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Home My WebLink About2017-OR-34 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2017-OR- -T AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 3.408 CHARLESTOWN-NEW ALBANY PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM 12 to C2 Whereas, Paul Lee, Lee America Corporation filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 1408 Charlestown-New Albany Pike and fully described in the attached Exhibit A from 12-Industrial Park/Heavy Industrial to C2-Medium to Large Scale General 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 1408 Charlestown-New Albany Pike and fully described in the attached Exhibit A is hereby changed from 12-Industrial Park/Heavy Industrial 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 J& day of July, 2017. Common Council of the City of Jeffersonville, Indiana VOT D VOTED AGAINST: Lisa Gill, President A S • Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this day of July, 2017. 1" /"/" Vicki Conlin f-l- Cl This Ordinance approved and signed by me this /1111\—cay, 2017. ✓e, Mayor Prepared by: Les Merkley Corporate Counsel Exhibit A d, STAFF REPORT 'W" X.'wl Department of Planning & Zoning — Plan Commission Case Number: PC-17-35 Petitioner: Paul Lee, Lee America Corp. Location: 1408 Charlestown-New Albany Pike Request: Rezoning Proposed Use: Commercial Zoning: 12 (Industrial Park/Heavy Industrial) to C2 (Medium to Large Scale General Commercial) Council District: 2-Ed Zastawny Date: June 27, 2017 Rezoning Request The applicant filed a rezoning application for property located at 1408 Charlestown New Albany Pike. The current zoning is 12 (Industrial Park/Heavy Industrial), and the proposed zoning is C2 (Medium to Large Scale General Commercial). The property is located in the Commercial Corridor Overlay District. Fi ure 1: Site Location � s i `f Southeast Christian Church o oLav i• l 1 S .+ A141 Subject Property i Page 1 of 6 PC-17-35 1408 Charlestown NA Pike 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 Plannin Districts R! X Legend v` PuhliUlnsti[utional • Vacant/Agricultural Recreation/Open Space Light Industrial Single Family Residential Multi-Family Residential - Mixed-Use m Heavy Industrial - Commercial ® Business Park/Industrial .Crty timrts Roads Figure 2: Future Land Use Plan Single Family Residential This residential is classified as detached single-family residential development in both the traditional street network and suburban street network. This classification also encourages supported uses such as religious facilities. Single family dwellings are the predominant land use throughout all parts of Jeffersonville. This use occupies the majority of the total developed land. Jeffersonville will need additional single family units to accommodate future growth. Currently the dwellings range from older houses on relatively small lots in the central part of Jeffersonville to newer developed subdivisions along both the Charlestown Pike and Utica-Sellersburg Road Corridors. New single family housing areas will be limited by the amount of available space and the adequate transition from adjacent incompatible uses. Page 2 of 6 PC-17-35 1408 Charlestown NA Pike Rezoning 77RR e> Y. 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 Suburban Workplace A Suburban Workplace is a form characterized by predominately industrial and office uses where the buildings are set back from the street in a landscaped setting. Suburban workplaces often contain a single large-scale use or cluster of uses within a master planned development. New larger proposed industrial uses are encouraged to apply for a planned development district. Zoning Properties to the Northeast, South, and Southwest are zoned 12 (Industrial Park/Heavy Industrial). Properties to the North are zoned IS (Institutional). Properties to the East are zoned R3 (Old City Residential). This property is at the intersection that leads to the new Jeffersonville Town Center Commercial Development. Page 3 of 6 PC-17-35 1408 Charlestown NA Pike Rezoning Figure 4: Zoning Map IS a� i 'i 4 k= .: f } R3 V WAVERLr•Hp—�.�1 is S A r= 12 Subject Property I2 I2 n F, Attached Plans & Documents: 1. 12 District Intent 2. C2 District Intent Page 4 of 6 PC-17-35 1408 Charlestown NA Pike Rezoning "12" District 4.23 "12"District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Cses Special Exception Uses The 12"(Industrial Park/Heavy Agricultural Uses/Service Agricultural Uses/Service Industrial)District is intended to •rann equipment sales/service -processing agrculture products provide a land use category for -storage of agricultural products Institutional/Public Facilities most moderate to high impact Institutional/Public Facilities •policerfire station industrial park and heavy industrial -public parklrecreation center Business:Auto Sales/Services facilities.This district can be Business:Auto Sales/Services •automobile/truck storage(outdoor used adjacent[o the"C 2"and 9 / "it"commercial districts,and -auto body repair shop •automobile sales(open air,limited agriculture districts where there -auto parts stere mechanical services or body shop) are no negative effects on the -auto repair shop -automobile sales(open air,no services) environment. -auto sales lopen air,with showroom,full Business:General Business service mechanical with or without body •storage(indoor or outdoor with Jeffersonville's Plan Commission shop) screening) should strive to use the 12"district •auto service(tire or muffler shop) Industrial Uses on a case-by-case basis. Vacant Business:General Business -incinerator land should not be zoned"12". •mini-storage facility(mini warehouse; •liquid fertilizer storage/distribution Further,The Plan Commission -trade shops Communication/Utility should not rezone without written commitments. .warehouse -electrical generator -welding -pipeline pumping station The Plan Commission should Business:Recreation •public wells be very careful when allowing •bar/night club •sewage treatment plants this district. Environmental, •theater,indoor -storage tanks nonhazardous public safety,public welfare. -theater outdoor -telecommunication facility and protection from all forms of Business:Retail •utility substation pollution should be the highest •news dealer bookstore Miscellaneous priority when considering a Industrial Uses -artificial lake-one(t)or more acres proposed rezoning. -bottled gas storage/distribution The Plan Commission and Board of -distribution center Zoning Appeals should also strive •flex-space to minimize lighting,parking lots heavy manufacturing fronting major streets,excessive -light manufacturing use of signs,and traffic conflicts in -office complex the"11"District. -research center Buffer yards should be strictly Communication/Utility •radioyTV stationupheld and outdoor storage is discouraged. -telephone exchange Miscellaneous accessory uses 4-24 Jeffersonville Zoning Ordinance Page 5 of 6 PC-17-35 1408 Charlestown NA Pike Rezoning "C2" District 4.15 "C2"District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted t'ses •home ee romcsiapprancestore The"C2"(Medium to Large Scale Institutional/Public Facilities 'Jewelry store General Commercial)District is •hospital •liquorsales intended to provide a land use Business:Auto SaleslServices •music store category for most large scale -auto body repair shop news dealertbookstore 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,""M11t"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 pumpsi 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 SaleslServiees -wholesale business -auto sales iopen 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 drive-thru bank machine/ATM -auto wash(automatic and seif) which share resources and •drive4hru bank/credH union -oil change service(enclosed minimize the cost of public utilities g ) and services. The Plan Commission 'ofice 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 •barberlbeauty shop •convenience store iwdh 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 saleslservice -fitness center/gym •funeral home or mortuary •health spa •hehpad or heliport -tanning salon -light rail station Business:Recreation -sign paintmg/fabrication •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/mght club •antique shop (not adult entertainment) -apparel shop theater.Outdoor deoararent store (not adult entertainment) drug store Business:Retail electrical supplies lumber yard •fabric shop •satellite dish sales/service •floor coverings •kennel icommercial) •flower shop Communication/Utilities •furniture store •public wells -enclosed shopping mall -radio/TV station •gift shop •telecommunication facility •hardware store heating&cooling sales/service 4 IG Jeffersonville Zoning Ordinance Page 6 of 6 PC-17-35 1408 Charlestown NA Pike Rezoning CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Y Les Merkley,Corporation Counsel/Director of Legal Affairs 812-285-6493 office 812-285-6403 fax to www.cityofjeff.net Jeffersonville City Hall RSaN 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 1408 CHARLESTOWN-NEW ALBANY PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM 12 to C2 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1.408 CIIARLESTOWN-NEW ALBANY PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM 12 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 1408 Charlestown-New Albany Pike and fully described in Exhibit Afrom 12-Industrial Park/Heavy Industrial to C2 Medium to Large Scale General 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. Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 471330 (812) 285-6423) STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Paul Lee, Lee America Corp. PC-17-35 TO REZONE A CERTAIN TRACT 1408 Charlestown New Albany Pike (10-21-02-000-216.000-009) FROM 12 (Industrial)to C2 (Commercial) CERTIFICATION O FAVORABLMNFAVORABLE/NO RECOMMENDATION OF OSED ORDINANCE Whereas, Paul Lee, Lee America Corp. filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from 12 to C2 ; 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 12 to C2 as requested in the petition of Paul Lee Lee America Corp. PC-17-35 So certified this 2Zth day of June , 2017 bill& i Chairman NEW BUSINESS: PUBLIC HEARING 2017-0R,:Z(/ An Ordinance Changing the Zoning Map Designation of a Certain Tract of Property Located 1408 Charlestown-New Albany Pike and Fully Described in Attached Exhibit A from 12 to C2