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HomeMy WebLinkAbout2019-OR-54 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2019-OR- J�! AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 4315 UTICA-SELLERSBURG ROAD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Cl TO C2 Whereas, Cory Richie filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 4315 Utica-Sellersburg Road and fully described in the attached Exhibit A from Cl-Small to Medium Scale Commercial to C2- Medium to Large Scale Commercial and, Whereas, on September 24, 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 October 7, 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 4315 Utica-Sellersburg Road and fully described in the attached Exhibit A is hereby changed from Cl-Small to Medium Scale Commercial to C2-Medium to Large 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. ,Q0i4'- 0R-5k1 SO ORDAINED this 7th day of October, 2019. Common Council of the City of Jeffersonville, Indiana VOTED ' ': VOTED AGAINST: EA I 14 a .. I J -/SPIIIW---af-, 0 - _ . iWfd MY I r'-&///cd, ._.,,, _ it- ejt../ . - . Iv t, - - •9 - t A EST: User Co 1 I I - V�c-- ` re5;c9Q( - Vzi-g- ILL-) Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this h day of October, 2019. / -J:dat-. Vicki Conlin City Clerk This Ordinance approved and signed by me this day of October, 2019. Mike Moore, Mayor Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF: Mr. Cory Richie TO REZONE CERTAIN TRACTS: 4315 Utica-Sellersburq Road FROM: Cl (Sm-Med Scale Commercial) to C2 (Med-Lq Scale Commercial) CERTIFICATION O FAVORABL /UNFAVORABLE/NO RECOMMENDATION OFFROPOSED ORDINANCE Whereas, Mr. Cory Richie 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 C2; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on September 24, 2019 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 September 24, 2019, the Jeffersonville Plan Commission (circle one): Favorably Recommend / Unfavorably Recommends/ Provides NO Recommendation that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from Cl to C2 as requested in the petition of Mr. Cory Richie. So certified this 24th day of September, 2019. �l . ✓c.L mccuti Chairman y Planning Commission b I Staff Report September 24, 2019 \"ill's o _ N Case No: PC-19-50 C.. Location: 4315 Utica-Sellersburg Rd erk Applicant: Cory Richie It\ Request: Rezoning Proposed Use: Auto Body Shop (major) FRSQ Council District: 6 - Scott Hawkins Request 1 'C..• :w ,'-1.-411111 Rezone property from C1 (Sm. to Med-scale Commercial) t, ',• 'k ,4 to C2 (Med. to Sm-Scale Commercial) 1) , x ' ;� :u Case Summary ,� ��_,� ' ;r, ,y,,�.. The applicant requests a rezoning for a 0.47 acre ' AU 1°' .� property located at 4315 Utica-SellersburgRd. The "' t: ` property currently contains a pole barn used for storage. a , �� • tit • : ¢ Ql The applicant is looking to move his existing, ,r l Jeffersonville-based, auto-body shop to the site. Auto `, _ !'� ,;' body shop (major repairs) is not permitted in Cl, but is ' �; allowed as a special exception in 02. /i;4( '6 ',c Staff Finding/Opinion Parcel Map The existing conditions of this site (specifically current zoning and local traffic patterns) do not necessarily align with the Comprehensive Plan's (single-family residential) designation for this property. The proposed land use does, however, align with adjacent districts/designations in the Comp. Plan. Therefore, Staff feels that there is a certain level of flexibility in rezoning this property. Staff notes that the proposed major auto body shop may not be perceived as compatible with the existing residential properties surrounding it. Nevertheless, it may be acceptable, given the mix of existing commercial and industrial properties in the immediate vicinity and the heavy traffic on Utica-Sellersburg road. It is likely to have little impact on the surrounding properties. Criteria for Consideration 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 Action 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-19-50 The following are descriptions of these two planning districts from the Comprehensive Plan. Suburban Neighborhoods These neighborhoods are typically characterized by a range of low to moderately dense residential uses that blend compatibly into the existing landscape and neighborhood areas. High-density uses will be limited in scope to minor or major arterials and to areas that have limited impact on the low to moderately dense residential areas. The Suburban Neighborhoods district will contain diverse housing choices for differing ages and incomes. Suburban Workplace These neighborhoods are characterized by predominantly industrial and office uses where the buildings are set back from the street in a landscaped setting. Suburban work places often contain a single large- scale use or cluster of uses within a master-planned development. The existing zoning and the proposed use does not fit the Suburban Neighborhood model, but is more representative of the Suburban Workplace district. Given the property's location at the edge of two districts, there is greater flexibility in zoning and land-use for this parcel. Current Zoning The subject property is currently zoned Cl (small to 7717 • medium scale commercial). This zone district alows for a most small-scale general business uses. The applicant is looking to use the property for an Auto Body Shop, which L tier does major repairs. This is not a use that is permitted by- right or by special exception in Cl. The proert is surrounded by four large single-family lots - ` , -�'�� (zoned R2) and a large, industrial-zoned property (11). One of the adjacent R2 There are other Cl properties in the 1// immediate vicinity. The image to the right illustrates the zoning within the • area. Subject Property While the proposed major auto body shop may not be perceived as compatible with surrounding residential properties, given the mix of existing commercial and Zoning Map industrial properties it may not be a problem. Additional Note: • The applicant purchased the subject property from the owner of the R2-Property to the west of the property, we assume there is an understanding between these two land owners over the new use/development. Attachments 1. Cl District Intent 2. C2 District Intent Page 3 of 5 PC-19-50 "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 •plumming supplies business uses.The provisions that •restaurant •sporting goods store regulate this land use district should Business:General Bus s •variety store not overly restrict normal business •hotel Instttulon f/Pts lk Facilites practices.This district can be used •motel •hospital adjacent to all other commercial •plant nursery Mscellaneous districts and the R3,Mi,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 clinicBusiness Auto Sales/Services to encourage a strong and stable Business:Personal Service •auto body repair area for commerce. •barber/beauty Shop •auto mach.or body repair,major The Plan Commission and Board •child care(day care) •auto sales(open air,limited services) of Zonin Appeals should not •drive-thru dry-cleaning service g ppea •dry cleaning service •autosales(open air,no services) encourage'strip development,' •auto rental rather development in clusters that •fingernail salon p •fitness center/gym service(tire or muffler shop) share resources and minimize the •oil change service cost of public utilities and services. •health spa •tanning salon •filling/gas station The Plan Commission and Board of •motor-bus station Zoning Appeals should also strive Business:Recreation •banquet hall Business:Food Sales/Service to minimize lighting un-landscaped q •convienience store(with gas pumps) large parking lots,parking lots •bowling alley •theater,indoor not adult entertain t Business:General Business fronting major streets,and traffic ( ) •airport conflicts in the C2 District •video store(not adult entertain't) Business Retell •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 entertaln't) •flower shop •theater,outdoor(not adult entertaln'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 Commis kation»/UBftles •auto sales(open air,w/showroom, •jewelry store •public wells 'Lill 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 5 of 5 PC-19-50 CITY OF JEFFERSONVILLE DEPARTMENT OF LAW G0,Y OA.a Les Merkley, Corporation Counsel/Director of Legal Affairs w ����o&Q\ N812-285-6493 office L. - 01- ►�w W 812-285-6403 fax tifi,� v www.cityofjeff.net )3SSoNJ\ 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 4315 UTICA-SELLERSBURG ROAD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C 1 TO C2 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF CERTAIN TRACTS OF PROPERTY LOCATED AT 4315 UTICA-SELLERSBURG ROAD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Cl-SMALL TO MEDIUM SCALE COMMERCIAL TO C2- MEDIUM TO LARGE SCALE 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 4315 Utica-Sellersburg Road and fully described in Exhibit A from Cl-Small to Medium Scale Commercial to C2-Medium to Large Scale Commercial. A public hearing will be held on October 7, 2019 at 7:00 pm in the City Council Chambers, Pt 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. L 4.-" kj.. c-- Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 An equal opportunity employer.