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HomeMy WebLinkAbout2017-OR-48 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2017-OR- Q AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 212 FAIRVIEW AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO N1 Whereas, Camphire Properties, LLC filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 212 Fairview Avenue and fully described in the attached Exhibit A from C2-Medium to Large Scale General Commercial to N1-Neighborhood Industrial and, Whereas, on July 25, 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 August 7, 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 212 Fairview Avenue and fully described in the attached Exhibit A is hereby changed from C2-Medium to Large Scale General Commercial to N1-Neighborhood Industrial. 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 August, 2017. aoi7 �oP- 4? Common Council of the City of Jeffersonville, Indiana VOTEDt k�� VOTED AGAINST: AL, V-� • Lis' Gill, President EST Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this day of August, 2017. z& 4,xk- Vicki Conlin City Clerk This Ordinance approved and signed by me this d ugust, 2017. _ Mik Moore, Mayo Prepared by: Les Merkley Corporate Counsel UNFINISHED BUSINESS: t 2017-OR- 1 An Ordinance changing the Zoning Map Designation Of A Certain Tract of Property Located at 212 Fairview Ave from C2-N1 (One Reading) Exhibit "A" STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Camphire, LLC. PC-17-48 TO REZONE A CERTAIN TRACT 212 Fairview Ave. FROM C2 to NI CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Carnphire LLC filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from C2 to NI ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on July 25 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 Julv 25, 2017 the Jeffersonville Plan Commission Favorably Recommends that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from C2 to NI as requested in the petition of Camphire, LLC, PC-17-48 So certified this 25th day of July 2017 buzLI 0 Chairman *,Osool �Yp STAFF REPORT bm WN Department of Planning & Zoning — Plan Commission `4 Case Number: PC-17-48 Petitioner: Camphire Properties, LLC Location: 212 Fairview Ave. Request: Rezoning Proposed Use: Industrial Zoning: C2 (Medium to Large Scale General Commercial) to NI (Neighborhood Industrial) Council District: 2-Ed Zastawny Date: July 25, 2017 Rezoning Request The applicant filed a rezoning application for approximately .22 acres of property located at 212 Fairview Ave. The current zoning is C2 (Medium to Large Scale General Commercial), and the proposed zoning is NI (Neighborhood Industrial). The applicants own contiguous real estate in the area, operating Munich Welding at that location. The parcel to be rezoned is for expansion of the existing business (as parking or an extension of the building.) Figure 1: Site Location Subject Property r R t9 t + 9De r r T r - ,... Q Zeta 9Ge Page 1 of 6 PC-17-48 212 Fairview Rezoning C a: 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 �' 1111111► Legend Publitllnstilubonal - Vacant/Agncul ural Recreation/Open Space Light Industnal Single Family Residential Mulb-Famiy Residential - Mixed-Use • Heavy Industrial - Commerclel - Business Park/Industnal City Limits Roads Figure 2: Future Land Use Plan Page 2 of 6 PC-17-48 212 Fairview Rezoning Commercial This category includes small to medium commercial development intended to serve both the surrounding neighborhoods and region. Businesses may include downtown or suburban locations. This land use is usually located in concentrations. These areas of concentrations are along the 10th Street corridor, Spring Street corridor, and downtown Jeffersonville. In previous years the redevelopment of downtown has brought many new local businesses. Due to new attractions and improvements there has been accelerated growth and business in downtown making it a strong commercial focal point for the community. Legend Primary Gateways Suburban Neighborhood Traditional Neighborhood/Workplace Suburban Workplace uburban Marketplace `Traditional Marketplace Regional Marketplace Center ntown Historic District Figure 3: Planning Districts Map Traditional Neighborhood[Workplace This form is characterized by predominately residential uses, by a grid pattern of streets with sidewalks and often including an alley. Residential lots are predominately narrow and often deep, but the neighborhood may contain sections of larger estate lots, and also sections of lots on which appropriately integrated higher density residential uses may be located. The higher density uses are encouraged to be located in centers or near parks and open spaces having sufficient carrying capacity. Page 3 of 6 PC-17-48 212 Fairview Rezoning Zoning Properties to the East and South are zoned R3 (Old City Residential). To the West property is zoned NI (Neighborhood Industrial). The property to the North is zoned C2 (Medium to Large Scale General Commercial). The Munich Welding Company is zoned NI, and its large campus is immediately adjacent to the property. Fl ure 4: Zoning Ma C2 NI .; 1 R3 >�n ill Subject Property C2 R3 Attached Plans & Documents: 1. C2 District Intent 2. NI District Intent Page 4 of 6 PC-17-48 212 Fairview Rezoning "C2" District 4.15 '•C2'•District Intent,Permitted Uses,and Special Exception Uses District Intent pea-milted t ses home electron cs app iance 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 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 •corvenience store(with gas pumps) Miscellaneous and any residential district. •drive-in restaurant •accessory uses groceryisupermarket 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 E ses commerce. plant nursery Business:Auto Sales/Services -wholesale business -auto sales(open air,limited mechanica'; 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 •drive-thru banklcredit union -oil change service(enclosed) minimize the cost of public utilities 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 •barberibeauty 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 rad 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 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 •radiof7V station -gift shop -telecommunication facility •hardware store -heating&cooling sales/service 4-16 Jeffersonville Zoning Ordinance Page 5 of 6 PC-17-48 212 Fairview Rezoning "NI" District 4,19 "NI"District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"NI"(Neighborhood Industrial) Institutional/Public Facilities Institutional/Public Facilities District is intended to provide a •public park/recreation center -police/fire station land use category for existing Business:Auto Sales/Services Business:General Business industrial uses in older areas of •auto body repair shop •storage(indoor or outdoor with Jeffersonville.The provisions -auto parts store screening) that regulate this land use district -auto repair shop Communication/Utilities should mitigate industrial impacts electrical generator on surrounding neighborhoods and •auto service(tire or muffler shop) • 9 the environment,yet provide some Business:General Business •pipeline pumping station growth potential for the industries. •mini-storage facility(mini warehouse; -public wells •trade shops •sewage treatment plants Jeffersonville's Plan Commission -warehouse -storage tanks nonhazardous and Board of Zoning Appeals -welding -telecommunication facility should only use this district for Industrial Uses: •utility substation existing industrial uses and their •bottled gas storage/distribution expansion. •distribution center The Plan Commission and Board •flex-space of Zoning Appeals should be •heavy manufacturing very careful in allowing this (within enclosed buildings) district. Environmental concerns, •light manufacturing public safety,public welfare, •office complex and protection from all forms of •research center pollution should be the highest Communication/Utility priority. •radiolTV station The Plan Commission and Board of -telephone exchange Zoning Appeals should also strive Miscellaneous to minimize lighting,parking lots •accessory uses fronting major streets,excessive use of signs,and traffic conflicts in the"NI"District. Buffering should be strictly upheld and outdoor storage discouraged. ----- 4.20 Jeffersonville Zoning Ordinance Page 6 of 6 PC-17-48 212 Fairview Rezoning CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley,Corporation Counsel/Director of Legal Affairs OTYp� y — 0 812-285-6493 office * * N 812-285-6403 fax � Ld www.cityofjeff.net 80N�`v Jeffersonville City Hall 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 212 FAIRVIEW AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO N 1 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 212 FAIRVIEW AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO N1 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 212 Fairview Avenue and fully described in Exhibit A from C2-Medium to Large Scale General Commercial to Nl- Neighborhood Industrial. A public hearing will be held on August 7, 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