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Home My WebLink About2016-OR-9STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2016 -011 - AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 117 E RIVERSIDE DRIVE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M1 to NC Whereas, Brandon Denton filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 117 E Riverside Drive and fully described in the attached Exhibit A from M1: Low Density Multifamily Residential to NC: Neighborhood Commercial and, Whereas, on January 26, 2016 the Jeffersonville Plan Commission has certified its favorable recommendation of the enactment of this proposed zoning map designation change by ordinance of this Common Council; and, Whereas, this matter is now before the Common Council at its regular meeting after certification of the proposed change of zoning map designation pursuant to the provisions of I.C. 36-7-4-608(f)(1); and, Whereas, this Common Council has timely posted notice of its intent to consider the proposed change of zoning map designation at the regular meeting scheduled for February 1, 2016; 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 117 E Riverside Drive and fully described in the attached Exhibit A is hereby changed from M1: Low Density Multifamily 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 February, 2016. Common Council Of The City of Jeffersonville, Indiana A T: Vicki Conlin City Clerk VOTED AGAINST: Presented to me as Clerk to the Mayor of said City of Jeffersonville this day of February, 2016. Vicki Conlin City Clerk This Ordinance approved and signed by me this AAdy bruary, 2016. re, hAayor Prepared by: Les Merkley Corporate Counsel 40 STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: PC -15-40 Petitioner: Brandon Denton Location: 117 E Riverside Drive Request: Rezone from M1 (Low Density Multifamily Residential) to NC (Neighborhood Commercial) Council District: #1 (Mike Smith) Hearing Date: December 2, 2015 Rezoning Request The applicant is requesting a zoning change for a property located at 117 E Riverside Drive. The property is currently zoned M1 (Low Density Multifamily Residential) and the requested zoning is NC (Neighborhood Commercial). The petitioner also filed an application for a special exception use and is requesting permission to operate a restaurant. This property is in the Downtown Historic District. 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. Figure 1: Vicinity Map Page 1 of 7 PC -15-40: 117 E Riverside Drive Rezoning Figure 2: Aerial Photo Zoning This property is zoned M1 and is adjoined by two parcels that are also zoned M1. The parcel on the east side is used for parking by the business (Carman Industries) on the comer. The comer lot where the business office is located is zoned NC. Figure 3: Zoning Map Page 2 of 7 PC -15-40: 117 E Riverside Drive Rezoning The requested zoning is NC -Neighborhood Commercial. The ordinance provides the following intent for this zoning district (also shown in the attached document): The NC 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 non -conflicting with neighborhoods in Jeffersonville. The Plan Commission should strive to use this district sparingly and appropriately as a spot zone in the community. The Plan Commission and BZA should also strive to exclude business from the NC district that are not family oriented or that have an adverse effect on the existing or future adjacent neighborhoods. Comprehensive Plan & Planning Districts The Comprehensive Plan places this property within the Downtown Historic planning district and provides the following guidance: This district is comprised of predominately office, commercial, civic, high- density residential and cultural land uses. It has a grid pattern of streets designed to accommodate a large volume of vehicular traffic and public transportation. There are provisions for on -street and long-term parking of vehicles and for substantial pedestrian and non -vehicular movement within the district. Buildings are generally the greatest in volume and density in the metropolitan area, and there is public open space including plazas and squares. The Downtown Historic District should give identity to the whole community and should provide for a mixture of high density and intensity uses. Goal 1: Create a downtown with a compact, walkable core and lively and active pedestrian environment that fosters and increases the number of Page 3 of 7 PC -15-40: 117 E Riverside Drive Rezoning people walking on primary downtown sidewalks and ensures a more humane downtown environment. Goal 2: Develop downtown as a unique and active destination with a variety of land uses that attract and accommodate visitors, businesses, shoppers and residents. Attachments 1. M1 District Intent 2. NC District Intent 3. NC District Standards Page 4 of 7 PC -15-40: 117 E Riverside Drive Rezoning M1 District 3.9 M1 Mott Intent, Permttterd uses, sna aPectai Excepnon users J 3-10 leffersonvUie Zoning On ana me Page 5 of 7 PC -15-40:117 E Riverside Drive Rezoning "NG" District 44 "NC" Dlsftt intent, Perin tt, S c el Exception Uses Residential "dwelling, multHamily (upper stories) InstitudonaUpublia Facilities di". i mr* or mosque community center *yovemment oMioe *library Vokefte station •post oolos oputllc paftweation center " point (no outdoor Soames:: Food Sales/Service •mtrtaurant -convenience store (with gas pumps) >ss; t3fAcelP�roteesbn+ei •driV#*Nb" nWMWATM 6a inot; Recreation •publcdooks Communkotlo"Illwes •tr�lepoNrwnwrk�etion uaclity +telephone exchange pubk well • uOky *AwbMon woellsneoue -hot* occupation tl 4.6 Jeffersonville Zoning Ordinance Page 6 of 7 PC -15-40: 117 E Riverside Drive Rezoning "NC" District 4.6 "NC" District Development Standards A".-04D~wTh"Oks ft Flo Minhount LotAna: 08,000 square feet Maxlnwm lot Area: • 20,000 Square feet MMimum Dot Width: •00 IsM Wxtnwm Lot Depth: • 2 Hmes the Lot VVkkh Mkrkawn Lot Frontap: • 60 feet on a Public Sheet WMh sooess irom sW Public Street or roar day $ewer and Wager: •Req er munidpal Water and seal Y strugMws t-I k FWP40aYWkMN 000Nn00 M=%MO! t M f00I 0r MA lle er110 MMM Uoxknum Structure Height: • 28 test for the Primary Structure • 16 feet brAaoessory Structures **i ! Yam I; .Z C OW l R.Oa14 � N ONMI M fMA1MIWr M MNinwm Front Yard Setback: • 20 kat when #Ooept to an AMteriei • 15 fest When adjaosnt to a Local Street Mtnknum Sido Yard Setback: • 12 bet for the Primary and Aooessory skuCtufes Minimum (tear Yard Setback: • 12 feet for the Pdmary and Aoos:sory Structures RpJM! aN,0�0 �a1lwwMrl Fri Maximum Lot C -Squats footage oil ry and aoosesory structwas, and ir"perAous At M cannot exosed 70% of the Lot Mlnk mt Main Floor Area: • 800 square bat for PriMm Structures Maximum Win FloorAna: • 7,000 square feet for Primary and Accessory Struoturos oombkted Article Foun Institutional and Commercial Zoning Districts 4.7 Page 7 of 7 PC -15-40: 117 E Riverside Drive Rezoning STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Brandon Denton (PC -15-40) TO REZONE A CERTAIN TRACT 117 E Riverside Drive FROM M1(Low Density Multifamily Residential) to NC(Neighborhood Commercial) M E Whereas, Brandon Denton filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from M1 to NC ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on January 26, 2 016 ; and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to favorably/unfavorably/not recommend the proposed change of zoning designation of the Property to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on January 2 6, 2 016 , the Jeffersonville Plan Commission -Jaw o rubt rLe;D�n d that the Jeffersonville Common Council enact by ordinance the p oposed zoning designation change of the property from M1 to NC as requested in the petition of Brandon Denton So certified this 26th day of January , 2016 Chairman 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 117 E RIVERSIDE DRIVE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M1 TO NC NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 117 E RIVERSIDE DRIVE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M1 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 117 E Riverside Drive and fully described in Exhibit A from Ml -Low Density Multifamily Residential to NC - Neighborhood Commercial. A public hearing will be held on February 1, 2016 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. Les Merkley City Attorney Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 An equal opportunity employer. Department of Planning & Zoning 500 Quartermaster Court, Suite 200 Jeffersonville, IN 47130 812.285.6413 www.citvofieff.net Voluntary Zoning Commitment RE: Rezoning —117 E Riverside Drive The Plan Commission has sent a FAVORABLE recommendation to City Council to rezone the property at 117 E Riverside from M1 to NC as presented in the application PC -1540 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/applicant (Brandon Denton) is making the voluntary commitment necessary to fulfill the condition of the Plan Commission's FAVORABLE recommendation and City Council's contingent approval of the rezoning request. STATEMENT OF ZONING COMMITMENTS These COMMITMENTS are given by and shall be binding on Brandon Deni the Real Property at 117 E RIVERSIDE ('Property') for the entirety of time that (Neighborhood Commercial). Any subsequent owners of the Property and any acquiring an interest therein shall be bouiidcto the same COMMITMENTS. These C( may be modified or terminated only by a ec sion of the City of Jeffersonville It Zoning Appeals (the `Board")made at a earing after notice has been ro� rules of the Board OR in the case of rezonin petty through the Plan pomi�s' These COMMITMENTS contained in this statement. These COMMITMENTS may be enforced a) The City of Jeffersonville Plan b) The City of Jeffersonville Boal The Owner of the Property Property: 1. The following uses shall a. Business: Food i. Delicate, u. I,ce Crean iii.. Coffee:S] b. Business: Retail P isszon:; nm.�ppeals tints to the fol i. Antique Shop ii. Art Gallery iii. Art and Craft Studio iv. Boutique v. Flower Shop vi. Jewelry Store vii. Music Store viii. News Dealer/Bookstore (not adult entertainment) 2. The following use shall be permitted under special exception: a. Business: Food Sales/Service i. Restaurant 3. All other uses shall not be permitted at the address. 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,anyAbfth$er agents or representatives to record this Statement of Commitments in the office of the"R.e6order bf Clark County, Indiana, upon approval or adoption of Owner's Petition/Application. ` I IN WITNESS WHEREOF, the Owner has executed this instrument this iziu�•� _„ Zo/G