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Home My WebLink About2015-OR-27STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2015 -OR- o?% AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 509 Ohio Avenue AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 TO C1 Whereas, Kelly Ann Mullen filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 509 Ohio Avenue and fully described in the attached Exhibit A from R3: Old City Residential to C1 -Small to Medium Scale General Commercial; and Whereas, on May 26, 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 June 1, 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 509 Ohio Avenue and fully described in the attached Exhibit A is hereby changed from R3: Old City Residential to C1 -Small to Medium Scale General Commercial. IT I5 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 June, 2015. Common Council Of The City of Jeffersonville, Indiana DA -Li) rn Joi dAtivii: Vicki Conlin City Clerk VOTED AGAINST: Lisa ill, President Presented to me as Clerk to the Mayor of said City of Jeffersonville this I. day of June, 2015. Vicki Conlin City Clerk 2015-0R-27 r This Ordinance approved and signed by me this d 2015. Prepared by: Les Merkley Corporate Counsel Mik- Moore, Mayor CITY OF l l I 1?RSONV1I.].1: Department of Planning & Zoning 500 Quartermaster Court, Suite 200 Jeffersonville, IN 47130 812.285.6413 www.citvofieff.net Voluntary Zoning Commitment RE: Rezoning - 509 Ohio Avenue The Plan Commission has sent a FAVORABLE recommendation to City Council to rezone the property at 509 Ohio Avenue from R3 to Cl as presented in the application PC -15-18 with the condition that you execute a voluntary zoning commitment letter to limit uses as agreed during the public hearing. This letter serves as evidence that the owner (Jeffrey Seewer) and future owner/applicant (Kelly Ann Mullen) is making the voluntary commitment necessary to fulfill the condition of the Plan Commission's FAVORABLE recommendation to City Council. STATEMENT OF ZONING COMMITMENTS These COMMITMENTS are given by and shall be binding on Jeffrey Seewer, Homes LLC ("Owner") to the Real Property at 509 OHIO AVENUE ("Property") for the .en time that it is zoned C 1 (Small to Medium Scale Commercial). Any subsequent owners of the Pro erty and any other persons acquiring an interest therein shall be bound to the same CO These COMMITMENTS may be modified or terminated only by a decision of the City of Jeffersonville Indiana Board of Zoning Appeals (the "Board") made at a public hearing after notice has ovV under the rules of the Board OR in the case of rezoning the Property through the Plan_ These COMMITMENTS contained in thisItistrotnent shall be effective= upon the signing of this statement. These COMMITMENTS may be enforced jointly or, severally by: a) The City of Jeffersonville Plan Commission b) The City of Jeffersonville Board of Zoning Appeals The Owner of the Property imposes and consents to the following COMMITMENTS for the Property: 1. No Permitted Uses under the categories below shall be permitted on this property: a. Business: Auto Sales/Service b. Business: Food Sales/Service c. Business: Recreation 2. No Special Exception Uses under the categories below shall be permitted on this property: CITY 01: JLI I'ERSCONVILLE a. Business: Auto Sales/Service b. Business: Food Sales/Service c. Business: Office/Professional d. Business: Recreation e. Business: Retail f. Communication/Utilities An action to enforce a COMMITMENT may be brought in a Circuit or Superior Court in Clark County, Indiana. A permitted party bringing an action to enforce a COMMITMENT may request mandatory or prohibitory injunctive relief through the granting of a temporary restraining order, preliminary injunction or permanent injunction. If the action to enforce a COMMITMENT herein is successful, the respondent shall bear the costs of the action. A change of venue from the County shall not be granted in such an action and Owner herein waives all rights to a change of venue from the County. The Owner hereby authorizes the Board, the City of Jeffersonville, Indiana or any of their agents or representatives to record this Statement of Commitments in the office of the Recorder of Clark County, Indiana, upon approval or adoption of Owner's Petition/Application. IN WITNESS WHEREOF, the Owner has executed this instrument this 2-? day of Signature Date: 5/29' /$ STATE OF INDIANA COUNTY OF CLARK )§ Subscribed and sworn before me this day of otary Publ Signed Residing in C\i\AL. County -- - r Seal: State Printer My commission expires: `iOc) Q Oag "Cl" District 4.13 "Cl" District Intent, Permitted Uses, and Special Exception Uses i tit t fi *gilt shop • hardware store • home electronics/appliance store •jewelry store • liquor sales • music store 4-14 Jeffersonville Zoning Ordinance STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Kelly Ann Mullen (PC -15-18) TO REZONE A CERTAIN TRACT 509 Ohio Avenue FROM R3 (Old City Residential) to Cl (Small to Medium Scale General Commercial) CERTIFICATION OF AVORABL/UNFAVORABLE/NO RECOMMENDATION F PROPOSED ORDINANCE Whereas, Kelly Ann Mullen 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 C1 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on May 26, 2 015 ; and, Whereas, at the conclusion of the hearing the - - • ville Plan Commission voted by a majority vote of its entire membership tnfavorably/not recommend the proposed change of zoning designa • • e Property to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on May 26 , 2015 , the Jeffersonville Plan Commission ,vo (--4(41recoww.4. (,-() that the Jeffersonville Common Council enact by ordinance the pthposed zoning designation change of the property from R3 to C2 as requested in the petition of Kelly Ann Mullen(PC-15-18) So certified this26thday of May , 2015 Chairman Exhibit A Legal Description BEING PART OF LOTS NOS. FOURTEEN (14) AND FIFTEEN (15) EN BLOCK NO. 54 IN THE CITY OF JEFFERSONVII,LE, BOUNDED THUS: BEGINNING AT A POINT IN THE EAST LINE OF SAID LOT NO. 15. WHICH POINT IS 90 FEET NORTH OF THE SOUTHEAST CORNER OF SAID BLOCK: THENCE NORTHWARDLY WITH THE EAST LINE THEREOF 27 FEET, 6 INCHES, MORE OR LESS, TO A STAKE: THENCE AT RIGHT ANGLES WESTWARDLY ACROSS SAID LOT NO. 14 TO THE EAST LINE OF A PUBLIC ALLEY; THENCE AT RIGHT ANGLES SOUTHWARDLY WITH THE EAST LINE OF SAID ALLEY 27'/, FEET; THENCE EASTWARDLY WITH FROHNE'S UNE TO THE EAST LINE OF SAID BLOCK, THE PLACE OF BEGINNING. BEING THE SAME PROPERTY CONVEYED TO DONNA J. WILLIAMS, BY PERSONAL REPRESENTATIVE'S DEED OF DATED JUNE 25, 1999 AND OF RECORD IN DEED DRAWER 31, INSTRUMENT NO. 14143 IN THE OFFICE OF THE RECORDER OF CLARK COUNTY, INDIANA. ALSO BY DEED OF CORRECTION DATED AUGUST 30, 1999 AND OF RECORD IN DEED DRAWER 31, INSTRUMENT NO. 20123 IN THE OFFICE AFORESAID. Case Number: Petitioner: Location: Parcel: Request: Council District: Hearing Date: STAFF REPORT Department of Planning & Zoning — Plan Commission PC -15-18 Kelly Ann Mullen 509 Ohio Street 10-19-00-101-111.000-010 Rezone one parcel from R3 (Old City Residential) to C1 (Small to Medium Scale Commercial) #1 (Mike Smith) May 26, 2015 Rezoning Request Kelly Ann Mullen requested that a property located at 509 Ohio Street be rezoned from R3 (Old City Residential) to C1 (Small to Medium Scale General Commercial) in order to open a two chair hair salon. Moving Business From: Hours of Operation: Client Parking: Employee Parking: Sandella Salon from 600 E. Court Ave #103 9 a.m. — 7 p.m. Tuesday to Saturday. On -street Across the street at Ross Transmission by agreement Zoning Change Procedure The Jeffersonville Zoning Ordinance and Indiana State Statute IC 36-7-4 outlines that the following should be considered when the Plan Commission is reviewing a Rezoning Request: ■ The Comprehensive Plan; • Current conditions and character of structures and uses in each district; • The most desirable use for which the land in each district is adapted; • The conservation of property values throughout the jurisdiction; and ■ Responsible development and growth. Property Location This property is located between Graham and Division Street as shown in Figure 1. Page 1 of 6 PC -15-18: 509 Ohio Street Rezoning II-65 Expansion Figure 1: Vicinity Map Comprehensive Plan & Planning Districts This property falls within the Primary Gateways: Court Avenue Gateway District of the Comprehensive Plan. The plan provides the following guidance for this district: "Primary Gateway features can delineate and announce one's arrival into a city, neighborhood, or unique public place. These gateway features not only shape a visitor's first impression of the city, but can also reflect the unique features and character of Jeffersonville. Context sensitive enhancements and broad infill redevelopment guidelines to the gateway corridors and adjacent buildings should be identified and recommended. The following gateways have been identified: Court Avenue Gateway: Court Avenue represents an important corridor not only because it serves as a link between the interstate and Spring Street but also because of the numerous government buildings lining its length east of Spring Street. Streetscape standards along its route should reflect such a high profile corridor. This gateway will be more traditional in design to respond to the historic character of this area of Jeffersonville." Page 2 of 6 PC -15-18: 509 Ohio Street Rezoning - Downtown Historic District %� Primary Gateway - 10th St. Primary Gateway - 14th St. Primary Gateway - 6th St. JJ Primary Gateway - Court Ave. Primary Gateway - Eastern Blvd. 1111 Regional Marketplace Center - Suburban Marketplace Suburban Neighborhood - Suburban Workplace gm Traditional Marketplace Traditional Neighborhood - Traditional Workplace Figure 2: Planning District Map Zoning The current zoning of this property is R3 (Old City Residential). The requested zoning is Small to Medium Scale General Commercial (C1) and this district is typically applied to existing apartments in the neighborhood. Nearby properties are zoned M1, R3, IS, HC and C1. Residences — Old City Residential (R3) Apartments zoned M1 Liquor Land Figure 3: Zoning Map Page 3 of 6 PC -15-18: 509 Ohio Street Rezoning Attachments 1. Street Photo 2. Letter of Support 3. C1 District Intent 4. R3 District Intent May 18, 2015 Jeffersonville Planning & Zoning Department 500 Quartermaster Ct. Suite 200 Jeffersonville, IN 47130 Re: Docket Number PC -15-18. Dear Sirs: Lee H. Mook 2941 Old Hill Road Floyds Knobs, IN 47119 As the property owner of 515 Ohio Avenue, Jeffersonville, IN I will be affected by a rezoning in the area from R3 to C1. I am in favor of the rezoning as proposed. Lee H. Mook Page 4 of 6 PC -15-18: 509 Ohio Street Rezoning "Cl" District 4.13 "C1" District Intent, Permitted Uses, and Special Exception Uses District Intent The "C1" (Small to Medium Scale General Commercial) District Is Intended to provide a land use category for most small scale general business uses. The provisions that regulate this land use district should not overly restrict normal business practices. This district can be used adjacent to all other commercial districts and the "R3," "M1" and "M2" residential districts. Jeffersonville's Plan Commission should strive to use this district with the "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 afley • 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 •fingemail salon •shoe repair •tailor/pressing shop, •tanning salon Business: Retail • antique shop •apparel shop • drug store • electrical supplies •fabric shop •floor coverings • flower shop •fumiture store • garden shop • girt shop • hardware store • home electronics/appliance store • jewelry store • liquor sales • music store Permitted Uses Business: Retail (cont.) • news dealer/bookstore (not adult entertainment) • office supplies •paint store • shoe sales store • sporting goods •variety store Miscellaneous •accessory uses Special Exception Uses Business: Auto Sales/Services •auto service station Business: Food Sales/Service • convenience store (with pumps) •open, unenclosed business (farmer's market, etc.) Business: Office/Professional • contractor office •landscape business Business: Recreation • lodge or private club • miniature golf • public docks •theater, outdoor (not adult entertainment) Business: Retail • kennel (commercial) -satellite dish sales/service Communication/Utilities -telecommunication facility 4-14 Page 5 of 6 Jeffersonville Zoning Ordinance PC -15-18: 509 Ohio 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 community -wide in the "R3" district. Permitted Uses Residential • child care home (owner -occupied) • dwelling, single family • residential facility for developmentally disabled (4 bedrooms or less) • residential facility for mentally in (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 6 Jeffersonville Zoning Ordinance PC -15-18: 509 Ohio Street Rezoning Exhibit A Legal Description BEING PART OF LOTS NOS. FOURTEEN (14) AND FIFTEEN (15) IN BLOCK NO. 54 IN THE CITY OF JEFFERSONVII,LE, BOUNDED THUS: BEGINNING AT A POINT IN THE EAST LINE OF SAID LOT NO. 15. WHICH POINT IS 90 FEET NORTH OF THE SOUTHEAST CORNER OF SAID BLOCK: THENCE NORTHWARDLY WITH THE EAST LINE THEREOF 27 FEET, 6 INCHES, MORE OR LESS, TO A STAKE: THENCE AT RIGHT ANGLES WESTWARDLY ACROSS SAID LOT NO. 14 TO THE EAST LINE OF A PUBLIC ALLEY; THENCE AT RIGHT ANGLES SOUTHWARDLY WITH THE EAST LINE OF SAID ALLEY 27 V FEET; THENCE EASTWARDLY WITH FROHNE'S LINE TO THE EAST LINE OF SAID BLOCK, THE PLACE OF BEGINNING. BEING THE SAME PROPERTY CONVEYED TO DONNA J. WILLIAMS, BY PERSONAL REPRESENTATIVE'S DEED OF DATED JUNE 25, 1999 AND OF RECORD IN DEED DRAWER 31, INSTRUMENT NO. 14143 IN THE OFFICE OF THE RECORDER OF CLARK COUNTY, INDIANA. ALSO BY DEED OF CORRECTION DATED AUGUST 30, 1999 AND OF RECORD IN DEED DRAWER 31, INSTRUMENT NO. 20123 1N THE OFFICE AFORESAID. 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 509 OHIO AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 TO Cl NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 509 OHIO AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3TOC1 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 509 Ohio Avenue and fully described in Exhibit A from R3 -01d City Rcsidcntial.to C1 -Small to Medium Scale General Commercial. A public hearing will be held on June 1, 2015 at 7:00 p.m. in the City Council Chambers, 1" 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