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HomeMy WebLinkAbout2023-OR-72 Ordinance Establishing a Designated Outdoor Refreshment Area ("DORA" Pursuant to I.C. 7.1-3-31) ORDINANCE NO. 2023-OR- l BEFORE THE COMMON COUNCIL OF CITY OF JEFFERSONVILLE STATE OF INDIANA AN ORDINANCE ESTABLISHING A DESIGNATED OUTDOOR REFRESHMENT AREA ("DORA") PURSUANT TO I.C. 7.1-3-31 WHEREAS, the City of Jeffersonville("City") over the last decade has made substantial improvements and supported investment and growth in downtown; and WHEREAS, numerous stores and shops, entertainment venues, and restaurants have chosen Jeffersonville for their businesses based upon these improvements; and WHEREAS, the City has continually improved and expanded recreational opportunities to draw more residents,visitors, and patrons to downtown Jeffersonville; and WHEREAS, the State of Indiana adopted I.C. 7.1-3-31, which allows for the creation of Designated"Outdoor"Refreshment Areas ("DORA"); and WHEREAS, having a designated refreshment area will attract more visitors, citizens, and patrons to local businesses within the area; and WHEREAS,having and implementing a Designated Outdoor Refreshment Area(DORA) in downtown Jeffersonville will provide a significant economic boost to local businesses with similar initiatives in other cities showing a substantial increase in foot traffic, customer spending, and overall revenue for businesses within the designated area; and WHEREAS,having a DORA allows patrons to enjoy beverages outdoors, creating a more vibrant and enjoyable atmosphere for visitors and residents alike that will attract more people to downtown Jeffersonville, leading to increased patronage for local restaurants, venues, bars, and shops; and WHEREAS,the new legislation allows businesses more flexibility in how they serve their customers and enables them to create unique and appealing outdoor environments; and WHEREAS, the implementation of a DORA will encourage collaboration among local businesses,as they can work together to promote the area,coordinate events,and create a cohesive and attractive experience for visitors which will strengthen the downtown community and foster a sense of unity among businesses; and WHEREAS, increasing foot traffic within the area will help the development and continued economic vitality of downtown; and WHEREAS, creating a DORA will build a livelier,pedestrian-friendly environment. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF CITY OF JEFFERSONVILLE,INDIANA AS FOLLOWS: SECTION 1. Creation. Pursuant to IC 7.1-3-31, the Common Council hereby authorizes and approves the creation of a Designated "Outdoor" Refreshment Area in the City of Jeffersonville. SECTION 2. Boundaries. The boundaries of the Designated Refreshment Area are illustrated in the map attached(Exhibit A). Additionally,the Area is bounded by both sides of the following streets: Beginning at the NW corner of the intersection of Indiana Ave. and W. 9th St. in the City of Jeffersonville, Clark County, Indiana; hence south to the SW corner of Indiana Ave and W 7th St.; hence east to the SW corner of W. 7th St. and Ohio Ave; hence south to the SW corner of Ohio Ave. and W. Court Ave.; hence NE along W. Court Ave. to the SW corner of Mulberry St.; hence SE along Mulberry Street to the Ohio River-side of the Floodwall; hence westward along the floodwall to the underside of the Highway 31 (2nd Street)Bridge;hence south to the Ohio River; hence eastward along the Ohio River to a point where the centerline of Wall Street would intersect with the Ohio River; hence NW along the centerline of Wall Street to the Ohio River-side of the floodwall; hence SW 250'; hence NW along a line parallel with (and approximately 150' from the centerline of Spring Street) to the South Side of Court Ave.; hence NW to the centerline of Wall St;hence NW to the northeastern corner of Warder Park; hence SW 200';hence NW parallel with(and approximately 200' from the centerline of Spring Spring Street) to the north side of E. 9th St.; hence westward along E. 9th St. to the centerline of Spring Street; hence westward along W. 9th St. to the point of beginning. Except all residential property is excluded. SECTION 3. Proposed Permittees&Vendors. (See attached Exhibit B). SECTION 4. Statement Regarding Consistency with Zoning Ordinance. Per the attached letter, it is the opinion of the Department of Jeffersonville Planning Commission that the DORA is supported by the Comprehensive Plan and Zoning Ordinance and will continue to aid the effort of creating a vibrant community that promotes walkability and shares Jeffersonville's rich culture and history. (See attached Exhibit C). SECTION 5. Location & Type of Signage. At each of the street entries/exits from the DORA,the sidewalk will be painted/labeled with a logo/statement making it clear that someone is entering/exiting the DORA or appropriate signage as permitted indicating the same. An example is attached below(Exhibit D). There may be additional signage within the DORA at the discretion of the City to be approved by the Board of Public Works and Safety. SECTION 6. Dates & Hours of Operation. The DORA will be operational seven days a week, three hundred and sixty-five days a year. The hours of operation will be between 10:00am and 10:00pm. SECTION 7. Sign Postage by Retailer Permittees. Every permittee and/or participating retailer may have sign posted within their establishment that indicates they are a permittee and/or are participating in the DORA. The City will provide the establishments within the DORA with the appropriate signage/decal that identifies their participation upon request. (Exhibit E). SECTION 8. Designated DORA Cups. All designated permittees and vendors must use cups that have the DORA logo provided by the City on them identifying that they are for use only in the refreshment area. The businesses are required to display the DORA logo on these cups at their cost. The DORA logo shall be prominently displayed on the cups to allow appropriate and easy visual identification by the Alcohol and Tobacco Commission officials and local law enforcement. The businesses may affix their company logos and/or branding on the cups in addition to the DORA logo. The additional business logo/branding may not display profanity, offensive language/gestures/images or nudity. (See Exhibit F). SECTION 9. Sanitation Plan. The City currently has trash bins at most corners within the district and will add trash and recycling receptacles within the area as needed with additional monitoring and collection upon evaluation. There is a regular maintenance and cleaning of these receptacles at a minimum of twice a week which will be evaluated, amended, and supplemented as needed. SECTION 10. Public Safety Plan. The City currently conducts regular monitoring of the area that will be designated a DORA.The City police department will evaluate the implementation of the DORA and adjust monitoring and patrols as needed. Any special event and/or use of public space in which alcohol is distributed or served,shall require approval of the Board of Public Works and Safety and the Chief of Police, or his/her designee. The Chief of Police or his/her designee shall have the authority to require additional safety measures for such special event and/or use of public space, including but not limited to security, fencing or other measures as deemed appropriate. SECTION 11. Effective Date. This ordinance shall become effective upon adoption and approval by the Mayor of the City of Jeffersonville, or thereafter upon any and all necessary State of Indiana approvals. SO ORDAINED and ADOPTED on this / ' day of 9 attei'LQ-i , 2023 by the Common Council of Cityof Jeffersonville, Indiana. ICtt O en resident Jeffersonville Common Council VOTED FOR: VOTED AGAINST: /0. , ?'. Z4, (A) WIL(542 ATTEST: ,� A Lisa Gill, City Clerk 2023-OR- PRESENTED by me to the Mayor of the City of Jeffersonville, Indiana for is approval and signature this ..5 day of , 2023. Lisa Gill, City Clerk 2023-OR- ?A ACCEPTED AND APPROVED by e t is day of 1>c_ . 12023. Mike Mo re, Mayor City of Je fersonville, Indiana ATTEST: Lisa Gill, City Clerk EXHIBIT "A" (MAP OF DESIGNATED AREA) (04, . ,..1.7 ..„,.............,air 731' ' fgg - .' • / 1 1 . . - .... , ...I '10 V' l' -. L ti 1Z. 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Ir. •, %.‘ . -• .•i.N.. *01, "5" .:411116,43' 0 .4 trs EXHIBIT "B" (LIST POTENTIAL DORA PERMITEES) POTENTIAL DORA PERMITTEES Potential Permittee Address Alcove 246 Spring Street Clucker's 100 W Riverside Drive Depot at NoCo 701 Michigan Avenue El Nopal 700 W Riverside Drive #400 Freeze Bar 114 E Chestnut Street Harry's Taphouse & Kitchen 130 W Riverside Drive HM Franks O'Shea's 355 Spring Street Hooters 700 W Riverside Drive Kabuki Japanese Restaurant 253 Spring Street King Fish 601 W Riverside Drive La Catrina Tacos& Tequila 125 W Chestnut Street Match Cigar Bar 207 Spring Street Parlour 131 W Chestnut Street Pearl Street Taphouse 407 Pearl Street Ramiro's Cantina 149 Spring Street Red Yeti 256 Spring Street Town. A Neighborhood Pub 415 Spring Street Union Gameyard& Restaurant 115 W Chestnut Street Upland Brewery 707 W Riverside Drive EXHIBIT "C" (ZONING LETTER) CITY OF JEFFERSONVILLE Department of Planning and Zoning W ;.1. N 500 Quartermaster Court, Suite 200 �,Q•;";o9 `v City of Jeffersonville �� 812-285-6413 www.cityofjeff.net November 14,2023 RE:Jeffersonville Designated Outdoor Refreshment Area(DORA) To Whomever it may concern, Jeffersonville, Indiana is a unique and historic community situated on the banks of the Ohio River. With a population now well over 51,000 we are the largest community in the Louisville Metro Area outside of Louisville itself. We are also one of the fastest growing Cities in the metro area, with robust growth in the industrial, commercial, and residential sectors. The Planning and Zoning Department and its Plan Commission are guiding forces for growth,development,and redevelopment within the City. Downtown Jeffersonville is perhaps the most vital part of our community. Its historic nature, eclectic mix of uses and activities creates a strong sense of civic identity and the density of commercial and residential uses generates significant revenue for the City.As such,it is important for the City to continually invest in and expand the Downtown while preserving the unique small-town feel that people love about it. Since the opening of the Big Four Pedestrian Bridge, our direct link to Louisville,the City has supported the establishment of new dining and entertainment options, improved local infrastructure, and invested heavily in arts and cultural programming within the Downtown. This investment has leant vibrancy to the Downtown and spurred public investment,but there is more to do. The City's most recent Comprehensive Plan, Building Jeff, calls for continued revitalization of Spring Street, Court Avenue and the NoCO Arts and Cultural district. It encourages infill development that enhances the historic character of the Downtown and fosters a lively pedestrian environment.To that extent, the Planning Department is in support of the Jeffersonville Designated Outdoor Refreshment Area. We believe that the DORA, will strengthen existing businesses, increase pedestrian activity within thii Downtown, enhance local festivals and events, and ultimately, lead to more investment in the area. W hope that you will support us in this proposal. allaill. Thanks,e*//72...--'7 ON Chad Reischl0 rfr II Director of Planning and Zoning 500 Quartermaster Court,Suite 200 Jeffersonville,IN 47130 812-285-4712 creischl(a,cityofjeff.net EXHIBIT"D" (AREA SIGNAGE) NOW LEAVING r � � RA n. S N v NO BEVERAGES BEYOND THIS POINT LEAVING DRA � /w \ �� P'y NO BEVERAGES BEYOND THIS POINT ENTERING DA m �/W s�o BEVERAGES OK BEYOND THIS POINT NOW ENTERING � wR D _A ��RsoN v � BEVERAGES OK BEYOND THIS POINT EXHIBIT "E" (PERMITTEE/RETAILER SIGNAGE) 1)IHJ ,,,o, .3—N 'MU JEF� c„,, ,,,( ii) �� � w� RA `ems BEVERAGES WELCOME ‘4mlimill 11-.) “; :frila: 0 W PLEASE NO BEVERAGES EXHIBIT"F" (DORA CUP LOGO) ,..xo s'/ / %, }1[ 47: 71411 w I -"=4 f;0(- 101 _ aj1kt•, : y O A I,,,