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HomeMy WebLinkAbout2017-OR-10 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2017-OR- AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED ON 1.1 ACRES OF 3511 E. 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M2 TO C2 Whereas,Jim Calvery filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located on 1.1 Acres of 3511 E. 10th Street and fully described in the attached Exhibit A from M2-Medium Density Multifamily Residential to C2-Medium to Large Scale General Commercial and, Whereas, on February 28, 2017 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 6, 2017; 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 1.1 Acres of 3511 E. 10th Street and fully described in the attached Exhibit A is hereby changed from M2-Medium 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�0�day of March, 2017. Common Council of the City of Jeffersonville, Indiana V TED F VOTED AGAINST: c. Vz- IBJ Lisa Gill, President ATTEST: Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this day of March, 2017. v� Vicki Conlin City Clerk This Ordinance approved and signed by me this day a ch, 2017. Mike oore, May8r Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Jim Calvery PC-17-12 TO REZONE A CERTAIN TRACT 1 . 1 Acres 3511 E . 10th St . FROM M2 to C2 CERTIFICATION O AVORABLENNFAVORABLE/NO RECOMMENDATION - -UF-PRUPOSED ORDINANCE Whereas, Jim Calvery filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from M2 to C2 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on February 28, 2 017 ; 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 28 , 2017 the Jeffersonville Plan Commission Favorably Recommends that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from M2 to C2 as requested in the petition of Jim Calvery, PC-17-12 So certified this 2 8 day of February , 2017 Chairman Minor Plat 1pI'9 E" Ail � G � s.,7 '3tF7' r.- 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 2 of 6 PC-17-12 3511 E. 10th Rezoning Comprehensive Plan and Planning Districts N Legend bPubridinslitut,onal - VacanUAgncufluml RecreaWri/Open Space Light Ind--nal Single Family Residential MWh-Family Residential - Mixed-Use - Heavy Industnal - Commercial ® Business PaWIndustnal City 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. Legend Primary Gateways Suburban Neighborhood Traditional Neighborhood/Workplace - Suburban Workplace Suburban Marketplace Traditional Marketplace Regional Marketplace Center Downtown Historic District Figure 3: Planning Districts Map Page 3 of 6 PC-17-12 3511 E. 10`h Rezoning eG�YO� o, STAFF REPORT Department of Planning & Zoning — Plan Commission RsoN Case Number: PC-17-12 Petitioner: Jim CalverX Location: 3511 E. 10' St. Request: Rezoning Proposed Use: Commercial Zoning: M2 (Medium Density Multifamily Residential) to C2 (Medium to Large Scale General Commercial) Council District: 4- Scottie Maples 5-Lisa Gill Date: February 28, 2017 Rezoning Request The applicant filed a rezoning application for approximately 1.1 acres of a property located at 3511 E. 10th St. The current zoning is M2 (Medium Density Multifamily Residential) and the proposed zoning is C2 (Medium to Large Scale General Commercial). The property has been subdivided into two tracts through the Minor Platting process. The property is located within the Commercial Corridor Overlay District, and would become part of the Jeffersonville Commons PUD. Figure 1: Site Location •a �1 / R 44 C y <R Page 1 of 6 PC-17-12 3511 E. 10'h Rezoning Regional Marketplace 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. Zoning Properties to the North, Northwest, Southeast and directly to the East are zoned C2 (Medium to Large Scale General Commercial). Properties to the Southwest are zoned M2 (Medium Density Multifamily Residential). Figure 4: Zoning Map CZE` ~ � -N t � i \ r K1 l � 6 � 1)6 r Attached Plans & Documents: 1. M2 District Intent 2. C2 District Intent Page 4 of 6 PC-17-12 3511 E. 10`h Rezoning M2 District 3.11 M2 District Intent,permitted Uses,and Special Exception Uses District Intent Permitted I ses Special Exception Uses The"M2"(Medium Density Multifamily Residential Residential Residential)District is intended to •dwelling,multifamily iduplexi •assisted living facility provide a land use category for •dwelling,multifamily(3 to 4 units) •dwelling,single-family small-scale multifamily apartment, •dwelling,multifamily(5 to 8 umts) •nursing home townhouse,or condominium Miscellaneous 'retirerrentcommunity developments The provisions that •accessory uses •residential facility for de-loprrentally disak regulate this zoning district allow a f4 bedrooms or less) limited mix of multifamily residential •residential facility for mentally ill(4 bedrooms uses and one primary structure per lotor less) Jeffersonville's Pion Commission and Institutional/Public Facilities Board of Zoning Appeals should strive •church,temple,ar incsaee to integrate this district near NC,OC, Communication/Utilities and DC Commercial Districts,and •telecommunication focil4y very sensitively near other residential Miscellaneous districts. This district should also be •home occupation#I within close proximity to parks,open space,services,and retail if possible Avoid locating nearconflicting land uses The Plan Commission and Board of Zoning Appeals should strive to promote a maximum density of up to 8 dwelling units per acre in the"M2" district 3-12 Jeffersonville Zoning Ordinance Page 5 of 6 PC-17-12 3511 E. 101h Rezoning "CT' District 4.15 "C2"District Intent,Permitted Uses,and Special Exception Uses Disi rict Intent Permitted 1'ses -home electronics/appliance s ore The"C2"(Medium to Large Scale Institutional/Public Facilities -jewelry store General Commercial)District is •hospital -liquor sales intended to provide a land use Business:Auto Sales/Services -music 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 use district should not overly auto repair shop office supplies 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"C7"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 airlimited 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 •drive-thru bank machine/ATM -auto wash(automatic and self) which share resources and minimize the cost of public utilities •drive-thru bank/cbank/credit union •oil change service(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 SaleslService 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 •hehpad or heliport -tanning salon -light rail station Business:Recreation -sign painting/fabrication -banquethall -mini-storage facility(mini warehouses •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 sales/service -floor coverings -kennel(commercial) •flower shop Communication/Utilities -furniture store -public wells •enclosed shopping mall •radiorrV station •gift shop •telecommunication facility •hardware store heating 8 cooling sales/service 4-16 Jeffersonville Zoning Ordinance Page 6 of 6 PC-17-12 3511 E. 10" Rezoning New Business: 2017-OR- I An Ordinance Changing the Zoning Map Designation of Certain Tract of property located on 1.1 Acres of 3511 E. 10t'Street and Fully Described in Attached Exhibit A from M2 to C2 DEPARTMENT OF LAW cxry q, Les Merkley, Corporation Counsel/Director of Legal Affairs 0 * ° 812-285-6493 office kir 812-285-6403 fax www.cityofjjeff.net T J�v 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 ON 1.1 ACRES OF 3511 E. 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M2 TO C2 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED ON 1.1 ACRES OF 3511 E. 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M2 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 1.1 Acres of 3511 E. 10th Street and fully described in Exhibit A from M2-Medium Density Multifamily Residential to C2- Medium to Large Scale General Commercial. A public hearing will be held on March 6, 2017 at 7:00 p.m. in the City Council Chambers, Ist 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.