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HomeMy WebLinkAbout2019-OR-69 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2019-OR- 61 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 902 EAST 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Cl-SMALL TO MEDIUM SCALE GENERAL COMMERCIAL TO NC-NEIGHBORHOOD COMMERCIAL Whereas, Budget Print Center, Roger Fisher filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 902 East 10th Street and fully described in the attached Exhibit A from Cl-Small to Medium Scale General Commercial to NC-Neighborhood Commercial and, Whereas, on November 26,2019 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 December 2, 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 on a portion of 902 East 10th Street and fully described in the attached Exhibit A is hereby changed from Cl- Small to Medium Scale General Commercial to 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 2ND day of December, 2019. Common Council of the City of Jeffersonville, Indiana VOTED O • - VOTED AGAINST: mJ• - **- • /./ IAA A 'Mi. aiht, Ed Zastawny resident ATTEST: 7) e,rneprv• 1C-4.) Vicki Conlin City Clerk Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF: Budget Print Center(Roger Fisher: Applicant) TO REZONE CERTAIN TRACT: 902 E. 10th St. FROM: Cl (Small to Medium Scale General Commercial) to NC (Neighborhood Commercial) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Budget Print Center(Roger Fisher: 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 NC; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on November 26, 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 November 26, 2019, the Jeffersonville Plan Commission (circle one): -Favorably Recommends / Unfavorably Recommends/ Provides NO Recommendation 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 Budget Print Center(Roger Fisher: Applicant) So certified this 26th day of November, 2019. Chairman G�-ry o� Planning Commission A* Iiii — *� Staff Report November 26, 2019 * ii iis: t �` ��'� N Case No: PC-19-69 L ....'j►'...r Lij Location: 902 E. Tenth St. 1 1 101\ 1re� .4 Applicant: Roger Fisher � ��$Q Request: Rezoning Proposed Use: No change - Copy Shop Council District: 1 —Dustin White Request . .0 -. :� ..• v. "`\ Rezone property from Cl (Small to Med Scale . ..;� ;,Y�: Commercial) to NC (Neighborhood Commercial) - `� F �..,r` Case Summary ` The applicant requests a rezoning for a 0.13 acre parcel �' . in the 900 Block of East 10th Street. The property is �' • :��' + ' currently zoned Cl. The applicant is taking part in the ` A, ., , \-,, +' , 1 -, .. # ;; ; ,.� ti;. Planning and Zoning Department's effort to "right-size" ' �, _; the zoning in this area and rezone to Neighborhood �. Commercial. / ' ' Staff Finding/Opinion This area of 10th Street contains a number of tiny commercial properties that do not meet any of the standards set forth in the Cl or C2 zoning designations applied to this area. The Planning Department is working with local business/property owners to "right-size" their zoning designation to the NC (neighborhood commercial) designation, which better matches the scale of their business/property. Staff feels that this rezoning meets all the standards for consideration below. 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-19-69 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 mixed-use commercial/Residential classification in the Future Land Use Map shown below. The proposed NC zoning designation for this property specifically allows for a mix of commercial and residential land uses and, therefore, is consistent with the future land use map. Legend ,i-;:',1 yPublic./Institutional RecreaSon;Open Space ' .':-,:'.71 Light Industnal Subject ® IIIIHeavy indust'ai Property �� IIIIIBusiness Park-Industrial x Single Family Residential `?Muls-Family Residential Mixed-Residential -Mixed-Use-Corn/Res -Commercial ;1111111111111 City Limits Road Future Land Use Plan On the Comprehensive Plan's Planning Districts Map, the property to be rezoned falls within the Traditional Marketplace Corridor planning district. Properties within the Traditional Neighborhood planning district are immediately adjacent to the subject property. e. aF t " 4+ra -- .- Y� -,r "r r �; . : i , � t,`t xy'«r'�/''4,,,i.; rte' a- « .. ✓ , , .,,01,...!.,15Y")):.117- '', ,rt '4".'„ �q A .rx y. ` i" r `fit Subject 21, i, Property -., �' '� �' ' 1 v0 '1' .vim `', �, '� ...._.a ".- _,• ty-t' 7� ..fit,.....'4---. 7... r . , s,...,...0 - ..., .�,:.., _. C.. ��.p a�...i . �' ,. Planning Districts Map Page 2 of 5 PC-19-69 The following are descriptions of these planning districts from the Comprehensive Plan. Traditional Marketplace Corridor 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 these corridors frequently have attached residential uses. Traditional Neighborhood/Workplace This planning district is characterized by a mix of traditional neighborhoods interspersed with small to medium scaled commercial uses and legacy industrial sites. It is generally served by a grid pattern of streets with sidewalks and often includes alleys. Residential lots are predominately narrow and often deep, but the neighborhood may contain sections of larger estate lots, and other parcels on which appropriately integrated higher density residential uses may be located. Commercial buildings within the district often have little or no setback from the streets and are well integrated into the residential fabric. New housing opportunities, commercial development/redevelopment and civic/community uses should be encouraged. Expansion/development of legacy industrial uses should be very limited. The proposed NC zoning allows a mix of commercial and residential uses that is consistent with the Traditional Marketplace Corridor district. It is also consistent with the adjacent planning district. Current Zoning •The subject property is currently zoned Cl (Small to i Medium-scale general commercal). While the current use ,co = of the property is appropriate for the Cl zone district, the property dimensions and existing development is much more typical of the Neighborhood Commercial zone district. ;.1' ` " ??a The property is surrounded by a number of properties with ,-• differing zoning classifications including M1 (Low Density fl � Multi-family), R3 (Old City Residential), and other Cl �f properties. Four properties in the immediate vicinity have116, already opted to be rezoned to NC. Subject Additional Notes: Property > • he imDAM Attachments 1. Cl District Intent 2. NC District Intent Zoning Map Page 3 of 5 PC-19-69 r"C1" 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 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 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 •filling/gas station Zoning Appeals should also strive to •fingernail salon BSalesi minimize lighting,parking lots fronting •shoe repair Food / ce major streets,and traffic conflicts in •tailor pressing shop •convienience store(with gas pumps) •tanningsalon •open unenclosed business(farmer's Businesss:Recreation the Cl Districtmarket 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 entertaint) •lodge or private club •video store(not adult entertaint) •miniature golf Business:Retail •public docks •antique shop •theater,outdoor(not adult entertain') •apparel shop Business:Retail •drug store •satellite dish sales/service •electrical supplies •kennel(commercial) Permitted Uses •fabric shop Commudcations/UtIltles •floor coverings •telecommunication facility Business Rete fabs/Sonless •}lower 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 4 of 5 PC-19-69 "NC" District 4.5 NC District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Permitted Uses The"NC°(Neighborhood Commercial) Business:Personal Service Miscellaneous District is intended to provide •Barber/BeautyShop/Nail salon •Accessory Uses a land use category for small- •Child Care(Day Care) •Home occupation#1 scale commercial uses that •Coin laundry •Home occupation#2 provide products and services to •Fitness Center/gym neighborhoods.The provisions that •Health Spa • regulate this land use district should •Pet care/grooming-no outdoor promote appropriate commercial kennels uses that are clearly non-conflicting •Shoe Repair with ajacent neighborhoods in •Tailor/Pressing Shop Jeffersonville Business:Office/Professional Jeffersonville's Plan Commission •Bank Machine/ATM should strive to use this district •Architecture/Planning/Design Firm exclusively for small,existing lots •Contractor office(no outside storage) Special Exception Uses along important road condors in older •Insurance Office P p portions of the City. •Investment Firm Residential The Plan Commission and Board •Medical/Dental/Therapy Clinic •Boarding House(Owner occupied) of Zoning Appeals should strive to •Photography Studio Institutional/Public Facilities exclude businesses from the NV •Professional Office •Community Center district that are not family oriented •Real Estate Office •Government Office or that have an adverse effect on the •Title Company ••Travel Agency Library existing adjacent neighborhoods. Business:Recreation Police/Fire Station •Dance/Aerobics/Gymnastics studio •Post Office •Karate/Martial Arts •Public Park/Recreation Center •Video Store(not adult entertain't) 'Office/Professional Business:Retail •Drive Thru Bank/Credit Union •Antique Shop •Drive Thru Bank Machine/ATM •Apparel Shop Business:Personal Service Permitted Uses •Art Gallery •Dry Cleaning Service(Drop off) Residential(upper floors or rear of •Arts/Crafts Studio •Dry Cleaning Service(Drive Thru) ) •Boutique/Other small retail store �muacstions/Utilities build •Consignment Store •Telecommunications Facility •Dwelling,Single-family •Drug Store •Dwelling,Two-family •Fabric Shop Business:Food Sales/tea •Flower Shop •Bakery,retail •Gift Shop •Convienence Store(no gas) •Jewelry Store •Coffee Shop •Music Store •Delicatessen •News Dealer/Bookstore(not adult •Grocery(small specialty) entertainment) •Ice Cream Shop •Thrift Store •Meat Market Institutional/Public Facilities •Restaurant •Church,Temple,or Mosque Business:General •Print shop/copy center •Bed and Breakfast 4-6 Jeffersonville Zoning Ordinance Page 5 of 5 PC-19-69 CITY OF JEFFERSONVILLE DEPARTMENT OF LAW "1"( Les Merkley, Corporation Counsel/Director of Legal Affairs '� °, - - 93office��� [r! 812-28y-6403 fax •-/ www.cityofjeff.net SONS 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 902 EAST 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C1-SMALL TO MEDIUM SCALE GENERAL COMMERCIAL TO NC- NEIGHBORHOOD COMMERCIAL NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 902 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 a certain tract of property located at 902 East 10th Street as recommended by the Plan Commission from Cl-Small to Medium Scale General Commercial to NC- Neighborhood Commercial. A public hearing will be held on December 2,2019 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. 7241--"-.')4"."?S--- Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 An equal opportunity employer.