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HomeMy WebLinkAbout2016-OR-89 STATE 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 1914 EAST 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M1 TO C2 Whereas, Curt Rafferty filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 1914 East 10th Street and fully described in the attached Exhibit A from M1: Low Density Multifamily Residential to C2: Medium to Large Scale General Commercial and, Whereas, on December 6, 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 December 19, 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 1914 East 10th Street and fully described in the attached Exhibit A is hereby changed from M1: Low Density Multifamily Residential 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 December, 2016. Common Council Of The City of Jeffersonville, Indiana VOTED FOR: T GAINST: LAO att Owen, President A Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of saidCit of Jeffersonv' Zthis7o day of December, 2016. Vicki Conlin City Clerk This Ordinance approved and signed by me this day of December, 2016. Mike Moore, Mayor Prepared by: Les Merkley Corporate Counsel PER ORDINANCE 2016-OR-89 WILL BE IN AFFECT WITHOUT MAYOR SIGNATURE STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Curt Rafferty PC-16-69 TO REZONE A CERTAIN TRACT 1914 E. 10th St . FROM M1 to C2 CERTIFICATION OFrFiAVORAB EL )UNFAVORABLE/NO RECOMMENDATION OSED ORDINANCE Whereas, Curt Rafferty filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from M1 to C2 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on December 6, 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 December 6 2016 the Jeffersonville Plan Commission Favorably Recommends that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from M1 to C2 as requested in the petition of Curt Rafferty PC-16-69 So certified this 6th day of December _, 2016 Chairman STAFF REPORT 'm Irl Department of Planning & Zoning — Plan Commission S-0-- Case Number: PC-16-69 Petitioner: Curt Rafferty Location: 1914 E. 10th St. Request: Rezoning Proposed Use: Commercial Retail Zoning: M1 (Low Density Multifamily Residential) to C2 (Medium to Large Scale General Commercial) Council District: 5-Lisa Gill Date: December 6, 2016 Rezoning Request The applicant filed a rezoning application for property located at 1914 E. 10th St. The current zoning is M1 (Low Density Multifamily Residential) and the proposed zoning is C2 (Medium to Large Scale General Commercial). The applicant is requesting the rezoning for construction and operation of a commercial retail store. Figure 1: Site Location V n Gospel Tabernacle 00 ac � x , k ' Subject cn A J Property 1: 7 c j. I:. . Page 1 of 6 PC-16-69 Dollar General Rezone 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 and Planning Districts Subject Property Legend PubIwAnsldutional . Vacant'AgntuIW.I Reaeatiow0pen Space Light Industrial Single Family Residential hlul&Family Residenlial - Mixed-Use - Heavy Industrial Commucial - Business Perkllndustrial MCity Limits Roads Figure 2: Future Land Use Plan 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 6 PC-16-69 Dollar General Rezone Legend Primary Gateways Suburban Neighborhood Traditional Neighborhood[Work pla ce Suburban Workplace Suburban Marketplace Traditional Marketplace Regional Marketplace Center 4ft460 Downtown Historic District Figure 3: Planning Districts Map Traditional Marketplace 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 90th Street to encourage a form that is more pedestrian oriented with development that has little or no setbacks. The uses in Traditional Marketplace 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. Page 3 of 6 PC-16-69 Dollar General Rezone Zoning Properties to the North and Southwest are zoned C2 (Medium to Large Scale General Commercial). Properties to the South and Southeast are zoned M1 (Low Density Multifamily Residential). The property to the Northeast is zoned IS (Institutional). Figure 4: Zoning Map IS r, Subject PropertyM l `Ki . a Attached Plans & Documents: 1. M1 District Intent 2. C2 District Intent Page 4 of 6 PC-16-69 Dollar General Rezone M1 District 3.9 M1 District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"M1"(Low Density Multifamily Residential Institutionol(Public Facilities Residential)District is intended to •child care home •church,temple,or mosque provide a land use category for •dwelling,multifamily(duplex) Miscellaneous Use small-scale multifamily residential •dwelling,multifamily(3 to 4 units) •home occupation#1 (ie.duplex,triplex,and quadplex). 'dwelling,single-family The provisions that regulate this •residential focilAy for developmentally disubla zoning district allow a limited mix of (4 bedrooms or less) residential uses and up to two primary •residential facility for mentally ill(4 bedrooms structure per lot. or less) The"M1"district is applicable to new Miscellaneous Use and existing developments,small in accessory uses area,and development standards that recognize multifamily development requires more stringent development standards to protect the quality of life of tenants Jeffersonville's Plan Commission and Board of Zoning Appeals should use this district for existing developments and carefully for new residential developments. A special exception use should be granted only when a development is clearly comparable to the intent and standards of this district 3-10 Jeffersonville Zoning Ordinance Page 5 of 6 PC-16-69 Dollar General Rezone "C2rr District 4.15 "C2"District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Useshome eecronicsappiancestore —......... The"C2"(Medium to Large Scale Institutional/Public Facilities -jewelry storeli-liquor sales General Commercial)District is •hospital q intended to provide a land use Business:Auto Sales/Services musk store category for most large scale -auto body repair shop news dealer/bookstore general business uses. The auto parts store (not adult entertainment) provisions that regulate this land .auto repair shop -office supplies use district should not overly restrict normal business practices. 'auto sales(open air,with showroom,full •paint store This district can be used adjacent service mechanical with or without body Permitted Uses to all other commercial districts and shop) •plumbing supplies the"R3,""M1"and"M2"residential •auto service(tire or muffler shop) •sporting goods store districts. However,buffering should Business:Food Sales/Service -variety store be provided between this district convenience store(with gas pumps) Miscellaneous and any residential district. drive-in restaurant accessory uses grocery/supermarket Jeffersonville's Plan Commission •restaurant and Board of Zoning Appeals should strive to use this district Business:General Business with the"Cl"District to encourage •hotel a strong and stable area for motel Special Exception Uses commerce, plant nursery Business:Auto Sales/Services -wholesale business •auto sales(open air,limited mechanical The Plan Commission and Board Business:Office/Professional services or body shop) of Zoning Appeals should not bank/credit union auto sales(open air,no services) encourage"strip development", bank machine/ATM auto service station rather development in clusters •dnve-thru bank machine/ATM •auto wash(automatic and self) which share resources and •drive-thru bank/credR union -oil change service enclosed minimize the cost of public utilities ge (enclosed) and services. The Plan Commission •office complex •recreational vehicle sales(motor home and Board of Zoning Appeals •medical/dental clinic sales) should also strive to minimize Business:Personal Service Business:Food Sales/Service lighting,un-landscaped large •barber/beauty shop -convenience store(with gas pumps) parking lots,parking lots fronting drive-thru dry cleaning service Business:General Business major streets,and traffic conflicts in -dry cleaning service •airport the"C2"District. •fingernail salon boat sales/service •fitness center/gym •funeral home or mortuary •health spa •helipad or heliport -tanning salon •light rail station Business:Recreation -sign paintingtfabrication banquet hall •mini-storage facility(mini warehouse) bowling alley •motor bus station -theater,indoor -railroad station (not adult entertainment) Business:Recreation •video store •ball fields Business:Retail •bar/night club -antique shop (not adult entertainment) -apparel shop -theater,outdoor •department store (not adult entertainment) •drug store Business:Retail •electrical supplies •lumber yard •fabric shop •satellite dish salestservice •floor coverings •kennel(commercial) •flower shop Communication/Utilities •furniture store •public wells -enclosed shopping mall •radio/TV station •gift shop •telecommunication facility hardware store •heating 8 cooling sales/service 4-16 Jeffersonville Zoning Ordinance Page 6 of 6 PC-16-69 Dollar General Rezone DEPARTMENT OF LAW GXT,y 0� A, � Les Merkley, Corporation Counsel/Director of Legal Affairs h a• W * N 812-285-6493 office c— * W 812-285-6403 fax www.cityofjeff.net FRSoN 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 1914 EAST 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M 1 TO C2 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1914 EAST 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M1 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 1914 East 10th Street and fully described in Exhibit A from M 1-Low Density Multifamily Residential to C2-Medium to Large Scale General Commercial. A public hearing will be held on December 19, 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.