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Home My WebLink About2018-OR-46 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ' / ORDINANCE 2018-OR- L ZP AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 3604-3818 E 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO C2-PD Whereas, KDC Development, LLC filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 3604-3818 E 10th Street and fully described in the attached Exhibit A from C2-Medium to Large Scale Commercial to C2-PD- Commercial Planned Development and, Whereas, on July 31, 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 August 6, 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 3604-3818 E 10th Street and fully described in the attached Exhibit A is hereby changed from C2-Medium to Large Scale Commercial to C2-PD- Commercial Planned Development. 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 cr day of August, 2018. Common Council of the City of Jeffersonville, Indiana VOT D Fe R: VOTED AGAINST: trir 110reF Lisa Gill, President aT:d/4L Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this K day of August, 2018. 7/;(1, Vicki Con • City Cler This Ordinance approved and signed by me this d,! • A gust, 2018. II I`Jsr Mik• Moore, Mayo Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF KDC Development LLC TO REZONE A CERTAIN TRACT 3604-3818 E 10th St FROM C2 (Medium to Large Scale Commerical) to C2-PD(Commercial Planned Development) CERTIFICATION F FAVORABLE UNFAVORABLE/NO RECOMMENDATION OSED ORDINANCE Whereas, KDC Development 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 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on July 31, 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 July 31, 2018 the Jeffersonville Plan Commission Favorably Recommends that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from C2 as requested in the petition of KDC Development LLC. So certified this 31 day of July , 20 18 . Nekiw Chairman CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley,Corporation Counsel/Director of Legal Affairs 00'g G'c` 's m 812-285-6493 office 4, �� ° 812-285-6403 fax Mwww.cityofjeff.net AFRsott-1 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 TRACTS OF PROPERTY LOCATED AT 3604-3818 E 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 to C2-PD NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACTS OF PROPERTY LOCATED AT 3604- 3818 E 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2-MEDIUM TO LARGE SCALE COMMERCIAL TO C2-PD- COMMERCIAL PLANNED DEVELOPMENT 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 3604-3818 E 10th Street and fully described in Exhibit A from C2-Medium to Large Scale Commercial to C2-PD- Commercial Planned Development. A public hearing will be held on August 6, 2018 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 G Y- STAFF REPORT Department of Planning & Zoning — Plan Commission . y ' Case Number: PC-18-36 Petitioner: KDC Development, LLC Location: 3604-3818 E 10th St Request: Rezoning Proposed Use: Commercial Zoning: C2 (Medium to Large Scale General Commercial) to PD-C2 (Commercial-Planned Development) Council District: 4-Scottie Maples Date: June 26, 2018 Rezoning Request The applicant filed a rezoning application for multiple parcels encompassing approximately 46.8 acres of property located off of East 10th Street. These properties will become part of the Jefferson Ridge Planned Development. The current zoning is C2 (Medium to Large Scale General Commercial), and the proposed zoning is C2-PD (Commercial — Planned Development). Figure shows the location of the subject properties. ".;. Jeffersonville Commons { `f ` •a I.IIingsworth Commons ' •, t a It ._ ai?, a i . •• Subject Properties r , i i li & 7? iii‘ .e ,.e. ._.. Figure 1: Site Location Page 1 of 9 PC-18-36 Jefferson Ridge PD 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 Yi Legend \\IS ' P,tN;JhALAoval Rr_roabon/Open Space Lyht Indusiral Heavy tdustral MIBusiness Panv4tdustnat Sime Fame Residential Muth-Flinty Revile Iasi M Ked-Rowdeneal - Mued•tlse Com/Res Commensal s l City Lints Road Figure 2: Future Land Use Plan Mixed-Use Commercial/Residential 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 9 PC-18-36 Jefferson Ridge PD Rezoning Legend Primary Gatewa1 Suburban Neighbo Traditional Neighborhood/Workplace Suburban Workplace AA '4171:ce Regional Marketplace Center Downtown Historic District Figure 3: Planning Districts Map Regional Marketplace Center These are centralized mixed-use shopping districts/activity centers designed to meet regional consumer needs. They typically contain a mixture of high intensity uses including regional shopping, office, services, entertainment facilities and medium to highly dense residential uses. Such Regional Marketplace Centers may include a variety of stores under one roof, or may consist of freestanding structures. Zoning Properties to the West are zoned PD (Planned Development). Properties to the South are zoned C2 (Medium to Large Scale General Commercial).To the North and Northeast, properties are zoned C2 (Medium to Large Scale General Commercial), Cl (Small to Medium Scale General Commercial), IS (Institutional), M3 (High Density Multi-Family), and R1 (Low Density Residential). Properties to the East are zoned PD (Planned Development) and properties to the Southeast are zoned R2 (Medium Density Residential) and PR (Parks and Recreation). Figure 4 illustrates the zoning of the subject property and vicinity. Page 3 of 9 PC-18-36 Jefferson Ridge PD Rezoning 8 '''''.1*: d;. IS C2 4" ' 71',0,„ ) i z C 1 \ ' /� 4Fw}s/R� M3 \� ' ,�� \ SIG 2 / 0 v = PD p U/ ' � g �pt� �� ,..z.-'------) ! ' ,� C2 �\pa / Gz A, / x wO9.Tf Q , r ; � 1 k /" _ qty'''' ` •" UU _ / 'G l R2 M3 Subject Properties - C2 vaa PR i (.- t� , _ r Figure 4: Zoning Map Attached Plans & Documents: 1. C2 District Intent 2. Pages from Planned Development Booklet Page 4 of 9 PC-18-36 Jefferson Ridge PD 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 •office supplies use district should not overly •auto repair shop 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 Business:General Business should strive to use this district •hotel with the"Cl"District to encourage 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 •dnve-thru bank machine/ATM •auto wash(automatic and self) which share resources and •dnve-thru bank/credit 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 •barber/beauty shop •convenience store(with gas pumps! parking lots,parking lots fronting •dnve-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 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 •electrical supplies •lumber yard •fabnc shop •satellite dish sales/service •floor coverings •kennel(commerce') •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-tri Jeffersonville Zoning Ordinance Page 5 of 9 PC-18-36 Jefferson Ridge PD Rezoning C W N 3 O r0' ,=.1. E N O m C 0 g 3 :11:7 a E mo22--, i E Y2 n > St ..�icE'8 mc tZNENa m11 .5 0 v c m= ,=q � $x- E3 S ~m ` vE'cm t4...74 o " E2mm lac 2¢mgic �nS1 mmen- Fncov mnJ OmRE 32 m22ud -r-z m CVO m O ,7,. g- 1,'- % ,% ,00 £V1 oE ',;'-d, 5L E 3 52 `vd BE ' g$Eco. !III , mEoon ` o cSm Wmmu?'^ gig'-' mEE vd£ NCvLE E c ilE EN - ,-, ommRoa- m 17;mm m 1' A ma Q mm -=' .% c ¢ii mnmm i.t i c . m5imc; Og drT , q `Wma E1 - P-.E.1 28vfYhub mE m vm Ev0 L3 =" m2 c m 3A mm- m71.. .1,N,, 13 o2 SN = Q v NLN ,R(-.) ,TA 3N 4m 7. 3/L E�.Tv ¢ t, o 00 5 o o m a w-aoi-m g -27 ,3; g m E Y § '.i .1-?-%! 2 - m o d g t a`� o2 v E 4 c k c 1 2 c E 5 ' c c o.s j w 5-o G; 3,11gz 3 v F- d o.r E2E E S nom.o - - ff.-.7t'- 8.80 a _ - d bup fhb 0 O, . $b N 7 Planning Areas Page 6 of 9 PC-18-36 Jefferson Ridge PD Rezoning W , j ({ { 1, ci o 1 g z w j LL 1 w �� i J I; { F, fj a 1 S, N ,_, _,, g8-a g. 2 g y..,2 4 -o2If- 4, z5 . - Eo EiAm8m - v'$41 $ ax c aCmmEm=d ®mm P. r wE$ma=m. 2. _$ 9 C G W = Cx Q t $ COQ . W W L 6g 10 l 6 C m io 5 3 m 3 dg t u 3 ,N m m 5 cI a LOO! o.m = V Q C N Q tit-- �2, m.�m to m E gemE -. Concept Master Plan Page 7 of 9 PC-18-36 Jefferson Ridge PD Rezoning PERMITTED LAND USES Jefferson Ridge has the potential to support a variety of uses that will benefit the City of Jeffersonville. Uses allowed in the M3,NC,OC,Cl and C2 districts(as delineated in the Zoning Ordinance) are permitted. Special Exception Uses are permitted if found appropriate by the Board of Zoning Adjustment(BZA)in accordance with standard procedures. If a use is listed as a Special Exception in one category but is Permitted in an other, it will be deemed a permitted use for this development. The table below shall override the Zoning Ordinance for uses that are specifically listed. Uses not specifically listed but substantially similar in nature to permitted uses are not prohibited,but should be reviewed by Planning and Zoning staff on a case-by-case basis. KEY: P=Permitted Use S=Special Exception Use PLANNING PLANNING PLANNING X=Prohibited Use ARFA1 AREA2 AREA3 M3 Permitted Uses P P X NC Permitted Uses P P X OC Permitted Uses P P X Cl Permitted Uses P P X C2 Permitted Uses P P X Adult Entertainment Uses X X X Detention/Utilities/Trails P P P Drug&Alcohol Rehab _ X X X Outdoor Sales&Storage X S X Permitted Use Page 8 of 9 PC-18-36 Jefferson Ridge PD Rezoning