Loading...
HomeMy WebLinkAbout2019-OR-45 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2019-OR- 1-13 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 927 INDIANA AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO Cl Whereas, Mike Leonard for Hogan Real Estate filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 927 Indiana Avenue and fully described in the attached Exhibit A from C2-Medium to Large Scale General Commercial to Cl-Small to Medium Scale General 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 927 Indiana Avenue and fully described in the attached Exhibit A is hereby changed from C2-Medium to Large Scale Commercial to Cl-Small to Medium Scale 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. ao!R-oe- 5 Common Council of the City of Jeffersonville, Indiana VOTED ': VOTED AGAINST: Aife Olaf / 111, .��11�;;. ► u9m�. B&Iwo Ed Zastawny`/esident Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this d day of September, 2019. —IL-- cC � Vicki Conlin City Clerk This Ordinance approved and signed by me this 3rd 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 TO REZONE A CERTAIN TRACT 927 Indiana Ave FROM C2(Medium to Large Scale General Commercial) to Cl (Small to Medium Scale General Commercial) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas,Mike Leonard for Hogan Property Development Co 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 Cl ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on August 27, 2019 ; and, Whereas, at the conclusion of the hearin ti Jeffersonville Plan Commission voted by a majority vote of its entire membership to favorably/unfavorably/not recommend the proposed change of zoning desig tion of ttI e"Property to the Jeffersonville Common Council. IT IS THEREFORE CE TIFI that on u Y 219 , the Jeffersonville Plan Commission Favorably Recommends \ that the Jeffersonville Common Council enact by ordinance the proposed zoning de 'gnation change of the property from C2 to Cl as requested in the_petit6n of Mike Leonard for Hogan Property Development Co . So certified this 27 day of August , 20 19 6-mc , Chairman Exhibit A `''= �•��'' STAFF REPORT �� 14! Department of Planning & Zoning — Plan Commission s�,a Case Number: PC-19-44 Petitioner: Mike Leonard for Hogan Real Estate Location: 927 Indiana Ave Request: Rezoning Proposed Use: Commercial Development Zoning: C2 (Medium to Large Scale General Commercial) to Cl (Small to Medium Scale General Commercial) Council District: 1 — Dustin White Date: August 27, 2018 Rezoning Request The applicant filed a rezoning application for approximately .54 acres of property located at 927 Indiana Ave. The current zoning is C2 (Medium to Large Scale General Commercial). Figure 1 shows the location of the subject property.\ r,- _:-.. --_—_,__________ _____.."_„_„....,„_ _s,,, , ,,.., ,, \., L --, ... „ i } I, . i t ' .'`.4., 'r A.,i ill 1 I IliSubject Property _ 3 M � I \{ 1 IISI '— 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-19-44 927 Indiana Rezoning Comprehensive Plan and Planning Districts lipLegend Public/Institutional - Vacant/Agncultural 4111p 1 Recreation/Open Space Light Industrial Single Family Residential Multi-Family Residential - Mixed-Use - Heavy Industrial MI Commercial . I - Business Park/Industrial II , City Limits Roads Figure 2: Future Land Use 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. Legend Primary Gateways Suburban Neighborhood Traditional Neighborhood/Workplace I. Suburban Workplace * burban Marketplace Traditional Marketplace Regional Marketplace Center ntown Historic District Figure 3: Planning Districts Map Primary Gateways Page 2 of 5 PC-19-44 927 Indiana Rezoning 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 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. Zoning Properties to the North, East, and West are zoned C1 (Medium to Large Scale General Commercial). To the South, properties are zoned C2 (Medium to Large Scale General Commercial). Other properties within the area are zoned HC (Highway Commercial), M2 (Multi-family Residential), and R3 (Old City Residential). Subject Properties C2(proposed C I) HC 1 CI f M2 R3 m_ Figure 4: Zoning Map Attached Plans & Documents: 1. C2 District Intent 2. Cl District Intent Page 3 of 5 PC-19-44 927 Indiana 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 entertaint) 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 •plumming supplies 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 of ZoningAppealsshould not •drive-thru dry-cleaning service (open air,limited services) encourage'strip development' ••dry cleaning service •auto sales(open air,no services) •fingernail salon •auto rental rather development in clusters that •auto service(tire or muffler shop) share resources and minimize the •fitness center/gym cost ofpublic utilities and services. •health spa •oil change service •tanning salon •filling/gas station The Plan Commission and Board of •motor-bus station Zoning Appeals should also strive Business:Recreatlon Business:Food Sales/Service to minimize lighting,un-landscaped •banquet hall large parking lots,parking lots •bowling alley •co Business:eGeneralce store(with gas pumps) •theater,indoor(not adultentertaint Business fronting major streets,and traffic ) conflicts in the C2 District •video store(not adult entertain't) •airport Business:Retail •boat sales/service •antique shop •funeral home or mortuary •apparel shop •helipad or heliport •department store •sign painting/fabrication •drug store •railroad station •electrical supplies Business:Recreation •enclosed shopping mall •ball fields •fabric shop •bar/night club(not adult entertain't) •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/Utilities •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 416 Jeffersonville Zoning Ordinance Page 4 of 5 PC-19-44 927 Indiana 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 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 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 Zoning Appeals should not Business:Personal Service •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) •drive-thru dry-cleaning service •oil change service cost of public utilities and services. •auto wash The Plan Commission and Board of •dry cleaning service •fingernail salon •filling/gasstation Zoning Appeals should also strive to Business:ess:Food Sales/Service minimize lighting,parking lots fronting 'shoe repair •tailor pressing shop major streets,and traffic conflicts in •convienience store(with gas pumps) the Cl District. •tanning salon •open unenclosed business(farmer's Business:Recreation market etc.) •bar/night club(not adult entertain't) Business: Oe/Professlonal •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 entertaint) •apparel shop Business:Retail •drugstore •satellite dish sales/service •electrical supplies •kennel(commercial) Permitted Uses I •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 5 PC-19-44 927 Indiana Rezoning CIT OF JEFFERSONVILLE DEPARTMENT OF LAW Gtr,,„ Ostit,, Les Merkley, Corporation Counsel/Director of Legal Affairs-- N 812-2855-6493 office ce �� � 812-28 -6403 fax ` /v www.cityofeff.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 927 INDIANA AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO Cl NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF CERTAIN TRACTS OF PROPERTY LOCATED AT 927 INDIANA AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2- MEDIUM TO LARGE SCALE COMMERCIAL TO Cl-SMALL TO MEDIUM SCALE GENERAL 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 927 Indiana Avenue and fully described in Exhibit A from C2-Medium to Large Scale Commercial to Cl-Small to Medium Scale 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. -511911‘1?C- Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 An equal opportunity employer.