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HomeMy WebLinkAbout2019-OR-46 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2019-OR- 'live AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 700 BLOCK OF WEST RIVERSIDE DRIVE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Cl to DC Whereas, KJ Development, Inc. (Wesley Johnson, Jr.) filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 700 Block of West Riverside Drive and fully described in the attached Exhibit A from Cl-Small to Medium Scale Commercial to DC-Downtown Commercial and, Whereas, on August 27, 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 September 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 700 Block of West Riverside Drive and fully described in the attached Exhibit A is hereby changed from C1-Small to Medium Scale Commercial 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 3rd day of September, 2019. Common Council of the City of Jeffersonville, Indiana 7 VOT:' ;Orr VOTED AGAINST: at' .21? it,.....if„... ,VP . 1.a., fiJiiIL-7_~,,,...s,, -ordb.,_... _AL../_ :.� /l Al I*kLAA ELS ,! , AfijarAilLILl 'Es Zastawny, P resident rx: 414, Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this rd day of September, 2019. /'' --i (-64- Vicki Conlin City Clerk This Ordinance approved and signed by me this rd day of September, 2019. Mike Moore, Mayor Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF: KJ Development, Inc. (Wesley Johnson, Jr.: Applicant) TO REZONE CERTAIN TRACTS: 700 Block of W. Riverside Dr. and 1000 block of W. Market (two parcels) Qa�c_e l f 0`(°-00-100-3%41, 0o-00°( $ 10-16! -oO-100-333.00O -V/0 FROM: Cl (Sm-Med Scale Commercial) to DC (Downtown Commercial) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, KJ Development, Inc. (Wesley Johnson, Jr.: Applicant) 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 DC; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on August 27, 2019 Whereas, at the conclusion of the hearing t - ersonville Plan Commission voted by a majority vote of its entire membership to 'avorablY ?ryfavorably/not recommend the proposed change of zoning designation of - _ ' e may to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on August 27, 2019, the Jeffersonville Plan Commission (circle one): Favorably Recommends / Unfavorabl Recommends/ Provides NO Recommendation that t - aerson ' Common Council enact by ordinance the proposed zoning designation change of the property from Cl to DC as requested in the petition of KJ Development, Inc. (Wesley Johnson, Jr.: Applicant) So certified this 27th day of August, 2019. 040, Chairman Exhibit A Planning Commission * O Y Staff Report A. .0, . *- August 27, 2019 0 \.,�"; p * _. �, * Case No: PC-19-46 (.. ..... Location: 700 Block W. Riverside Dr. ,,„..r/ Applicant: KJ Development, Inc. Request: Rezoning rA\i Proposed Use: Multi-Family Residential 'S .— �',.- Council District: 1 -- Dustin White Request 1 `t , -7,,,,,,,:- , "i ti Rezone two properties from Cl (Sm-Med Scale 's s4.-/i',±1,:,, \ -,,' Commercial) to DC (Downtown Commercial) ',1, ' �,° ,* Case Summary �� � �, " -' �'10'4,t.,v' --„,..,i4A,,,,---, The applicant requests rezoning for two parcels of land ��rfi� , on the block bounded by Market St., S. Indiana Ave. ,,�E. . ,r Riverside Dr. and the 2nd St. Viaduct. The parcels are separated by the Jeffersonville Flood Wall. The Parcel north of the flood wall is 0.32 acres; the parcel to the south is 0.33 acres. The developer would like to rezone both properties to DC in order to build a multi-family e residential structure with parking encompassing the street level of the building. Staff Finding Staff finds the proposed rezoning satisfies the intent of the Comprehensive plan as it serves to add housing to an existing walkable, commercial center. This proposal has the potential to greatly enhance the conditions and character of the area by removing two mostly-vacant parking lots and filling them with an active residential use. This new use would assist in revitalizing an existing commercial area which has seen a number of vacancies in recent years, by providing more local customers. While the proposed use does not contain the required zoning. The proposed rezoning would not negatively impact local property values and reflects a responsible pattern of in-fill development in the downtown area. Criteria for Consideration of Rezoning The Jeffersonville Zoning Ordinance and Indiana State Statute IC 36-7-4-603 outlines that the following shall be considered when the Plan Commission is reviewing a rezoning request: • The Comprehensive Plan; • Current conditions and character of structures and uses in each district; • The most desirable use for which the land in each district is adapted; • The conservation of property values throughout the jurisdiction; and • Responsible development and growth. Required Actions Make a motion to forward this rezoning to the Jeffersonville City Council with a FAVORABLE recommendation, UNFAVORABLE recommendation, or NO recommendation. Page 1 of 5 PC-19-46 Staff Analysis for Change in Zoning The following is a summary of staff's analysis of the proposed rezoning as it relates to the land use and development policies of the Comprehensive Plan and Zoning Ordinance: Comprehensive Plan and Planning Districts The property to be rezoned falls within the Commercial zoning classification in the Future Land Use Map shown below. Legend Public'Institutional Recreation,Open Space Light Industrial Subject :. MN Heavy Industrial Properties - :Business ParW9ndustnal „ Single Fan*Residential Multi-Family Residential Mixed-Residential -Mixed-Use-Com!Res 1111 Commercial Cly Limits Road Future Land Use Plan The Commercial zoning classification denotes areas of the City reserved for general commercial development. These areas are concentrated in the Downtown and along primary arterial roads so as to serve the local neighborhoods and in some instances the greater region. On the Comprehensive plan's Planning Districts Map, the property to be rezoned falls within the Regional Marketplace Center district. This is shown below. Legend Primary Gateways Subject Riverside Or. Suburban Neighborhood Properties Traditional Neighborhood/Workplace t/ Suburban Workplace Suburban Marketplace h Traditional Marketplace � • Regional Marketplace Center Downtown Historic District Planning Districts Map Page 2 of 5 PC-19-46 The following is a description of this district from the Comprehensive Plan. Regional Marketplace Centers These are centralized mixed-use shopping districts/activity centers designed to meet regional consumer needs. They typically contain a mixture of high-intensity uses including regional shopping, office, services, entertainment facilities and medium to highly dense residential uses. Such Regional Marketplace centers may include a variety of stores under one roof, or may consist of freestanding structures. In the Goals and Objectives for Regional Marketplace Centers within the Comprehensive plan, there are several references to the need for residential housing in these centers. The addition of residential development within these type of existing commercial centers can help increase the vitality of existing businesses (by providing local customers) and increase the general vibrancy of the area. Current Zoning The subject property is currently zoned Cl (Sm-Med Scale Commercial) and contains a former large-scale restaurant building. All the adjacent buildings and lots are also zoned Cl, Other nearby properties are zoned C2 (Med-Lg-Scale Commercial), and NI (neighborhood Industrial property). There is one R3 (Old-city residential) lot nearby. The map below illustrates the current zoning within the area. sf' ! X .'t t2 i 84 t Subject _-T:1 ' ; ;.. L , ' 'y Properties ' 1,F,-.,----- -----7---._,,,,----- f *` a.. ._-.....I.?. r ,.,d. f ., ',gt. ' A ,' , 441.., . In-'4 -i ____, , „:„:„. �', � : d i .. �t'�r.aHiS ., a 7 t "' ,,i iar .f'�,3f�w Zoning Map Attachments 1. Cl District Intent 2. M2 District Intent Page 3 of 5 PC-19-46 "Cl" District 4.13 Cl District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Permitted Uses The'Cl'(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 entertain't) 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/ •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 Zoning Appeals should not Buslness:Personal Service •auto body repair encourage°strip development," •barber/beauty Shop •auto mechanical repair rather development in clusters that •co n 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 Zonin •fingernail salon ••filling/gasstation gAppeals 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(farmers the Cl District. •tanning salon Business:Recreation market etc.) •bar/night club(not adult entertain't) 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 entertain't) • miniature golf Business:Retail • public docks •antique shop • theater,outdoor(not adult entertain't) •apparel shop Business:Retail •drug store •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 9-14 Jeffersonville Zoning Ordinance Page 4 of 5 PC-19-46 "DC" District 4.9 DC District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Permitted Uses The*DC"(Downtown Commercial) ' •Bed and Breakfast •Flower Shop District is intended to provide a land •Hotel •Furniture Store/Upholstery Repair use category for normal commercial •Museum •Gift Shop uses in the downtown.The provisions • •Print Shop/Copy Center/Book •Hardware Store that regulate this land use district Binding/Lithograph •Jewelry Store should make the district compatible Business:Personal Service •Music Store with the R3,Ml and M2 residential •Barber/Beauty Shop •News Dealer/Bookstore(not adult districts,and OC and Cl commercial •Child Care(Day Care) entertainment) districts. •Fitness Center •Office Supplies Jeffersonville's Plan Commission •Health Spa •Paint Store should strive to use this district only •Shoe Repair •Shoe Store in the historic downtown area and its • •Tailor/Pressing Shop •Sporting Goods Store immediate surroundings. Business:Office/Professional Petitions in the DC district may •Architecture/Planning/Design Firm •Bank/Credit Union Special Exception Uses be subject to the Historic District •Consulting Firm Residential Ordinance and the Historic District •Insurance Office Guidelines. •Boarding House(Owner occupied) •Investment Firm Institutional/Public Facilities The Plan Commission and Board •Medical/Dental Center •Church,Temple,or Mosque of Zoning Appeals should strive •Photography Studio to minimize parkinglots in front •Community Center •Professional Office •Government Office of or between buildings,rather, •Reading Clinic •library encouraging parking behind buildings •Real Estate Office •Police/Fire Station and on the street • •Secretarial Service •post Office •Service Organization Offices •Public Park/Recreation Center •Temporary service agency •Public Private Parking Area •Title Company Business:Food Sales/Service •Travel Agency •Convenience Store(no gas pumps) Business:Recreation Business:Office/Professional Permitted Uses •Billiard/Arcade Room •Drive Thru Bank/Credit Union •Bowling Alley Residential(upper floors only) ••Drive Thru Bank Machine/ATM •Dance Aerobics/Gymnastics studio Business:Personal Service •Dwelling,Single-family •Entertainment Venue leg indoor •Dwelling,Two-family paint-ball:laser tag,etc.) •Coin Laundry •Dwellingmulti-family •Dry Cleaning Service(Drop off) •Lodge/private ter,Indoor(notnb •Dry Cleaning Service(Drive Thru) Business:Food Sales/Service •Theater, adult entertain't? •Bakery,retail •Video Store .Nail Salon •Coffee Shop Business:Retail •Tattoo/Piercing Shop •Delicatessen •Antique Shop Business:Recreation •Farmers Market •Apparel Shop •Karate Studio •Grocery •Art Gallery •Night Club(not adult entertainment) •Ice Cream Shop •Arts/Crafts Studio Business:Retail •Meat Market •Beer/Wine/Liquor Shop •Consignment Store •Microbrewery/Microdistillery(size •Department Store Communications/Utilities limits on production area) •Drug Store •Telecommunications Facility •Pubs •Exposition Hall Miscellaneous •Restaurant •Fabric Shop •Home Occupation#1 Business:General •Assisted Living Facility 4-10 Jeffersonville Zoning Ordinance Page 5 of 5 PC-19-46 CITY OF JEFFERSONVILLE DEPARTMENT OF LAW ,�„�„,.9,A-,� Les Merkley, Corporation Counsel/Director of Legal Affairs // • a /may jN 812-285-6493 office ' ul 812-285-6403 fax www.cityofjeff.net ?SONJeffersonville 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 THE 700 BLOCK OF WEST RIVERSIDE DRIVE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Cl TO DC NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF CERTAIN TRACTS OF PROPERTY LOCATED AT THE 700 BLOCK OF WEST RIVERSIDE DRIVE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Cl-SMALL TO MEDIUM SCALE COMMERCIAL TO DC-DOWNTOWN 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 the 700 Block of West Riverside Drive and fully described in Exhibit A from Cl-Small to Medium Scale Commercial to DC- Downtown Commercial. A public hearing will be held on September 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. .....---- 5-1-A.41?S--". Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 An equal opportunity employer.