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HomeMy WebLinkAbout2019-OR-24 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2019-OR- AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF CERTAIN TRACTS OF PROPERTY LOCATED AT 903 AND 905 EAST 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Cl to NC Whereas, Edward & Dianna Henley filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 903 and 905 East 10th Street and fully described in the attached Exhibit A from Cl-Small to Medium Scale General Commercial NC-Neighborhood Commercial and, Whereas, on May 28, 2019 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 June 3, 2019; and, Whereas, all interested persons having been given an opportunity to appear before this Common Council and be heard regarding this matter as required by law. Now,THEREFORE, BE IT ORDAINED by the Common Council of the City of Jeffersonville, Indiana, that the zoning designation of the real property located at 903 and 905 East 10th Street and fully described in the attached Exhibit A is hereby changed from Cl-Small to Medium Scale General Commercial NC-Neighborhood Commercial. IT IS FURTHER ORDAINED that the zoning map of the City of Jeffersonville shall be amended to include such change. This ordinance shall be in full force and effect upon its adoption. SO ORDAINED this 3rd day of June, 2019. ?ort-OR-0TY Common Council of the City of Jeffersonville, Indiana VOTED 10 VOTED AGAINST: Marr 14 / diataiII "'" ejr v- AA.Tlr�l� , P1W ,wpnL)Juv Ed Zastawny, President ?:! 4/7_,4/./c Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this 'rd day of June, 2019. Vicki Conl' City Cler This Ordinance approved and signed by me this 3rd day of e, 2019. Mika Moore, Mayor Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF TO REZONE A CERTAIN TRACT 903 & 905 E 10th St FROM Cl (Small to Medium Scale General Commercial)to NC (Neighborhood Commercial) CERTIFICATION OF FAVORABLEIUNFAVORABLE/NO RECOMMENDATION OSED ORDINANCE Whereas, Edward & Dianna Henley filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from Cl to NC ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on May 28, 2019 ; and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to favorably/unfavorably/not recommend the proposed change of zoning designation of the Property to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on May 28, 2019 , the Jeffersonville Plan Commission Favorably Recommends that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from cl to NC as requested in the petition of Edward & Dianna Henley So certified this 28 day of May , 20 19 . L7174fc,,,A Chairman �-"..,,'. ."",.-1w.7:- F_ .„‘ STAFF REPORT ` 'Q ' Department of Planning & Zoning — Plan Commission Case Number: PC-19-20 Petitioner: Edward and Diane Henley Location: 903-905 E 10th St Request: Rezoning Proposed Use: Commercial/Residential Zoning: Cl (Small to Medium Scale Commercial) to NC (Neighborhood Commercial) Council District: 1 — Dustin White Date: May 28, 2019 Rezoning Request The applicant has filed a rezoning application for 2 adjacent parcels of property located at 903 E 10th St. and 905 E 10th St. These parcels are .10 and .11 acres respectively. The current zoning is Cl (Small to Medium Scale Commercial) and the proposed zoning is NC (Neighborhood Commercial). This Zoning request was filled in response to Planning and Zoning's initiative to "Right-size" zoning in this corridor following completion of the 10th Street reconstruction project. Figure 1 shows the location of the subject properties. \I j' �`�/� a.",ham �. \'. ; ;:..,,.„ ...,,- • o* ' —r-- , I: , .., . \\,-- .. .., \ . . . . . ..., . , <!Cf ti \' �� Subject Properties ` -ems_\ ti , ' ' . ,„ ,. -V ; .".• . . .''. �a \. ter, , . ' • . Figure 1: Site Location Zoning Change Procedure The Jeffersonville Zoning Ordinance and Indiana State Statute IC 36-7-4-603 outlines that the following should be considered when the Plan Commission is reviewing a Rezoning Request: • The Comprehensive Plan; • Current conditions and character of structures and uses in each district; • The most desirable use for which the land in each district is adapted; Page 1 of 6 PC-19-06 1002 E 10th St Rezoning • The conservation of property values throughout the jurisdiction; and • Responsible development and growth. Comprehensive Plan and Planning Districts Legend Ps SB An ALB seal Re,reatonrpen:Dace Light Indatnal 1111011 allHeavy nduse al 101,.....n 40 Business PatWIn.4nal • 14% Single Famihi Resdentlal M nt-Fainly RevdMBai t-.. M..e4Resideneal -M.edO se•CcnVRes -Co.cmetcal ElCay Lints Allkis Read Figure 2: Future Land Use Plan The properties to be rezoned fall within the Mixed-Use category in the Future Land Use Map. The following description of Mixed Use is from the Comprehensive Plan. Mixed-Use This use blends a combination of residential, commercial, cultural, institutional, or industrial uses, or allows solely commercial uses. It can be one building, an urban, suburban, or village development. The blend should be physically integrated and functionally related to create a center or community. This use typically creates a greater variety in housing, reduced distances between housing, workplaces and amenities, more compact development, stronger neighborhood character, and should be pedestrian and bicycle friendly. Page 2 of 6 PC-19-06 1002 E 10th St Rezoning Legend Primary Gateways Suburban Neighborhood Traditional Neighborhood/Workplace Suburban Workplace Suburban Marketplace Traditional Marketplace Regional Marketplace Center m t Downtown Historic District Figure 3: Planning Districts Map The properties to be rezoned fall within the"Traditional Marketplace" district in the Comprehensive Plan's "Planning Districts Map." Properties nearby fall into the "Traditional Neighborhood/Workplace district. The following are descriptions of these districts from the Comprehensive Plan. Traditional Marketplace Corridors Traditional Marketplace Corridors are along major roadways where the pattern of development is distinguished by a mixture of low to medium intensity uses such as neighborhood-serving shops, small specialty shops, restaurants, and services. The Traditional Marketplace Corridor was expanded along 10th Street to encourage a form that is more pedestrian oriented with development that has little or no setbacks. The uses in Traditional Marketplace Corridors frequently have apartments or offices on the second story. Buildings generally have little or no setback, roughly uniform heights and a compatible building style. Buildings are oriented toward the street and typically have 2-4 stories. New development and redevelopment should respect the predominant rhythm, massing and spacing of existing buildings. There should also be a connected street and alley system. New development should maintain the existing grid pattern and typical block size with parking provided either on- street or in lots at the rear of buildings. Flexible and shared parking arrangements are encouraged and streets capable of permitting parking on the street is usually desirable. Wide sidewalks, street furniture and shade trees contribute to a pedestrian friendly environment that invites shoppers to make multiple shopping stops without moving their vehicle. The area should also be easily accessible by pedestrians, transit and bicycle users. The attention to discreet signs can also help make this a very desirable form. A premium should be placed on the compatibility of scale, architectural style, and building materials of any proposed developments with nearby existing development on the corridor. Traditional Neighborhoods This form is characterized by predominately residential uses, by a grid pattern of streets with sidewalks and often including an alley. Residential lots are predominately narrow and often deep, but the neighborhood may contain sections of larger estate lots, and also sections of lots on which appropriately integrated higher density Page 3 of 6 PC-19-06 1002 E 10th St Rezoning residential uses may be located. The higher density uses are encouraged to be located in centers or near parks and open spaces having sufficient carrying capacity. Traditional Workplace A Traditional Workplace is a form characterized by predominately small to medium scaled industrial and employment uses. The streets are typically narrow, in a grid pattern and often have alleys. Buildings have little or no setback from the street. Traditional workplaces are often closely integrated with residential areas and allow for a mixture of industrial, commercial and office uses. New housing opportunities should be allowed as well as civic and community uses. Current Zoning The properties to be rezoned are located in an area of town with a large mix of zoning. Properties directly adjacent to the properties are zoned Cl (Medium Small Scale General Commercial), M1(Low Density Multi-family) or R3 (Old City Residential). Other local properties include NI (Neighborhood Industrial) and a NC (Neighborhood Commercial) property that was rezoned to NC earlier this year. ' fir �� Subject Properties .,R3 Cl ti A �A a */ NC A NI , ,,�} . liiir'N it = ' P ., mow+ t A }S!�, M l ' / ieNk, ,...„. %.". 1' J Figure 4: Zoning Map Attached Plans & Documents: 1. R3 District Intent 2. NC District Intent Page 4 of 6 PC-19-06 1002 E 10th St Rezoning "Cl" District 4.13 Cl District Intent, Permitted Uses,and Special Exception Uses District Intent Permitted Uses Permitted Uses The"C1"(Small to Medium Scale Business:Food Sales/Service •liquor sales General Commercial)District is • bakery retail •music store intended to provide a land use •convienence Store(no gas pumps) •news dealer/bookstore(not adult category for most small scale general •delicatessen entertaint) business uses.The provisions that •drive-in restaurant •office supplies regulate this land use district should •drive-thru restaurant • paint store not overly restrict normal business •grocery/supermarket •shoe sales store practices.This district can be used • meat market •sporting goods store adjacent to all other commercial • restaurant •variety store districts and the R3,Ml,and M2 Business:Office/Professional Miscellaneous residential districts. • bank/credit union •accessory uses Jeffersonville's Plan Commission and •drive-through bank machine/ATM Board of Zoning Appeals should strive • insurance office to use this district with the C2 District • real estate office to encourage a strong and stable •travel agency area for commerce. •office complex Special Exception Uses The Plan Commission and Board • Professional offices Business Auto Sales/Services of ZoningAppeals should not Business:Personal Service pP •auto body repair encourage"strip development," • barber/beauty Shop •auto mechanical repair rather development in clusters that 'coin laundry •auto rental share resources and minimize the •child care center(day care) •oil change service cost of public utilities and services. •drive-thru dry-cleaning service •auto wash The Plan Commission and Board of •dry cleaning service •fingernail salon •filling/gas station Zoning Appeals should also strive to Business:Food Sales/Service minimize lighting,parking lots fronting •shoe repair •tailor pressing shop •convienience store(with gas pumps) major streets,and traffic conflicts in •open unenclosed business(farmer's the Cl District. •tanning salon Business:Recreation market etc.) • bar/night club(not adult entertaint) Business:Office/Professional • billiard/arcade room •contractor office • bowling alley •landscape business •dance/aerobics/gymnastics studio Business:Recreation •theater,indoor(not adult entertain't) • lodge or private club •video store(not adult entertaint) • miniature golf Business:Retail • public docks •antique shop •theater,outdoor(not adult entertalnt) •apparel shop Business:Retail •drugstore •satellite dish sales/service •electrical supplies •kennel(commercial) Permitted Uses •fabric shop Communications/Utilities • floor coverings •telecommunication facility Business Auto Sales/Services • flower shop •auto parts sales •furniture store •auto accessory installation •garden shop • gift shop • hardware store • home electronics/appliance store •jewelry store 4-14 Jeffersonville Zoning Ordinance Page 5 of 6 PC-19-06 1002 E 10th St Rezoning "NC" District 4.5 NC District Intent, Permitted Uses,and Special Exception Uses District Intent Permitted Uses Permitted Uses The"NC"(Neighborhood Business:Personal Service Miscellaneous Commercial)District is intended • Barber/Beauty Shop/Nail salon •Accessory Uses to provide a land use category for •Child Care(Day Care) •Home occupation#1 small-scale commercial uses that •Coin laundry •Home occupation#2 provide products and services to •Fitness Center/gym neighborhoods.The provisions •Health Spa that regulate this land use district •Pet care/grooming-no outdoor should promote appropriate kennels commercial uses that are clearly •Shoe Repair non-conflicting with ajacent •Tailor/Pressing Shop neighborhoods in Jeffersonville. Business:Office/Professional •Bank Machine/ATM Jeffersonville's Plan Commission •Architecture/Planning/Design Firm should strive to use this district •Contractor office(no outside storage) Special Exception Uses exclusively for small,existing lots •Insurance Office along important road condors in •Investment Firm Residential older portions of the City. •Medical/Dental/Therapy Clinic •Boarding House(Owner occupied) •Photography Studio Institutional/Public Facilities The Plan Commission and Board • Professional Office •Community Center of Zoning Appeals should strive • Real Estate Office •Government Office to exclude businesses from the •Title Company •Library "NC"district that are not family •Travel Agency •Police/Fire Station oriented or that have an adverse Business:Recreation •Post Office effect on the existing adjacent • Dance/Aerobics/Gymnastics studio •Public Park/Recreation Center neighborhoods. • Karate/Martial Arts Business:Olt ee/Processional •Video Store(not adult entertain't) •Drive Thru Bank/Credit Union Business:Retail •Drive Thru Bank Machine/ATM •Antique Shop Business:Personal Service Permitted Uses •Apparel Shop •Dry Cleaning Service(Drop off) Residential(upper floors or rear of •Art Gallery •Dry Cleaning Service(Drive Thru) building only) •Arts/Crafts Studio •Tattoo/Piercing Shop •Boutique/Other small retail store Communications/Utilities •Dwelling,Single-family •Consignment Store •Telecommunications Facility •Dwelling,Two-family •Dwelling,multi-family ' Drug Store Business:Food Sales/Service 'Fabric Shop •Bakery,retail •Flower Shop •Convienence Store(no gas) 'Gift Shop •Coffee Shop •Jewelry Store •Music Store •Delicatessen •News Dealer/Bookstore(not adult •Grocery(small specialty) •Ice Cream Shop entertainment) •Meat Market •Thrift Store •Restaurant instttuttonal/Public Facilities Business:General •Church,Temple,or Mosque •Print shop/copy center •Bed and Breakfast 4-10 Jeffersonville Zoning Ordinance Page 6 of 6 PC-19-06 1002 E 10th St Rezoning CITY OF JEFFERSONVILLE DEPARTMENT OF LAW GO'Y Les Merkley, Corporation Counsel/Director of Legal Affairs \o N 812-285-6493 office 41 812-285-6403 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 CERTAIN TRACTS OF PROPERTY LOCATED AT 903 and 905 EAST 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Cl TO NC NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF CERTAIN TRACTS OF PROPERTY LOCATED AT 903 AND 905 EAST 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Cl-SMALL TO MEDIUM SCALE GENERAL COMMERCIAL TO NC-NEIGHBORHOOD COMMERCIAL Notice is hereby given that the City of Jeffersonville has filed Ordinance with the Jeffersonville City Council, Jeffersonville, Indiana asking for a change in the zoning map designation of certain tracts of property located at 903 and 905 East 10th Street and fully described in Exhibit A from Cl-Small to Medium Scale General Commercial to NC- Neighborhood Commercial. A public hearing will be held on June 3,2019 at 7:00 pm in the City Council Chambers, 1St floor, City Hall, 500 Quartermaster Court, Room 101, Jeffersonville, Indiana at which time and place all interested persons will be heard in reference to the matters set out in said ordinance. Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 An equal opportunity employer. CITY OF JEFFERSONVILLE DEPARTMENT OF LAW GiT2', 0,c. Les Merkley, Corporation Counsel/Director of Legal Affairs W �wur N 812-285-6493 office 'Igo_ 812-285-6403 fax mn'Igo_ www.cityofjeff.net v ,c.�RSOt4 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 CERTAIN TRACTS OF PROPERTY LOCATED AT 903 and 905 EAST 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Cl TO NC NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF CERTAIN TRACTS OF PROPERTY LOCATED AT 903 AND 905 EAST 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Cl-SMALL TO MEDIUM SCALE GENERAL COMMERCIAL TO NC-NEIGHBORHOOD COMMERCIAL Notice is hereby given that the City of Jeffersonville has filed Ordinance with the Jeffersonville City Council, Jeffersonville, Indiana asking for a change in the zoning map designation of certain tracts of property located at 903 and 905 East 10th Street and fully described in Exhibit A from Cl-Small to Medium Scale General Commercial to NC- Neighborhood Commercial. A public hearing will be held on June 3, 2019 at 7:00 pm in the City Council Chambers, lst 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. _........ ..4,..4,11"6°' Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 An equal opportunity employer.