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Home My WebLink About2016-OR-15STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2016 -OR- 1 5 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 629 MICHIGAN AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO DC Whereas, City of Jeffersonville filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 629 Michigan Avenue and fully described in the attached Exhibit A from C2: Medium to Large Scale General Commercial to DC: Downtown Commercial and, Whereas, on February 23, 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 March 7, 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 629 Michigan Avenue and fully described in the attached Exhibit A is hereby changed from C2: Medium to Large Scale General Commercial to DC: Downtown 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 March, 2016. Common Council Of The City of Jeffersonville, Indiana VOTED AGAINST: Matt en, Rreside t A�JFES Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this day of March, 2016. Vicki Conlin City Clerk This Ordinance approved and signed by me this d f Mar 2016. Y1 , t ike Moore, Prepared by: Les Merkley Corporate Counsel .. CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley, Corporation Counsel/Director of Legal Affairs 812-285-6493 office 812-285-6403 fax www.cityofjjeffnet 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 629 MICHIGAN AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO DC NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 629 MICHIGAN AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO DC 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 629 Michigan Avenue and fully described in Exhibit A from C2 -Medium to Large Scale General Commercial to DC - Downtown Commercial. A public hearing will be held on March 7, 2016 at 7:00 p.m. in the City Council Chambers, Ist 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 Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 An equal opportunity employer. STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF City of Jeffersonville TO REZONE A CERTAIN TRACT 629 Michigan Avenue FROM C2 (Medium to Large Scale General Commercial) to DC (Downtown Commercial) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, city of Jeffersonville filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from C2 to DC ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on February 2 3, 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 February 23, 2016 the Jeffersonville Plan Commission that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from C2 to DC as requested in the petition of Citv of Jeffersonville So certified this 23rd day of February , 20 16 . Chairman CPN, STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: PC -16-14 Petitioner: City of Jeffersonville Dept. of Redevelopment Location: 629 Michigan Avenue Request: rezoning Proposed Use: Maker 13 Zoning: C2 (Medium to Large Scale General Commercial) & CCOL Proposed DC (Downtown Commercial) Council District: #1 (Dustin White) Date: February 23, 2016 Rezoning Request The applicant is requesting a zoning change for property located at 629 Michigan Avenue. The property is currently zoned C2 and the requested zoning is DC. .. wY S IN 9 _U Figure 1: Site Location Zoning Change Procedure The Jeffersonville Zoning Ordinance and Indiana State Statute IC 36-7-4-603 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. Page 1 of 5 PC -16-14 Maker 13 Rezoning Comprehensive Plan and Planni 10. �Iwmlm Districts /'rte Figure 2: Future Land Use Plan Legend Pubadlnstitutional - VacanVAgncultural Recreation/Open Space Light Industrial Single Family Residential Muth -Family Residential - Mixed -Use - Heavy Industrial - Commercial - Business Park/industrial City Limits Roads Mixed Use This use blends a combination of residential, commercial, cultural, institutional, or industrial uses, or allows solely commercial uses. It can be one building, an urban, suburban, or village development. The blend should be physically integrated and functionally related to create a center or community. This use typically creates a greater variety in housing, reduced distances between housing, workplaces and amenities, more compact development, stronger neighborhood character, and should be pedestrian and bicycle friendly. t Legend Primary Gateways Suburban Neighborhood Traditional Neighborhood/Workplace ® Suburban Workplace Suburban Marketplace Traditional Marketplace Regional Marketplace Center Downtown Historic District Figure 3: Planning Districts Traditional Neighborhood This form is characterized by predominately residential uses, by a grid pattern of streets with sidewalks and often including an alley. Residential lots are predominately 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. Page 2 of 5 PC -16-14 Maker 13 Rezoning Zoning The property is currently zoned C2 and the proposed zoning is DC. It is part of the Commercial Corridor Overlay District. j p. 1 wc,:F� ,_"fi`%r/��__. 1,'� '..r.►o.#+.oxcrsrua0•.. s' �t f Q # Q iJ t � C2 F � r � r I � 8 _s 8 Attached Plans & Documents: 1. C2 District Intent 2. DC District Intent Page 3 of 5 PC -16-14 Maker 13 Rezoning "C2" District 4.15 "C2" District Intent, Permitted Uses, and Special Exception Uses 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," "M1" acid "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. -- -- 4-16 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-lhru bank/credit union -office complex medical/dental clinic Business: Personal Service barber/beauty shop drive-thru dry cleaning service *dry cleaning service -fingernail 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 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 *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 • radiorTV station • telecommunication facility Jeffersonville Zoning Ordinance Page 4 of 5 PC -16-14 Maker 13 Rezoning "DC" District 4.9 "DC" District Intent, Permitted Uses, and Special Exception Uses Commercial) District is intended to provide a land use category for normal commercial uses in the downtown. The provisions that regulate this land use district should make the district compatible with the "R3," "Mt" and •'M2" residential districts, and "OC" and "Cl" commercial districts. Jeffersonville's Plan Commission should strive to use this district only in the historic downtown area and its immediate surroundings. Petitions in the "DC" district may be subject to the Historic District Ordinance and Historic Design Guidelines. The Plan Commission and Board of Zoning Appeals should strive to minimize parking lots in front of or between buildings, rather, encouraging parking behind buildings and on the street. Permitted uses Residential • dwelling single-family (upper floors) dwelling, two-family (upper floors) dwelling, multi -family (upper floors) Business: Auto Sales/Services • auto part sales (new) Business: Food Sales/Service bakery, retail delicatessen restaurant Business: General Business print shop/copy center Business: Personal Service • barber/beauty shop coin laundry • dry cleaning service • shoe repair -tailor/pressing shop Business: Office/Professional architecture firm bank/credit union -design services •consulting firm -in surance office investment firm planning firm professional office reading clinic real estate office • secretarial service • service organization offices -temporary service agency -title company -travel agency Business: Recreation • video store Business: Retail • antique shop • apparel shop • art gallery • art and craft studio • consignment store • department store • fabric shop •flowershop -furniture store gift shop hardware store -jewelry store music store news dealer/bookstore (not adult entertainment) office supplies I Permitted Uses (cont.) • resale store -shoe store -sporting goods store -variety store Miscellaneous -accessory uses -bed and breakfast facility -boarding house (owner -occupied) Institutional/Public Facilities -church, temple or mosque -community center -government office • museum police/fire station post office • public park/recreation center • public/private parking area Business: Food Sales/Service -convenience store -farmers market Business: Office/Professional •drive-thru bank/credit union •drive-thru bank machine/ATM Business: Personal Service •drive-thru dry cleaning service Business: Recreation • bar/night club (not adult entertainment) -billiard/arcade room -dance/aerobics/gymnastics studio • karate studio • lodge or private club -theater, indoor (not adult entertainment) Commu n icationfUtil ities -telecommunication facility Miscellaneous -home occupation #t 4-10 Jeffersonville Zoning Ordinance Page 5 of 5 PC -16-14 Maker 13 Rezoning NEW BUSINESS: 2016 -OR - PUBLIC HEARING An Ordinance Changing the Zoning Map Designation of a Certain Tract of Property Located at 629 Michigan Avenue and Fully Described in Attached Exhibit A from C2 to DC