Loading...
HomeMy WebLinkAbout2018-OR-34 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2018-OR- . AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 5314 Highway 62 AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1 TO C2 Whereas, City of Jeffersonville filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 5314 Highway 62 and fully described in the attached Exhibit A from R1-Low Density Residential to C2-Medium to Large Scale General Commercial and, Whereas, on May 29, 2018 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 June 4, 2018; 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 5314 Highway 62 and fully described in the attached Exhibit A is hereby changed from R1-Low Density 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 day of June 4, 2018. Common Council of the City of Jeffersonville, Indiana VOTED FO : VOTED AGAINST: LA iiliii IP Ar mitillior / .11M,A1 /_, ' 4 y 'Lk T-0.),A -),ti/ Lis Gill, President rz / Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this 4th .57-1-`" day of June, 2018. LdeP4/:- A 1 13 Vicki Conlin City Clerk e This Ordinance approved and signed by me this LQ day li ; , 2018. I • Mike More, Mayo Prepared by: Les Merkley Corporate Counsel Exhibit "A" ,TYo ` STAFF REPORT izike,1,-v-4• 110QB J Department of Planning & Zoning — Plan Commission \F�oc0w Case Number: PC-18-28 Petitioner: City of Jffersonville Location: 5314 Highway 62 Request: Rezoning Proposed Use: Commercial Zoning: R1 (Low Density Residential) to C2 (Medium to Large Scale General Commercial) Council District: 6-Scott Hawkins Date: May 29, 2018 Rezoning Request The City of Jeffersonville on behalf of Vickie Tieri and Mary Richardson filed a rezoning application for approximately 19 acres of property located at 5314 Highway 62. The current zoning is R1 (Low Density Residential), and the proposed zoning is C2 (Medium to Large Scale General Commercial). The rezoning is intended to correct an error when the area was annexed as a part of Jeffersonville from Clark County. Figure 1 shows the location of the subject property. R4‘ ii. 1 s .. / r 4 ' 'i l Q , , Subject ♦a► ' � °° Property 4-.. 1 i 7., 'I t: .• .�\ - , 4$ „._ p.lips - .,_,.,, „, i , , , , `a 411 / '. , ' 0*, , ' ,114-P:40. ' ' 411 p A,. ° K jIv #` titt. ,' 4 NE o ,.y Figure 1: Site Location Page 1 of 6 PC-18-28 5314 Highway 62 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 -""IIIIIIIIIIIIIIII Legend Pu6fiUlnstitutional ' IIIVecantAgnculMral + 7 Recreation/Open Space Light Industrial Single Family Residential Mule-Family Residential - MixedUse 1 . Heavy Industrial ittio MI / - Business Park/Industrial- City LImds 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-18-28 5314 Highway 62 Rezoning Legend t - Primary Gateways Suburban Neighborhood 1110 4.. Traditional Neighborhood/Workplace Suburban Workplace =Suburban Marketplace Traditional Marketplace .g Regional Marketplace Center .wn Historic District Figure 3: Planning Districts Map Suburban Marketplace Suburban Marketplace Corridors are generally located along major roadways with well-defined beginning and ending points and established depths along the length of the corridor. The pattern of development is distinguished by a mixture of medium to high intensity uses and often contain larger-scaled uses within a master planned development. Accommodations for transit users, bicyclists and pedestrians are encouraged in an effort to attract a variety of users as well as to minimize automobile dependency and traffic congestion. Connectivity to nearby uses should also be encouraged. Zoning Properties to the East and South are zoned R1 (Low Density Residential). To the North, there are small parcels zoned Cl (Small to Medium Scale General Commercial). Several properties the Northwest, Southwest, and across Highway 62 are zoned C2 (Medium to Large Scale General Commercial). There are a few adjacent parcels to the Southwest zoned M2 (Medium Density Multifamily). Within the vicinity, there are also parcels zoned IS (Institutional Uses) Figure 4 displays the zoning classifications of the area. Page 3 of 6 PC-18-28 5314 Highway 62 Rezoning r! . .. ,... , .. ,4:, . 4„,,-\\ Q Jx} R, Subject ,4 ,,, .:e , .t a Property ', Rl - \ ,io ' "� rte. K 1 } f ' M2 K1 Figure 4: Zoning Map Attached Plans & Documents: 1. R1 District Intent 2. C2 District Intent Page 4 of 6 PC-18-28 5314 Highway 62 Rezoning "R1" District 3.3 "R1"District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted I.ses Special Exception Uses The"Rt"(Low Density Residential) Residential Residential District is intended to provide a •child care home(owner-occupied) •residential facility for developmentally land use category for medium lots •dwelling,single family disabled(over 4 bedrooms) and medium-sized single family •residential facility for developmentally Business:Recreation detached homes. The provisions disabled(4 bedrooms or less) •golf course that regulate this land use district •residential facility for mentally ill Institutional/Public Facilities should protect,promote and maintain areas in Jeffersonville for (4 bedrooms or less) •public park/recreational center existing and future housing growth. Miscellaneous •church,temple,or mosque •accessory uses Communication/Utility Jeffersonville's Plan Commission -home occupation#1 •public well and Board of Zoning Appeals •telecommunication facility should strive to protect this district Miscellaneous from conflicting land uses,and •artificial lake or pond over one(1)-acre non-family oriented businesses, in size •home occupation#2 The Plan Commission and Board of Zoning Appeals should strive to promote an average net density of 3 to 4 dwelling units per acre community-wide in the'•R1"district. 3-4 Jeffersonville Zoning Ordinance Page 5 of 5 PC-18-28 5314 Highway 62 Rezoning "C2" District 4.15 "C2"District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses •home electronics/appliance store 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,""Ml"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"Cl"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 •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 which share resources and self) minimize the cost of public utilities •drive-thru bank/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 Sales/Service 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 the"C2"District. 'dry cleaning service •airport •fingernail salon •boat sales/service '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 •bar/night club •antique shop (not adult entertainment) •apparel shop •theater,outdoor •department store (not adult entertainment) •drug store Business:Retail •electncal supplies •lumber yard •fabric shop 'satellite dish safes/service •floor coverings •kennel(commercial) •flower shop Communication/Utilities •furniture store •public wells •enclosed shopping mall •radio/N station 'gift shop •telecommunication facility •hardware store •heating&cooling sales/service 4-I6 Jeffersonville Zoning Ordinance Page 6 of 6 PC-18-28 5314 Highway 62 Rezoning STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF City of Jeffersonville PC-18-28 TO REZONE A CERTAIN TRACT 5314 Highway 62 FROM R1 to C2 CERTIFICATION 0 AVORABL /UNFAVORABLE/NO RECOMMENDATION OPOSED ORDINANCE Whereas, City of Jeffersonville filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from R1 to C2 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on May 29, 2018 ; 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 May 29, 2018 , the Jeffersonville Plan Commission Favorably Recommends that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from R1 to C2 as requested in the petition of City of Jeffersonville So certified this 29 day of May , 2018 . 41.:Zwit4•M c(tilek-L-1( – Chairman CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley,Corporation Counsel/Director of Legal Affairs GST Y OAS. uu „.�,.., .% 812-285-6493 office /� N 812-285-6403 fax t- W www.cityofjeff.net L. ,-- % 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 5314 HIGHWAY 62 AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1 TO C2 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 5314 HIGHWAY 62 AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1 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 5314 Highway 62 and fully described in Exhibit A from R1-Low Density Residential to C2-Medium to Large Scale General Commercial. A public hearing will be held on June 4, 2018 at 7:00 p.m. in the City Council Chambers, 15t 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. 914e.A,A,ec Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423