The URL can be used to link to this page

Home My WebLink About2016-OR-16STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2016 -OR - AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1742 E Tenth Street AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C1 TO C2 Whereas, Huber's Auto Sales filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 1742 E Tenth Street and fully described in the attached Exhibit A from Cl: Small to Medium Scale General Commercial to C2: Medium to Large Scale General 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 1742 E Tenth Street and fully described in the attached Exhibit A is hereby changed from Cl: Small to Medium Scale General Commercial to C2: Medium to Large Scale General 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 ATS- LL� /Vicki Conlin City Clerk VOTED AGAINST: 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 2016. Marc§, Mike Moore, Mayor Prepared by: Les Merkley Corporate Counsel C I T Y O F J E F F E R S O N V I L L E DEPARTMENT OF LAW �T„Y„ 0�� Les Merkley, Corporation Counsel/Director of Legal Affairs CPI w � 812-285-6493 office c_ * 812-285-6403 fax mn www.cityofjjeff.net T J`v F�SON 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 1742 E TENTH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C 1 TO C2 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1742 E TENTH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C1 TO C2 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 1742 E Tenth Street and fully described in Exhibit A from C 1 -Small to Medium Scale General Commercial to C2 - Medium to Large Scale General Commercial. A public hearing will be held on March 7, 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 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 Huber's Auto Sales TO REZONE A CERTAIN TRACT 1742 E Tenth Street FROM C1 (Small to Medium Scale General Commercial) to C2 (Mediumale General Commercial) CERTIFICATION OF AVORABLF�NFAVORABLE/NO RECOMMENDATION ED ORDINAN Whereas, Huber' s Auto sales filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from C1 to C2 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on February 23, 2016 ; 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 C1 to C2 as requested in the petition of Huber's Auto Sales So certified this23rdday of February , 2016 Chairman W� GXTY 0� STAFF REPORT * N' Department of Planning & Zoning — Plan Commission Rso�' Case Number: PC -16-11 Petitioner: Dennis Huber Location: 1742 E Tenth Street Request: Rezoning Proposed Use: Auto Sales Zoning: C1 (Small to Medium Scale General Commercial) Proposed C2 (Medium to Large Scale General Commercial) Council District: #5 (Lisa Gill) Date: February 23, 2016 Rezoning Request The applicant is requesting a zoning change for property located at 1742 E Tenth Street. The property is currently zoned C1 and the requested zoning is C2. 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 -16-11 Huber's Auto Sales Comprehensive_ Plan and Planning District 'Ozq ` 4JIN Mixed Use Legend PabhUlnshNhonel - Vacant/Agncullurat Recreation/Open Space Light Industrial Single Family Residential Multi -Family Residential - Mixed -Use - Heavy Industrial - Commercial - Business Park/Industrial Mcity Limits Roads Figure 2: Future Land Use Map 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. Legend Primary Figure 3: Planning Districts Suburban Traditional Suburban Workplac Suburban Marketplace Traditional Marketplace 1 Regional Marketplace Center I S Downtown Historic District Traditional Marketplace Marketplace corridors play an important role in providing the shopping needs of a community. Traditional Marketplace Corridors are along major roadways where the pattern of development is distinguished by a mixture of low to medium intensity uses such as neighborhood -serving shops, small specialty shops, restaurants, and services. The Traditional Marketplace Corridor was expanded along 10th Street to encourage a form that is more pedestrian oriented with development that has little or no setbacks. The uses in Traditional Marketplace Page 2 of 5 PICA 6-11 Huber's Auto Sales Corridors frequently have apartments or offices on the second story. Buildings generally have little or no setback, roughly uniform heights and a compatible building style. Buildings are oriented toward the street and typically have 2-4 stories. New development and redevelopment should respect the predominant rhythm, massing and spacing of existing buildings. Zoning The property is currently zoned C1 and the proposed zoning is C2. It is part of the Commercial Corridor Overlay District. Figure 4: Zoning Attached Plans & Documents: 1. C1 District Intent 2. C2 District Intent Page 3 of 5 PC -16-11 Huber's Auto Sales "Cl" District 4.13 "Cl" District Intent, Permitted Uses, and Special Exception Uses 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 "113," "MV 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 "Cl" District. 4-14 -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 alley • 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 -fingernail salon • shoe repair -tailor/pressing shop -tanning salon Business: Retail • antique shop -apparel shop • drug store • electrical supplies • fabric shop • floor coverings •flowershop •furniture store -garden shop -gift shop hardware store • home electronics/appliance store -jewelry store • liquor sales • music store news aealerrnOOkstore (not adult entertainment) • office supplies • paint store • shoe sales store • sporting goods -variety store Miscellaneous •accessory uses Business: Auto Sa • 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 Jeffersonville Zoning Ordinance Page 4 of 5 PC -16-11 Huber's Auto Sales "C2rr District 4.15 "C2" District Intent, Permitted Uses, and Special Exception Uses the "UT' (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" and "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 -IG - 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/Profess Iona I -bank/credit union • bank machine/ATM •drive-thru bank machine/ATM •drive-thru 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 -giftshop -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 Special Exception Uses I auto sales (open air, limited mechanical 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 •radio/TV station • telecommunication facility Jeffersonville Zoning Ordinance Page 5 of 5 PC -16-11 Huber's Auto Sales