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HomeMy WebLinkAbout2014-OR-39STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2014 -OR- 39 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF 6 PARCELS OF LAND LOCATED IN 200 WEST BLOCK OF COURT AVENUE -BLOCK 27 AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M1 AND R3 TO DC Whereas, Jeffersonville Redevelopment Department filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of 6 parcels of land located in 200 West Block of Court Avenue -Block 27 and fully described in the attached Exhibit A from M1 and R3 to DC: Downtown Commercial; and, Whereas, on July 29, 2014 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 August 4, 2014; 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 6 parcels of land located in 200 West Block of Court Avenue -Block 27 and fully described in the attached Exhibit A is hereby changed from M1 and R3 to DC: Downtown 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 '4 day of August, 2014. Common Council Of The City of Jeffersonville, Indiana VOTED AGAINST: AFfEST: CAL Dennis Julius, ' -sident Vicki Conlin City Clerk , Presented to me as Clerk to the Mayor of said City of Jeffersonville this `/ day of August, 2014. s-CAQA COOL -- Vicki Conlin Iity Clerk This Ordinance approved and signed by me thi_ 2014. Prepared by: Les Merkley Corporate Counsel day •f Aust, Mike oore, Mayor STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Jeffersonville Redevelopment Department PC -14-20 TO REZONE A CERTAIN TRACT Multiple properties described in Exhibit A FROM M1 and R3 to DC(Downtown Commercial) CERTIFICATION O FAVORABL NFAVORABLE/NO RECOMMENDATION OPOSED ORDINANCE Whereas, Jeff. Redevelopment Dept. filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from various to DC ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on July 29, 2014 ; 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 CERTIED that on July 29, 2014 , the Jeffersonville Plan Commission .)or bl c,e ".c s (c -o) that the Jeffersonville Common Council enact by ordinance the pYoposed zoning designation change of the property fromM] and R3 to DC as requested in the petition of Jeffersonville Redevelopment Dept. PC -.14-20 So certified this 29thday of July , 2014 Exhibit A Legal Description of Five Properties 217 W Court Ave LEGAL DESCRIPTION The following described real estate and the improve mcnts thereon situated In the City of Jeffersonville, County of Clark, State of Indiana, to -wit: From the intersection of the northeastedy line of Mulberry Street with the northwesterly line of Maple Street, measure northeasterly 30 feet alopg the northwesterly line of Maple Street to the northeasterly property -line -of lire4owsvllic--& -Jeffersonville -Bridge-and-Railroad--Company; deflecting 90 degrees to the left rneas=re northwesterly 150 feet along said northeasterly Iop! y line, said pr'a:PA;ly ilae . parallel with and 30 feet distant measured northeasterly and gat aright anglee from c northeasterly line of Mulberry Street; thence deflecting 90 degrees to ,the right, measure northeasterly 6 feet to the place of beginning; thence deflecting 9¢ to the lcit, measure northwesterly 299 feet to the southeasterly line of Court Street, pr,evioyis1y known as New Market Street; said last described course being parallel with and 36 feet distance measured northeasterly at right angles to the northerviterly lire of Mulberry . Street; thence deflecting 90 degrees to the right, measure northeasterly 70.2 feet along the southeasterly line of Count Stnee , thence deflecting 90 degrees to the right, measure southeesterty 110 feet; thence deflecting 90 degrees to the left, measure northeasterly 65.6 feet; thence deflecting 90 degrees to the right, measure southeasterly 64 feet; thence diglec ting 90 degrees to the lett, 3neasure northeasterly 28.2 feet;; thence deflectig 90 degrees to the right, measure southeasterly 62 feet; thence deflecting 90 degrees to the right, measure southwesterly 97 feet; thence deflecting 90 degrees to the left, measure eoutbeastedy 63 feet; thence ding 90 degrees to the right, messuuse Southwesterly 67 feet to the place of beginning, containing en area of 30,802 square feet, more or less. Subject however, to the rights of the abutting owners in a private way 10 feet in width as provided for in a deed dated December 15, 1888, recorded in Deed Record 78, page 530 of Clark County, Indiana records. ALSO, the west Thirty-three (33) fleet of Lot No. Five (5) in Block No. Twenty --seven (27) in the City of Jeffersonville, according to the map of said city printed by C. R. Milne in 1839, and also a parcel extending soutbwardly Brom the above parcel a distance of Sixty (60) feet into Out -lot No. 250 of said city, in al] making a parcel 33 feet in width and 110 feet in dept. ALSO, Lot Number Four (4) in Btork No. 27, in the City of Jeffersonville and extending back the same width of said Out -lot No. 250, in said city, a distance of Sixty (60) feet, being 35.4 feet front on Market Street (now Court Avenue), more or less, and 110 feet in depth from the south line of said street. ALSO, a part of Lots 218 and 219 in the City of Jefersonvilk, Clark County, Indiana, described as follows: Beginning on the southerly line of said Lot 219, a distance of 37.25 224 W Maple Street LEGAL DESCRIPTION TRACT ONE Pari of Lot No. 217 in the City of Jeffersonville described as follows: Beginning 30 feet from the northeast corner of Maple and Mulberry Streets; thence Easterly along Maple Street 32.66 feet; thence Northwardly 150 feet to a private alley; thence along the alley, Westwardly 32.66 feet to a point 30 feet from the cast line of Mulberry Street; thence Southwardly 150 feet to the place of beginning. TRACT TWQ All that parcel of land situated in the Town of Jeffersonville, County of Clark and State of Indiana, being a part of Lot Number 217 in the original Town of Jeffersonville, being also a pan of that parcel of land designated Tract "B" on a plan of survey made by B. L. Fewell & Assoc., Inc., dated July 27, 1977 and revised January 18, 1980, and bounded and described according to said plan as follows, to - wit: Co urnencing at a point on the easterly line of Mulberry Street (60 feel wide) distant 200 feet measured South 40 deg. East from the northwest corner of Outlot Number 250, in said original Town of Jeffersonville; thence North 49 deg. 58' 20" East, 36 feet to a point; thence South 40 deg. East, 99 feet to a point in the southeasterly line of a 10 foot wide driveway casement; thence South 50 deg. West, 6 feet along said southeasterly line to a P.K. nail marling the point of beginning for the parcel of land herein to be described; thence South 40 deg. East, 149.48 feet to an iron pin on the northerly line of Maple Street (60 feet wide); thence South 49 deg. 16' 20" West, 30.00 feet along the northerly line of Maple Street to a P.K. nail set at the southwest corner of said Lot Number 217, on the easterly line of Mulberry Street; thence North 40 deg. West 150 feet along the easterly line of Mulberry Street to a P.K. nail set in the southeasterly line of said 10 foot driveway easement; thence North 50 deg. East, 30.0 feet along said southeasterly line to the place of beginning, containing 4,492.20 square feet of land, or 0.103 of an acre, more of less. EXCEPTING AND RESERVING, however, to Penn Central Corporation and The Cleveland, Chicago and St. Louis Railway Company, easements for all existing wire and pipe agreements, occupancies and license, if any, between Penn Central Corporation and The Cleveland, Chicago and St. Louis Railway Company and other parties, of record 0r not of record, that in any way encumber the premises hereinabove described, together with the right 10 convey such easements to the occupant without securing approval of the Grantee herein. Penn Central Corporation and The Cleveland Chicago and St. Lois Railway Company specifically reserves and retains alt rentals, fees and considerations resulting from such agreements, occupancies, licenses and easement conveyances, Subject to any and alt easements and restriction.s of record affecting this real estate. STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: PC -14-20 Petitioner: Jeffersonville Redevelopment Department Request: Rezoning 6 Parcels to DC (Downtown Commercial) Location: 200 West Block of Court Avenue — Block 27 of Jeffersonville Hearing Date: July 29, 2014 Rezoning Request The Department of Redevelopment has applied to have six properties rezoned from R3 (Old City Residential) and M1(Low Density Multifamily Residential) to DC (Downtown Commercial). These properties are also in the Commercial Corridor Overlay District. The six properties combined contain 2.1 acres and are currently vacant. History of the Property The parcels involved in the rezoning are owned by the Redevelopment Department and were purchased as part of the combined sewer mitigation initiative. Prior to the City's acquisition these properties contained the American Legion and multiple residences. Page 1 of 6 PC -14-20: Court Avenue Rezoning Property Information Parcel # Address Legal Descri • tion Acres 10-19-00-100-572.000-010 224 MAPLE STREET, WEST LOT 217 BLK 27 0.112 10-19-00-100-576.000-010 212 MAPLE STREET, WEST W PT LOT 220 0.176 BLK 27 10-19-00-100-575.000-010 214 MAPLE STREET, WEST PT LOT 219 BLK 27 0.178 Zoning Change Procedure The Jeffersonville Zoning Ordinance and Indiana State Statute IC 36-7-4 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. Comprehensive Plan & Planning Districts The property along Court Avenue is in the "Court Avenue Gateway" planning district. This district "is an important corridor not only because it serves as a link between the interstate and Spring Street but also because of the numerous government buildings lining its length east of Spring Street. Streetscape standards along its rout should reflect such a high profile corridor. This gateway will be more traditional in design to respond to the historic character of this area of Jeffersonville." The property along Maple Street is in the "Downtown Historic District". This district "is characterized by its location near the center of the population it serves. This district is comprised of predominantly office, commercial, civic, high-density residential and cultural land uses. It has a grid pattern of streets designed to Page 2 of 6 PC -14-20: Court Avenue Rezoning accommodate a Targe volume of vehicular traffic and public transportation. There are provisions for on -street and Tong -term parking of vehicles and for substantial pedestrian and non -vehicular movement within the district. Buildings are generally the greatest in volume and density in the metropolitan area, and there is public open space including plazas and square. The Downtown Historic District should give identity to the whole community and should provide for a mixture of high density and intensity uses. Unlike the other community forms, the Downtown Historic District is already a geographically defined area that resembles the National Historic District." Downtown Historic District Primary Gateway - 10th St. ://, Primary Gateway - 14th St. ';/.//,,g1; Primary Gateway - 6th St. Primary Gateway - Court Ave. Primary Gateway - Eastem Blvd. Regional Marketplace Center Suburban Marketplace Suburban Neighborhood Suburban Workplace 1111 Traditional Marketplace Traditional Neighborhood Traditional Workplace Page 3 of 6 PC -14-20: Court Avenue Rezoning Existing Zoning The six properties included in this application have R3 and M1 zoning because of the residential structures that use to be located there. All of the remaining properties on this block are currently zoned DC. Commercial property that is close to Interstate 65 is usually zoned HC (Highway Commercial). The property formerly known as the Rose Hill Elementary was rezoned to DC in the fall of 2013. Page 4 of 6 PC -14-20: Court Avenue Rezoning "DC" District 4.9 "DC" District Intent, Permitted Uses, and Special Exception Uses District Intent The "DC" (Downtown/Old City Commercial) District is Intended to provide a land use category for normal commercial uses in the downtown. The provisions that regulate this land use district should make the district compatible with the "R3," "M1" and "M2" residential districts, and "OC" and "C1" commercial districts. Jeffersonvilles Pian Commission should strive to use this district only in the historic downtown area and its Immediate surroundings. Petitions in the "DC" district may be subject to the Historic District Ordinance and Historic Design Guidelines. The Plan Commisslon and Board of Zoning Appeals should strive to minimi, parking lots In front of or between buildings, rather, encouragfrg`pziw'king behind buildings and'on the street. Permitted Uses Residential • dwelling, single-family (upper floors) • dwelling, two-family (upper floors) • dwelling, multi -family (upper floors) Business: Auto Sales/Services • auto part sales (new) Business: Food Sales/Service • bakery, retail • delicatessen • restaurant Business: General Business • print shop/copy center Business: Personal Service • barber/beauty shop • coin laundry • dry cleaning service • shoe repair •taillor/pressing shop, Business; Office/Professional • architecture fine • bank/credit union •design services • consulting firm • insurance Office • investment firm • planning firm • professional office • reading clinic • real estate office • secretarial service • service organization offices • temporary service agency • title company • travel agency Business: Recreation • video store Businettss: Retail • antique shop • apparel shop • art gallery • art and craft studio • consignment store • department store • fabric shop • flower shop • furniture store • gift shop • hardware store •jewelry store • music store • news dealer/bookstore (not adult entertainment) • office supplies Permitted Uses (cont.) Business: Retail (cont.) • resale store • shoe store • sporting goods store • variety store Miscellaneous •accessory uses Special Exception Uses Residential • bed and breakfast facility • boarding house (owner -occupied) InstitutlonaUPublic Facilities • church, temple or mosque • community center • government office •museum • police/fire station •post office • public park/recreation center •public/private parking area Business: Food Sales/Service • convenience store • farmers market Business: Office/Professional •drive-thru bank/credit union • drive-thru bank machine/ATM Business: Personal Service •drive-thru dry cleaning service Business: Recreation • bar/night club (not adult entertainment) • billiard/arcade room • dance/aerobics/gymnastics studio • karate studio • lodge or private club • theater, indoor (not adult entertainment) Communication/Utilities • telecommunication facility Miscellaneous • home occupation #1 4.10 Page 5 of 6 Jeffersonville Zoning Ordinance PC -14-20: Court Avenue Rezoning "DC1e District 4.10 "DC" District Development Standards Minimum Lot Area: • 2,000 square feet Minimum Lot Width: • 25 feet Minimum Lot Frontage: • 25 feet on a Public Street with access from said Public Street Sewer and Water: • Requires municipal water or sewer hookup Accessory Structures Flat Roof Structures (from highes section of Rat roof) Gable Roof Structures (from highest gable roof) Maximum Structure Height: • 40 feet for the Primary Structure • 15 feet for Accessory Structures Minimum Height: • Two Stories for all Primary Structures unless 2 or more structures on either side are single story Building Rear Envelope) Yard l Selbeck Side Yard Setback` Front Yard Setback R.O.W. R.D.W. • As Dame on Thoroughfare Plan Minimum Front Yard Setback: • 0 feet when adjacent to an Arterial • 0 feet when adjacent to a Local Street, Minimum Side Yard Setback: • 0 feet Maximum Side Yard Setback: • 0 feet Minimum Rear Yard Setback: • 0 feet for the Primary Structure •0 feet for Accessory Structures Minimum Lot Coverage: • Square feet of all impervious areas, and primary and accessory structures, cannot be below 80% of the Lot Area Minimum Main Floor Area: • 1,000 square feet for Primary Structures Minimum Floor Area Per Unit: • 850 square feet average per Dwelling Unit in a multiple -unit Primary Structure Additional Development Standards that Apply. Lot, and peneit (LY) • oPage Height (HT) • TPap 7.4 Accessory Structure (7g) • -5 • FW-0e2a and WaIIPage 7-8 ag i Temporary Uses (7U) •TU -01 Page 7-9 •TU -03 Page 7-9 • Home occupation gel -10 • HO -02 Page7-11 • PI -01 c Improve age (PI) 3 Landscaping (LA) • LA -01 Page 7-14 • LA -02 Page 7-15 • LA -04 Page 7.18 Buffer Yard (BY) • BY -01 Page 7.19 Exprssway Buffer (ES)`> • EB -01 Page 7-24 Environmental (EN) • EN -01 Page 7-25 Floodplain (FP) •FPage ) 4 a 7-27 Performance (PF • Page 7-30 Lighting (LT) • LT -01 Page 7-31 • General Signs l' (ss) 7-32 Temporary Signs (TS) • TS -02 Page 7-34 Permanent Signs (PS) • PS -04 Page -36 • PK -06 Parking (PK) Page 7-40 • PK -07 Page 7-41 • PK -08 Page 7-43 Loading (LD) • L0-01 Page 7-44 Entrances!Drives (ED) • ED -01 Page 7-45 • Vision Clearance(VC) Telecommunication • TC -01G ties (TC) Page 7-48 • TC -03 Page 7-51 • TC -05 Page 7-52 • SCE --001a1 Except Pa (SE)ag Miscellaneous g•MC-0Pa Page 7-58 • MC -04 Page 7-58 • MC -05 Page 7-58 • MC -06 Page 7-58 • MC -07 Page 7-59 Article Four: Institutional and Commercial Zoning Districts Page 6 of 6 PC -14-20: Court Avenue Rezoning 4-1 CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley, Corporation Counsel/Director of Legal Affairs 812-285-6493 office 812-285-6403 fax www.cityofjeff.net 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 6 PARCELS OF LAND LOCATED IN 200 WEST BLOCK OF COURT AVENUE -BLOCK 27 AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M1 and R3 TO DC NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF 6 PARCELS OF LAND LOCATED IN 200 WEST BLOCK OF COURT AVENUE -BLOCK 27 AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M1 AND R3 TO DC 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 6 parcels of land located in 200 West Block of Court Avenue -Block 27 and fully described in Exhibit A from M1 and R3 to DC -Downtown Commercial. A public hearing will be held on August 4, 2014 at 7:00 p.m. in the City Council Chambers, 1st floor, City Hall, 500 Quartermaster Court, Room 101, Jeffersonville, Indiana at which time and place all interested persons will be heard in reference to the matters set out in said ordinance. An equal opportunity employer. Les Merkley City Attorney Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423