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HomeMy WebLinkAbout2019-OR-39 241 EASTERN BLVD STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2019-OR- s' 9 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 241 EASTERN BLVD (PARCEL#10-19-00-800-030.000-010) AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO NC Whereas, Ballew Gift Trust, filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 241 Eastern Blvd (Parcel #10- 19-00-800-030.000-010) and fully described in the attached Exhibit A from C2-Medium to Large Scale General Commercial to NC-Neighborhood Commercial and, Whereas, on July 23, 2019 the Jeffersonville Plan Commission has certified its unfavorable 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 5, 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 zoning designation of the real property located at 241 Eastern Blvd (Parcel #10-19-00-800-030.000-010) and fully described in the attached Exhibit A is hereby changed from C2-Medium to Large Scale General Commercial to NC- Neighborhood 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 5th day of August, 2019. ao 19-oR. -37 Common Council of the City of Jeffersonville, Indiana VOTED FOR: V•T.D GAI -T: 11irA 110 -;:imovesIAIWIF .. ,,�� AL1 !r' c7'-A '11:44/ '4- _ Ed Zastawn , resident Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said Cit of Jeffersonville thi day of August, 2019. Vicki Conlin City Clerk This Ordinance approved and signed by me this 5th day of August, 2019. Mike Moore, Mayor Prepared by: Les Merkley Corporate Counsel • n n n n n n n n o n O 00000000 ccaccccac 7 O A. A. A. A� A� A� A� A. A� fD Z CDD CD CDD CDD C < (D CD (D O n LA N UI N A N N LN N C r Z m D 0 2 r7D g y r a D v+ cn g A n: - = m ma, n m Z x m C m N m D �* r Z to CO Z N -0 < r - 0r f < m N Vf O rD z 3 D 0o Z 0- < 9 < o tiD -O O m O F TO O w xi c `D D o � o O O a O 5• O w O = O A CD O r+ CD O c m xxxxxxxxx y °'q z a) D rD UI 00 DJ o' 3 STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF TO REZONE A CERTAIN TRACT 241 Eastern Blvd (Parcel #10-19-00-800-030.000-010) FROM C2(Medium to Large Scale General Commerical)to NC(Neighborhood Commercial) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Ballew Gift Trust 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 NC ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on July 23, 2019 ; 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 th@r=- Jt 23, 2019 , the Jeffersonville Plan Commission Favorably r Unfavorably Recommends,that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from C2 to NC as requested in the petition of Ballew Gift Trust So certified this 23 day of July , 20 19 . dP / -� Chairman ,1:76TY''` STAFF REPORT Department of Planning & Zoning — Plan Commission T �J/' .FRsok-% Case Number: PC-19-41 Petitioner: Ballew Gift Trust Location: 241 Eastern Blvd (Parcel #10-19-00-800-030.000-010) Request: Rezoning Proposed Use: Neighborhood Commercial Zoning: C2 (Medium to Large Scale General Commercial) to NC Neighborhood Commercial Council District: 1 - Dustin White Date: July 23, 2019 Rezoning Request The applicant filed a rezoning application for an approximately 3.36 acre property located at 241 Eastern Blvd. The current zoning is C2 (Medium to Large Scale General Commercial). Figure 1 shows the location of the subject property. Subject Property ,,e- ' 't i li i , a .r: , , i ; - 4••••'' {{F ( ,ti I i':, Figure 1: Site Location 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. Page 1 of 5 PC-19-41 241 Eastern Blvd Rezoning Comprehensive Plan and Planning Districts Legend Publiclnstitutional Recreation,Open Space Light Industrial Heavy Industrial CBusiness Park Industrial Single Family Residential 111\ Multi-Family Residential Mixed-Residential -Mixed-Use-Com/Res Commercial City Limits rx ,. a�.Y,F ; a'iu' i Road Figure 2: Future Land Use Plan 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. 1111, Legend °- Primary Gateways Suburban Neighborhood 14" Traditional Neighborhood/Workplace Suburban Workplace 111101A66. ; Suburban Marketplace Traditional Marketplace Regional Marketplace Center r Downtown Historic District Figure 3:Planning Districts Map Primary Gateways Primary gateway features can delineate and announce one's arrival into a city, neighborhood, or unique public space. These gateway features not only shape a visitor's first impression of the city, but can also reflect the unique features and character of Jeffersonville. Context sensitive enhancements and broad infill redevelopment Page 2 of 5 PC-19-41 241 Eastern Blvd Rezoning guidelines to gateway corridors and adjacent buildings should be identified and recommended. Traditional Workplace A Traditional Workplace is a form characterized by predominately small to medium scaled industrial and employment uses. The streets are typically narrow, in a grid pattern and often have alleys. Buildings have little or no setback from the street.Traditional workplaces are often closely integrated with residential areas and allow for a mixture of industrial, commercial and office uses. New housing opportunities should be allowed as well as civic and community uses. Traditional Neighborhoods 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. Current Zoning The subject property and all adjacent properties are zoned C2 (Medium to Large Scale General Commercial). To the West, across the railroad tracks, property is zoned NI (Neighborhood Industrial). Figure 2 illustrates the zoning within the area. • Subject Property C2 • .. ¢ ' JOfOlSOf1V 1II0i' r 's rte, I y( eiC2 r Figure 4: Zoning Map Attached Plans & Documents: 1. C2 District Intent 2. NC District Intent Page 3 of 5 PC-19-41 241 Eastern Blvd Rezoning "C2" District 4.15 C2 District Intent,Permitted Uses.and Special Exception Uses District Intent Permitted Uses Permitted Uses The"CT(Medium to Large Scale Business:Food Sales/Service entertain't) General Commercial)District is •convienence Store(with gas pumps) •office supplies intended to provide a land use •drive-in restaurant •paint store category for most large scale general •grocery/supermarket •plumming supplies business uses.The provisions that •restaurant •sporting goods store regulate this land use district should Business:General Business •variety store not overly restrict normal business •hotel institutional/Public Facilites practices.This district can be used •motel •hospital adjacent to all other commercial •plant nursery Miscellaneous districts and the R3,Mi,M2 and •wholesale business •accessory uses M3 residential districts.However, Business:Office/Professional buffering should be provided between •bank/credit union this district and any residential •bank machine/ATM district •drive-through bank machine/ATM Jeffersonville's Plan Commission and •drive-through bank/credit union Board of Zoning Appeals should strive •office complex Special Exception Uses to use this district with the C1 District •medical/dental clinic to encourage a strong and stable Business:Personal Service Business Auto Sales/Services area for commerce. •barber/beauty Shop 'auto body repair •child care(day care) •auto meth.or body repair,major The Plan Commission and Board •auto sales(open air,limited services) of Zoning Appeals should not •drive-thru dry-cleaningservice •auto sales(open air,no services) •dry cleaning service encourage'strip development" auto rental rather development in clusters that •fingernail salon •auto service(tire or muffler shop) share resources and minimize the •fitness center/gym •oil change service public utilities and services. •health spa cost of •tanning salon •filling/gas station The Plan Commission and Board of •motor-bus station Zoning Appeals should also strive Buslness:Recreatlon Business:Food Sales/Service to minimize lighting un-landscaped •banquet hall •convienience storew th large parking lots,parking lots •bowling alley ( gas pumps) fronting major streets,and traffic •theater,indoor(not adult entertain't) Business:General Business •videostore notadultentertain't •airport conflicts in the C2 District ( ) •boat sales/service Business:Retail •antique shop •funeral home or mortuary •apparel shop •helipad or heliport •department store •sign painting/fabrication •drugstore -railroad station •electrical supplies Business:Recreation •enclosed shopping mall •ball fields •fabric shop •bar/night club(not adult entertaint) •flower shop •theater,outdoor(not adult entertain't) •furniture store Business:Retail Permitted Uses •giftshop •lumberyard Business Auto Sales/Services •hardware store •satellite dish sales/service •auto parts sales •heating&cooling sales/service •kennel(commercial) •auto mechanical repair •home electronics/appliance store Communications/UtUUUes •auto sales(open air,w/showroom, •jewelry store •public wells `ull service) •liquor sales •radio/TV station •auto accessory installation •music store •telecommunication facility •auto wash •news dealer/bookstore(not adult 4-16 Jeffersonville Zoning Ordinance Page 4 of 5 PC-19-41 241 Eastern Blvd Rezoning "NC" District 4.5 NC District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Permitted Uses The'NC"(Neighborhood Commercial) Business:Personal Service Miscellaneous District is intended to provide •Barber/Beauty Shop/Nail salon •Accessory Uses a land use category for small- •Child Care(Day Care) •Home occupation#1. scale commercial uses that •Coin laundry •Home occupation#2 provide products and services to •Fitness Center/gym neighborhoods.The provisions that •Health Spa regulate this land use district should •Pet care/grooming-no outdoor promote appropriate commercial kennels uses that are clearly non-conflicting •Shoe Repair with ajacent neighborhoods in •Tailor/Pressing Shop Jeffersonville. Business:Office/Professional Jeffersonville's Plan Commission •Bank Machine/ATM should strive to use this district •Architecture/Planning/Design Firm exclusively for small,existing lots •Contractor office(no outside storage) along important road condors in older •Insurance Office Special Exception Uses portions of the City. •Investment Firm Residential The Plan Commission and Board •Medical/Dental/Therapy Clinic •Boarding House(Owner occupied) •Photography Studio Public Facilities of Zoning Appeals should strive to Institutional/Public exclude businesses from the"NC' •Professional Office •Community Center •Real Estate Office district that are not family oriented •Title Company •Government Office or that have an adverse effect on the •Library existing adjacent neighborhoods. •Travel Agency •Police/Fire Station Business:Recreation •Post Office •Dance/Aerobics/Gymnastics studio •Karate/Martial Arts •Public Park/Recreation Center •Video Store(not adult entertain't) Business:Office/Professional Business Retail •Drive Thru Bank/Credit Union •Antique Shop •Drive Thru Bank Machine/ATM •Apparel Shop Business:Personal Service Permitted Uses •Art Gallery •Dry Cleaning Service(Drop off) •Arts/Crafts Studio •Dry Cleaning Service(Drive Thru) Residential(upper floors or rear of .Boutique/Other small retail store Communications/Utilities building only) •Consignment Store •Telecommunications Facility •Dwelling,Single-family •Drug Store •Dwelling,Two-family •Fabric Shop Business:Food Sales/Service •Flower Shop •Bakery,retail •GiftShop •ConvienenceStore(nogas) •Jewelry Store •Coffee Shop •Music Store •Delicatessen •News Dealer/Bookstore(not adult •Grocery(small specialty) entertainment) •Ice Cream Shop •Thrift Store •Meat Market Institutional/Public Facilities •Restaurant •Church,Temple,or Mosque Business:General •Print shop/copy center •Bed and Breakfast 4-6 Jeffersonville Zoning Ordinance Page 5 of 5 PC-19-41 241 Eastern Blvd Rezoning CITY OF JEFERSONVILLE DEPARTMENT OF LAW ,, il,��� Les Merkley, Corporation Counsel/Director of Legal Affairs (:/ s'Qisl`'` c N 812-285-6493 office LI - , w 812-285-6403 fax ct\\A :/ www.cityofjeff.net FRSON4. Jeffersonville City Hall 500 Quartermaster Court,Suite 250 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 241 EASTERN BLVD (PARCEL#10-19-00-800-030.000-010) AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO NC NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 241 EASTERN BLVD (PARCEL #10-19-00-800-030.000-010) AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2-MEDIUM TO LARGE SCALE GENERAL COMMERCIAL TO NC-NEIGHBORHOOD COMMERCIAL 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 241 Eastern Blvd (Parcel #10-19-00- 800-030.000-010) as recommended by the Plan Commission from C2-Medium to Large Scale General Commercial to NC-Neighborhood Commercial. A public hearing will be held on August 5, 2019 at 7:00 pm 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 matter set out in said ordinance. _. ..SI9ftri‘ii?c Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 An equal opportunity employer.