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HomeMy WebLinkAbout2016-OR-39STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2016 -OR- 9 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED ON THE 3800 BLOCK OF E TENTH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO C2 -PD Whereas, Nicklies Development filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located on the 3800 Block of E Tenth Street and fully described in the attached Exhibit A from C2: Medium to Large Scale General Commercial to C2 -PD: C2 -Planned Development and, Whereas, on June 2, 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 June 20, 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 3800 Block of E Tenth Street and fully described in the attached Exhibit A is hereby changed from C2: Medium to Large Scale General Commercial to C2 -PD: C2 -Planned Development. 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 0?6 day of J-K.Zle� , 2016. Common Council Of The City of Jeffersonville, Indiana %ir1Trr% r^n. Et - Vicki Vicki Conlin City Clerk VOTED AGAINST: A LOwen, re Presenjgd-to me as Clerk to the Mayor of said Cit o Jeffersonvill this day of 2016. Vicki Conlin City Clerk This Ordinance approved and signed by me this as 2016. Prepared by: Les Merkley Corporate Counsel Mik4 Moore, M STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Nicklies Development TO REZONE A CERTAIN TRACT on the 3800 block of E Tenth Street FROM C2 (Medium to Large Scale General Commercial) to C2 -PD (C2 - Pl lopment) O CERTIFICATION AVORABLE NFAVORABL /NO RECOMMENDATION OSED ORDINANCE Whereas, Nicklies Development 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 C2 -PD ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on June 2, 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 June 2, 2 016 , the Jeffersonville Plan Commission i vor b1 that the Jeffersonville Common Council enact by ordinance the pr posed zoning designation change of the property from L2 J% Pp -[Z- as requested in the petition of �;� sl sl 'Dw10 fZ-t So certified this 2ndday of June , 2016 , A-4 Chairman �~'G,�Y0� o STAFF REPORT Department of Planning & Zoning — Plan Commission RS - Case Number: PC -16-40 Petitioner: Nicklies Development Location: 3800 Block E Tenth Request: Rezoning to C2 -PD Proposed Use: Retail Zoning: C2 (Medium to Large Scale General Commercial) to C2 -PD Council District: 4 -Scottie Maples Date: June 2, 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 C2 and the requested zoning is C2 -PD. Figure 1: Site Location Page 1 of 5 PC -16-40 Jeff Commons PUD 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. Comprehensive Plan & Planning District Legend Public/Ins6tutional - Vacant/Agricultural Recreation/Open Space Light Industrial Single Family Residential - Multi -Family Residential - Mixed -Use a Heavy Industrial - Commercial Business Park/industrial MCity Limits L 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. Page 2 of 5 PC -16-40 Jeff Commons PUD 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 5 PC -16-40 Jeff Commons PUD "C2" District 4.15 •'C2" District Intent, Permitted Uses, and Special Exception Uses Dish•ict intent 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" 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 "C1•' 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. Permitted Uses • hospital Business: Auto Sales/Services • auto body repair shop •auto parts store •auto repair shop -autosales (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/Profes s Iona I •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 • 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 Special Exception Uses Business: Auto Sales/Services • 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 •radio/TV station -telecommunication facility 4 1 Jeffersonville Zoning Ordinance Page 5 of 5 PC -16-40 Jeff Commons PUD C 1 T Y O F J E F F E R S O M d I L L.E 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 ON THE 3800 BLOCK OF E TENTH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 to C2 -PD NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED ON THE 3800 BLOCK OF E TENTH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO C2 -PD Notice is hereby given that the City of Jeffersonville has filed an 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 3800 block of East Tenth Street and fully described in Exhibit A from C2 -Medium to Large Scale General Commercial to C2 -PD -C2 -Planned Development. A public hearing will be held on June 20, 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.