James M. Bottorff's Northeast line 1899.0 feet to a point in the center line of the West section of State Highway No. 62, such highway being a dual highway; thence South 13° 27' West 210 feet to a point in said center line; thence North 76° 33' West to an iron pipe in the West right of way line of said highway and the East line of the land of Robert G. Bottorff and James M. Bottorff; thence South 13° 27' West 215 feet more or less to a locust post, the true place of beginning; thence North 76° 33' West 289 feet to a stake; thence South 13° 27' West 150 feet to a stake; tnence South 76° 33' East 289 feet more or less to the west right of way line of Highway 62; thence North 13° 27' East to the true place of beginning. Containing 0.997 Acres more or less. 20-3 Part of Survey No. 11 of the Illinois Grant, Clark County, in the state of Indiana, described as ti)llows, to -wit: Beginning at a stone, the north corner of Survey No. 11; thence running southwestwardly with the line dividing Surveys No. 11 and 21, 847.0 feet to a stake at the north corner of the granwr's land; thence south 40 deg. 15 min. east with the grantor's northeast line, 1899.0 feet to a point in the center line of the west section of (dual) state highway No. 62; thence south 13 deg. 27 min. west 210.0 feet to a point in said center line; the true place of beginning; thence north 76 deg. 33 min. west passing an iron pin in the approximate west right-of-way line of said highway, 203.0 feet to an iron pin; thence south 13 deg. 27 min. west 150.0 feet to an iron pin; thence south 76 deg. 33 min. east passing an iron pin in the approximate west right-of-way line of said highway 203.0 feet to a point in the aforementioned center line; thence north 13 deg. 27 min. east 150.0 feet to the true place of beginning, containing 0.699 of an acre more or less, subject to the right- of-way of State I lighway No. 62_ Part of Survey No. 11 of the Illinois Grant of Clark County, in the state of Indiana, described as follows. to -wit: Beginning at a stone the north corner of Survey No. 1 1: thence running southwestwardly with the line dividing Surveys No_ 11 and 21; 847.0 feet to a stake at the north corner of the grantors land; thence south 40 deg. 15 min. east with the grantors northeast line 1899.0 feet to a point in the center line of the west section of (dual) State Highway No. 62; thence south 13 deg. 27 min. west 2 ] 0.0 feet to a point in said center line; thence north 76 deg. 33 min. west 203.0 feet to an iron pin, the true place of beginning; thence continuing 76 deg. 33 min. west 40.0 feet to an iron pin; thence south 13 deg. 27 min. west 150 feet to an iron pin; thence south 76 deg. 33 min. east 40 feet to an iron pin; thence north 13 deg. 27 min. east 150.0 feet to an iron pin, the true place of beginning. 3 0� 3 STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: PC -15-08 Petitioner: Fetter Properties, LLC Request: Rezone 6 parcels (Approximately 44 acres) From: M1 (Low Density Multifamily Residential) and C1 (Small to Medium Scale General Commercial) To: C2 (Medium to Large Scale General Commercial) Location: 2400 block of E 10th St Council District: #4 (Connie Sellers) Hearing Date: February 24, 2015 Rezoning Request Fetter Properties, LLC requested that 6 parcels located on the 2400 block of E 10th St be rezoned from M2 (Medium Density Multifamily Residential) and C1 (Small to Medium Scale General Commercial) to C2 (Medium to Large Scale General Commercial). Five of the parcels are less than one acre and contain a total of three residential structures. The sixth parcel holds 42 acres and is vacant. Property Street Parcel Number (18 -digits) Owner Approx. Acreage 2413 EAST 10TH ST* 10-19-01-100-308.000-009 BOTTORFF CARLENE 0.785 2421 EAST 10TH ST* 10-19-01-100-373.000-009 Fairview Farm Properties LLC 0.781 (TO BE ASSIGNED)* 10-19-01-100-372.000-009 Fairview Farm Properties LLC 0.154 2400 BLOCK ASHLEY DR 10-19-01-100-344.000-009 Hickory Tree Properties LLC & Ahlemann Elizabeth B 42.031 2409 EAST 10TH ST* 10-19-01-100-306.000-009 MATTINGLY WILLIAM E & MARY G 0.454 (TO BE ASSIGNED)* 10-19-01-100-307.000-009 MATTINGLY WILLIAM E & MARY G 0.192 *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 Page 1 of 16 PC -15-08: Fetter Properties Rezoning • Responsible development and growth. Property Location The property spans from 10th Street to Thompson Lane. It is bordered Woods of Northaven subdivision and Green Spring Mobile Home Park west and the Ashley Square Duplexes are on the east side. by the on the Intersection of 10th St. & Allison Lane Woods of Northaven Subdivision Figure 1: Vicinity Map Page 2 of 16 PC -15-08: Fetter Properties Rezoning Aerial Imagery Hall Lane Stub Street Multi -family development on Ashley Drive Snyder Drive and Thompson Lane intersection Page 3 of 16 Thompson Lane behind Multi -family Development PC -15-08: Fetter Properties Rezoning Comprehensive Plan & Planning Districts This property falls within the Suburban Marketplace and Suburban Neighborhood Planning Districts in the Jeffersonville Comprehensive Plan. The plan provides the following guidance for these districts: "The Suburban Marketplace Corridors are generally located along major roadways with well-defined beginning and ending points and established depths along the length of the corridor. The pattern of development is distinguished by a mixture of medium to high intensity uses. Accommodations for transit users, bicyclists, and pedestrians are encouraged in an effort to attract a variety of users as well as to minimize automobile dependency and traffic congestion. Connectivity to nearby uses should be encouraged. Developers should be encouraged to design new commercial development in compact groups of buildings, which use the same curb cut, share parking, have a common freestanding sign identifying the uses and have a common buffering or streetscape plan with respect to any abutting uses of lower density or intensity. This form may include medium to high-density residential uses that are designed to be compatible with both the non-residential uses along the corridor and the lower density residential uses in adjacent form districts. Medium density residential uses may serve as a transition area from lower to higher density residential uses and should be encouraged in this form. Proposed new commercial uses are encouraged to locate within the boundaries of existing corridors. Reuse of locations within existing corridors is preferred over expansion of a corridor. Proposals to expand defined corridors represent significant policy decisions. When considering proposals that result in an extension of suburban marketplace corridors, particular emphasis should be placed on: (a) use or reuse of land within existing corridors; (b) potential for disruption of established residential neighborhoods; and (c) compliance with the site and community design standards of the development code." "The Suburban Neighborhoods District is characterized by predominantly residential uses that vary from low to high density and that blend compatibly into existing landscape and neighborhood areas. High-density uses will be limited in scope to minor or major arterials and to area that have limited impact on the low to moderate density residential areas...The district may contain open space and, at appropriate locations, civic uses and neighborhood centers with a mixture of uses such as offices, retail' Page 4 of 16 PC -15-08: Fetter Properties Rezoning Planning Districts Map - Downtown Historic District Primary Gateway - 10th St. Primary Gateway - 14th St. Primary Gateway - 6th St. Primary Gateway - Court Ave. Primary Gateway - Eastern Blvd. 111111 Regional Marketplace Center Suburban Marketplace Suburban Neighborhood - Suburban Workplace Traditional Marketplace Traditional Neighborhood Traditional Workplace Page 5 of 16 PC -15-08: Fetter Properties Rezoning Zoning The current zoning of this property is M2 (Medium Density Multifamily Residential) and C1 (Small to Medium Scale General Commercial). This section of 10th Street is home to a variety of zoning districts all in close proximity to one another. The requested zoning, C2 (Medium to Large Scale General Commercial), allows most commercial activities. The intent of this district is shown in the attached documents. DISTRICTS Commercial Corridor Overlay Commercial Corridor Overlay District Utica Pike Overlay District Wellhead Protection Overlay District Historic District Undetermined Parcels Rt: tow Density Residential R2: Medium Density Residential R3: Old City Residential Mt: Low Density Multi Family Residential M2: Medum Density Multi Family Residential M3: Nigh Density Mit Family Residential MP: Mobile Home Park NC: Neighborhood Commerical C1: Smal 10 Medium Scale General Commercial C2: Medun to Large Scale General Commercial DC: Downturn Commerical HC: Highway Commercial OC: Dike Commerical erical M: AgniWlural PR Parks and Recreation IS: Institutional Use NI: Neighborhood Industrial 11: Business Paraght Industrial t2: Industrial ParkMeavy Industrial IR. INAAP Redevelopment Page 6 of 16 PC -15-08: Fetter Properties Rezoning Attachments 1. Applicant's Letter of Intent 2. C1 District Intent 3. M2 District Intent 4. C2 District Intent 5. C2 District Standards 6. Letters received from the public Page 7 of 16 PC -15-08: Fetter Properties Rezoning APPLICATION FOR REZONING OF FETTER PROPERTIES, LLC LETTER OF INTENT Fetter Properties, LLC (hereinafter "Fetter'), seeks to rezone the property containing approximately 43 acres and having the address of 2413 and 2421 E. 10'x' Street and the 2400 block of Ashley Drive, Jeffersonville from its existing classification M2 District Classification (Medium Density Multifamily Residential) to a C2 District Classification (Medium to Large Scale Commercial) so that it may relocate the existing automobile auction husiness its affiliate corporation currently operates and known as Clark County Auto Auction. Fetter is currently under an agreement to purchase the property from companies owned by the heirs of Robert Bottorff, or companies owned by such heirs. 1. PROPERTY DESCRIPTION AND EXISTING ZONING CLASSIFICATION The subject property is situated on the north side of 10"' Street across for Childplace and currently has two residences near 10"' street and the balance of the subject property has been used as vacant/agricultural. The property is hounded to the east by Ashley Square Apartments (M1); to the north by Thompson Lane and property zoned M2; to the west by a mobile home park (MP) and single family residential (R2). Most of the property across 10th street is zoned 11 (Business Park/Light Industrial). 2. APPLICANT The applicant is Fetter Properties, LLC. The owners of Applicant also own the company known as Clark County Auto Auction. Clark County Auto Auction is the largest dealer and public auto auction in the Midwest region and is a member of the National Association of Public Auto Auctions. Clark County Auto Auction was started in 1982 by father and son, Charles and Mark Fetter. After more than 30 years of incredible growth, the auction is now operated by third generation owner, Matt Fetter. Clark County Auto Auction currently operates from its existing 14,(x)0 square foot facility on 12 acres on 10'" Street. Clark County Auto Auction hosts live consignment sales at the auction facility and online every Wednesday. Due to the incredible success of its existing auto auction husiness, the company needs to expand. The Applicant owns a shovel ready site in Louisville and was prepared to relocate to Louisville when the subject property became available. However, Applicant prefers to stay in Jeffersonville so that it may continue to operate under the name Clark County Auto Auction. The Applicant has retained Kovert & Hawkins to do the design and engineering work associated with the various applications and construction. The auto auction currently employs approximately 92 people have an annual payroll in excess of 52,500,000.00. The auction currently sells approximately 20,000 cars per year from its current site from buyers all over the country. It is estimated that the husiness generates 52,0(0,000.00 in indirect economic impact to Jeffersonville and Clark County. 195221 Page 8 of 16 PC -15-08: Fetter Properties Rezoning 3. PROJECT DESCRIPTION a. Type of Project. Applicant intends to develop the subject property as one project containing an approximately 25,000 square foot building with customer parking in front of the building and the auction vehicles to the rear of the building on approximately the easterly 30 acres of the property adjoining Ashley Square Apartments. At this point, there is no plan to modify the westerly 10 acres adjoining the mobile home park and the Woods of Northhavcn Subdivision. At this point it is anticipated that the project will cost in excess of $9,000,000 including land acquisition. Appropriate buffers will he placed between the proposed use and Ashley Square Apartments. The proposed use would enable the auto auction to operate twice a week. b. Land Classifications. Jeffersonville's Zoning Code provides that the provisions that regulate the C'2 District should not overly restrict normal business practices and can he used adjacent to all other commercial district and the R3, M1 and M2 residential districts. The C2 District classification, together with a grant of special exception for auto sales (open air, limited mechanical services or body shop), would allow the proposed use of the Property. Your zoning code provides that the Plan Commission should use the C2 District to encourage a strong and stable are for commerce. Such is the present application. Your zoning code contains specific development standards for auto sales and Applicant intends to apply for a variance from those development standards to increase the maximum number of parking spaces 011 the subject property as well as configuration of those parking spaces. Applicant will likewise seek reduction in the number of landscape islands in the rear parking lot but appropriate buffers will he placed throughout the boundaries of the site. 4. REQUEST FOR APPROVAL. The requested zoning classification and special exception would enable Applicant to keep its business in Jeffersonville and develop the subject property from a largely empty tract of land in the middle of the Commercial Corridor District into a architecturally, aesthetically pleasing vibrant commercial business drawing customers from all over the Midwest on a weekly basis to shop, dine and sleep in Jeffersonville. 198_221 Page 9 of 16 PC -15-08: Fetter Properties Rezoning "Cl" District 4.13 "Cl" 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 "C2" 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 lots fronting 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 Business: 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 Business: 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 (farmers 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 10 of 16 Jeffersonville Zoning Ordinance PC -15-08: Fetter Properties Rezoning M2 District 3.11 M2 District Intent, Permitted Uses, and Special Exception Uses District Intent The 'M2' (Medium Density Multifamily Residential) District is intended to provide a land use category for small-scale multifamily apartment, townhouse, or condominium developments. The provisions that regulate this zoning district allow a limited mix of multifamily residential uses and one primary structure per lot. Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to integrate this district near NC, OC, and DC Commercial Districts, and very sensitively near other residential districts. This district should also be within dose proximity to parks, open space, services, and retail if possible. Avoid locating near conflicting land uses. The Plan Commission and Board of Zoning Appeals should strive to promote a maximum density of up to 8 dwelling units per acre in the 'Mr district. Permitted Uses Residential • dwelling, multifamily (duplex) • dwelling, multifamily (3 to 4 units) • dwelling, multifamily (5 to 8 units) Miscellaneous • occessory uses Special Exception Uses Residential • assisted living facility • dwelling, single-family • nursing home • retirement community • residential facility for developmentally disobled (4 bedrooms or less) • residential facility for mentolly ill (4 bedrooms or less) Institutional/Public Facilities • church, temple, or mosque Communication/Utilities • telecommunication facility Miscellaneous • home occupation # 3.12 Page 11 of 16 Jeffersonville Zoning Ordinance PC -15-08: Fetter Properties Rezoning M2 District 3.12 M2 District Development Standards Lot Wldth Lot Ares �• I - prosity LNrs Lai Frontage H R.O.W. R.O.W. •N DsR.d onTh c.4M. Plan Minimum Lot Area: • 25,000 square feet Minimum Lot Width: • 100 feet Maximum Lot Depth: • 2.5 times the Lot Width Minimum Lot Frontage: • 50 feet on a Public Street with access frorn said Public Street Sewer and Water: • Requires municipal water and sewer hookup Accessory Structures I01 mechanical !Building Height chimneys are a»n O Flet Rad Structures Gable Rod Structures (from highest (from highest gable roof) section d list roof) Maximum Structure Height: • 40 feet for the Primary Structure • 18 feet for Accessory Structures Maximum Stories: • 2 Stories Side Yard Setback c9 0• Rao Yard Sedurcht ocS' lol Building Envelope R.O.W. R.O.W. As Dslinsd [n Tnaouprtan Plan Minimum Front Yard Setback: • 35 feet when adjacent to an Arterial Street • 30 feet when adjacent to a Local Street Minimum Side Yard Setback: • 30 feet per side for the Primary Structure • 15 feet per side for Accessory Structures Minimum Rear Yard Setback: • 20 feet for the Primary and Accessory Structures RO. W. • N Mined on TMrarp lm PM Maximum Lot Coverage: • Square footage of all Primary and Accessory Structures, and impervious surface cannot exceed 55% of the lot Area Maximum Density: • 8 units per acre Minimum Main Floor Area: • 1,200 square feet per Primary Structure for multifamily uses Minimum Floor Area Per Unit: • 850 square feet average per dwelling unit in each multiple -unit Primary Structure, with 500 square feet the absolute minimum Maximum Primary Structures: • 10 Additional Development Standards that Apply Lot, Yard, and Density (LY) •LY -01 Page -3 Height (HT) • HT -01 Page 7-4 Accessory Structure (AS) • AS -01 Page 7-5 • AS -02 .. Page 7-6 • AS -05 Page 77-6 • Fences 9es and Walls(FW) 7-8 Temporary UsesU) • TU -01 Page 7-9 • TU -02 Page 7-9 Home Occupation (HO) • HO -01........ ....... Page 7-10 • HO -02 Page 7-11 Public Improvement (PI) • PI -01 Page 7-13 Landscaping (LA) • LA -01 Page 7-14 • LA -02 Page 7-15 • LA -03 Page 7-17 • LA -05 Page 7-18 Buffer Yard (BY' • BY -01 Page 7-19 Expressway Buffer (E • EB -01 Page 7-24 Environmental (EN) • EN -01.... Page 7-25 FP--0�Page lain (FP) • 7-27 Performance (PF) • PF -01 Page 7-30 Lighting (LT) • LF --01 Page 7-31 General Signs (GS) • GS -01. . Page 7-32 -01 Temporary Signs age 7 • 7-34 e Permanent Signs (PS) • PS -01 Page -35 Parking (PK) • PK -03 Page 7-39 • PK -07 Page 7-41 • PK -08 Page 7-43 • PK -09 Page 7-43 Entrances/Drives (ED) • ED -01 Page 7-45 Vision Clearance (VC) • VC -01 Page -47 Telecommunication Facilities (TC) • TC -01 Page 7-48 • TC -02 .... Page 7-51 Special Exception (SE) • SE -01 Page 7-54 Miscellaneous (MC) • MC -02 Page 7-58 • MC -04 Page 7-58 • MC -05 Page 7-58 • MC -06 Page 7-58 • MC -07 Page 7-59 Article Three: Residential Zoning Districts Page 12 of 16 PC -15-08: Fetter Properties Rezoning 3-13 "C2" District 4.15 "C2" District Intent, Permitted Uses, and Special Exception Uses District Intent The "C2" (Medium to Large Scale General Commercial) District 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 "R3," "Mt" and "M2" residential districts. However, buffering should be provided between this district and any residential district. Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to use this district with the "C1" 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, un -landscaped large parking lots, parking lots fronting major streets, and traffic conflicts in the "C2" District. 4.16 Page 13 of 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 machine/ATM • drive-thru bank/credit union • office complex •medical/dental clinic Business: Personal Service • barber/beauty shop • drive-thru dry cleaning service •dry cleaning service • fingemail salon • fitness center/gym • health spa • tanning salon Business: 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 •furniture store •enclosed 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 sales (motor home sales) Business: Food Sales/Service •convenience store (with gas pumps) Business: General Business •airport • boat sales/service • funeral home or mortuary • helipad or heliport •light rail station • sign painting/fabrication • mini -storage facility (mini warehouse) • motor bus station • railroad station Business: Recreation • ball 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 Jeffersonville Zoning Ordinance PC -15-08: Fetter Properties Rezoning "C2" District 4.16 "C2" District Development Standards - Lot Width Minimum Lot Area: • 2 acres (87,120 sq. ft.) Minimum Lot Width: • 250 feet Maximum Lot Depth: • 2.5 times the Lot Width Minimum Lot Frontage: • 150 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 eat roof) Gable Roof Structures (from highest gable roof) Maximum Structure Height: • 25 feet for the Primary Structure • 20 feet for Accessory Structures Side Yard Setback Budding Envelope-. )\ Rear Yard Setback Front Yard Setback ROW / R W. • •s tkMed on Tlgronnhre Plan Minimum Front Yard Setback: • 35 feet when adjacent to an Arterial • 25 feet when adjacent to a Local Street Minimum Side Yard Setback: • 25 feet (plus Buffer Yard) Minimum Rear Yard Setback: • 30 feet for the Primary/Accessory Structure (plus Buffer Yard) Maximum Lot Coverage: • square feet of all primary and accessory structures. and impervious surface cannot exceed 70% of the Lot Area Minimum Main Floor Area: • 5,000 square feet for Primary Structures Additional Development Standards that Apply LP Lot, Yard, and Densitynsi7-3 Y) • g Heigh • HT -01 (HT) Page 7.4 Accessory Structure (AS) • AS -01 Page 7-5 Fences and Walls • FW-02po (TU) Page -8 .TU -01e1 Temporary Uses Page 7-9 •TU -03 Page 7-9 Public Improvement (PI) • PI -01 Page 7-13 Landscaping (LA) • LA -01 Page 7-14 • LA -02 Page 7-15 • LA -03 Page 1-17 Buffer Yard (BY) • BY -01 Page 7-19 Expressway Buffer (EB) • EB -01 Page 7.24 Environmental (EN) Vision Clearance (VC) • EN -01 Page 7-25 • VC -01 Page 7-47 Floodplain (FP) Telecommunication • FP -01 Page 7-27 Facilities (TC) Performance (PF) • TC -01 Page 7-48 • PF -01 Page 7-30 • TC -03 Page 7-51 Lighting (LT) Special Exception (SE) • LT -01 Page 7-31 • SE -01 Page 7-54 General Signs (GS) Miscellaneous (MC) • GS -01 Page 7.32 • MC -02 Page 7-58 Temporary Signs (TS)• MC -04 Page 7-58 • TS -02 Page .34 • MC -05 Page 7-58 Permanent Signs (PS) • MC -06 Page 7-58 • PS -05 Page 7-37 • MC -07 Page 7-59 Parking (PK) • MC -08 Page 7-60 • PK -06 Page 7-40 • PK -07 Page 7.41 • PK -08 Page 7-43 Loading (LD) • LD -01 Page 7-44 Entrances/Drives (ED) • ED -01 Page 7-45 Article Four: Institutional and Commercial Zoning Districts Page 14 of 16 PC -15-08: Fetter Properties Rezoning 4-17 From: Mike Foley jmailto:mdfoley75yahoo.comj Sent: Thursday, February 19, 2015 3:09 PM To: Shane Corbin Subject: zoning We just recently purchased a beautiful home in the Woods of Northaven and we really are strongly opposed to changing the zoning of the 2400 block of Ashley drive to C 2 . Clark county auto auction already has a fine facility and we didnt move here to be blasted by lights and loudspeakers all the time. Also this area is needed to build quality homes in this town. Also we would be left with yet another vacant building and lot on 10th street where they left the old auto auction. I beg you please as a concerned resident to Not allow this zoning change as it will seriously harm this community located beside and behind Ashley drive. Thankyou From: Mary Mullins <marydayshift(a�gmail.com> Date: February 19, 2015 at 7:36:13 PM EST To: Shane Corbin <scorbinCityofJeff.net> Subject: No to zone changes I Mary R Mullins, at 1606 Jacobs Lane. I am against the zone changes. I wouldn't have paid 148,000.00 for a house that would have a parking lot behind it. I live in the Woods of Northaven. I love the woods behind my house. I enjoy seeing deer, rabbits, and turkeys. With the zone changes, I will have to deal with more traffic, more stangers adding potential danger. Lights, loud noise, and the loss of wild life. Most of all, the loss of value in my home. This is a quiet, family oriented neighborhood, were you see kids outside playing. If you do approve these changes buy me out. At my current property value rate. So, I can relocate. If you dont care about the communties in Jeffersonville. I will no longer want to be a part of Jeffersonville. Thank You Mary R Mullins From: Thaddaeus Burgess <burciessthadl(agmail.com> Date: February 19, 2015 at 5:27:23 PM EST To: Shane Corbin <scorbin(a CityofJeff.net> Subject: Complaint - Clark County Auto Auction - 2400 Ashley Drive - Re - Zoning Application Hi Shane, You recently received an application from the Clark County Auto Auction to change the zoning of the 2400 Block of Ashley Drive (42 acre parcel) from M-2 Residential to C-2 Commercial. I own my home and property at 420 Thompson Lane and am joining the Northhaven Neighborhood's Citizen Action Coalition to stand against this application being accepted by your department. Page 15 of 16 PC -15-08: Fetter Properties Rezoning I strongly believe that my home and property value will be permanently and irreparably reduced and harmed if this application is approved. Furthermore, the installation of more than 2,300 parking spaces adjoining my property, the traffic congestion and noise pollution from weekly auctions, as well as the Tight emanating from the area will disturb the peace and tranquility of my property and neighborhood. As an adjoining property owner of the parcel in question, I hereby formally submit my complaint and deepest concern regarding the approval of the said application. I stand against such approval for the stated reasons and plan to do everything within my legal right to pursue action leading to the denial of the stated application. If this application is approved and my concerns are ignored, my property value will certainly be reduced. Thank you so much for your kind consideration of my concerns, and I trust that the Jeffersonville Department of Planning and Zoning will not discount my concerns. Please advise if may assist you or your department in any other way regarding this decision. Sincerely, Thaddaeus Burgess 420 Thompson Lane Jeffersonville, IN 47130 burqessthad1qmail.com 502-644-7726 Page 16 of 16 PC -15-08: Fetter Properties Rezoning 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 A CERTAIN TRACT OF PROPERTY LOCATED AT 2400 BLOCK OF EAST 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Cl and M2 TO C2 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 2400 BLOCK OF EAST 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C1 AND M2 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 2400 Block of East 10th Street and fully described in Exhibit A from C 1 and M2 to C2 -Medium to Large Scale General Commercial. A public hearing will be held on March 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. Les Merkley City Attorney Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 ZONING CON This Zoning Commitment is made in accordance Sections 12.3(B) and (E) of the Jeffersonville Zoning Co( 1 -er 1- D l oo �.- FR.Qm 167._A -1015 and Fetter Properties, LLC, a Kentucky limited liab ect Properties, LLC("Fetter'), with an address of 161 in favor of The City of Jeffersonville, Indiana, the City of Jeffersonville Advisory Pian commission (hereinafter referred to as the "Plan Commission"), and the City of Jeffersonville Board of Zoning Appeals (the "BZA", and also collectively referred to as the "City"), with an address of 500 Quartermaster Court, Jeffersonville, Indiana 47130. RECITALS: WI IFREAS, Fetter is the owner of an approximately 44 acre parcel of real estate located in the 2400 Block of 10`" Street in Jeffersonville. Indiana (the "Real Estate"), which includes the property more particularly in Exhibit A attached hereto and made a part hereof; and, WHEREAS. Fetter previously filed an application with the City of Jeffersonville Plan Commission (the 'Plan Commission") to change the zoning designation of the Real Estate from M2 District Classification (Medium Density Multifamily Residential) and C 1 District Classification (Small to Medium Scale Commercial) to a C2 District Classification (Medium to Large Scale Commercial) as Docket No. PC -15-08, and (ii) approval ofa Development Plan as Docket No. PC -14-18; and, WHEREAS, simultaneously with the filing of the foregoing application, Fetter filed its application with the Jeffersonville Board of Zoning Appeals (the "BZA") for the grant of a special exception and development standards variances to permit the construction and operation of a Auto Sales (Open Air, limited Mechanical Services or Body Shop) as Docket No. BZA-15-06 for purposes of enabling Fetter to relocate and operate its business known as Clark County Auto Auction; and, WHEREAS, during the regular meetings of the Plan Commission on February 24, 2015, the Plan Commission favorably recommended approval of the rezoning and favorably recommended approval of the development plan provided Fetter voluntary met with interested parties in the Jeffersonville City Courthouse on February 28. 2015; WHEREAS, as part of the public meeting and in furtherance of Fetter's applications to (i) rezone the Real Estate to C2 (Medium to Large Scale General Commercial), and (ii) the granting of a special exception and obtaining development standards variances. Fetter voluntarily commits and agrees that if the requested rezoning and grant of special exception and development standards variances are finally approved, that Fetter would covenant to not access the real estate by any street other than 10`h Street and would commit to maintain certain minimum buffer areas and make certain improvements within those buffer areas; and, WIIEREAS. in order to reflect this agreement, Fetter now voluntarily tender this Zoning Commitment pursuant to the provisions of Ind. Code § 36-7-4-1015 as an inducement to the granting of Fetter's zoning, special exception and variance applications. NOW, THEREFORE, in consideration of the grant of (i) the requested Zone Map change regarding the Real Estate from M2 (Medium Density Multifamily Residential) and Cl (Small to Medium Scale Commercial) to a C2 District Classification (Medium to Large Scale Commercial), (ii) the special exception and development standards variances to permit the construction and operation of the proposed auto auction on the Real Estate, and (iii) the administrative amendment to Fetter's development plan. Fetter expressly commits to the following: 1. Tree Canopy Protection. Fetter covenants and agrees that, notwithstanding anything to the contrary contained in the Jeffersonville Zoning Ordinance now or hereafter in effect. a. Fetter shall not disturb any portion of the land or existing vegetation which is in good health and situated within the 40 foot wide portion of the Real Estate situated immediately adjacent to and running parallel with the easterly boundary of Lots 201 through 221 and Hall Lane as shown on The Woods of Northaven Subdivision, Section 2, the plat of which is shown in Plat Book 15, Page 45 and Lot 133 as shown on the Woods of Northaven, Section 1, as shown in Plat Book 15, Page 7, both in the office of the Recorder of Clark County, Indiana (the "Northaven TCP Area"). b. Fetter shall not disturb any portion of the land or existing vegetation which is in good health and situated within the forty-five (45) foot wide portion of the Real Estate situated immediately adjacent to and running parallel with the public right of way known as Thompson Lane (as same is determined and located by the City of Jeffersonville) commencing at the terminus of the eastern edge of the Snyder/Thompson Lane Berm (as defined in Paragraph 2 hereof) and continuing to the western edge of the Ashley Buffer Area (as defined in paragraph 2 hereof) (the "Thompson Lane TCP Area"). The limitations in this paragraph shall not require or prohibit Fetter from removing dead or diseased vegetation. 2. Additional Buffer Areas. Fetter covenants and agrees that. notwithstanding anything to the contrary contained in the Jeffersonville Zoning Ordinance now or hereafter in effect: 2 205086 2 a. Fetter shall cause to be constructed an earthen berm immediately adjacent to and parallel with the Northaven TCP Area (the "Northaven Berm"), and shall cause to be planted within the Northaven Berm, a row of evergreen trees planted no more than 20 feet apart. Said evergreen trees shall be at least six (6) and eight (8) feet tall and planted in an alternating pattern on each side of the crest of the berm within one (1) foot from the crest of the berm so that it will appear that each tree is 20 feet from each other; b. Fetter shall cause to be constructed an earthen berm immediately adjacent to and parallel with the southerly right of way line of the public rights of way known as Snyder Road and Thompson Lane (as same is determined and located by the City of Jeffersonville) which berm shall commence at its intersection with the Northaven Berm and extend approximately 370 feet to the existing tree line adjoining Thompson Lane (the `'Snyder Road Berm," and together with the Northaven Berm, hereinafter collectively referred to as that "Berms'), and shall cause to be planted within the Snyder Road Berm, a row of evergreen trees planted no more than 20 feet apart. Said evergreen trees shall be at least six (6) to eight (8) feet tall and planted in an alternating pattern on each side of the crest of the berm within one (1) foot from the crest of the berm so that it will appear that each tree is 20 feet from each other. c. The Berms shall be constructed from soil taken from the Real Estate during the course of Fetter's initial improvements to the Real Estate. Fetter shall endeavor to construct berms four (4) feet in height using soil taken from the Real Estate but said berms shall, at a minimum be three (3) feet in height (as measured from the existing ground elevation). Fetter shall not be obligated to transport soil from off-site in order to construct the Berms provided said Berms are at least three (3) feet in height. Once installed. Fetter shall not remove the Berms nor any evergreen trees, other than those dead or diseased evergreen trees provided any dead or diseases evergreen tree so removed shall be replaced with an evergreen tree of the same size and character as originally planted by Fetter. d. Following installation of the Berms and evergreen trees, Fetter shall not pave, fence or otherwise improve any portion of the Real Estate situated within: i. The sixty-five (65) foot wide strip of ground immediately adjacent to and running parallel with the easterly boundary of Lots 201 through 221 and Hall Lane as shown on The Woods of Northaven Subdivision. Section 2. the plat of which is shown in Plat Book 15, Page 45 and Lot 133 as shown on the Woods of Northaven. Section 1, as shown in Plat Book 15, Page 7, both in the office of the Recorder of Clark County, Indiana (the "Northaven Buffer Area") which Northaven Buffer Area shall encompass and include the Northhaven TCP Area and the Northaven Berm; and ii. The forty-five (45) foot wide strip of ground immediately adjacent to and running parallel with the southerly right of way line of the public rights of way currently known as Snyder Road and Thompson Lane (as same is determined and located by the City of Jeffersonville) (the "Snyder/Thompson Lane Buffer Area," and together with the Northhaven 3 205086_2 Buffer Area, hereinafter referred to as the "Buffer Areas") which Snyder/Thompson Lane Buffer Area shall encompass and include the Snyder Berm and the Thompson Lane TCP Area; and iii. The forty-five (45) foot wide strip of ground immediately adjacent to and running parallel with the westerly boundary of Ashley Square, Sections One and Two, the plats of which are shown in Plat Book 11, page 11, and Plat Book 11, page 28, both in the Office of the Recorder of Clark County. Indiana (the "Ashley Buffer Area," and together with the Northhaven Buffer Area and the Snyder/Thompson Lane Buffer Area, hereinafter referred to as the "Buffer Areas"). 3. Development Plan Amendments. In consideration of the covenants contain in this Paragraph 2: a. Fetter shall be relieved from any development plan requirements to landscape the exterior of the northwesterly and southwesterly fence line of the proposed fence bounding the rear parking lot situated on the Real Estate; and b. Fetter shall be entitled to otherwise improve, fence or pave any of the Real Estate not within the Buffer Areas, provided such improvement, fence or pavement complies with any development standards of the Jeffersonville Zoning Ordinance now or hereafter in effect. c. So long as Fetter does not encroach on any part of any of the Buffer Areas, Fetter may seek variances from any development standards of the Jeffersonville Zoning Ordinance, now or hereafter in effect, in accordance with those procedures prescribed by the Jeffersonville Zoning Ordinance as now or hereafter in effect. 4. Limited Access. Fetter shall access the Real Estate only by 10th Street and shall not access or exit the Real Estate via Hall Lane, Snyder Road or Thompson Lane. Additionally, Fetter shall take no voluntary action to access or exit the Real Estate via Hall Lane, Snyder Road or Thompson Land or voluntarily dedicate any portion of its Real Estate for purposes of enabling others to access Hall Lane, Snyder Road or Thompson Lane. 5. No Public Address System. Regardless of whether allowed by the Jeffersonville Zoning Code, Fetter shall not use or otherwise allow the use of a public address system containing speakers or other sound emanation system situated or mounted on the exterior of the improvements to be constructed on the Real Estate. Nothing contained herein shall be deemed to prohibit the use of speakers on the inside of the proposed building to be constructed on the Real Estate. 6. Barbed Wire. Regardless of whether allowed by the Jeffersonville Zoning Code, Fetter shall not place or otherwise allow the placement of barbed wire on any portion of any fence constructed on the Real Estate. 4 205086_2 7. Conditions to Effectiveness. This Zoning Commitment shall become binding on Fetter and it successors and assigns. thirty (30) days following the last to occur of the following: a. The final adoption of an ordinance by the Common Council of the City approving the Zone Map change regarding the Real Estate to C2 (Medium to Large Scale General Commercial) as requested by Fetter; b. The final grant of a special exception and development standards variances authorizing the development and use of the Real Estate as an Auto Sales (Open Air, limited Mechanical Services or Body Shop) facility by the BZA; and c. Administrative approval of the minor changes to the approved Development Plan reflecting the Bern Areas and Buffer Areas identified herein: and d. Acquisition of the Real Estate by Fetter. By acceptance of this zoning commitment, the Planning Director is hereby authorized and instructed to administratively amend the approved Development Plan to reflect the TCP and Buffer Areas identified herein. 8. Recordation. Subsequent to the satisfaction of said conditions precedent, the Applicant shall execute this Zoning Commitment, cause same to be recorded in the office of the Recorder of Clark County, Indiana, and provide a duly recorded copy of same to the City Planning Director. Prior to such recording, the City shall not be obligated to issue a building permit for any portion of the Real Estate. 9. Binding Effect. The terms and conditions of this Zoning Commitment shall be covenants touching and concerning the Real Estate, shall run with the Real Estate and shall be binding on, and enforceable against, Fetter, or its successors or assigns. 10. Enforcement. Whether prior or subsequent to the recordation of this Zoning Commitment. as provided hereinabove, the terms and conditions of this Zoning Commitment may be enforced in any Indiana court of competent jurisdiction by the City by the Jeffersonville Plan Commission and the BZA who shall have continuing jurisdiction over, and authority to enforce, this Zoning Commitment in accordance with the terms set forth herein. 1 1. Following the recordation of this Zoning Commitment, the terms of this Zoning Commitment may be modified or terminated: (i) upon a subsequent change in the zone map applicable to the Real Estate in accordance with the procedures set forth in the Jeffersonville Zoning Ordinance now or hereafter in effect; or (ii) by subsequent written amendment or termination executed by (a) the then owner of the Real Property. (b) the City of Jeffersonville Plan Commission subsequent to a regular or special meeting following notice as required by Indiana law, (iii) The Woods of Northaven Property Owner's Association. 5 205086_2 IN WITNESS WHEREOF, this Zoning Commitment is voluntarily made, undertaken, and tendered by Fetter Properties, LLC, by the undersigned as its duly authorized member, to the City of Jeffersonville, Indiana, the City of Jeffersonville Advisory Plan Commission, and the City of Jeffersonville Board of Zoning Appeals in consideration of the grant of the zoning approals, development plan amendment, special exception and variances referenced hereinabove on this ?-t, day of March, 2015. STATE OF INDIANA COUNTY OF CLARK ) SS: FETTER PROPERTIES, LLC, a Kentucky limited liability company doing business as Fetter Select Properties, LLC By: tid' Name: /f4 Her- Title: kr Title: piunbir" Before me a Notary Public in and for the above-named County and State, personally appeared , as the duly authorized Member of Fetter Properties, LLC, a Kentucky limited liability company doing business as Fetter Select Properties, LLC, and acknowledged the execution of the foregoing Zoning Commitment on behalf of such company as its free and voluntary act and deed for the uses and purposes specified therein. Witness my hand and Notarial Seal, this My Commission expires: Resident of NARK County of March, 2015. otar' "ubli Printed Signature 6 /77(L 205086_2 DECLARATION 1 affirm, under the penalties for perjury. that I have taken reasonable care to redact each Social Security number in this document, unless required by law, and that this instrument was prepared by: Alan M. Applegate, Attorney APPLEGATE FIFER PULLIAM LLC 428 Meigs Avenue Jeffersonville. IN 47130 (812) 284-9499 7 205086_2 N yc0'335-. 0Ntl Oy3-(D y °3•NN ~O fD �•,3.,. Cin) soaa5_ 3oN3a:t•-•0m .F y-. 7ro<mm=3m 0-, 0 p.Wcp =" C m aw E �o QP"::aN a� o ° f7 -1 N (0 O N N O. y j w �0 fD O N w ,�. O- ID w i pmv NOO..r0< foci 0jo <. �Cj �.QrNC000 0�N °ma-1co3 �pgvi loowwo?;m ohm0' o .y. 7• W`* C7 0.NN 13 N dO.'y 0. f0 C N �. O w ' 3 D�'a y' fD o 3 -, 3.0 Ew y m o ,w.'N w wvO Qj C (loco O o N N <D Cv pO. o ?•� p �'� N� O.Q. O 0 0.2 m y yZ3 CDD F.7'n a: 2 > > N• w • iii C ° ro N 30 W .9 0 ,N„ �• N .1.Q D) <:. N CD D N .0i• fn iir y30. 7,•C w �N 0. (Dy (DN 5- iy (C 0 w g:'!') ;ua;ul ;ata;s!Q ".3-0 -N w w 3* y (DO -I 0 w N w w 6x.3- -I 4.-3 Cvto 0 0-1 w (0 3" 3 3 .= 3 -* S O y '. 3. 7 N 3 CD y N 3" y N a N 1, SD g ID `-.'4 3'0 0.0.3 - N O ON fD 3 a. s< 0.N Q13 w y i N N fD = 3 tD (7033 soa,3O5-CO" 133flitl00.flaNm 0n'W n N nf0 f0 w 0 -7 'al. 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S N CO CD 0 3 N w V Cg y y 0. ca 3 .0. ° .3•., w .3•. fD 0. 0w 0. 0 C 3 N - O N W t C 0 -I C -I 0 0 r* N L -. n ni -a ..• -' - ;ua;ui ;a[a;s!Q 0.▪ 1 v 1.3LIlSIQ ,23„ "C2" District 4.15 "C2" District Intent, Permitted Uses, and Special Exception Uses District Intent The "C2" (Medium to Large Scale General Commercial) District is intended to provide a land use category for most Targe 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. However, buffering should be provided between this district and any residential district. Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to use this district with the "Cl" 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, un -landscaped large parking lots, parking lots fronting major streets, and traffic conflicts in the "C2" District. 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 machine/ATM • drive-thru bank/credit union • office complex • medical/dental clinic Business: Personal Service • barber/beauty shop • drive-thru dry cleaning service • dry cleaning service •fingemail salon • fitness center/gym • health spa •tanning salon Business: 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 •furniture store • enclosed 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 sales (motor home sales) Business: Food Sales/Service •convenience store (with gas pumps) Business: General Business • airport • boat sales/service • funeral home or mortuary • helipad or heliport • light rail station • sign painting/fabrication • mini -storage facility (mini warehouse) • motor bus station • railroad station Business: Recreation • ball 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 4-16 Jeffersonville Zoning Ordinance H 741 o 0 CD 1 3 ' -o Pj a) 0 co vol. 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