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Home My WebLink About2016-0R-24STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2016 -OR -— AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED ON THE 4800 BLOCK OF E TENTH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1 AND C1 TO C2 Whereas, Nicklies Development filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located on the 4800 Block of E Tenth Street and fully described in the attached Exhibit A from R1 and C1 to C2: Medium to Large Scale General Commercial and, Whereas, on March 22, 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 April 4, 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 on the 4800 Block of E Tenth Street and fully described in the attached Exhibit A is hereby changed from R1 and C1 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 ofa". 2016. Common Council Of The City of Jeffersonville, Indiana VOTED FO)t: e /-) -/,) VOTED AGAINST: zj.t-- Vicki Conlin City Clerk Presente to me as Clerk to the Mayor of said City of Jeffersonvi this day of 12016. a-_ 4L Vicki Conlin This Ordinance approved and signed by me this 2016. Prepared by: Les Merkley Corporate Counsel City Clerk 6 da f Mike Moore, Ma or DEPARTMENT OF LAW Les Merkley, Corporation Counsel/Director of Legal Affairs 812-285-6493 office 812-285-6403 fax www.cityofjjeff.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 ON THE 4800 BLOCK OF E TENTH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1 AND C1 TO C2 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED ON THE 4800 BLOCK OF E TENTH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1 AND 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 on the 4800 Block of E Tenth Street and fully described in Exhibit A from R1 and C1 to C2 -Medium to Large Scale General Commercial. A public hearing will be held on April 4, 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 Nicklies Development TO REZONE A CERTAIN TRACT on the 4800 Block of E Tenth Street FROM R1 and C1 to C2 (Medium to Large Scale General Commercial) Whereas, Nicklies Dvlpmt filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from R1&C1 to C2; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on March 2 2, 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 March 22, 2015 , the Jeffersonville Plan Commission-6.iort,-j�V �,,..•e..ds that the Jeffersonville Common Council enact by ordinance the pr posed zoning designation change of the property from R1&C1 to C2 as requested in the petition of Nicklies Development So certified this 22 day of March 2015 Chairman STAFF REPORT Department of Planning & Zoning — Plan Commission FRS_o_c" Case Number: PC -16-25 Petitioner: Nicklies Development Location: 3800 Block E Tenth Request: Rezoning Proposed Use: Retail Zoning: Various to C2 (Medium to Large Scale General Commercial) Council District: 4 -Scottie Maples Date: March 22, 2016 Rezoning Request The applicant is requesting a zoning change for property located on the 3800 block of E Tenth Street. The property is currently zoned R1 and C1 and the requested zoning is C2. 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 7 PC-16- Figure 1: Site Location Comprehensive Plan & Planning District * d& Legend NZ Public/Institutional -Vacant/Agricultural Recreation/Open Space Light Industrial Single Family Residential Mulb-Family Residential - Mixed -Use - Heavy Industrial . Commercial - Business Park/industrial ElCity Limits Roads Page 2 of 7 PC -16 - 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. Traditional Marketplace Regional Marketplace Center Downtown Historic District Regional Marketplace Center These are centralized mixed-use shopping districts/activity centers designed to meet regional consumer needs. They typically contain a mixture of high intensity uses including regional shopping, office, services, entertainment facilities and medium to highly dense residential uses. Such Regional Marketplace Centers may include a variety of stores under one roof, or may consist of freestanding structures. Page 3 of 7 PC-16- ! ° ! ° Legend ! Primary Gateways Suburban Neighborhood ♦ Traditional Neighborhood/Workplace ♦ I ® Suburban Workplace ♦ ��,�� ♦� Suburban Marketplace Traditional Marketplace Regional Marketplace Center Downtown Historic District Regional Marketplace Center These are centralized mixed-use shopping districts/activity centers designed to meet regional consumer needs. They typically contain a mixture of high intensity uses including regional shopping, office, services, entertainment facilities and medium to highly dense residential uses. Such Regional Marketplace Centers may include a variety of stores under one roof, or may consist of freestanding structures. Page 3 of 7 PC-16- Zoning R2 1 fi- I a - wj-� r ' y R 1 C',2 tP,l// ��/ M 2 ..u:rvrrrm n r-irCi_ The property is currently zoned C2, R1, and C1. The property to the Southwest is zoned R1, to the northwest is zoned R2 and R1, to the north is zoned R1, and to the east is zoned C2. The proposed zoning for the entire site is C2. Attached Plans & Documents: 1. R1 District Intent 2. C1 District Intent 3. C2 District Intent Page 4 of 7 PC-16- "RV District 3.3 "Rt" District Intent, Permitted Uses, and Special Exception Uses District is intended to provide a land use category for medium lots and medium-sized single family detached homes. The provisions that regulate this land use district should protect, promote and maintain areas in Jeffersonville for existing and future housing growth. Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to protect this district from 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 3 to 4 dwelling units per acre community -wide in the "RV district. -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 1 • residential facility for developmentally disabled (over 4 bedrooms) Business: Recreation -golf course Institutional/Public Facilities -public park/recreational center -church, temple, or mosque Communication/Utility • public well -telecommunication facility Miscellaneous -artificial lake or pond over one (1) -acre in size • home occupation #2 3-4 Jeffersonville Zoning Ordinance Page 5 of 7 PC-16- "Cl" District 4.13 "Cl" District Intent, Permitted Uses, and Special Exception Uses I District Intent I 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 'W" 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 •drive4hru 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 furniture store • garden shop • gift shop hardware store • home electronics/appliance store jewelry store liquor sales • music store •news (not adult entertainment) -office supplies • paint store • shoe sales store -sporting goods •variety store Miscellaneous -accessory uses I ses -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 6 of 7 PC-16- "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 "ll "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 Permitted Uses • 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) sq,ocery/supermarket Business: General Business hotel motel plant nursery -wholesale business Business: Office/Professional • bank/credit union • bank machine/ATM •drive4hru 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 apparel shop -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 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 /U t i l iti e s • public wells •radiofTV station -telecommunication facility Jeffersonville Page 7 of 7 PC-16-