Jeffersonville Plan Commission OKs amendments

By LARRY THOMAS
Larry.Thomas@newsandtribune.com

May 31, 2007 12:05 pm

— The Jeffersonville Plan Commission has given its blessing to proposed amendments to the city’s zoning code that would regulate vehicle sales and services businesses.
On Tuesday, the commission voted 9-0 in favor of the recommendations, which will now be sent to the City Council for review.
The proposed changes to the zoning code were proposed by a committee that was formed in March, following Councilman Ed Zastawny’s introduction of an ordinance to regulate car sales and repair businesses in February. The committee included representation from the City Council, Plan Commission and the types of businesses that would be directly affected by the changes.
Local businessman Ed Flaugh spoke against the proposed zoning changes, saying he believes they are unconstitutional because they are more restrictive than standards enforced on car lots by the Bureau of Motor Vehicles.
“I think it ought to be uniform throughout the state,” Flaugh said. “This is really unfair to the small businessman.”
Mike Hutt, a candidate for City Council, said his concern is that body shops would be permitted in areas zoned for small- to medium-scale general commercial businesses, but vehicle sales would not be permitted there.
“Most of the restaurants up and down 10th Street are in” a small- to medium-scale general commercial district, Hutt said.
In response to a question from Plan Commission member and Councilwoman Connie Sellers, Paul Fetter said, “Nobody is going to lose anything they have” if the zoning changes are adopted.
Fetter is the sales manager at Clark County Auto Auction and he served on the committee that drafted the proposed zoning changes. Many of the auction’s customers are independent used car dealers who could be affected by the zoning changes. However, existing businesses would be grandfathered and not covered by any new zoning ordinance.
Other highlights from Tuesday’s Plan Commission and Board of Zoning Appeals meetings included:
• The approval of ICON-Jeffersonville Development LLC’s amended development plan and development standards variances for the Shoppes of Orchard Hills, located at Holmans Lane and Ind. 62.
• The approval of Arc Construction Management LLC’s development plan and development standards variances for .568 acres at the northeast corner of 10th and Spring Streets, where a Starbucks and an 1,800-square-foot retail-restaurant building will be constructed.
• The approval of Eric Brewer’s development plan for a Rite-Aid at Holmans Lane and Ind. 62.
• The Board of Zoning Appeals tabled Joe Dattilo’s appeal of its March denial of a special exception to allow a garden center at 622 E. Court Ave. Attorney Greg Fifer, representing Dattilo, said he believes that Dattilo’s original request was identified as a garden center because he had asked to sell Christmas trees each December.
But Fifer said Dattilo is willing to limit his sales only to flowers and plants, which would likely allow his business to be defined as a flower shop. Flower shops are allowed by right in downtown-old city commercial zoning districts. Dattilo is permitted to continue operating his business while the zoning board reviews his request.

So you know
The Jeffersonville Plan Commission on Tuesday voted 9-0 in favor of proposed changes to the city’s zoning code that would regulate vehicle sales and services businesses. If the proposal is ultimately adopted by the City Council, such businesses would be restricted to specific zones, including:
• Open-air auto sales with no service component — medium- to large-scale general commercial, business park/light industrial, industrial park/heavy industrial and highway commercial.
• Open-air auto sales with limited mechanical or body shop services — medium- to large-scale general commercial, business park/light industrial, industrial park/heavy industrial and highway commercial.
• Showroom/open-air auto sales with full service mechanical — medium- to large-scale general commercial, business park/light industrial and highway commercial.
• Body shops — small- to medium-scale general commercial, medium- to large-scale general commercial, highway commercial and any industrial zone.
• Mechanical repair shops — medium- to large-scale general commercial, highway commercial and any industrial zone.
• Oil change, tire, brake and muffler shops — medium- to large-scale general commercial, highway commercial and any industrial zone.
• Auto-parts stores — small- to medium-scale general commercial, medium- to large-scale general commercial, highway commercial and any industrial zone.