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HomeMy WebLinkAbout2019-OR-38 241 EASTERN BLVD STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2019-OR- AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 241 EASTERN BLVD (PARCEL#10-19-00-800-025.000-010) AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO M3 Whereas, Ballew Gift Trust, filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 241 Eastern Blvd (Parcel #10- 19-00-800-025.000-010) and fully described in the attached Exhibit A from C2-Medium to Large Scale General Commercial to M3- Multi-Family Residential and, Whereas, on July 23, 2019 the Jeffersonville Plan Commission has certified its unfavorable 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 5, 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 241 Eastern Blvd (Parcel #10-19-00-800-025.000-010) and fully described in the attached Exhibit A is hereby changed from C2-Medium to Large Scale General Commercial to M3- Multi-Family Residential. 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 5th day of August, 2019. Common Council of the City of Jeffersonville, Indiana VOTED FOR: VOT'D, SLR`S • �' 411116 / AA f - Ftak (d Zastawn , President A7: 17)/ci:,___ Vicki Conlin City Clerk // � (D Presented to me as Clerk to the Mayor of said Cit of Jeffers'inville th j5th day of August, 2019. / Vicki Conlin City Clerk This Ordinance approved and signed by me this day of August, 2019. Mike Moore, Mayor Prepared by: Les Merkley Corporate Counsel 0 0 0 0 0 0 0 0 0 -l. n 3 3 3 3 3 3 3 3 3 n C A. A. A. A. A. A. A. A. A. fD Z D r m (D C < ma n . (DrD 0 cur= fp 7' V1 N Vi N N Vi N C 3 3 3 3 3 -0 3 3 3 n al O (Ar- g < —• > x,D v+ = 0 f� -1 (.7) m -0N � m ., D Z rn r— z H v) m m O r G1 13 < 70 O m N V) N• v CD z 3 D W z Q m N N f.:1 < C LID m LD xi O 1 O oo co 0 D O 3 N 0 U7 O 0 O s' O cu O 3 F, eel O n 3 a) 3 a 3� W M. < = O f° -I N M 0 D 3 xxxxxxxxx y ao z a) N -o v rD N_ O• 3 a) rF 6 3 STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF TO REZONE A CERTAIN TRACT 241 Eastern Blvd (Parcel #10-19-00-800-025.000-010) FROM C2(Medium to Large Scale General Commerical)to M3(multi-family residential) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Ballew Gift Trust filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from C2 to M3 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on July 23. 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 thaJuly 23,,2019.__ , the Jeffersonville Plan Commission Favorably qr Unfavorably Recommends that the Jeffersonville Common Council enact by ordinance the proposed--zeg-designation change of the property from C2 to M3 as requested in the petition of Ballew Gift Trust So certified this 23 day of July , 20 19 . A . Chairman .-10--A.- '‘ '\ STAFF REPORT ,rJ Department of Planning & Zoning — Plan Commission A.„,:--- ,--- FO J�v Case Number: PC-19-40 Petitioner: Bellew Gift Trust Location: 241 Eastern Blvd (Parcel #10-19-00-800-025.000-010) Request: Rezoning Proposed Use: Multi-family Residential Zoning: C2 (Medium to Large Scale General Commercial) to M3 (Multi- family Residential) Council District: 1 - Dustin White Date: July 23, 2019 Rezoning Request The applicant filed a rezoning application for an approximately 3.36 acre property located at 241 Eastern Blvd. The current zoning is C2 (Medium to Large Scale General Commercial). Figure 1 shows the location of the subject property. • . �' /.t.., Subject Property ,i,i ' ,. ) ' -41' 5 y?;,p"F-4 JIIM1ls ! '--• .5 �`. s -` 4.,7-4 i ok c�"> )110, 1 . )ii < { . 1, ,)1:::, 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; • The conservation of property values throughout the jurisdiction; and • Responsible development and growth. Page 1 of 5 PC-19-40 241 Eastern Blvd Rezoning Comprehensive Plan and Planning Districts Legend Publicinstitubonal d�'-- Recreation,Open Space Light Industrial / - Heavy Industrial C -Business Parklndustrial Single Family Residential Multi-Family Residential Mixed-Residential -Mixed-Use-Com,Res gm Commercial City Limits rIN, .: - Road Figure 2: Future Land Use Plan Commercial This category includes small to medium commercial development intended to serve both the surrounding neighborhoods and region. Businesses may include downtown or suburban locations. This land use is usually located in concentrations. These areas of concentrations are along the 10th Street corridor, Spring Street corridor, and downtown Jeffersonville. In previous years the redevelopment of downtown has brought many new local businesses. Due to new attractions and improvements there has been accelerated growth and business in downtown making it a strong commercial focal point for the community. Legend LJ Primary Gateways Suburban Neighborhood Traditional Neighborhood/Workplace Suburban Workplace 7 Suburban Marketplace Traditional Marketplace v Regional Marketplace Center Downtown Historic District s t Figure 3: Planning Districts Map Primary Gateways Primary gateway features can delineate and announce one's arrival into a city, neighborhood, or unique public space. These gateway features not only shape a visitor's first impression of the city, but can also reflect the unique features and character of Jeffersonville. Context sensitive enhancements and broad infill redevelopment Page 2 of 5 PC-19-40 241 Eastern Blvd Rezoning guidelines to gateway corridors and adjacent buildings should be identified and recommended. 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. 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 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. Current Zoning The subject property and most adjacent properties are zoned C2 (Medium to Large Scale General Commercial). To the West, across the railroad tracks, property is zoned NI (Neighborhood Industrial). Figure 2 illustrates the zoning within the area. t. "'� 1 Subject Property "4 /00 7,0,- C2 ) 44 C2 "tio, 4?‘tSr Y x -14'7`2, -i` r a Figure 4:Zoning Map Attached Plans & Documents: 1. C2 District Intent 2. M3 District Intent Page 3 of 5 PC-19-40 241 Eastern Blvd Rezoning "C2" District 4.15 C2 District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Permitted Uses The"C2'(Medium to Large Scale Business:Food Sales/Service entertain't) General Commercial)District is •convienence Store(with gas pumps) •office supplies intended to provide a land use •drive-in restaurant •paint store category for most large scale general •grocery/supermarket •plummingsupplies business uses.The provisions that •restaurant •sporting goods store regulate this land use district should Business:General Business •variety store not overly restrict normal business •hotel Institutional/Public Facilites practices.This district can be used •motel •hospital adjacent to all other commercial •plant nursery Miscellaneous districts and the R3,Ml,M2 and •wholesale business •accessory uses M3 residential districts.However, Business:Office/Professional buffering should be provided between •bank/credit union this district and any residential •bank machine/ATM district •drive-through bank machine/ATM Jeffersonville's Plan Commission and •drive-through bank/credit union Board of Zoning Appeals should strive 'office complex Special Exception Uses to use this district with the Cl District •medical/dental clinic to encourage a strong and stable Business:Personal Service Business Auto Sales/Services area for commerce. •barber/beauty Shop •auto body repair •child care(day care) •auto mech.or body repair,major The Plan Commission and Board •auto sales(open air,limited services) • of Zoning Appeals should not drive-thru dry-cleaning service •auto sales(open air,no services) encourage'strip development,' •dry cleaning service •auto rental rather development in clusters that •fingernail salon •auto service(tire or muffler shop) share resources and minimize the 'fitness center/gym •health spa •oil change service cost of public utilities and services. •filling/gas station The Plan Commission and Board of 'tanning salon Business:Recreation •motor-bus station Zoning Appeals should also striveBusiness:Food Sales/Service to minimize lighting,un-landscaped •banquet hall large parking lots,parking lots •bowling alley •convenience store(with gas pumps) fronting major streets,and traffic •theater,indoor(not adult entertain't) Business:General Business video store(not adult entertain't •airport • conflicts in the C2 District ) •boat sales/service Business:Retail •antique shop •funeral home or mortuary •apparel shop •helipad or heliport •department store •sign painting/fabrication •drugstore •railroad station •electrical supplies Business:Recreation •enclosed shopping mall •ball fields •fabric shop •bar/night club(not adult entertain'[) • •flower shop •theater.outdoor(not adult entertain't) Permitted Uses •furniture store Business:Retail •gift Shop •lumberyard Business Auto Sales/Services •hardware store •satellite dish sales/service •auto parts sales •heating&cooling sales/service •kennel(commercial) •auto mechanical repair •home electronics/appliance store Communications/Utilitles •auto sales(open air,w/showroom, •jewelry store •public wells `ull service) •liquor sales •radio/TV station •auto accessory installation •music store •telecommunication facility •auto wash •news dealer/bookstore(not adult 4-16 Jeffersonville Zoning Ordinance Page 4 of 5 PC-19-40 241 Eastern Blvd Rezoning M3 District 3.13 M3 District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"M3"(High Density Multifamily Residential Residential Residential)District is intended to •assisted living facility •child care institution provide a land use category for •dwelling,multifamily(3 to 4 unit) •dwelling,multifamily(duplex) medium-to large-scale multifamily •dwelling,multifamily(5 to 8 units) •residential facility for developmentally disabled developments. The provisions that •dwelling,multifamily(9 to 20 units) •residential facility for mentally ill regulate this zoningdistrict allow a •nursing home Institutional/Public Facilities • mix of multifamily residential uses and retirement community •church,temple,or mosque many primary structure per lot. Miscellaneous Communication/Utilities Jeffersonville's Plan Commission and •accessory uses •telecommunication fadlity Board of Zoning Appeals should strive to integrate this district as a transition Miscellaneous between commercial districts and •home occupation#1 single-family residential districts;or along major thoroughfares. This district should be within close proximity to parks,open space,services,and retail if possible. Avoid locating near conflicting land uses including low- density single-family residential and industrial districts. The Plan Commission and Board of Zoning Appeals should strive to promote a maximum density up to 16 dwelling units per acre in the"M3" district. 3-14 Jeffersonville Zoning Ordinance Page 5 of 5 PC-19-40 241 Eastern Blvd Rezoning CITY OF JEFFERSONVILLE DEPARTMENT OF LAW 7-01..Y13>\ Les Merkley, Corporation Counsel/Director of Legal Affairs 7:k6 wp , "a\ 812-285-6493 office �.‘ 812-285-6403 fax 1;.1&, =��// www.cityofjeff.net SO 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 A CERTAIN TRACT OF PROPERTY LOCATED AT 241 EASTERN BLVD (PARCEL #10-19-00-800-025.000-010) AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO M3 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 241 EASTERN BLVD (PARCEL #10-19-00-800-025.000-010) AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2-MEDIUM TO LARGE SCALE GENERAL COMMERCIAL TO M3-MULTI-FAMILY RESIDENTIAL 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 a certain tract of property located at 241 Eastern Blvd (Parcel #10-19-00- 800-025.000-010) as recommended by the Plan Commission from C2-Medium to Large Scale General Commercial to M3-Multi-Family Residential. A public hearing will be held on August 5, 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 matter 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.