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Home My WebLink About2017-OR-35 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 AT 1410 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 1410 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 1410 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 10 day of July, 2017. Common Council of the City of Jeffersonville, Indiana VOTE F I VOTED AGAINST: Lisa Gill, President A E Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said C' of Jeffersonville this day of July, 2017. Vicki Conlin City, Cle k This Ordinance approved and signed by me this o _ y f J ly, 2017. Mike Moore, Mayor Prepared by: Les Merkley Corporate Counsel Exhibit A ` G`SY oN STAFF REPORT w) Department of Planning & Zoning — Plan Commission _Rs0 Case Number: PC-17-36 Petitioner: Paul Lee, Lee America Corp. Location: 1410 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 1410 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. Figure 1: Site Location Southeast Christian Church r ' Q t _ # 1 IL � � r �rF a t� � •s sem? Subject Property a - Page 1 of 6 PC-17-36 1410 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 # Legend Publivins6tutional Vacant/AgncuHural Recreation/Open Space light Industrial Single Family Residential Mul&FamityResidenbal - Mixed-Use - He-1 Industrial - Commercial Business ParkAndustrial City Limits 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-17-36 1410 Charlestown NA Pike Rezoning 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 and Southwest are zoned 12 (Industrial Park/Heavy Industrial). Properties to the North are zoned IS (Institutional). Properties to the South and 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-17-361410 Charlestown NA Pike Rezoning Figure 4: Zoning Map C2 ,.-r-- -- t i Ne "fl 1V i ,y rN ' Subject Property I2 Attached Plans & Documents: 1. 12 District Intent 2. C2 District Intent Page 4 of 6 PC-17-36 1410 Charlestown NA Pike Rezoning "12rr District 4.23 12"District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted tt ses $ ecial Exception I ses The 12"(Industrial Park/Heavy Agricultural UseslService Agricultural Uses/Service Industrial)District is intended to -farm equipment salesiservice *processing agriculture products provide a land use category for -storage of agncuRurai products Institutional/Public Facilities most moderate to high impact Institutional/Public Facilities police/bre station industrial park and heavy industrial -public park,'recreation center Business:Auto Sales/Services facilities.This district can be used adjacent to the"C2"and Business:Auto Sales/Services automobileltruck storage(outdoor) '•11"commercial districts,and -auto body repair shop •automobile sales(open air,limited agriculture districts where there •auto parts store mechanical services or body shop) are no negative effects on the -auto repair shop •automobile sales(open air,no services] environment. -auto sales(open air,with showroom,full Business:General Business service mechanical mth 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/distributtor. 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(1)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"it"District. -research center Buffer yards should be strictly Communication/Utility •radiorTV station upheld and outdoor storage is discouraged telephone exchange Miscellaneous accessory uses 4-24 Jeffersonville Zoning Ordinance Page 5 of 6 PC-17-36 1410 Charlestown NA Pike Rezoning "CT' District 4.15 "C2"District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted t se% -home eecmnicsappiancestore 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 entertainmenti 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 wrth or without body Permitted Uses to all other commercial districts and shop) -Plumping 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 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•'C t"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 •banklcredit 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 •dnve-thru bank/credit union •oil chane service(enclosed) minimize the cost of public utilities 9 and services. The Plan Commission -office complex -recreational vehicle sales(motor home and Board of Zoning Appeals medicai/dental clinic sales; should also strive to minimize Business:Personal Service Business:Food Sales/Service lighting,un-landscaped large •barber/beauty shop •eonvenience store(with gas pwncsi i 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 sateslservice •fitness center/gym funeral home or mortuary -health spa •helipad or heliport •tanning salon -light rail station Business:Recreation -sign painting/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 •barinight 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 I •flower shop Communication/Utilities •furniture store •public wells •enclosed shopping mall •radiotTV station gift shop •!elecommunication facility •hardware store heating&cocking sales/service 4-1-6 Jeffersonville Zoning Ordinance Page 6 of 6 PC-17-36 1410 Charlestown NA Pike Rezoning CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley,Corporation Counsel/Director of Legal Affairs Yi C7,�, 812-285-6443 office N 812-285-6403 fax I , L� www.cityotjeff.net .i +1� Jeffersonville City Hall —� � 500 Quiu-termaster 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 1410 CHARLESTOWN-NEW ALBANY PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM I2 to C2 NOTICE OF ILEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1410 CHARLESTOWN-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 1410 Charlestown-New Albany Pike and fully described in Exhibit A from I2-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, 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 STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Paul Lee, Lee America Coro PC-17-36 TO REZONE A CERTAIN TRACT 1410 Charlestown New Albany Pike (10-21-02-000-217.000-009) FROM 12 (Industrial)to C2 (Commercial) CERTIFICATION OF AVORABLE NFAVORABLE/NO RECOMMENDATION 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-17-36 So certified this 27th day of June , 2017 —0 Chairman NEW BUSINESS: PUBLIC HEARING 2017-OR An Ordinance Changing the Zoning Map Designation of a Certain Tract of Property Located 1410 Charlestown-New Albany Pike and Fully Described in Attached Exhibit A from 12 to C2