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Home My WebLink About2019-OR-4 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2019-OR- 4 AN ORDINANCE AMENDING THE CITY OF JEFFERSONVILLE ZONING ORDINANCE (2000-OR-61) TO AMEND THE PERMITTED USES IN IS (INSTITUTIONAL USES) AND C2 (MEDIUM TO LARGE SCALE GENERAL COMMERCIAL) TO ALLOW CHILD CARE CENTERS (DAY CARE) AS RECOMMENDED BY THE PLAN COMMISSION Whereas,Jeffersonville Department of Planning and Zoning filed a petition before the Jeffersonville Plan Commission to amend the City of Jeffersonville Zoning Ordinance (2000- OR-61) as recommended in the staff report (a copy of which is attached as Exhibit "A"); and, Whereas, on January 29, 2019 the Jeffersonville Plan Commission certified its favorable recommendation of the enactment of this proposed amendment to the Zoning Ordinance (2000- OR-61) 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 changes to the Zoning Ordinance pursuant to the provisions of I.C. 36-7-4-608(0(1); and, Whereas,this Common Council has timely posted notice of its intent to consider the proposed change of comprehensive plan at the regular meeting scheduled for February 19, 2019; 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 City of Jeffersonville Zoning Ordinance (2000-OR-61) is hereby amended to update the Permitted Uses as follows: 1. To amend the permitted uses in IS (Institutional Uses) and C2 (Medium to Large Scale General Commercial) to allow child care centers (day care). As recommended in the staff report (a copy of which is attached as Exhibit"A"). IT IS FURTHER ORDAINED that the City of Jeffersonville Zoning Ordinance (2000- OR-61) shall be amended to include such changes. This ordinance shall be in full force and effect upon its adoption. SO ORDAINED this 19th day of February, 2019. Common Council of the City of Jeffersonville, Indiana VO D FOR: VOTED AGAINST: —� f 00104fil A .♦ Mai , • .• , - •; 7t A ST: [2 s-ul 19'es,cOen7' ' o 6C/SA-- Ay' Vicki Conlin City Clerk a0 Presented to me as Clerk to the Mayor of said City of Jeffersonville this 1-9th day of February, 2019. / Vicki Conlin City Clerk This Ordinance approved and signed by me this 19th day of F • y, 2019. Mike oore, Mayor Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN THE APPLICATION OF Jeffersonville Department of Planning & Zoning TO AMEND THE JEFFERSONVILLE ZONING ORDINANCE CERTIFICATION OF FAVORABLE RECOMMENDATION OF PROPOSED ORDINANCE REVISION Whereas, the Jeffersonville Department of Planning & Zoning filed a petition before the Jeffersonville Plan Commission to amend the City of Jeffersonville Zoning Ordinance (2000-OR-61), approving updates to the IS (Institutional) & C2 (Medium to Large Scale Commercial) Permitted and Special Exception Uses as recommended in the staff report (a copy of which is attached as Exhibit "A"); and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on Jan, 29, 2019; and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to favorably recommend the proposed amendment to the Jeffersonville Common Council, IT IS THEREFORE CERTIFIED that on Jan. 29, 2019, the Jeffersonville Plan Commission favorably recommends that the Jeffersonville Common Council enact by ordinance the proposed Jeffersonville Zoning Ordinance amendment as requested in the petition of Jeffersonville Department of Planning & Zoning. So certified this 29th day of January, 2019. it,,,Ze i „- ----... tom..,.-.------- Chairman CITY OF JEFFERSONVILLE 812-285-6400 op'A'\ Jeffersonville City Hall (6:TY w'�tii�p \N 500 Quartermaster Court .. _ W Jeffersonville,Indiana 47130 41'1 BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA IN THE MATTER OF THE ORDINANCE AMENDING THE CITY OF JEFFERSONVILLE ZONING ORDINANCE (2000-OR-61) TO AMEND THE PERMITTED USES IN IS (INSTITUTIONAL USES) AND C2 (MEDIUM TO LARGE SCALE GENERAL COMMERCIAL) TO ALLOW CHILD CARE CENTERS (DAY CARE)AS RECOMMENDED BY THE PLAN COMMISSION IN THE STAFF REPORT NOTICE OF HEARING ON ORDINANCE AMENDING THE CITY OF JEFFERSONVILLE ZONING ORDINANCE (2000-OR-61) AS RECOMMENDED BY PLAN COMMISSION Notice is hereby given that the Jeffersonville Plan Commission has filed an Ordinance with the Jeffersonville City Council, Jeffersonville, Indiana asking for an Amendment of the City of Jeffersonville Zoning Ordinance (2000-OR-61) as recommended by the Plan Commission in the staff report. A public hearing will be held on February 19, 2019 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 An equal opportunity employer. Exhibit "A" PreFFn �` - STAFF REPORT WrQp7.S'J.�� Department of Planning & Zoning — Plan Commission saycY Case Number: ZO-19-02 (Childcare Center Update) Petitioner: City of Jeffersonville, Planning &Zoning Department Requests: Zoning Ordinance Amendment Hearing Date: January 29, 2018 Proposed Changes to the Jeffersonville Zoning Ordinance The Planning & Zoning Department has recommended the following amendment to the City of Jeffersonville Zoning Ordinance. The update includes: 1. To amend the permitted uses in IS (Institutional Uses) and C2 (Medium to Large Scale General Commercial) to allow child care centers (day care). Child Care Center Update The update will amend Article 4.10 and Article 4.15. The changes would allow child care centers (day care) in IS (Institutional Uses) and C2 (Medium to Large Scale General Commercial) zones as a use permitted by right. Through Certificates of Zoning Compliance, Planning Staff has discovered there are several existing child care centers in these zones and believes they were not included in the permitted uses as an oversight. The full list of permitted uses, including child care center(day care), can be found in Exhibit A& Exhibit B. ZO-19-02 Exhibit "A" "IS" District 4.1 "IS"District Intent,Permitted Uses,and Special Exception Uses • District intent Permitted Uses Special Exception Uses The"IS"(Institutional Uses)District InstltutlonaUPubttc Facilities Residential is Intended to provide a land use •community center -child care Institution(children's home) category for institutionally owned •church,temple or mosque •nursing home lands,including state,county, •government building •residential facility for the and city facilities. The IS district •government office developmentally disabled(large) is also Intended for social service •library •residential facilityfor the mentallydt oriented uses;and similar nonprofit quasi-public institutions where •museum Institutional/Public Facilities the use is for public purpose •police/fire station •cemetery or crematorium I and Is anticipated to remain so •post office •drug/aicohol rehabilitation'clinic permanently. •public/private parking area •hospital •school •public park/recreation center The Plan Commission and Board of •trade or business school •recycling collection point • Zoning Appeals should encourage Business: General Business Business: General Business Institutional structures and uses •funeral home or mortuary -airport to set a standard for development •helipad or heliport throughout the planning Business:Personal Service •light rail station jurisdiction. child care center(day Y care) -motor-bus station •railroad station Communication/Utilities -public well -sewage treatment plant -telecommunication facility' -telephone exchange •utility substation • 4-2 Jeffersonville Zoning Ordinance 2 Exhibit "B" "C2" District 4.15 C2 District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Permitted Uses The°C2°(Medium to Large Scale Business:Food Sales/SeMce •music store General Commercial)District •corrvlenence Store(with gas pumps) •news dealer/bookstore(not adult Is intended to provide a land •drive-In restaurant cntcrtaln t) use category for most large •grocery/supermarket •office supplies scale general business uses. restaurant •paint store The provisions that regulate Badness:General easiness •plumming supplies this land use district should not •hctel •sporting goods store overly restrict normal business •motel •variety store practices.This district can •plant nursery IasiftQUooal/Pafaitc Facilites be used adjacent to all other •wholesale business •hospital Business:Office/Professional commercial districts and the .ban{(/aredlt union Miscellaneous R3,Mi,M2 and M3 residential •bank machino/ATM •accessory uses districts.However,buffering •drive-through bank machine/ATM should be provided between •drive-through bank/crodlt union this district and any residential •office complex Special Exemption Uses district •medical/dental clinic Business Rata Sales/SeMoes Jeffersonville's Plan Commission Beslaesa:Personal Soft so •auto body repair and Board of Zoning Appeals •barber/beautyShop •auto mech.or body repair,major should strive to use this district •child care(day caro) •auto sales(open air,limited services) with the Cl District to encourage •drhrathru dry-cleaning service •auto sales(open air,no services) a strong and stable area for •dry cleaning service •auto rental commerce. •fingernail salon •auto service(Ere or muffler shop) •fitness oenter/gym •oil change service The Plan Commission and Board •health spa •tilling/gas station of Zoning Appeals should not •tanning salon •motor-bus station j encourage"strip development' Business:Recreation Business:Food Sales/Barite rather development In clusters •banquet hall •convienience store web gas pumps) that share resources and •bowling alley Business:General Beatles. minimize the cost of public •theater,Indoor(not adult entertain) •airport utilities and services.The Plan •video store(not adult entcrtaln't) •boat sales/service Commission and Board of Zoning Baldness:Retell •funeral home or mortuary Appeals should also strive to •antique shop •hellped or heliport minimize lighting,un-landscaped •apparel shop •sign painting/fabrication large parking lots,parking lots •department store •mint storage facility railroad station fronting major streets,and traffic •drug store •Business:Recreation conflicts In the C2 District. •electrical supplies •enclosed shopping mall •halt fields •fabric shop •bar/night club(not adult entertain't) Permitted Uses •flower shop -theater,outdoor(not adult entertain't) •furniture store 9aa[sess:Retail Basiaess Allo Sales/Seita• .gift shop •lumberyard •auto parts sales •hardware store •satellite dish sales/service •auto mechanical repair •kennel(commercial) 1 •auto sales(open air,w/ahrnnoom, •heatingdr cooling sales/service Communications/Utilities•home electronics/appliance store 1 'u0 service) •public wells •auto accessory Installation •jewelry store •radio/TV station •auto wash •liquor sales •telecommunication facility 4-10 Jeffersonville Zoning Ordinance Page 3 of 3 ZO-19-02 Childcare Center Update