HomeMy WebLinkAbout2005-OR-74 STATE OF INDIANA
· .,-BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE NO. 2005-OR-74
AN ORDINANCE CHANGING THE ,ZONING MAP DESIGNATION OF A
CERTAIN TRACT OF PROPERTY DESCRIBED AS BEING LOCATED AT
5800 AND 5814 HAMBURG pIKE. :
Where~s, Robert Hubbuchand Robert Pullen, have filed a petition before the
Jeffersonville Plan Commission to change the zoning map designation of the real
property described in the attached Exhibits from C 1: Small to Medium General .
Commercial and C2: Medium to Large General Commercial to Il: Business Park/Light
Industrial; and
V~hereas, on Novembe~ 29, 2005 the Jeffersonvilla Plan Commission has
certified to the Council a favorable recom' mendation concerning the proposed change to
the City's zoning map; and,
Whereas, this matter is now before the Common Council at i~s regular meeting
after certification of the proposed change of zoning map designaton purst, ant to the
provisions of I.C. 36-7-4-608(0(1); and,
whereas, this Common Councii has timely posted notice of its iment to consider
the proposed change of zoning map designation at the regvJ~,r meeting scheduled for
December 5, 2005 at 7:30 o'clock p.m.3 and,
Whereas, all interested persons l~aving been given an opportunity to appear
before this Common Council and be heard regarding this matter as ~equired by law.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City
6f Jeffersonville, Indiana, that the zoning designation of the real property described in the
attached Exhibits hereby changed from Ch Small to Medium General Commercial and
C2: Medium to Large General Commercial 1o I1: Business park/Light Industrial; and
IT IS FURTHER ORDAINED::that the zoning map of the city of jeffersunville
shall be amended to include such change.
This ordinance shall be In full force and effect upon its adoption.
THE CITY O~ JEFFF2 ~ONVILLE,
By' \ / --
Robe~L. Wai~ ~r.
Presiding Off
ATTEST:
Clerk-Treasurer
Presented by me as Clerk-Treasurer to the Mayor of'said City of Jeffersonville
this
Peggy ~V~lde)F~
This Ordinance approved and si
Clerk-Treasurer
Robert ~-TWaiz, J/
/iayor
View from Kelso property to south towards I
Three adjacent properties for sale by commercial broker
or for commercial uses. ~
Owens Repair Service Building immediately across
~amburg Pike from Kelso property
Merry Maids property across Hamburg Pike from
Storage Solutions/Tow Zone
Storage Solutions warehouse units at rear of
5814 Bamburg Pike and adjacent'to Kelso property
Storage Solution ~ ~ tl zoned C-1 with variance)
jeffersonvllle, I~d~na (Presen Y
Kelso property, 5800 Hamburg Pike, jeffersonville~"'~'~'
(currently zoned C-2)
RentCo building, Silver Creek ~usiness park,
2807 Sable Mill Lane, jeffersonville, Indiana
(Bob Pullen, Owner)
· ~ted b~' var~&~)," a6ros~_ .
outdoor display area (perm~ ---~- ~5814 5amburg p~e~
Hamburg Pike from ToW Zone prop=~= ~
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE CITY COUNCIL
IN RE THE REQUEST TO CHANGE THE
ZONING MAP FOR (I) PROPERTY LOCATED
AT 5814 HAMBURG PIKE FP'OM
"C-I, SMALL TO MEDILSVI SCALE GENERAL
COMMERCIAL", AND (2) PROPERTY
LOCATED AT 5800 HAMBURG pIKE FROM
"C-2, MEDIUM TO LARGE SCALE GENERAL
COMMERCIAL", TO
"I-1, BUSINESS PARK/LIGHT INDUSTRIAL",
ROBERT PULLEN and ROBERT HUBBUCH,
APPLICANTS.
)
)
)
)
)
) CASE NO. PC-05-71
)
)
)
)
)
)
PHOTOGRAPHS DEP!~IN~ THE PROPERTIES
THAT ARE THE SUBJECT OF THE ZONING ~P
CHANGE REQUESTS AND ADJACENT.PROPERTIES
Submitted by:
C. Gregory Fifer
Steven Hawkins
APPLEGATE & FIFER
131 E. Cou~ Avenue, Suite 101
Jeffersonville, Indiana 47131-1418
(812) 284-9499
Counsel for Applicants
NOTICE OF INTENT TO' coNsIDER PROPOSED CHANGE OF ZONING MAP.
Notice is hereby given that on December& 2005 at 7:30 o'clock p.m. in the
Multi-purpose Hearing Room on the Third Floor of the City-County Building at 501 East
Court Avenue, Jeffersonville, Indiana, the Common Council of the City of Jeffersonville,
Indiana, intends to consider an ordinance, which, if adopted, would change the zo'rdng
map designation of the following described proparty from C1: Small to Medium General
Commercial and C2: Medium to Large General Commercial to I1: Business park/Light
DESCRIPTION OF PROPERTY LOCATED TIlE CITY' OF
PROPERTY ADDRESS: Being located at 5800 and 5814 Hamburg
Pike~'
- .~, , ~ .- ,,,-- r~-mmission made a favorable'recommendation
i ne jexxerson.wi,e r tau ,%,,. . ...... ~ A~. .... of zoning, ma~
concerning the adoption of an ordinance enacti~ m~s propo~u u,,-,~ ~ ~
designation after notice and hearing on November 29, 2005. All interested persons are
invited to attend and be heard regarding this matter. This Jeffersonville Common
Council meeting may b~ continued from time to time as found necessary. The
Jeffersonville Common Council may' take official action at the conclusion of debate at
this meeting.
Such notice given and posted this 30* day oflqovcmber 2005.
Peggy Wilder
Jeffersonville Clerk-Treasurer
Prepared by:
Leslie D, Merkley
City Attorney
Sharon King
paralegal
~C~V 10 05 03.1:)4p Tow Zone
TertyA,~
Blankenbeker & Son
Land Sarvey°rs Inv., P.C.
DY, S~'N O~ 13'19 ACBY-.S IN S~K'I;'E¥ ~48
IN TESTIMONY ~F, wime~ the aigaatu~ of tho Grantor ~ ~_~__~_ day of
)SS:
COIYNTY OF'FLOYD )
Subscn'bed ~ s-worn l~-or~ m~ by ~ ~ ~0~ ~ ~wl~g~ ~
MY COMMISSION EXPIR~:
GENEP. AL WARRAI~'Y DEED
AUDITOR CLARK COUNT?
· oflviarion County.
TI-lIS INDI~I'ITU~ W1T~SS~. that WILLIAM g- KELSO. md otl~
I~dlana (the "Grantor"). for and in consid~ation of the sum of ONE DOLLAI~ ($1.00)
§ood and valuable considel'ation, the mcoipt of which is hereby acknowled§ed, do he,by
..
- -ant of General Wat'ram7.. --
HLrBBUCtt (the "Gr~tces '),m,~ ~'e'.
pmp~Y in Clark County, Indiana, to§~th~r with all improvements, thereon and appurtenances
n' and bein§ mor~ pa~oula~l¥ described as follows (th 'Prop~
thereunto belo
~G ^ P~T o~ s~v~Y ~4s o~ ~ ~ois G~.~rr op c~: countrY,
INDIANA AND BEING FUP,~P- DESCRIBED AS FOLLOWS:
o~ ~.~f~a ~ ~ T~ SOnY ~U~-O~;W^¥
sTRr~r IN CE~; T~-m~CE NO~TH ~9 DEG, ~AST, (RECO~ .
BEARING) ALONG SAID $oI~Y RIG~vr'oF'WAY LIN~, 1~9.6~ FEET,
TI. iL~SCE SOUTH 40 DEG. EAST, (RECORD BEARING) 342.12. Ff~ET TO AN IRON
PIPE~ TIlE TRUE PLACE OF BEGINNII'IG: TI-JE~CE sOUTH 40 DEG.
EAST, ~?L3~ FEET TO ^ STEEL PIN; TH~'NC~ SOUTtt SO DEG. ~X' ~' W~ST,
$95.$~ b'~ET; THENCE NORTH 40 DEG. 42' $4" WEST,
(BASIS OF BEARINGS) 33'"EAST, 895.8
169.17 FEET TO A STEEL PIN; TI~lqCE NORTH 50 DEG. 34'
FEET TO THE TRUE pLACE OF BEGINNtlqG. COI''rTAINING 3.5 ACP, t~S, AND
BEING SUBJECT TO ALL EASEMENT OF RECORD.
Subject to any and all eas~eats, msm"cti°~s and/or pt-ptective coveuants of public record
which may apply to lite above propi~ty. ' ' "" "-
· ' of tim estate hereby couw~t, have full
· __.~, ,~oi he is lawfully sc~zed .... · ~--~ r,-,,m all ~mcumbrances
The Grantor cov.,en ~_~_ ~ . ....... and that said ~staTe is a~ ~'-
right, power and authority to conveY m~
TesTy A. Kendall.
47;30
Blankenbeker & Son
Land Surveyors !nc., P.C.
~ 1945
(st~)=s2.4183
(~12) 2S2-4197 TAX
p.O.r.l~ t~7
.icfferso~,lle,/mlia~a 47131-0157
M~y 29, 2002
DESCrIPtION OF ~.~ ACRES IN SURVEY'
~ a pm of ~.r ~8 of the ~no~s Cu~at ~o Ci~ C°~, I~
1049.65 ~ ~ S. 40°B., (record besrlng) 342.12 f~et ~o m ~ron ~ ~ TRUE PLACE OF BEGtNNIN~
Thea~ S. 40°42'54'~E-, 17131 feet to a steel ~
Theace S. $0o42'47'W-, ('msis of~n~s) S95.a5 fe~
Th~mo~ N. 40°42'54"W-, 169.17 f,~t to a .s~lp'm;
Thence bT. 50"34'35"E., S~5.S f~ ~o ~ TRTJ~ 1'LACE OF BEGINNING.
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE PLAN COMMISSION
IN RE THE APPLICATION OF
ROBERT HUBBUCtt AND ROBERT
PULLEN TO REZONE A CERTAIN
TRACT OF PROPERTY BEING
LOCATED AT $gO0 AND $814
HAMBURG pIKE FROM C1:
SMALL TO MEDIUM GE~tF, RAL
COMMERCIAL AND C2: MEDIUM.
TO LARGE GENERAL cOMMERCIAL
TO Il: BUS,SS I~ARKS-~GHT l~Us~r~
CERTII?ICATION OF FAVORABLE RECOMMENDATION
OF PROYOSED ORDINANCe. .
Whereas, Robert Hubbuch and Rgber~ Pullen filed a petition before the
Jeffcrsonvill¢ plan Commission to change the zoning designation of the property
· · ,, "from CI: Small to Medium General
described in attached Exhibits, (the Property ), Business park/Light
Commercial and C2: Medium to Large General Commercial to Ih
Industrial; and
Wh~eas, after proper notice by Publication, the leffersonville Plan Commission
held a public hearing on the petition on November 29, 2005; and,
Whereas, at the conclusion of the heanng the Jeffersonville Plan Commission
voted by a majority vote of its en~e membership to favorably recommend the proposed
change of zoning designation of the Property to the Jeffersonville Common Council.
IT IS THEREFORE CERTIFIED that on November 29, 2005, the
Jeffersonville Plan Commission favorably recommended that the Jeffersonville Common
Council enact by ordinance hhe proposed zoning designation change of the property from
CI: Small to Medium General Commercial and C2: Medium to Large General
commercial to I1: Business park/Light Industrial as requested in the petition of Robert
Hubbuch and Robert Puileru
So certified this 29~ day ofNovembar 200~~
Ha~ove~an
8122889700 p,2
Te.~7 A, K~ ~datt, PJ..s-
Blnnkenbeker & Son
L_.nd Surveyors Inc., P.C.
(~ 12) 2'82.4'Jg"Y* fax
P.O. Box tS?
.l~s.,~41le. tnSiana4?13l-OLS?
date of c!o~n~, (h') ~ctions, stipulatioas and
IN TESTIMONY WHERB~I~, wlme~ the sigaatare of flae Grantor this ~.~__~' day of
STATE OF INDIANA
)SS:
and sworn berne me by w!" -~u"tna t'-' . ~.'"f"j~. '
Subscn'bed : _ . ~. ........ ~ deedd~/s~dayof~Imac, 2002.
MY CO~SSXO~ ~x~mr=S: ~.~.sn~,rr OF_~'2"~ ._ .,. ,!~.
Gumino=Sandem& M~phy
117 B. Spring Street
New Alba~, ]lq 47150
C2 D.LJ 8'T/lS/2~2
SUBJECT_TO B ~.L.. _~%,-r
FOR TRANsR:t~
JUL z
AUDITOR CLARK COUNTY
Indian~ (thc ,'grantor"), for ~d in c. onside~aion of the sum of ONE DOLLAR
~ood and v,,duabl¢ consideration, thc receipt of wMch is hereby acknowledge1, do b~r~by
CONVEYS AND w~
pULLBN, Jl~ ~nd ROBBKT
with covelmut of Gcnc~ml Wan~n~Y, unto ROBBtLT L. .
HUBBUCH (the "Cn~ntees'~, in. fe~ simple, as tenants in common, thc follovn~ described real
· 'th all imp~ovemants, thereon and appurtenances
._ _.... r-~ Co~nt-y, Indiana, tof~eth? ~... ----~ -- ~'~lows ¢~e'~'mPemY'9
suKVE¥ ~ O~= ~ iLLINOIS GRANT OF CLAPJ:C COUNTY,
BEING APAPT OF AS FOLLOWS:
INDIANA AND BBING FURTHEP- DESCRIBBD
BBGINNING AT THE iNTERSECTION OF THE BASTERL¥ RIGHT OF WA¥ LINE
pIKE ~ TH~ SOUTHERLY RiGI-rr. OF-WAY L~'~ OF CARK
mavmu _a_ ;; Tm CE 49 ])EO. EAS'r, 0U CO
STREET IN CElVim-~ ~ v ~ 1049.65 FEET;
BEARING) ALONG SAID SOLrrHERLY RIGHT-OF-WAY Lh'qE,
THENCE SOUTH 40 DEG. EAST, (p,.ECORD BEARING) 342.12 FEET TO AN IRON
pIPE, THE TRUE PLACE OF BEGINNING: THENCE $OLrrH 40 DEG. 42' ~4"
EAST, 171.31 FEET TO A STEEL PIN; THENCE solYrft 50 DEG 42' 4T' WEST, ·
· 2' 54" WEST,
(BASIS OF BEARINGS)'895.85 FEET; THENCE NORTH 40 DEG 4
--. -*' ~3" EAST, 895.8
t69.~? FEET TO A STEEL PIN; THENCE NORTH 50 D~o ~ ~.5'Aaa-ES, AND
FEET TO ~ TRUE pLAcE OF BEGINNING. COlqTAINING
SEINa st mcr TO AL ' EASEM] rr CO D.
which may apply to tha above propsrty.
· ed Of the ~-tam h~r~by conveyed, have full
_ ...... euants that he is lawfully se~z .... :- ~-~ from ail encumbrances
'1 ne C-rantor ~*.~ .~-~ -o~,- and that sma ~slat~ ~ ~,.
right, power and anthonty to conwy ~ o---'-, .
~ p,. mank~l~ker (190.~!~7n)
P-,ollyn II. I~_~b..ker '0934-1994)
Blankenbeker & Son
Land Surveyors Inc., P.C.
422 ~s
~ef~-~m'v~le, Indian8 47130
i ts
(812) 2S2-4183
(812) 2~2-4197 FAX
P.O, lien 157
D~SCn.U~O~t or ~ AC'n~ m S~mV~Y ~4S
1049.65 ~ rhe~e S. 40~, (re~ozd bea~) ~4Z 12 t~t to aa ~o~ p~, rl~ ~T~ [,L~CS 0~. s~.on, a,~o:
Theaee S. 40~42'54'~--~, 171.31 feet 10 a=st~l ~
~ S. $~42'47"W., (basis of~) ~5.~ ~
~ g. ~42'~ 169.17 ~ m a~ ~
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE CITY COUNCIL
IN RE THE REQUEST TO CHANGE THE )
ZONING MAP FOR (1) PROPERTY LOCATED )
AT 5814 HAMBURG PIKE FROM )
"C-l, SMALL TO MEDIUM SCALE GENERAL )
COMMERCIAL", AND (2) PROPERTY )
LOCATED AT 5800 HAMBURG pIKE FROM )
"C-2, MEDIUM TO LARGE SCALE GENERAL )
COMMERCIAL", TO )
"I-1, BUSINESS PARK/LIGHT INDUSTRIAL", )
)
ROBERT pULLEN and ROBERT HUBBUCH, )
APPLICANTS. )
DOCKET NO. PC-05-71
EVIDENTIARY DOCUMENTS IN SUPPORT
OF REQUEST FOR ZONE MAP CHANGES
Submitted by:
C. Gregory Filer
APPLEGATE & FIFER
131 E. Court Avenue, Suite 101
J effersonville, hxdiana 47131 - 1418
(812) 284-9499
Counsel for Applicants
Front view of Kelso property at 5800 Hamburg :Pike property.
Driveway of Kelso property at Hamburg Pike showing existing 10-12' wide area in which
evergreen plantings can be made.
Front view of Tewell property adjacent to Kelso property at 5800 Hamburg Pike property.
Side view of Tewell property adjacent to Kelso property.
View of commo~ rear/side property lines between 5814 Hamburg Pike (Storage Stat/on), Kelso
Kclso property, and Tewell property.
For sale signs on Tewell property adjacent to Kelso property.
, "C1" District
4.t3 "C1" District Intent, Permitted Uses, and Special Exception Uses
4-14 Je ffersonville Zoning Ordinance
"C1" District
4.14
"C1" District Development Standards
I LOt Width I
{ I aide
Yard
Minimum Lot Area:
· 20,000 square feet
Minimum Lot Width:
· 70 feet
Maximum Lot Depth:
· 2.5 times the Lot Width
Minimum Lot Frontage:
· 70 feet on a Public Street with access
from said Public Street
Sewer and Water:
· Requires municipal water or sewer
hookup
Minimum FrontYard Setback:
· 35 feet when adjacent to an Arterial
· 25 feet when adjacent to a Local
Street
Minimum Side Yard Setback:
,25 feet for the Primary and Accessory
Structures
Minimum Rear Yard Setback:
· 25 feet for the Primary and Accessory
Structures
· Cove~ge
Maximum Lot Coverage:
· Square feet of all primary and
Accessory structures, and impervious
surface cannot exceed 65% of the Lot
Area
Minimum Main Floor Area:
· 1,000 square feet for Primary Struc-
tures
Maximum Main Floor Area:
· 21,000 square feet for Primary and
Accessory Structures
Maximum Structure Height:
· 22 feet for the Primary Structure
· 15 feet for Accessory Structures
Additional DeveloPment Standards that Apply
Lot, Yard, and Density (LQ
· LY-01 .................. Page 7-3
Height (HT)
· HT-01 .................. Page 7-4
Temporary Uses (TU)
· TU-Ol .................. PageT-9
· TU-03 .., .......... ;... Page7-9
Public Improvement (PI)
, PF01 ................ Page7-13
Landscaping (LA)
· IA-01 ................ Page7-14
· LA-02 ................ Page7-15
· LA-03 ................ Page7-17
BufferYard (BY)
, BY-01 ............... Page7-19
Expressway Buffer (EB)
· EB-01 ............... Page 7-24
Environmental (EN)
EN-01 ........ Page7-25
Floodplain (FP)
· FP-01 ............... Page 7-27
· performance (PF)
PF-01 ............... PageT-30
Lighting (LT)
· LT~I ................. PageT-31
· General Signs (GS)
GS-01 .............. PageT-32
· Temporary Signs (TS)
TS~02 ................ PageT-34
permanent Signs (PS)
· PS-05 ............... Page 7-37
Parking (PK}
· PK-05 ............... Page 7-40
· PK-06 ......... L.... Page7-41
· PK-07 ............... Page7-43
Loading (LD)
· LD-01 ................ Page 7-44
Entrances/Drives (ED)
· ED-01 ............... Page 7-45
Vision Clearance (VC}
· VC-01 .............. Page 7-47
Telecommunication
Facilities (TC)
· TC-01 ............... Page 7-48
· TC-O3 ............... Page7-51
Special Exception (SE)
· SE-01 ............... Page 7-54
Miscellaneous (MC)
· MC-02 .............. Page 7-55
· MC-04 .............. Page 7-55
· MC-05 .............. Page 7-55
· MC-06 .............. Page7-55
Article Four: Institutional and Commercial ZOning Districts 4-1 b
"C2" District
4.15 "C2" District Intent, Permitted Uses, and~ Special Exception Uses
a strong'al
minimize lighting, unqandscaped
large parking lots, parking,lots
fronting major streets, and traffic
conflicts i~ the "C2" District.
Jeffersonviile Zonin~ Ordinance
"C2" District
4.16
"C2" District Development Standards
Lot ~d~ -
Side
Minimum Lot Area:
· 2 acres (87,120 sq.ft.)
Minimum Lot Wldth:
· 250 feet
Maximum Lot Depth:
· 2.5 times the Lot Width
Minimum Lot Frontage:
· 150 feet on a Pubiic Street with
access from said Public Street
hookup
MinimUm FrontYard Setback:
· 35 feet when adjacent to an Arterial
· 25 feet when adjacent to a Local
Street
Minimum Side Yard Setback:
· 25 feet (p!us buffer yard)
Minimum Rear Yard Setback:
· 30 feat for the Primary/Accessory
Structure (plus buffer yard)
Maximum Lot Coverage:
· square feet of all primary and
Accessory structures, and impervious
surface cannot exceed '70% of the Lot
Area
Minimum Main Floor Area:
· 5,000 square feet for Primary Struc-
tums
Maximum Structure Height:
· 25 feet for the Primary Structure
· 20 feet for Accessory Structures
Additional Development Standards
Lot, Yard and Density (LY)
· LY-01 ... .............. Page 7-3
Height
· HT-01 ...; .............. Page 7-4
Accessbry Structure (AS)
· AS-01 ..i .............. Page7-5
Fences and WalIs FW)
· FWd2 .i .............. Page 7-8
Temporary Uses (TU)
· TU-01 ...~ .............. Page 7-9
· TU-03 .................. Page 7-9
Public improvement (PI)
· PN:)I ...; ............ PageT-13
Landscaping LA)
· LA-01 ...; ............ PageT-14
· LA~2...i ............ PageT-15
· LA-03 ................ Page7-17
Buffer Yard (BY}
· BY-01 ............... PageT-19
~xpressway Buffer (EB)
· EB-01 ............... PageT-24
Environmental
. EN-01 .............. PageT-25
Floodplain (FP)
· FP-01 ............... Page 7-27
performance (PF)
PF-01 ......... Page7-30
Lighting (LT)
· LT-Ol ................. Page 7-31
General Signs (GS)
· GS-01 .............. Page 7-32
Permasent Signs (PS)
, P8-05 ............... Page7-37
Parking (pK)
, PK-05 ............... Page?40
· PK-06 ............... Page 7-41
· PK-07 ............... Page 743
thatApply
Loading (LD)
· LD-81 ................ Page 744
EntranceslBrives (ED)
· ED-01 ............... Page 7-45
Vision CIearance 0/C)
, VC-01 .............. Page 7-47
Telecommunication
Facilities CCC)
· TC.01 ............... Page 7-48
· TC-03 ............... FageT-51
Special Exception (SE)
· SE-01 ............... Page 7-54
Miscellaneous ([~C)
· MC-02 .............. Page7-55
, MC-04 .............. Page 7-55
· MC-05 .............. Page 7-55
· MC-06 .............. PageT-55
4-17
Article Four: institutional and Commercial Zon n8 Districts
"i1" District
4.19 "11" District intent, Permitted Uses, and!Special Exception Uses
District intent :'
(Business ParldLigh~
Industr al} D strict is intended to
provide a land use category for
most Iow to moderate ii'pact
business park and liglh~industrial
facilities. This district: Can be used
' reslaerl'bal districts,.
Jeffersonv e's Pla~ C~mrnissi°n
- '* *,-=.,;,*,*use [h&"lt" d strict
to develop a contiguous area, or
cluster, for commerce and job
creation.
The Plan Commission should not
use this dmtnct for' spot zon ng .
The Plan Commission and Board of
Zoning Appeals should strive to
minimize lighting~ ~a['klng lots.
fronting major streets, excessive
use of signs, and traffic conflicts in
the "11" District.
Buffering should be strictly upheld
and outdoor storage discouraged.
ess'
communiS~fibn/Utility
· radio/TV
.,
special: l~xeepdon 'Uses
p~bcess ng agriculture
;, p60ducts
· com~e[6 al, s~91rage of.: ag'ricuttural
prdduct~: :,
~meBt sales/~e~[ce
..a Ut~ m o bi'i~/tr u:c~ ~o ~a9 e (~ut~oor)
Business: General Business
shsII be
~ fesce)
U~es
gas s~orage/di~ribution
Rera( manufactudn~
~ qua~
: Communicafion/UdE~
, pipeline pumping~ s~at~on
~ public wells
,~elecammun~ca~ion facility
' u~i~ substation
Miscellaneous
· aKi~dal la~e o~ pond aw~ one
Creqn sze · ·
Jeffersonville Zonin~ Ordinance
4-2.0'
"11" District
4.20 "11" District Development Standards
Minimum Lot Area:
o2 acres (87,120 square feet}
Minimum Lot Width:
· 200 feet
Maximum Lot Depth: ~., ~'
· 3 times the Lot Width
Minimum Lot Frontage:
· 100 feet on a Public Street with
access fram said Public Street
Sewer and Water:
· Requires municipal water and sewer
hookup
Minimum Front Yard Setback:
· 35 feet when adjacent to an Arterial
· 25 feet When adjacent to a Local
Street
Minimum Side Yard Setback:
· 30 feet for the Primary and Accessory
Structures ~L~'
Minimum Rear Yard Setback:
· 30 feet fbr the Primary and Assessor7
Structures
property
Line
Maximum Lot Coverage:
· Square feet of ali pdmaw and
accessory structures, and impervious
surface cannot exceed 60% of the Lot
Area ~7 '¢
Maximum Structure Height:
.45 feet for the Primary Structure
· 35 feet for Accessory Structures
Additional Development Standards that Apply
Lot, Yard and Density (LY)
· LY-01 ................. Page7-3
Height (BT}
· HT-01 .................. Page 7-4
Accese0ry Structure (AS)
· AS-01 ...~ ............. PageT-5
Fences and Wails (FW)
· RN-O2 ................ Page 7-8
· Temporary Uses (TU)
TU~)I ....i ............. PageT-9
· TU-83 .................. Page 7-9
Public Improvement {Pi)
· Pk01 ....i ........... Page7-13
Landscaping (LA)
· LN01 ....L.LL.... PageT-14
· LA-02 .., ............. Page7-15
· LA-03 ................ Page7-17
Buffer Ysrd (BY)
· BY-01 ............... Page7-19
Exprassway Buffer
· EB-01 ............... Page 7-24
Environmental (EN}
· E~I-01 .............. PageT-25
Floodplain (FP)
· FP-01 ............... Page 7-27
performance (PF)
· PF-01 ............... Page 7-30
Lighting {LT)
· LT-01 ................. Page 7-31
General Signs (GS)
· GS-01 .............. Page 7-32
Temporary Signs (TS)
· TS-02 ......... L..... Page7-34
permanent Signs (PS)
· pS-06 ............... Page 7-38
Parking (PK)
· PK-05 ............... Page 7-40
· PK-06 ............... Page 7-4t
· PK-07 ............... Page 7-43
Loading (L.D)
· LD-01 ................ Page 7-44
Entrances/Drives (ED)
· ED-01 ............... Page 7-45
Vision Clearance
-V0-01 .............. Page 7-47
Telecommunication
Facilities (TC)
· TC-01 ............... Page 7-48
· TC-O4 ............... PageT-52
Special Exception (SE)
· SE-01 ............... Page%54
Misceflaneous (MC)
· MC-02 .............. Page 7-55
· MC-04 .............. Page 7-55
· MO-05 .............. PageT-55
· MC-06 .............. Page ?-55
4-21
Ardcte Four: Institutional and Commercial Zonin~ Districts
MINUTES O'F THE JEFFERSONVILLE BOARD OF ZONING APPEALS
January 30, 2001
The regular meeting of the Jeffersonville Board of Zoning Appeals was held on
Tuesday, January 30, 2001 at 8:05 p.m. in the Multi-Purpose Meeting Room,
Room No. 308, of the City-County Building, Jeffersonvilte, indiana. The
Chairman, Hal Kovert, called the meeting to order. The Director of Planning and
Development, Jana Ecker called the Roil, and those Members present were: Hal
KOvert, Betty Ogden, Mary Pat Boone, Girard Vorgang and Richard Hughes.
Also present were Jeffrey Branstetter for Anne Marie Galligan, City Attorney,
Jana Ecker, Director of Planning and Development, and Sharon King, Secretary.
Upon a motion by Mr. Vorgang and a second_ by Mr. Hughes, the Minutes Of the
Regular Meeting held on November 28, 2000 and the Minutes of the Special
Meeting held on January 9, 2001 were approved as written.
SECRETARY'S NOTE: ALL PLAT MAPS PHOTOS ETC. PRESENTED
BEFORE THE BOARD OF ZONING APPEALS ON THIS DATE CAN BE
~ANNING AND DEVELOPMENT
_Reports from Officers, Committees, and Staff A. Appointment of Officers
Jana Ecker, Director of Planning and Development, explained that there were
several administrative items to cover. The first item was the appointment of
Officers. Hal Kovert was re-appointed as Chairman and Mary Pat Boone was re-
s Vice-Chairperson. Anne Marie Galligan was re-appointed
appointed to serve a ..... · -,-~-,- A,,~,eals and Sharon King was re-
to serve as attorney ~'or the
appointed to serve as Secretary,
The next item addressed was the re.appointment of Mr. Hughes to tl~e Board of
Zoning Appeals by Mayor Galligan. Mrs. Ecker reported that Mr. Renfroe's term
· expired and Betty Qgden was appointed to serve on the Board of Zoning
Appeals. Mrs. Ecker expressed gratitude for Mr. Renfroe's 22 years of service on
the Board and advised that a reception to honor Mr. Renfroe will be announced
at a future date.
B. Flood Plain Management
Larry Decker, Jeffersonville Building Commissioner, appeared before the Board
and presented the guidelines on FIqod Plain Management distributed by the
Department of Natural Resources. Mr. Decker explained to the Board that under
the new Jeffersonville Zoning Code, property in the floodplain must be granted a
variance in order to develop the propertY. If the variance is approved, the
2. The use'and value of the 'area adjacent to the property included in
the variance will not be affected in a substantially adverse manner.
3. The strict application of the terms of the jeffersonville Zoning
Ordinance would resu!t in 8n unnecessary hardship in the use of
the property.
Based on the findings described above, the Board approved the variance
request.
The next item to come before the Board was an application filed by Storage
Solutions Unlimited for a variance to development standards permit, and for a
Special Exception to allow a mini-storage facility in a C2 (Medium to Large
General Commercial) district. The property is'located at 5814 Hamburg Pike.
The variance requested from the Zoning Code is as follows:
Article 7 Development Standards, Section 7.20, PK-01 (A); to allow 12
parking spaces in lieu of the approximate 40 parking spaces required.
Jason Copperwaite, Paul Primavera and Associates, appeared before the Board
. and explained that he is requesting the Special Exception to allow for the
construction of a mini-storage facility at 5814 Hamburg Pike. He told the Board
that the property is zoned C-2 (Medium to Large General Commercial) and
requires a Special Exception for the construction of a storage facility.
Jana Ecker, Director of Planning and Development, explained to the Board that
Article 7 of the new Zoning Code is inclusive of all warehouse type facilities and
with this particular storage facility, not much parking space is required, as
customers would drive up to the storage facility and load and unload their goods
and depart.
No phone calls or letters were received in opposition to this application.
Thereafter, the Board unanimously made the following Findings of Fact on the
request for Special Exception:
1. The special exception wilt not be injurious to the public heath, safety,
moral and general welfare of the community.
2. The requirements and deveiopment standards for the req'uested use
prescribed by this Ordinance will be met;
3. Granting the special exception will not subvert the general purpose of
the Zoning Ordinance and will not permanently injure other property
and uses in the same district.
tO
4. The proposed Use will be consistent with the character of the district
therein, the spirit and intent of the Zoning Ordinance, and the
Jeffersonville Comprehensive Plan.
Based on the findings described above, the Board approved the Special
Exception.
Thereafter, the Board unanimously made the following Findings of Fact on the
variance to development standards permit:
The variance of the development standards will not be injurious to
the public health, safety, moral, and general welfare of the
community.
The use and value of the area adjacent to the property included in
the variance will not be affected in a substantially adverse manner.
The strict application of the terms of the Jeffersonville Zoning
Ordinance would result in an unnecessary hardship in the use of
the property.
Based on the findings described above, the Board approved the variance
request.
The next item to appear before the Board was an application filed by Rober[ Lynn
Co., Inc., for a development standards permit to allow construction of a single-
family condominium developmen~ partially in a floodplain. The property has an
address of 2005 Allison Lane. The property is zoned C-1 (Small to Medium
Scale General Commercial) in the front along Allison Lane and M-2 (Multi-family
Residence) in the rear, with a petition for rezoning pending. The variance
requested from the Zoning Code is as follows:
Article 7 Development Standards, Section 7.14, FP-01, Page 7-27
(Floodplain Standards); to allow filling and construction in the floodplain.
David Blankenbaker, 422 Meigs, Jefferso'nville, appeared before the Board on
behalf of Robert Lynn and explained that they are requesting approval to allow
construction of a single-family condominium development partially in the
floodplain. Mr. Blankenbaker told the Board that they would abide by the DNR
requirements for construction in the floodplain.
No phone calls or etters were received in opposition to this application.
MINUTES OF THE JEFFERSONVILLE BOARD OF ZONING APPEALS
May 25,2004
The regular meeting of the Jeffersonville Board of Zoning Appeals was held on
· Tuesday, May 25, 2004 at 6:45 P.M. in the Multi-Purpose Meeting Room, Room
No. 308, of the City-County Building, Jeffersonville, Ind aha. The Chairman, Hal
Kovert, called the meeting to order. The Director of Planning and Development
Chris Padgett cailed the Roil, and those Members present' were: Hal Kovert,
Betty Ogden, Richard Hughes, and Douglas Messmore, Those members
absent: Mary Pat Boone. Aisc present were Leslie D. Merkley, City Attorney,
Chris Padgett, Director of Planning a:nd Development, and Sharon King,
Secretary.
(SECRETARY'S NOTE: ALL PLAT MAPS, PHOTOS, ETC. PRESENTED.
BEFORE THE BOARD OF ZONING APPEALS ON THIS DATE CAN BE
FOUND IN THE OFFICE OF PLANNING AND DEVELOPMENT)
_Reports from Officers, Committees, and Staff..
Leslie D. Merkley, City Attorney administered the oath to all those planning to
provide testimony.
Old Business
None.
New Business,
The next item of business to come before the Board was an application filed by
Job Rentals and Sates, LLC requesting a Special Exception Use from Article 4,
Section 4.19, page 4-20 of the Jeffersonville Zoning Ordinance to allow heavy
equipment sales and rentals in the I1: Business Park/Light Industrial Zoning
District. Also requesting a Development Standards Variance from Article 7,
Section 7.20, Page 7-40 to allow a portion of the parking/display area to be
surfaced with crushed stone in lieu of the asphalt paving required. The address
of the property is 6104 Sable Mill Court, which is in Phase Itl, Section 3 of the
Silver Creek Business Center.
John Walling, 7393 Pete Andres Road~ appeared before the Board and explained
that they are requesting a Special Exception to operate an equ pment sales and
leasing business at 6104 Sable Mill Court in the Silver Creek Business Center.
The zoning of the property is I1. He told the Board that a Special Exception in an
I1 district allows the land use. He explained that there are currently other
businesses operating in the Silver Creek Business Center that are very similar in
nature. Mr. Wailing explained to the Board that contractor and construction
Ms. Ogden t0ld the Boa'rd that from her experience most stylist work 3 days a
week for approximately 6 hours a day and that the proposed parking plan is
adequate.
No letters Or phone calls were received in opposition to the application.
Thereafter, the Board unanimously made the following Findings of Fact on the
Development Standards Variance to allow 40% of the proposed parking spaces
to be located in front of the primary structure:
1. The variance of the devblopment standards will not be injurious to
the public health, safety, moral, and general welfare of the
community.
2. The use and value of the area adjacent to the properly included in
the variance will not be affected in a substantially adverse manner.
3. The strict application of the terms of the Jeffersonville Zoning
Ordinance would resu!t in an unnecessary hardship in the use of
the property.
Thereafter, the Board made the following Findings of Fact on the Development
Standards Variance requesting a reduction in the required number of parking
spaces:
1. The variance of the development standards will not be injurious to the
public health, safety, moral, and general welfare of the community.
2. The use and value of the area adjacent to the property included in the
variance will not be affected in a substantially adverse manner.
3. The strict application of the ten'ns of the Jeffersonville Zoning Ordinance
would result in an unnecessary hardship in the use of the property.
Based on the findings described above, the Board approved the variance request
with the condition that the parking spaces be increased to 32 spaces.
Chairperson Hal Kovert resumed the meeting.
The next item to come before the Board was an application filed by Storage
Solutions Unlimited at 5814 requesting a Special Exception Use from Article 4,
Section 4.13, Page 4-14 of the Jeffersonville Zoning Ordinance to allow the
outdoor display and sales of small utility trailers in the C2: Medium to Large
General Commercial Zoning District; Requesting a Use Varianoe from Article 4,
Section 4.13 and 4.15, Page 4-14 and 4-16 to allow the outdoor storage of
vehicles and equipment (&xcluding junk vehicles) in the C1 and C2 zoning
districts. Also requesting a Special Exception Use from Article 7, Section 7.14,
Page 7-27 to allow a paved private parking/storage area within the floodplain.
Paul Primavera, 301 E. Chestnut Street, Corydon, IN, appeared before the Board
and explained that they are requestin§ a Special Exception Use from Article 4,
Section '4.13, Page 4-14 of the Jeffersonville Zoning Ordinance to allow the
outdoor display and sales of small utility trailers in the C2: Medium to Large
General Commercial zoning districts. He told the Board that they are also
requesting a Use Variance from Article 4, Sections 4.13 and 4.15, Pages 4-14
and 4-16 to allow the outdoor storage'of vehicles and equipment (excluding junk
vehicles) in the C1 and C2 zoning districts. Mr. Primavera also explained that
they are requesting a Special Exception Use from Article 7, Section 7.14, Page
7-27 to allow a paved private parking/storage area within the floodplain. He told
the Board that the current site is a mini-storage facility. He explained that the
owner of this property and the property immediately adjoining to the South, would
like to expand to include the use of outside storage for equipment such as motor
homes, boats, etc. Mr. Primavera explained that this use would seem to be
consistent with that of a mini-storage facility. He also explained that the owner
would like to have the opportunity for the sale of small utility trailers in an area to
be provided and managed from the existing office building on the site.
Mr. Primavera explained to the Board that the owner Mr. Hubbuch has been
negligent in fulfilling the terms of his original plan but will provide screening and
shrubbery on the site and will meet the requirements Of the Zoning Code.
Mrs. Ogden requested that the 2001 Development Plan be completed prior to
voting on the current application.
Chris Padgett, Director of Planning and Development, explained to the Board
that the following issues remain: (1) island re-established along Hamburg Pike,
(2) gravel removed, arid (3) landscaping completed.
Mr. Primavera explained to the Board that Mr. Hubbuch did not deliberately non-
comply and is willing to post a bond so he can get his Bureau of Motor Vehicle
license and continue the operation of his business.
John Tewell appeared before the Board and explained that he objects to any
expansion of Mr. Hubbuch's business. He told the Board that he wants Mr.
Hubbuch to erect a fence because Mr. Hubbuch is encroaching on his property.
Camie Stahl appeared before the Board and explained that Mr. Hubbuch
removed two sections of her fence without consulting with her.
Mr. Padgett, Director of Planning and Development, explained to the Board that
they could consider requesting a bond or letter of credit from Mr. Hubbuch to
approve the outdoor sales of small utility trailers on the triangle section of the
properly only and table the remainder of the application to allow Mr. Hubbuch to
comply with the conditions of his original Development Plan.
Thereafter, the Board unanimously made the following Findings of Fact on the
request for a Use Variance:
1. The variance of use will not be injurious to the publio health, safety,
moral, and general welfare of the community.
2. The use and value of the area adjacent to the property will not be
adversely affected.
3. The need for the use variance does result from conditions unusual or
peculiar to the subject property itseff.
4. The strict application of the terms of the Jeffersonville Zoning
Ordinance would result in an unnecessary hardship in the use of the
property.
5. The epproval of the variance would not contradict the goals and
objectives of the Oomprehensive Plan.
Based on the findings described above, the Board approved the Special
Exception Use request to allow the outdoor display and sale of utility trailers on
the property conditioned upon a letter of credit being provided to ensure
improvements to the site consistent with the approved Development Plan. All
improvements must be made withln 120 days.
Thereafter, the Board unanimously voted to table the application for a Special
Exception Use to allow a paved private parking/storage area within the floodplain
and the Use Variance to allow the outdoor storage of vehicles and equipment
(excluding junk vehicles).
The next item of business to come before the Board was an application filed by
John E. Taylor, II requesting a Development Standards Variance from Article 3,
Section 3.2, Pages 3-3 of the Jeffersonviile Zoning Ordinance to allow a 3.5-foot
side setback in lieu of the 8-feet (10% of lot width) required for an accessory
structure. A 144 sq. ft. detached shed is proposed at 1312 Blackwood Court.
John E. Taylor, II, 1312 Blackwood Court, appeared before the Board and
explained that he is requesting the Development Standards Variance from Article
3, Section 3.2, Pages 3-3 of the Jeffersonville Zoning Ordinance to allow a 3.5-
foot side setback in lieu of the 8-feet (10% of lot width) required for an accessory
structure. He told the Board that he plans to build a 144 sq. ft. shed to replace a
6
MINUTES OF THE JEFFERSONVILLE BOARD OF ZONING APPEALS
July 27, 2004
The regular meeting of the Jeffersonville Board of Zoning Appeals was held on
Tuesday, July 27, 2004 at 7:20 PiM. in the Multi-Purpose Meeting Room, Room
No. 308, of the City-County Building, Jeffersonville, Indiana. The Chairman
Kovert, called the meeting to order. The Director of Planning and Development,
Chris Padgett called the Roll, and those Members present were: Hal Kovert,
Mary Pat Boone, Richard Hughes, and Douglas Messmore. Those members
absent: Betty Ogden. Also present were Leslie D. Merkley, City Attorney, Chris
Padgett, Director of Planning and Development, and Sharon King, Secretary.
(SECRETARY'S NOTE: ALL PLAT MAPS~ PHOTOS, ETC. PRESENTED
BEFORE THE BOARD OF ZONING APPEAL~ ON THIS DATE CAN BE.
'FOUND IN THE OFFICE OF PLANNING AND DEVELOPMEN.T,).
Upon a motion by Mrs. Boone and a second by Mr. Messmore, the approval of
the Minutes of the Regular Meeting held on June 29, 2004 was tabled.
Reports from Officers, Committees, and Staff
None.
Leslie D. Merkley, City Attorney administered the oath to all those planning to
provide testimony
Old Business
The next item to come before the Board was an application filed by Storage
Solutions Unlimited at 5814 Hamburg Pike requesting a Use Variance from
Article 4, Sections 4.13 and 4.15, Page 4-14 and 4-16 of the Jeffersonville
Zoning Ordinance to allow the outdoor storage of vehicles and equipment
(excluding junk vehicles) in the"C1 and C2 zoning districts. Also requesting a
Special Exception Use from Article 7, Section 7.14, Page 7-27 to allow a paved
private parking/storage area within the floodplain. This portion of the original
application was tabled at the May 25, 2004 meeting and again at the June 29,
2004 meeting.
Paul Primavera, 301 E. Chestnut Street, appeared before the Board and
explained that they are requesting a Use Variance to allow outdoor storage of
vehicles and equipment and a Special Exception to allow a paved private
parking/storage area within the floodplain. He told the Board that per their
request a site plan was submitted for their review.
John Tewelt, 5710 Hamburg Pike, appeared before the Board and explained that
while he is not opposed to a storage area on this site, he is requesting that a
privacy fence be installed to protect his property.
Thereafter, the Board unanimously made the following Findings of Fact on the
request for a Use Variance:
1. The variance of use will not be injurious to the public health, safety,
moral, and generat welfare of the community.
2. The use and value of the area adjacent to the property will not be
adversely affected.
3. The need for the use variance does result from conditions unusual or
peculiar to the subject property itself. '
4. The strict application of the terms of the Jeffersonville Zoning
Ordinance would result in an unnecessary hardship in the use of the
property.
5. The approval of the variance would not contradict the goals and
objectives of the Comprehensive Plan.
Based on the findings described above, the Board approved the use variance.
request conditioned upon a fence being erected at the edge of the property, 25'
back from the property line and that the evergreen trees be planted on the
outside of the fence and to screen it.
-thereafter, the Board unanimously made the following Findings of Fact on the
request for a Special Exception:
1. The special exception will not be injurious to the public health, safety,
moral, and general welfare of the community.
The requirements and development standards for the requested use
prescribed by this Ordinance will be met.
Granting the special exception will uot subvert the general purpose of
the Zoning Ordinance and will not permanently injure other property
and uses in the same district.
¸,
The proposed use will be consistent with'the character of the district
therein, the spirit and intent of the Zoning Ordinance, and the
Jeffersonville Comprehensive Plan.
Based on the findings described above, the Board approved the Special
Exception use variance request conditioned upon a fence being erected at the
edge of the property, 25' back from the property line and that the evergreen .trees
be planted on the outside of the fence to screen the'fence.
The next item of business to come before the Board was an application filed by
Frank Irvin of Trinity Service Company requesting a Use Variance from Article 4,
Section 4.22, page 4-23 of the Jeffersonville Zoning Code to allow a snack
shop/restaurant use in the 12: industrial Park/Heavy industrial Zoning District.
Frank Irvin, 6609 Stoneridge, appeared before the Board and explained that
there was a need for a snack shop in the industrial Park complex and that he is
meeting this need.
Mr. Messmore asked about parking. Mr. Irvin exPlained to the Board that there
are 18 parking spaces and that parking is not an issue.
Thereafter, the Board unanimously made the following Findings of Fact on the
request for a Use Variance:
1. The variance of use will not be injurious to the public health, safety,
moral, and general welfare of the community
2. The use and value of the area adjacent to the property will not be
adversely affected.
3. The need for the use v~ariance does result from conditions unusual or
peculiar to the subject property itself.
4. The strict application of the terms of the Jeffersonville Zoning
Ordinance would result in an unnecessary hardsh p in the use of the
property.
5. The approval of the variance would not contradict (he goals and
objectives of the Comprehensive Plan.
Based on the findings described above, the Board approved the Use Variance.
New Business
The next item of business to come before the Board was an application filed by
Tracy and Cristine Powell of 2405 Kingsfield Street requesting a Development
Standards Variance from Article 7, Section 7.6, .gage 7-8 of the Jeffersonville
Zoning Code to allow an 8.5-foot fence in lieu of the 6-foot fence permitted along
the rear and side property lines in the R1 zoning district.