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HomeMy WebLinkAbout2016-OR-45 BEFORE THE COMMON COUNCIL FOR CITY OF JEFFERSONVILLE STATE OF INDIANA ORDINANCE NO. 2016-OR- — AN ORDINANCE AMENDING PORTIONS OF THE ZONING ORDINANCE (2000-OR-61) TO ALIGN WITH THE RECENTLY ADOPTED JEFFERSONVILLE COMPREHENSIVE PLAN UPDATE (2015-OR-58). WHEREAS, the Common Council for the City of Jeffersonville ("Council") is the legislative body for the City of Jeffersonville ("City"); and WHEREAS, the Common Council has the statutory authority to adopt ordinances to protect the health, safety, welfare, aesthetic appearance and orderly development of the community as set forth in Indiana Code subsection 36-1-3 (Article 1. General Provisions - Chapter 3. Home Rule); and WHEREAS, the Common Council has the statutory authority to adopt ordinances promoting the public health, safety, comfort, morals, convenience, and general welfare of the community as set forth in Indiana Code subsection 36-7-4-601(b) (Article 7. Planning and Development- Chapter 4. Local Planning and Zoning); and WHEREAS, the Director of Planning and Zoning has recommended such changes; and WHEREAS, the changes are more consistent with the City's Comprehensive Plan; and WHEREAS, the Jeffersonville Plan Commission held a public hearing on July 26, 2016 in accordance with I.C. 36-7-4-604, to review and make a recommendation to City Council for the establishment of such changes; and WHEREAS, the Jeffersonville Plan Commission by a majority vote of its entire membership finds that the proposed changes should be made and that the proposed changed are in the interest of the public health, safety, comfort, convenience, and general welfare of the community; WHEREAS, the Common Council held a public hearing on June 27, 2016 in accordance with I.C. 5-3-1, to workshop proposed amendments to the Zoning Ordinance; and NOW, THEREFORE, BE IT ORDAINED by the Common Council that the following amendments be made to the Zoning Ordinance: Section 1. Filling/Gas Station Standards. Specific development standards for filling/gas stations are adopted into Article Seven: Development Standards as shown in Exhibit "A" (a copy of which is attached). 1 Section 2. Use Tables Amended. The use tables are amended in Article Four: Institutional and Commercial Zoning Districts as shown in Exhibit"B" (a copy of which is attached). Section 3. Overlay District. The "Tenth Street Traditional Marketplace Overlay District (TTMO)" is adopted into Article Five: Overlay Districts as shown in Exhibit"C" (a copy of which is attached). This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. SO ORDAINED this r day of , 2016. COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA By: _ a esident AT EST: Vicki Conlin, Clerk Presented by me as Clerk to the Mayor of City of Jeffersonyiffe Jefferson ' this day of , 2016. lk Vicki Conlin, Clerk This Ordinance approved and signed by me this k� day of , 2016. Mike Moore, Mayor 2 STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Jeffersonville Department of Planning & Zoning TO AMEND THE JEFFERSONVILLE ZONING ORDINANCE CERTIFICATION OF FAVORABLE RECOMMENDATION OF PROPOSED ORDINANCE Whereas, the Jeffersonville Department of Planning & Zoning filed a petition before the Jeffersonville Plan Commission to amend the Jeffersonville Zoning Ordinance (2000-OR-61) to add a new overlay titled Traditional Marketplace Tenth Street Overlay District (Article 5), adopt development standards in (Article 7), and amend use tables in (Article 4) as recommended in the staff report (a copy of which is attached as Exhibit "A"); and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on July 26, 2016; and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to favorably recommend the proposed amendment to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on July 26, 2016, the Jeffersonville Plan Commission favorably recommends that the Jeffersonville Common Council enact by ordinance the proposed Jeffersonville Zoning Ordinance Amendment as requested in the petition of Jeffersonville Department of Planning & Zoning. So certified this 26th day of July, 2016. L�L' C/7Jl.G'� Brent Roberts Chairman �a C' YO o\ W N STAFF REPORT Department of Planning & Zoning — Plan Commission �FRSp�N,'/ Petitioner: City of Jeffersonville, Planning & Zoning Department Requests: Zoning Ordinance Amendment Hearing Date: July 26, 2016 Proposed Change to the Zoning Ordinance The Plan Commission staff recommends an amendment to the Jeffersonville Zoning Ordinance (2000-OR-61) for recommendation to the City Council. The proposed amendment would add a new overlay titled Traditional Marketplace Tenth Street Overlay District to in Article Five, adopt development standards in Article Seven, and amend use tables in Article Four. The Docket Number is ZO- 16-01. Attachments • Proposed Traditional Marketplace Tenth Street Overlay District • Proposed Filling/Gas Station Development Standards • Proposed Amended Use Tables Page 1 of 1 ZO-16-01: Zoning Ordinance EXHIBIT "A" Filling / Gas Station (GS) 7.30 Filling/Gas Station(GS) GS-ol: This Filling/Gas Station Standards section applies to the following districts: NC,HC,C1,C2,IR,NI,I1,I2 A. Any property that is primarily used for the storage/sale of gasoline,diesel,natural gas or alternative fuels shall not be located within 2,640 feet(1/2 mile)of a primary or secondary school. B. No more than two filling/gas station uses may cluster at the same intersection and shall comply with the following arrangement: a. Must locate on opposing sides of the roadway b. Must occupy either the first of second tier property from an intersection c. Must locate within 660 feet(1/8 mile)from the intersection C. No more than two filling/gas station uses may cluster mid-block and shall comply with the following arrangement: a. Must locate within 660 feet(1/8 mile)of one another D. Each cluster of filling/gas stations shall be located a minimum distance of 5,280 feet(1 mile) from another cluster. E. The distances for the above standards shall be determined by measuring in all directions from the real property lines and are inclusive of Right-of-Way. i i i Intersection Cluster 1 1 660 feet mqx ' i from intersection i i (must be Is'or ' i 2'tier property) --- 5,280 feet minimum` — Intersection Cluster 7 Mid Mock Fluster ~660 feet 5,280 feet minimum Mid Block Cluster o4 Y 41 � Q w � L ONto to C _O v C m N C N U 7 m cc > O Q OA 9 v O N F C U d L Y O � 3 7 3 C C N V � O U L CO i L d O - - C T C Q N L ° to OC aj N L V >O 17 N -O N N _ n Ym E m E E y ° C 2 cf 0i m 0 u ° E 3 n 3 > a o a, n, m -O a N ° m 4! N T U am+ V m O Q v M > C "O C Q) v Y vl T .° v N Qj c .- c O v (D ^ 0 ° ° Y c vv - N o0 o E E Y N v U m Y N Q m m 41 O O C m C �- U U C O_ 04 w ''' - 7 Y '^ O C .m N '�, u vi a, 'p Q N O N a N m E i t Ul E -p 'O C Oq N C N °Y C ° N m m 3 c = o c v � m u_ v n a .� 3 o n a N ° L m ° E c E 3 y v " v u v c v ° v o C O O u N 02 " O N > v L L 3 3 o m c v > u c N N .00 to av ° T T m 41 O i E u ; ° O on vi Ql m N O O T m L E ZA v L N Q pp 41 fmo —MCa 4! ON Q N L L > "c - 7 i1 L C C '- Q OD Y 41 > C - - 7 .- w 7 G1 = O O_ m �_ d u r-. N 9 ,� Y E C m "O O m c m E f ami m V ° •3 -c " m O v ai x O UM 3 2 L E m - u L a- m C7 3 u a m �o m l.. N a a a a a in vA n. a s a a Ln vi a s > o > E o Ln in a 2 n T m Z a In LA a a a N 00 N [O w - � v NC 7 v a N a a a n Ln n Cl. vi V) L a u v .iii V a In to a N V7 V7 Vl i 000 C C O = a a a a a a a a a a a a a a �n o v u L) � Y v Z a' a — v v v (1, u m UD to m Gl Y m �m m V m m m m a n n °_ nZ Z o `o o `o Fu ? m w w N N m m m m m m N w N N d' N N N N N N N N N N N N N N N 4/ u N 7 O O O N m E °o v o ro LO N 3 O 6 o 7 C > N E O p�� C Y v N ° ai >' N Y N d1 b0 0 mf0 m - c 3 vmi O m m m Y V _ N C Y U C a.+ N m m .- C C C U L 'V u O =32 4b m N m m O O O - m N N N 7 N m' y T L L N N N N m C Q1 L N n O O C '6 O OD N m O 'Q a O m m 0 0 v u m m m v L v C m � ,�, 0 O_ L E E m N N N E m N L 3 Y O = o 0 0 0 0 0 0 o E o v o u o c u o 00 X N 7 7 7 7 7 7 7 O v - 7 - i : 7 ° W D m m m m m m m m u m m o m m m E EXHIBIT "C" Tenth Street Traditional Marketplace Overlay (TTMO) District 5.4 District Intent& Effect on Uses TTMO; District Intent The Tenth Street Overlay District (TTMO) is intended to guide both new development and redevelopment activities as follows: • Support and implement the vision of the Traditional Marketplace Planning District identifies in the Comprehensive Plan including: A. wide sidewalks,street furniture and shade trees to contribute to a pedestrian friendly environment that invites shoppers to make multiple shopping stops without moving their vehicle; and B. easy access by pedestrians,transit and bicycle users; and C. appropriate land use standards that contain a mixture of uses and distinguish uses that are appropriate for location at nodes or within the balance of the corridor; and D. create a vibrant marketplace corridor; • Attract new businesses that make 10th Street a destination with a focus on shopping, sit-down dining and offices • Encourage the use of the"TM1" (Small to Medium Scale Traditional Marketplace) District which provides a commercial land use category that permits a vertical mix of commercial and residential uses within the same building; • Encourage a pattern of development that exhibits the physical design characteristics of pedestrian- oriented, storefront-style shopping streets; • Accommodate mixed-use buildings with neighborhood-serving retail, service, and other uses on the ground floor and residential units above the nonresidential space; • Encourage development that is varied in use and pedestrian-scale; • Promote commercial areas of redevelopment adjacent to existing residential neighborhoods. • 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. A shared parking strategy with adjoining TM2 properties should always be encouraged. Drive-thru uses are discouraged in TTMO and should be minimized. TTMO; Applicability • Properties located along the 10th Street, between Spring Street and Trailer Court as defined in the official zoning map. Article Five:Overlay Districts EXHIBIT "C" Tenth Street Traditional Marketplace Overlay (TTMO) District 5.4 District Intent& Effect on Uses TTMO; Effect on Uses Uses within the base zoning district are permitted throughout the Tenth Street Overlay District (TTMO) with the exception of those listed below.The following uses are not permitted: Excluded Uses: Business: Auto Sales/Services — auto parts sales — auto body repair — auto mechanical or body repair, major — auto mechanical repair — auto accessory installation — auto sales (open air, with showroom,full service mechanical with or without body shop) — auto sales (open air, limited mechanical services or body shop) — auto sales (open air, no services) — commercial truck sales — auto rental — recreational vehicle sales — auto service facility(tire or muffler shop) — oil change service — auto wash — filling/gas station' — truck stop — automobile/truck storage,outdoors — auto impound facility — motor-bus station — institutional fleet storage(open air) 'Properties that were historically gas stations may revert back to gas stations. Article Five:Overlay Districts EXHIBIT "c" Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District 41 s� / r 17A G. sst r i fi .l. .f �J Page 1 of 26 EXHIBIT "C" Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District -10 jf • cr i � r a Y`' i 00�� i ., O� WIN ' f' � / - / *. ; y� tai' �� { D ti • I �" / Ae r • y I n ` ,• Rr 1 � Page 2 of 26 EXHIBIT "c" Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District - �1ii111 i iRCVILUAN t"✓AY �: - All ti' i aJ •� .+�� `� �,,.i� 2 ; ' - ry` /' . � � -fit � "�aa � ' F,Cf t � i h � '� "' ?`a ���1 ��, n/ `?�i f , �• Via.. cif 7 :. � i' �'t~. �! � i�r�9r•i_... i / y0 ' �- ♦ ��,y��to- owl� W: Page 3 of 26 EXHIBIT "c" Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District ON oY- `. • '.nom ' -/�/ ,A o _ a I VVN T) Ot Of40 r rte` „ �'"✓ 1 `x ti ,. !j'"'' 2c v Page 4 of 26 EXHIBIT "C" Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District r /jam �Se ',\ R " /h op I r .000 �YY ' 2 Page 5 of 26 EXHIBIT "c" Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District 1, yr N. �� t ti 1 Page 6 of 26 EXHIBIT "C" Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District a�, � Ste_, p • �jj f 1 000l � �. � "a;• , �/ OJT ,�! � .y .♦ ti A I. � O 1 Page 7 of 26 EXHIBIT "c" Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District 7 00. ;0 r� k ` 011 �fZ ' x 4 41 -�f Page 8 of 26 EXHIBIT "C" Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District S -� , ON z Zp� 104 14% Al` _ -t 0;04V ��� \j � Y yam° - � � • C, ' � .9�0 7Y' � . � •�^ � ����Q ,fir �r ,�� Page 9 of 26 EXHIBIT "c" Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District • ' *100\1 A46 �A Page 10 of 26 EXHIBIT "c" Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District owl ^ ^! j oov I✓/ .ice � `✓^\\gip.•� ° , t;�� ,,�� ` r;l� l.,, yT ,�'1/ S� /�� , ♦ �. % Jr Page 11 of 26 EXHIBIT "C" Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District 100 V. r 11 f �+ ir �r \ .�,,'� � +• /� .�^ 'r is #. _•Z.%r: R y K+yf Y Page 12 of 26 EXHIBIT "C" Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District olk "° C� .+ t✓ tit A. 40 0 �41 r 01 OON• ` "ti '� / ell 40 x .f Sir pf s 000 .e/ 10 Jr'trl�.nt1'.�111�' rY � •fir. � M 1 �,1. \�Y � �,/�� 1)0 Page 13 of 26 EXHIBIT "c" Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District i; 00 0000011 0101, to Ile 1 � Page 14 of 26 EXHIBIT "c" Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District •` ;_. 00gel,000'NN 4 ✓, le X po 000000� � ff ' r 94 � ,. i ♦r q�, � � b�� � Page 15 of 26 EXHIBIT "C" Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District a, -OF- f 14 0 400V 0101, AN 1� Page 16 of 26 EXHIBIT "c" Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District } AL -OON 000N'. n #00049, k rr t Page 17 of 26 EXHIBIT "C111 Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District .{r �r t 00101N 74 • a '� it F ��� • t� � ! �'�• iii.... ... �,�. n • , ""'+ 40 Page 18 of 26 EXHIBIT "C" Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District Ax voO vow- tv 4 �n Y` •A t OAF .. \\\' r t >:y. � A�:Icttef unvillr r 1 } Y i Page 19 of 26 EXHIBIT "C" Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District ° ,.:'W /t •h� \ h h ti 4� ✓� \ != \� V1 t � t ++'� ��� M fir, ,� �• '• J . Page 20 of 26 EXHIBIT "C" Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District I Y `t #'�a.�(L yr. k ti� .. » i f �� 'S♦ ,*`, "' ~ NI -,-,,, r / r.� Al 0 eo p v As Page 21 of 26 EXHIBIT "C" Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District `J Ir dnal. 1 �� � � � •'h 4�. Z J -.: +�f NN ANEW PA Abk Is s F r �. f ♦ �' x ~ n, r 4 Page 22 of 26 EXHIBIT "CF Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District 4 � r , 01 r. ^1► ' .4 \ < r �✓ r u Page 23 of 26 EXHIBIT "c" Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District ill � Rl ~ � P z. w k -611 01 !� P �A� \ • 9`� 1l C Page 24 of 26 EXHIBIT "c" Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District � �► ' yr ",• *�- a �t � � � ��` �" ,FVILLIAN WAY t1"' r . ,5��� �' r�- tr '^ •.�•e—.- ti's - �'� /� �` `'. � % Ar rr^^ WN ti rl Page 25 of 26 EXHIBIT "c" Tenth Street Traditional Marketplace Overlay (TTMO) District Map of Overlay District O r r •S. t i t,,,.� a , � _ CvC� T r��, '•I�l moi... 44N VVt /s 49t Page 26 of 26 C I T Y 0 F E F F E R S 0 N V I L L E DEPARTMENT OFLANV Les Merkley, Corporation Counsel/Di rector 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 AMENDING THE ZONING COI)E (2000-OR-61) TO ALIGN WITH THE RECENTLY ADOPTED JEFFERSONVII-1,44." COMPREHENSIVE PLAN UPDATED (2015-OR-58)AS RECOMMENDED BY THE PLAN COMMISSION IN THE STAFF REPORT (A COPY OF WHICH IS ATTACHED AS EXHIBIT"A") NOTICE OF HEARING ON ORDINANCE AMENDING JEFFERSONVILLE ZONING ORDINANCE (2000-OR-61) TO ALIGN WITH THE-RECENTLY ADOPTED JEFFERSONVILLE COMPREHENSIVE PLAN UPDATEI) (2015- OR-58) AS RECOMMENDED BY PLAN COMMISSION Notice is hereby given that the Jeffersonville Plan Commission has filed Ordinance with the Jeffersonville City Council, Jeffersonville, Indiana asking for all Amendment of the Jeffersonville Zoning Ordinance (2000-OR-61) by creating specific development standards for filing/gas stations, amending the use tables 'Por institutional and commercial zoning districts, and adopting the "Tenth Street Traditional Marketplace Overlay District" as recommended by the Plan Commission in the staff report (a copy of which is attached as Exhibit "A". A public hearing will be held on August 1, 2016 at 7:00 p.m. in the ('I« Council Chambers, 1st floor, City Hall, 500 Quartermaster Court, Room 10 1, Jeffer,(()ii v I I le. Indiana at which time and place all interested persons will be heard in refci,cn,:c 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.