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Home My WebLink About2024-OR-66 Ordiance Changing Zoning at 301 West Court to CD (Commercial Downtown) STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2024-OR- •4- AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 301 WEST COURT AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM CH-COMMERCIAL-HIGHWAY TO CD-COMMERCIAL DOWNTOWN Whereas, the Department of Planning and Zoning filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 301 West Court Avenue and fully described in the attached Exhibit A from CH- Commercial-Highway to CD-Commercial Downtown and, Whereas, on October 29, 2024 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 November 6, 2024; 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 301 West Court Avenue and fully described in the attached Exhibit A is hereby changed from CH-Commercial-Highway to CD-Commercial Downtown. 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 6th day of November, 2024. Common Council of the City of Jeffersonville, Indiana VO ED FOR. VOTED AGAINST: / V L)LLL 11044A) Dustin White, President ATTEST: Lisa Gill City Clerk Prepared by: Les Merkley Corporate Counsel CITY OF JEFFERSONVILL 'E ': DEPARTMENT OF LAW Les Merkley,Corporation Counsel/Director of Legal Affairs `o, V p� g ',° ; 812-285-6493 office '"c ��1,1%° 812-285-6403 fax m� � �� i www.cityofjeff.net c.FR$. w Jeffersonville i 500eff QrsonuartermasterCty CouHallrt •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 301 WEST COURT AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM CH(COMMERCIAL-HIGHWAY)TO CD (COMMERCIAL-DOWNTOWN)-PLAN COMMISSION DOCKET PC-24-22 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED IN THE 301 WEST COURT AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM CII- (COMMERCIAL-HIGHWAY)TO CD (COMMERCIAL-DOWNTOWN) Notice is hereby given that the City of Jeffersonville has filed an Ordinance with the Jeffersonville City Council, Jeffersonville, Indiana asking for a change in the zoning map designation of a certain tract of property located in the 301 West Court Avenue as recommended by the Plan Commission from CH(Commercial-Highway) to CD-(Commercial-Downtown) A public hearing will be held on Wednesday,November 6,2024 at 6:00 pm in the City Council Chambers, Is' 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. G. S144-1A1)aC -r Les Merkley • Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812)285-6423 POSTED AND EMAILED ON October 30, 2024 TO THE FOLLOWING: Via Email to: dsuddeath@newsandtribune.com Via Email to: nc\\sroorn'a;ncwsandtrl une.corn ` Posted to: www.citvoffcfhict STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF: The Department of Planning and Zoning I PC-24-22 TO REZONE CERTAIN TRACT: 10-19-00-100-555.000-010, 10-19-00-100-554.000-010 30 I La , (bort Pw_./uU2- FROM: CH(Commercial-Highway)to CD(Commercial-Downtown) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, The Department of Planning and Zoning filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from CH to CD ; Docket Number PC-24-22 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on October 29, 2024 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 October 29,2024 , the Jeffersonville Plan Commission (circle one): Favorably Recommends) Unfavorably Recommends/ Provides NO Recommendation that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from CH to CD as requested in the petition of The Department of Planning and Zoning I PC-24-22 • So certified this 29th day of October 2024 71//7y(, 2Z l� Chairman GAT y (14� Plan Commission ►W Staff Report ArOctober 29, 2024 isi N Case No: PC-24-22 L. r � W Location: 301 W. Court Avenue TT .Lilo I Applicant: Department of Planning and Zoning v Current Zoning: CH (Commercial - Highway) 4 Proposed Use: None F )SQN Council District: District 1 - Dustin White r , k Request �' --rf ,Y 011 Rezone property from CH (Commercial - Highway) to CD , s' • - �+ 0 (Commercial - Downtown). - , Case Summary IC ',, •Per I.C. 36-7-4-602(c), the City's Plan Commission may �y,< ' # initiate the rezoning of a property. At their August 27, • �` 2024, the Plan Commission instructed the Department of ft ,i 4 ' ', . Planning and Zoning to begin the process of rezoning the 'F • ‘11� , •: _. / property located at 301 W. Court Avenue. ' ��;;, This property is the site of the former Hardees restaurant which went out of business earlier this year. Today, theiqk II.', site remains unoccupied. Irp Staff Finding/Opinion s , , The redevelopment and revitalization of Court Avenue t. = ' F e�`� has long been a topic of discussion to help bolster the ' CNI i ~' ' continued development of Downtown, NoCo, and ` V A Jeffersonville as a whole. Most notably, the area coming .t 1 ,..'s . off of 1-65 has been identified in the Building Jeff Comprehensive Plan as a primary civic gateway into the Downtown and a key to improving the City's image for visitors and citizens. With the Hardees going out of business, Staff has reviewed the current zoning of the property and has doubts that the uses that are allowed in the CH zoning district are conducive to achieving the City's long-term goals for this area. Staff feels that rezoning the property to CD (Commercial - Downtown) is appropriate given the context of this area and its location. Criteria for Consideration The Jeffersonville Zoning Ordinance and Indiana State Statute IC 36-7-4-603 outlines that the following shall 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. Required Action Make a motion to forward this rezoning to the Jeffersonville City Council with one of the following options: Favorable Recommendation, Unfavorable recommendation, or No Recommendation. Recommended motion "I make a motion to forward the rezoning request PC-24-22 to the Jeffersonville City Council with [insert recommendation]as presented to the Plan Commission on October 29, 2024. Page 1 of 8 PC-24-22 Staff Analysis for Change in Zoning The following is a summary of staffs analysis of the proposed development as it relates to the land use and development policies of the Comprehensive Plan and Unified DevelopmentDistrict Zoning Current _ i � ' Current Zoning I 1 � The subject property is shown in the zoning ,. "i «. map above. The property is zoned CH -_ . (Commercial -Highway). Adjacent properties �A are zoned CD (Commercial - Downtown) to the North, East, and South, M1 (Multi-Family Residential - Small Scale) to the South and CH to the West. t' \ `. "' • District Intent: Existing • The "CH" (Commercial - Highway) District is , 4AI-- intended to provide a land use category for the t' special type of commercial activity that locates around interchange areas. This district should be used around Interstate 65 (1-65) and Interstate 265 (I- 265) interchange areas. Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to use this district to minimize lighting, parking lots fronting major roadways, hazardous traffic patterns, traffic conflicts, and excessive use of signs. The use of access roads/frontage roads should be required for all commercial uses in this district. Road cuts onto existing arterial or collector roads shall be restricted. District Intent: Proposed The "CD" (Commercial - Downtown) District is intended to provide a land use category for normal commercial uses and associated activities in the Downtown. The provisions that regulate this land use district should make the district compatible with the R4. M1 and M2 residential districts, and other small-scale commercial districts. A number of residential uses have been listed as a special exception in the CD district and may be used to create a greater mix of commercial and residential uses in the Downtown. Jeffersonville's Plan Commission should only use this district in the historic downtown area and its immediate surroundings. They should strive to minimize parking lots in front of or between buildings and ensure that development and encourage high quality design that enhances the pedestrian experience in Downtown Jeffersonville. Petitions in the CD district may be subject to the Jeffersonville Historic District Ordinance and its guidelines. Future Land Use Map and Planning Districts This property has a Future Land Use classification of Downtown Mixed Use. This category covers Downtown Jeffersonville and adjacent areas. This area should retain its broad mix of commercial, residential, and institutional uses. Legacy industrial uses in the area, however, should not be allowed to expand significantly and should be encouraged to transition away from industrial use when they close down or decide to relocate. Emphasis should be made on preserving and enhancing the historic, small- town. character of the area and making it even more pedestrian friendly. Page 2 of 8 PC-24-22 : ,. . ,., tt#0*se.;IT. O\4.' ef ir A4b*-!. rill kt S$14 44 S. „ 111110W FUTURE LAND USE 4.61 ■„`; 4% �- i i Commercial Corridors ' AkW'rt..**,,,,. . ' Downtown Mixed Use 4.�:� .. ►——I Industrial P • L.---, Industrial/Commercial �___J Mixed Use t Mixed Neighborhood Residential Neighbhorhood t. Future Land Use Map I` / I t �x\ �40 � 8 c, a l • > r5 c' r 4 / • ICI vi i ./ 3t Planning Districts Map The project falls into the Downtown District on the Planning Districts Map. The following is description of this Planning District from the Comprehensive Plan. Planning District 1: Downtown Planning District 1 is comprised of a broad mix of uses in a historic setting. Serving as the City's primary business, commercial, civic, and entertainment district, it gives identity to the entire community. This area is pedestrian-friendly with sidewalks and street fronting buildings and affords easy access to other modes of transportation including bicycles and public transit. The following goals are established for the Downtown Planning District: • Provide for a mix of high-density, high-intensity commercial, residential, and civic uses • Highly limit auto-centric uses such as auto sales. repair shops, and drive-thru businesses • Support historic preservation and adaptive reuse of existing historic structures • Encourage infill development and redevelopment that enhances the historic character of the neighborhood and fosters a lively pedestrian environment, especially in NoCo and the Court Avenue corridor Page 3 of 8 PC-24-22 • Minimize parking lots, blank walls, fences, and other features that do not contribute to a pedestrian-friendly atmosphere • Incentivize development to enhance and build upon the NoCo arts district's aesthetic by including public art and architectural design features that are reflective of the District Additional Notes • None Attachments 1. Current Zoning Layout 2. Proposed Zoning Layout Page 4 of 8 PC-24-22 Current Zoning Layout CH District (Commercial - Highway) cti� 3.10 CH District Intent, Permitted Uses, and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"CH"(Commercial-Highway) Commercial:Auto Sales Service Commercial:Auto Sales/Services District is intended to provide a • auto accessory installatior • auto body repair land use category for the special • auto repair,minor' • auto repair,major' type of commercial activity that • auto parts sales • truck stop/filling station locates around interchange areas. • auto rental Communications/Utilities This district should be used around • auto sales:limited or no services • telecommunications facility(other Interstate 65(1-65)and Interstate • auto sales:w/showroom and/or than micro-cellular) 265(1-265)interchange areas. full service Institutional/Public Facilities Jeffersonville's Plan Commission • auto wash • church,temple.or mosque and Board of Zoning Appeals should • auto mechanical repair strive to use this district to minimize • boat sales and service lighting,parking lots fronting major • recreational vehicle sales&service roadways,hazardous traffic patterns, •filling/gas station traffic conflicts,and excessive use of • oil change service signs. Commercial:Food Sales/Service The use of access roads/frontage • convenience store with or without roads should be required for all gas pumps commercial uses in this district.Road • drive-thru/drive in restaurant • food service,small scale' cuts onto existing arterial or collector •food service,small scale with drive roads shall be restricted. thru • restaurant/pub Commercial:General • barber/hair salon/nails/tanning • bank/credit union/ATM • bank/credit union/ATM with drive thru • hotel • motel • photography studio • professional office • retail-1(small scale)' • retail-3(w/outdoor product sales)' • retail-4(w/drive-thru service)' Commercial:Recreation/Fitness • indoor entertainment venue' • outdoor entertainment venue' Institutional/Public Facilities • convention/business center Miscellaneous Uses • accessory Uses Additional Notes: 1. See definition in Article 12 3-14 Jeffersonville Unified Development Ordinance Page 5 of 8 PC-24-22 CH District (Commercial - Highway) « i 3.11 CH District Development Standards Lot Dimensions Setbacks Other Requirements Lot mot 'Rear Yard &Oarrt „Li- Accessory — Structures Lot • Side Primary if':` Area !� Vent StructureSetback f • s �. ---- lam. - n Property 1 2 , • di) Line 03, •" Building (Front Yard !` Coverage Envefope Setback - ..01 Frdrlege - _ROW 0.0.W. S O W. /H.U.W.•M 'fi Oeked or" e /.U.::.=Ae Jchnec on Irar0t4 ePon HJ.n M Oaf led an I tionxighlane Men Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage: • '000( .,i`� • 30 ft.when adjacent to an arterial • 75`i of the lot area Minimum Lot Width: • 20 ft wher adjacent to a local street Minimum Main Floor Area: Minimum Side Yard Setback: • 1.000 sq.ft.for primary structures Minimum Lot Frontage: • 20 ft. for the Primary Structure' Maximum Main Floor Area: • 70 ft • 10 ft.for an Accessory Structure2 • 20.000 sq.ft.for primary structures Minimum Rear Yard Setback: • 20 ft. for the Primary Structure' • 10 ft.for an Accessory Structure2 Height Miscellaneous Notes: 1. Side and Rear Yard setbacks may be reduced to 15 ft.where they abut Accessory swcturee another commercially or industrially zoned property 2. Side and Rear Yard setbacks may be reduced to 5 ft.where they abut mechanical •lower exempt a areanother commercially or industrially zoned property erneys<v° °' 3. Maximum Height for hotels and office buildings may be increased to 40 feet. enxa Bulking Height Rat Roof Structures Gave Roof Struckses (from ghesi (from highest gable root) secicO of flat recf) Maximum Structure Height: • Primary Structure:30 ft. ' • Accessory Structure:20 ft. See Article 6 for subdivision regulations See Article 7 for additional development standards See Article 8 for additional use-specific standards Article Three:Zone Districts 3-15 Page 6 of 8 PC-24-22 Proposed Zoning Layout CD District (Commercial - Downtown) J 3.8 CD District Intent,Permitted Uses,and Special Exception Uses District intent Permitted Uses Special Exception Uses The"CD"(Commercial-Downtown) Commercial:General(cunt.) Commercial:Food Sales/Service District is intended to provide a land • medical/dental/physical therapy/ •convenience store without gas use category for normal commercial chiropractor office pumps uses and associated activities in • photography studio Commercial:General the Downtown.The provisions that • print shop/copy center • drive thru bank/credit union regulate this land use district should • professional officer • drive thru bank machine/ATM make the district compatible with the • retail-1(small scale)1 • coin laundry R4,M1 and M2 residential districts. •tattoo studio/piercing shop • dry cleaning service and other small-scale commercial •temporary service agency •funeral home/mortuary districts. Commercial:Recreation/Fitness • pet care/grooming(no outdoor A number of residential uses have • bar/night club/cigar bar kennels) been listed as a special exception in •cross fit/training center • retail-2(large scale)1 the CD district and may be used to •dance/aerobics/gymnastics/martial • retail-5(used goods)1 create a greater mix of commercial arts studio •veterinarian office/hospital and residential uses in the •fitness center/gym Commercial:Recreation/Fitness Downtown. •fraternal org./lodge/private club • banquet hall • indoor entertainment venues •theater,outdoor(no adult ent.) Jeffersonville's Plan Commission •theater,indoor4 should only use this district in the Commercial:Retail historic downtown area and its Institutional/Public Facilities • consignment store • convention/business center Communications/Utilities immediate surroundings.They should • library strive to minimize parking lots in front •telecommunications facility(other of or between buildings and ensure ' museum than micro-cellular) • post office Institutional Public Facilities that development and encourage / high quality design that enhances the •school,higher ed single facility • church,temple,or mosque Residential Uses • communitycenter pedestrian experience in Downtown Jeffersonville. • bed and breakfast •government office •dwelling,mufti-family-duplex' • police/fire station Petitions in the CD district may be •dwelling,mufti-family-3-4 units5 • public park subject to the Jeffersonville Historic •dwelling,multi-family-5-6 units5 District Ordinance and its guidelines. •dwelling,multi-family7-12 units5 • publicrkn lot(publicli center/pool private) - • parking lot or private) •dwelling,multi-family->12 units5 •school,higher education-single • dwelling:single family' facility Miscellaneous Uses • substance abuse treatment- Permitted Uses • accessory uses outpatient(counseling only)' • child care/day care:owner occupied Residential Uses Commercial:Food Sales/Service • home occupation#1 • dwelling:accessory dwelling unit6 • butcher shop/meat market • home occupation#2 • assisted living facility •food service:small scale • boarding house(owner occupied) •food/farmers market(food hall) •senior living/retirement community • grocery store (not assisted living/nursing home) • microbrew/distillery(lid production)2 • restaurant/pub Commercial:General •artisan studio/artisan center Additional Notes: • barber/beauty salon/nails/tanning 1. See definition in Article 12 • bank/credit union/ATM3 2. Production area limited to 2,000 square feet •child care center(day care) 3. Without drive-thru •clothing alterations/shoe repair 4. Not adult entertainment • health spa 5. Permitted on upper floors only.may be permitted on ground level with special • hotel exception approval from the BZA 6. See Article 8.2 for additional standards. 7. See Article 8.10 for addtional standards. 3-12 Jeffersonville Unified Development Ordinance Page 7 of 8 PC-24-22 CD District (Commercial - Downtown) co, 3.9 CD District Development Standards Lot Dimensions Setbacks Other Requirements r Lot Width 'Rev Mod 0. Lot - 4- side I Pftmry lift Area (7. k , Setback- _.,. . 1.„,--1--i_ • . - __ _ PropettY 4,- ills Line Building From Yard 1 Evretope Setback Lot Fronhge--I Ft W. / _ R.O.W. 4 O W. / / / R.O.W.•As Oekred an itxaq(/iYn Plan H.U.N.=As Jchn Cc un I f`aaplIhle Ran N J'.ti. As Dot led a'.l Ivpqilbn PM Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage: • 2.000 sq.ft- • 2 ft.l • 100%%of the lot area Minimum Lot Width: Maximum Front Yard Setback: Minimum Lot Coverage: • 25 ft. • 5 ft. • 80%of the lot area Minimum Lot Frontage: Minimum Side Yard Setback: Minimum Main Floor Area: • 25 ft • 0 ft. for the Primary Structure2 • 1.000 sq.ft.for primary • 0 ft.for an Accessory Structure2 structures Minimum Rear Yard Setback: Minimum Floor Area per Unit: • 0 ft. for the Primary Structure2 • 500 sq.ft.average per Dwelling Unit • 0 ft.for an Accessory Structure2 in a multiple-unit primary structure. with 400 sq.ft.the absolute minimum Height Miscellaneous Notes: 1. Where immediately adjacent to an existing building with a setback less Arxessucy StorAures than 2 feet.the building may match the existing building's front setback. mechanical lower• 2. Side and Rear Yard setbacks shall be increased to 2 feet off any alley. exempt &r are3. Architectural elements at street corners may exceed the height elayseiSr-w allowance by 5 feet for a max.height of 45 feet) 4. Structures that do not contain two functional stories shall be designed shed Bolding so as to give the appearance of having a second story. Height Flat Roof 93ucuros Gable Root Streams (frcrn highest (from highest gable roof) section diet roof) Maximum Structure Height: • Primary Structure:40 ft.3 • Accessory Structure:20 ft. Minimum Structure Height: • 24 ft.for primary structures' See Article 6 for subdivision regulations See Article 7 for additional development standards See Article 8 for additional use-specific standards Article Three:Zone Districts 3-13 Page 8 of 8 PC-24-22