HomeMy WebLinkAbout2017-OR-33 STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMM/ON COUNCIL
ORDINANCE 2017-OR- c a54
AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF
PROPERTY LOCATED AT 414 E. COURT AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT
A FROM M1 TO DC
Whereas, Vinh Van Ngo filed a petition before the Jeffersonville Plan Commission to
change the zoning map designation of the real property located at 414 E. Court Avenue and
fully described in the attached Exhibit A from M1-Low Density Multi-Family Residential to DC-
Downtown Commercial and,
Whereas, on June 27, 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 July 10,
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 at 414 E. Court Avenue and
fully described in the attached Exhibit A is hereby changed from M1-Low Density Multi-Family
Residential to DC-Downtown 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 July, 2017.
Common Council of the City of Jeffersonville, Indiana
VOTE FOR: VOTED AGAINST:
4
(A369!�
Lisa Gill, President
A E
Vicki Conlin
City Clerk
Presented to me as Clerk to the Mayor of said City of Jeffersonville this
day of July, 2017.
Vicki Conli
City Cler
This Ordinance approved and signed by me this da o Jul
2017.
Mike Moore, Mayor
Prepared by:
Les Merkley
Corporate Counsel
Exhibit A
COY r, STAFF REPORT
w.O . .
¢ Department of Planning & Zoning — Plan Commission
Case Number: PC-17-39
Petitioner: Vinh Van Ngo
Location: 414 E. Court Ave.
Request: Rezoning
Proposed Use: Commercial
Zoning: M1 (Low Density Multi-Family Residential) to DC (Downtown
Commercial)
Council District: 1-Dustin White
Date: June 27, 2017
Rezoning Request
The applicant filed a rezoning application for property located at 414 E. Court
Ave. The current zoning is M1 (Low Density Multi-family Residential), and the
proposed zoning is DC (Downtown Commercial).
Figure 1: Site Location
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Page 1 of 6 PC-17-39 414 E. Court Rezoning
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
T
Legend
PublidlnstrWtional
- Vacant/Agdcultural
RecreatiorvOpen Space
Light Industrial
•iI/ Single Family Residential
Multi-Family Residential
- Mixed-Use
- Heavy Industrial
- Commerc al
/ Business P,al,Industrial
City Limns
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-17-39 414 E. Court Rezoning
Legend
Primary Gateways
Suburban Neighborhood
Traditional
Neighborhood/Workplace
Suburban Workplace
burban Marketplace
aditional Marketplace 's
egional Marketplace Center
ntown Historic District
Figure 3: Planning Districts Map
Downtown Historic District
This district is comprised of predominately office, commercial, civic, high-density
residential and cultural land uses. It has a grid pattern of streets designed to
accommodate a large volume of vehicular traffic and public transportation. There
are provisions for on-street and long-term parking of vehicles and for substantial
pedestrian and non-vehicular movement within the district. Buildings are
generally the greatest in volume and density in the metropolitan area, and there
is public open space including plazas and squares. The Downtown Historic
District should give identity to the whole community and should provide for a
mixture of high density and intensity uses.
Zoning
Properties to the North East, and West are zoned DC (Downtown Commercial).
Property to the Southwest is zoned C2 (Medium to Large Scale General
Commercial). Property to the south is zoned R3 (Old City Residential).
Page 3 of 6 PC-17-39414E. Court Rezoning
Figure 4: Zoning Map
A
DC
Subject Property M1 0\1IN
k-ttrr <�nai4lr p y'y�
DC
F
Attached Plans & Documents:
1. M1 District Intent
2. DC District Intent
Page 4 of 6 PC-17-39 414 E. Court Rezoning
M1 District
3.9 M1 District Intent,Permitted Uses,and Special Exception Uses
District Intent Permitted Ises Special Exception Uses
The"M1"(Low Density Multifamily Residential Institutional/Public Facilities
Residential)District is intended to 'child care home •church,temple,or masque
provide a land use category for •dwelling,multifamily(duplex) Miscellaneous Use
small-scale multifamily residential 'dwelling,multifamily(3 to 4 units) •home occupation#I
(i.e duplex,triplex,and quadplex). •dwelling,single4amily
The provisions that regulate this •residential facil" for developmentolly disabled
zoning district allow a limited mix of (4 bedrooms or less)
residential uses and up to two primary 'res less) l facilely for mentally ill(4 bedrooms
structure per lot. or Iess
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
development. 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-17-39 414 E. Court Rezoning
"DC" District
4.9 "DC"District Intent,Permitted Uses,and Special Exception Uses
District Intent Permitted Uses Permitted 1.ses(cont.)
The-DC"(Downtown/Old City Residential Business:Retail(cont.)
Commercial)District is intended -dwelling.single-family(upper floors) •resale store
to provide a land use category •dwelling,two-family(upper floors) •shoe store
for normal commercial uses in -dwelling multi-family(upper floors) -sporting goods store
the downtown. The provisions Business:Auto Sates/Services -variety store
that regulate this land use district -auto part sales(new) Miscellaneous
should make the district compatible
with the"R3,""Mt"and"M2" Business:Food Sales/Service -accessory uses
residential districts,and"OC"and -bakery,retail
"C1"commercial districts. -delicatessen
-restaurant Special Exception Uses
Jeffersonville's Plan Commission Business:General Business Residential
should strive to use this district •print shop/copy center •bed and breakfast facility
only in the historic downtown area Business:Personal Service -boarding house(owner-occupied)
and its immediate surroundings, barber/beauty shop Institutional/Public Facilities
-coin laundry •church,temple or mosque
Petitions in the"DC"district may .dry cleaning service -community center
be subject to the Historic District .shoe repair -government office
Ordinance and Historic Design
Guidelines. -tailor/pressing shop -museum
Business:Office/Professional •police/fire station
The Plan Commission and Board architecture firm -post office
of Zoning Appeals should strive •bank/credit union -public park/recreation center
to minimize parking lots in front -design services public/private parking area
of or between buildings,rather, -consulting firm Business:Food Sales/Service
encouraging parking behind insurance office convenience store
buildings and on the street. .investment firm -farmers market
•planning firm Business:Office/Professional
•professional office •drive-thru bank/credit union
•reading clinic •drive-thru bank machine/ATM
-real estate office Business:Personal Service
-secretarial service •drive-thru dry cleaning service
service organization offices Business:Recreation
•temporary service agency •bar/night club
-title company (not adult entertainment)
-travel agency -billiard/arcade room
Business:Recreation -dance/aerobics/gymnastics studio
-video store •karate studio
Business:Retail -lodge or private club
•antique shop -theater.indoor
•apparel shop (not adult entertainment)
•art gallery Communication/Utilities
art and craft studio -telecommunication facility
•consignment store Miscellaneous
•department store •home occupation#1
•fabric shop
•flowershop
•furniture store
•gift shop
hardware store
jewelry store
music store
•news dealer/bookstore
(not adult entertainment)
-office supplies
--......._._---
4-10 Jeffersonville Zoning Ordinance
Page 6 of 6 PC-17-39 414 E. Court Rezoning
JEFFERSONVILLE
DEPARTMENT OF LAW
Les Merkley,Corporation Counsel/Director of Legal Affairs
GG Y1�fi�'
812-285-(493 office
w 812-285-6403 fax
www.c:ityofjeff.net
Jeffersonville City Mall
500 Quartermaster Court
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 414 EAST COURT AVENUE
AND FULLY DESCRIBED IN ATTACHED EXHIBIT A
FROM Ml TO DC
NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP
DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 414
EAST COURT AVENUE AND FULLY DESCRIBED IN ATTACHED EXIIIBIT A
FROM M I TO DC
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 414 East Court Avenue and fully
described in Exhibit A from M l-Low Density Multi-Family Residential to DC-
Downtown Commercial.
A public hearing will be held on July 10, 2017 at 7;00 p.m. in the City Council
Chambers, I"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.
L
Les Merkley
Corporation Counsel
Jeffersonville City Hall
500 Quartermaster Court
Jeffersonville, IN 47130
(812) 285-6423
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE PLAN COMMISSION
IN RE THE APPLICATION OF
Vinh Van NQo PC-17-39
TO REZONE A CERTAIN TRACT
414E Court Ave
FROM M1 (Residential to DC (Commercial)
CERTIFICATION O AVORABLE NFAVORABLE/NO RECOMMENDATION
PRO—POSED ORDINANCE
Whereas,Vinh Van Ngo 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 DC ; and,
Whereas, after proper notice by publication, the Jeffersonville Plan Commission
held a public hearing on the petition on June 27 2017 ; 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 27. 2017 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 DC as requested in the petition of
Vinh Van Ngo PC-17-39
So certified this 27th day of June 2017
AfAll"k.,
Chairman