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Home My WebLink About2015-OR-22STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2015 -OR - AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1101 E. 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 TO NC Whereas, Nita Keeling filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 1101 E. 10th Street and fully described in the attached Exhibit A from R3: Old City Residential to NC: Neighborhood Commercial; and, Whereas, on March 31, 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 April 6, 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 1101 E. 10th 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 day of April, 2015. Common Council Of The City of Jeffersonville, Indiana VOTED AGAINST: Vicki Conlin City Clerk isa Gill, President Presented to me as Clerk to the Mayor of said City of Jeffersonville this day of April, 2015. Vicki Conlin City Clerk This Ordinance approved and signed by me this day 2015. Prepared by: Les Merkiey Corporate Counsel Mike oore, Mayor STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Nita Keeling (PC -15-14) TO REZONE A CERTAIN TRACT 1101 E 10th Street FROM R3(Old City Residential) to NC (Neighborhood Commercial) CERTIFICATION O FAVORABL U OF P OSED ORDINANCE Whereas, Nita Keeling 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 March 31, 2015 ; and, Whereas, at the conclusion of the hearing the J .ffAr. onville Plan Commission voted by a majority vote of its entire membership t favorabl /unfasiorab-lyinot - recommeni1the proposed change of zoning designation of the Property to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on March 31, 2015 , the Jeffersonville Plan Commission bl,rncovv�mevuk LG -6) that the Jeffersonville Common Council enact by ordinance the Apposed zoning designation change of the property from R3 to NC as requested in the petition of Nita Keeling (PC -15-14) So certified this 31 day of March ,2015 . Lol- alki,,- Chairman Exhibit A Being in the City of Jeffersonville and being that part of Lots Nos. 11 and 12 in Block No. 13 of Fulton Grove Subdivision No. 2 of part of Letter "A" of Survey No. 2 of the Illinois Grant, a plat of which subdivision is recorded in Plat Book No. 4, page 53, in the Office of the Recorder of Clark County, Indiana, bounded as follows: Beginning at the southwest corner of said Block No. 13 at the intersection of Tenth Street and Howard Avenue; thence eastwardly with the north line of Tenth Street 40 feet to a stake; thence northwardly on a line parallel with the west line of said Block 82 feet to a stake; thence at right angles westwardly 40 feet to a stake in the east line of Howard Avenue; thence with said last mentioned line southwardly 82 feet to the place of beginning. Tax Mailing Address: 1101 E. 10th St., Jeffersonville, Indiana 47130 KEY No. 20-38-36 10 STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: Location: Council District: Request: Petitioner: Parcel #: Hearing Date: PC -15-14 1101 E 10th Street #1 (Mike Smith) Rezone one parcel from R3 (Old City Residential) to NC (Neighborhood Commercial) Nita Keeling 10-20-00-200-904.000-010 March 31, 2015 Rezoning Request Nita Keeling requested that a property located at 1101 E 10th Street be rezoned from R3 (Old City Residential) to NC (Neighborhood Commercial). The property has a residential structure and 3300 square -foot lot. Property Location Figure 1: Vicinity Map 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; Page 1 of 8 PC -15-14: 1101 E 10th Street Rezoning • 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. 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 (NC), is occasionally applied to isolated commercial properties in traditional neighborhoods. Census Bureau - Zoned IS 1101 E 10th Street — Zoned R3 Single family residences — Zoned Residential structures converted for commercial use — Zoned Cl Figure 2: Zoning Map Page 2 of 8 PC -15-14: 1101 E 10th 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 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." - Downtown Historic District V�„f, Primary Gateway - 10th St. Primary Gateway -14th St. Primary Gatewa Y - 6th St. r��//j,` Primary Gateway - Court Ave. Primary Gateway - Eastern Blvd. Regional Marketplace Center Suburban Marketplace Suburban Neighborhood Suburban Workplace ® Traditional Marketplace Traditional Neighborhood - Traditional Workplace Page 3 of 8 Figure 3: Planning District Map PC -15-14: 1101 E 10th Street Rezoning Attachments 1. Letter of Intent 2. R3 District Intent 3. NC District Intent & Standards Page 4 of 8 PC -15-14: 1101 E 10th Street Rezoning Department of Planning and Zoning Suite 200, City Hall, 500 Quartermaster Court Jeffersonville, IN 47130 Re: Property at 1101 East 10`h Street, Jeffersonville, IN To whom it may concern; March 10, 2015 An application is being submitted to request that the property referenced above be re -zoned to "small commercial" to allow the property to be utilized as a small business concern. Currently the property contains a small residence which we believe would possibly be suited for a small retail business or small office area. If our request is granted it would be our immediate plans to open a small retain shop that primarily would deal with vintage type items. All business would be contained to inside the building and the exterior yard area would not be used for storage or a sales area. There would be a permanent sign installed in the yard to identify the business. The plan would be to maintain the existing structures exterior to maintain the look and history of the surrounding area. It is believed that there would be no need for additional parking area at this time to support a small business as Howard Street should be adequate. Additionally, we do not believe that the business would cause any disruptions to the existing neighbors or traffic flow nor do we believe that having a small business in this location would in any way diminish the property values in the surrounding area. This request would appear to follow the City of Jeffersonville's future plans to draw more businesses to the main 10th street corridor area beginning at the existing Quadrangle area and extending eastward. Currently, there are other existing small businesses in the same block area that would support granting this request. At the completion of the current 10th Street Widening Project the referenced property will lose considerable "yard" area and probably would not be suitable for family occupancy after completion of the project. If needed we would be happy to discuss this request in person. We can be reached by mail at the address below or by telephone at (812) 590-1163. Sincerely, Mark & Nita Keeling 405 Creek Road Jeffersonville, IN 47130 NclatL, a)V. butsnes,' L I (4ousc4) vectsoNres Page 5 of 8 PC -15-14: 1101 E 10th Street Rezoning "R3" District 3.7 "R3" District Intent, Permitted District Intent The "R3" (Old City Residential) District is intended to provide a land use category for Small Tots and small -sexed 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. Jeffersonvllle's Phan CommIssion and Board of Zoning Appeals should strive to protect this.district from business encrdechment, conflicting land uses, and non• family, oriented businesses. The Pian Commission and Board of zoning Appoals should strive topromote a avers a flet density of 7 to 8 dwliing uniti ,per acro communitywide In the R3" district. Uses, and Special Exception Uses Permitted Uses Residential •child care home (owner -occupied) •dwelling, single family • residential facility for developmentally disabled (4 bedrooms or less) • 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 Communication/Utility • public well • telecommunication facility Miscellaneous • home occupation #2 3-8 Page 6 of 8 Jeffersonville Zoning Ordinance PC -15-14: 1101 E 10th Street Rezoning "NC" District 4.5 "NC" District Intent, Permitted Uses, and Special Exception Uses District Intent The "NC" (Neighborhood Commercial) District Is Intended b provide a land use category for small scale commercial uses that provide products and services to n eighborhoods. The provisions that regulate this land use district should promote appropriate commercial uses that are clearly unconflicting with neighborhoods In Jeffersonville. ,leffersonville'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. 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 • govemment office • library • police/fire station • post office • public park/recreation center • recycling collection point (no outdoor storage) • school Business: Food Saks/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 4-6 Page 7 of 8 Jeffersonville Zoning Ordinance PC -15-14: 1101 E 10th Street Rezoning "NC" District 4.6 "NC" District Development Standards Lot Width LW Frontage —1 R.O.W.71---- R.O.W. • N Wood on Theron N., Pion 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 Flet Roo( Sanctums (from highest section of Oat roof) Gable Root Structures (from highest gable roof) Maximum Structure Height: • 28 feet for the Primary Structure • 15 feet for Accessory Structures Balding I Roar 9 Envelope\ Yard 1` Setback R.O.W. ROW. • N o.Ilrod on nwiagN.,. Plan 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 • LY -01 Yard, and Density (LY) Page 7-3 Height (HT) • HT -01 Page 7.4 • Accce'sory Structure (AS) Pkie 5 Fences nd Wok ( age 74 Temporary • T eemporary Uses ITU) • 11 Page 7.9 •TU -03 Page 7-9 PublicP11Page 7-1 Improvement •3 Landscaping (LA) • LA -01 Page 7.14 • LA -02 Page 7.15 • LA -04 Page 7-18 Buffer Yard (BY) • BY -01 Page 7.19 Expressway Buffer (ES) • EB -01 Page 7-24 Environmental (EN) • EN -01 Page 7-25 Floodplsln (FP) • FP -01 Page 7-27 Performance (PF) • PF -01 Page 7-30 • LT -01 G° (LT)Page 7-31 General Signs (GS) • GS -01 Page 7-32 Temporary Signs (TS) • TS -02 Page 7-34 Permanent Signs (PS) • PS -03 Page 7-35 •PK -0066 (PK) • PK -07 *PK -08 1D0 -01"g (LD) • Page 744 Entrances/Drives (ED) • E0-01 Page 7-45 Page 710 Page 7-41 Page 7-43 VisionC-01 ClearancePage onge 7 •747 Tefecommtmication Facilities (TC) • TC -01 Page 7.48 • TC -03 Page 751 Special Exception (SE) • SMiscellaneous ) • 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 four: Institutional and Commercial Zoning Districts Page 8 of 8 PC -15-14: 1101 E 10th Street Rezoning 4-7