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Home My WebLink About2015-OR-16STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2015-0R 4.9 - AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 426 EAST 7TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 TO NC Whereas, John McKeehan filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 426 East 7th Street and fully described in the attached Exhibit A from R3_ Old City Residential to NC= Neighborhood 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 real property located at 426 East 7th Street and fully described in the attached Exhibit A is hereby changed from R3= Old City Residential to NC= Neighborhood 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 c9t day of March, 2015. Common Council Of The City of Jeffersonville, Indiana VOTED FOR: , VOTED AGAINST: `7ti• ,lN \'U&& ,-) Vicki Conlin City Clerk Lisa GAII, President Presented to me as Clerk to the Mayor of said City of Jeffersonville this 3 day of March, 2015. This Ordinance approved and signed by me this 2015. Prepared by: Les Merkley Corporate Counsel (140/14/P/eiGik Vicki Conlin City Clerk d Mike oore, May STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF John McKeehan (PC -15-10) TO REZONE A CERTAIN TRACT 426 E 7th Street - Parcel #10-19-00-101-267.000-010 FROM R3(Old City Residential) to NC(Neighborhood Commercial) CERTIFICATION OFUNFAVORABLE/NO RECOMMENDATION SED ORDINANCE Whereas, John McKeehan filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from R3 to NC ; 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 hearin ..the-aeffefsctnville Plan Commission voted by a majority vote of its entire membershi o favorabunfavorably/not recommend the proposed change of zoning designation of the Property to the Jeffersonville Common Council. IT IS THEREFORE CERTI ED that on February 24 , 2015 , the Jeffersonville Plan Commission ,,i•cci\ ' ce(0%140 ^�(�-u-) that the Jeffersonville Common Council enact by ordinance the pr*osed zoning designation change of the property from R3 to NC as requested in the petition of John McKeehan So certified this 24th day of February , 2015 . Chairman Exhibit A Legal Description: PT LOTS 17-18-19 BLK 69 Parcel Number: 10-19-00-101-267.000-010 STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: Petitioner: Request: Location: Parcel #: Council District: Hearing Date: PC -15-10 John McKeehan Rezone one parcel from R3 (Old City Residential) to NC (Neighborhood Commercial) 426 E 7th Street 10-19-00-101-267.000-010 #1 (Mike Smith) February 24, 2015 Rezoning Request John McKeehan requested that a property located at 426 E 7th Street be rezoned from R3 (Old City Residential) to NC (Neighborhood Commercial). The property does not have a structure but has been used by the Buckets Bar and Grill (428/430 E 7th Street) for outdoor seating. Property Location Intersection of 7th Street & Watt Street 426 E7 Street Clark County Courthouse Figure 1: Vicinity Map Page 1 of 7 PC -15-10: 426 E 7th Street Rezoning Zoning Change Procedure The Jeffersonville Zoning Ordinance and Indiana State Statute IC 36-7-4 outlines that the following should be considered when the Plan Commission is reviewing a Rezoning Request: • The Comprehensive Plan; • Current conditions and character of structures and uses in each district; • The most desirable use for which the land in each district is adapted; • The conservation of property values throughout the jurisdiction; and • Responsible development and growth. 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 district is characterized by predominantly residential uses, by a grid pattern of streets with sidewalks and often including alleys. Residential lots are predominantly 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 open 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 a 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 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 building design in those neighborhoods), (b) the preservation of the existing grid pattern of streets and alleys, (c) preservation of public open spaces." Page 2 of 7 PC -15-10: 426 E 7th Street Rezoning Downtown Historic District Primary Gateway - 10th St. 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 Traditional Neighborhood 11111 Traditional Workplace O 9 i4al-v" �p0� ty Figure 2: Planning District Map Zoning The current zoning of this property is Old City Residential (R3) and this is typical for most residences in the downtown neighborhoods. The requested zoning, Neighborhood Commercial (R3), is typically applied to isolated commercial properties in traditional neighborhoods. Residences zoned R3 Court House zoned IS 428/430 E 7"' St zoned NC Subject property zoned R3 Businesses on Court Avenue zoned DC Page 3 of 7 Figure 3: Zoning Map PC -15-10: 426 E 7th Street Rezoning Attachments 1. Site Photo 2. R3 District Intent 3. NC District Intent & Standards 426 E 7th Street with former privacy fence Page 4 of 7 PC -15-10: 426 E 7th Street Rezoning "R3" District 3.7 "R3" District Intent, Permitted Uses, and Special Exception Uses District Intent The "R3" (Old City Residential) District is Intended to provide a land use category for small lots and small -sized single family detached homes. The provisions that regulate this land use district should protect, maintain and promote where possible the "old city residential character" In Jeffersonville. Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to protect this district from business encroachment, conflicting land uses, and non - family oriented businesses. The Plan Commission and Board of Zoning Appeals should strive to promote an average net density of 7 to 8 dwelling units per acre communitywide In the "R3" district. Permitted Uses Residential • child care home (owner -occupied) •dwelling, single family • residential facility for developmentally disabled (4 bedrooms or Tess) • residential facility for mentally ill (4 bedrooms or less) Miscellaneous • accessory uses • home occupation #1 Special Exception Uses Residential • bed and breakfast facility • boarding house (owner -occupied) •dwelling, two-family • residential facility for developmentally disabled (over 4 bedrooms) Business: Personal Service • child care center (day care) Institutional/Public Facilities • public park/recreational center • church, temple, or mosque Comm unication/Utility • public well • telecommunication facility Miscellaneous • home occupation #2 3-8 Page 5 of 7 Jeffersonville Zoning Ordinance PC -15-10: 426 E 71h Street 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 oriented or that have an adverse effect on the existing or future adjacent neighborhoods. 4-6 Page 6 of 7 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 • jewelry store • music store • news dealer/bookstore (not adult entertainment) *thrift store Miscellaneous • accessory uses Special Exception Uses Residential •dwelling, multifamily (upper stories) Institutional/Public Facilities • church, temple or mosque • community center • government office • library • police/fire station • post office • public park/recreation center • recycling collection point (no outdoor storage) • school Business: Food Sales/Service • restaurant • convenience store (with gas pumps) Business: Office/Professional •drive-thru bank machine/ATM Business: Recreation • public docks Communication/Utilities • telecommunication facility • telephone exchange • public well • utility substation Miscellaneous •home occupation #1 Jeffersonville Zoning Ordinance PC -15-10: 426 E 7th Street Rezoning "NC" District 4.6 "NC" District Development Standards of Width Minimum Lot Area: •6,000 square feet Maximum Lot Area: • 20,000 square feet Minimum Lot Width: • 60 feet Maximum Lot Depth: • 2 times the Lot Width Minimum Lot Frontage: • 50 feet on a Public Street with access from said Public Street or rear alley Sewer and Water: • Requires municipal water and sewer hookup Accessory Structures Flat Roof Structures Gable Roof Structure (from highest (hon highest gable roof) section of flat roof) Maximum Structure Height: • 28 feet for the Primary Structure • 15 feet for Accessory Structures Side Yard Setback Building Rear Envebpe Yard Setback Front Yard Setback R.O.W. R O W • As Defined on Thpo.ghrare pian Minimum Front Yard Setback: • 20 feet when adjacent to an Arterial • 15 feet when adjacent to a Local Street Minimum Side Yard Setback: • 12 feet for the Primary and Accessory Structures Minimum Rear Yard Setback: • 12 feet for the Primary and Accessory Structures Maximum Lot Coverage: • Square footage of all primary and accessory structures, and impervious surface cannot exceed 70% of the Lot Area Minimum Main Floor Area: •800 square feet for Primary Structures Maximum Main Floor Area: • 7,000 square feet for Primary and Accessory Structures combined Additional Development Standards that Apply Lot, Page ag Height (HT) •HT1 Page7-4 • AAccce, sory Structturee(A 5) Fences-0and Walls (FW) • Page7$ Temporary Uses U) •TU -01 Page 7-9 •TU -03 Page 7-9 Public Improvement (PI) • PI -01 Page 7-13 Landscaping -01 (LA) P • LAAa 7-14 ag • LA -02 Page 7-15 • LA -04 Page 7-18 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 1-34 • MC -05 Page 7-58 Permanent Signs (PS) • MC -06 Page 7-58 • PS -03 Page 7-35 • MC -07 Page 7-59 • PK -06 Parking (PK) Page 7-40 • PK -07 Page 7.41 • PK -08 Page 7-43 Loading (LD) • L0.01 Page 7-44 Entrances/Drives (ED) • ED -01 Page 7-45 Article Four: Institutional and Commercial Zoning Districts Page 7 of 7 PC -15-10: 426 E 7t" Street Rezoning 4-7 CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley, Corporation Counsel/Director of Legal Affairs 812-285-6493 office 812-285-6403 fax www.cityofjeff.nct 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 426 EAST 7TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 TO NC NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 426 EAST 7TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 TO NC 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 426 East 7th Street and fully described in Exhibit A from R3 Old City Residential to NC -Neighborhood 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