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Home My WebLink About2013-OR-38STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2013 -OR- 3Y AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 308 East Chestnut Street AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M1 to M2. Whereas, Springhurst Investments filed a petition before the Jeffersonville Commission to change the zoning map designation of the real property located at 308 East Chestnut Street and fully described in the attached Exhibit A from M1: Low Density Multifamily Residential to M2: Medium Density Multifamily Residential; and, Whereas, on August 27, 2013 the Jeffersonville Plan Commission has certified its unfavorable 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, 2013; 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 308 E. Chestnut Street and fully described in the attached Exhibit A is hereby changed from M1: Low Density Multifamily Residential to M2: Medium Density Multifamily Residential 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 1 ( day of , 2013. STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Springhurst Investments, LLC TO REZONE A CERTAIN TRACT 308 E. Chestnut Street (10-19-00-103-458.000-010) FROM M1 to M2 CERTIFICATION OF FAVORABL UNFAVORABL NO RECOMMENDATION OF PROPOCE Whereas, Springhurst Investments filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from Mito M2 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on August 27, 2013 ; and, 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 CERTIF D that on August 27, 2013 , the Jeffersonville Plan Commission v rc& Qr nte+� s 6-0 that the Jeffersonville ��c Common Council enact by ordinance the *oposed zoning designation change of the property from M1 to M2 as requested in the petition of Springhurst Investments, LLC So certified this 27 day of August 27 , 20 13 • 1-e_ 1 Lk Iwo Jos' ; Rodriquez Chairman Exhibit A Legal Description All of Lot No. One Hundred Twenty -Nine (129) and five and seven -tenths (5.7) feet off of the West side of Lot No. One Hundred Thirty (130) all in the City of Jeffersonville, Clark County, Indiana. Subject to any and all easements and/or restrictions of record affecting this real estate. STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Springhurst Investments, LLC TO REZONE A CERTAIN TRACT 308 E. Chestnut Street (10-19-00-103-458.000-010) FROM M1 to M2 CERTIFICATION OF FAVORABL UNFAVORABL NO RECOMMENDATION OF PROPO CE Whereas, Springhurst Investments filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from M1 to M2 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on August 27, 2013 ; and, 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 CERT`IF that on August 27, 2013 , the Jeffersonville Plan Commission okId re/movie, • s 6— a that the Jeffersonville Common Council enact by ordinance theoposed zoning designation change of the property from M1 to M2 as requested in the petition of Springhurst Investments, LLC So certified this 27 day of August 27 , 20 13 • r.. Lk Jos': Rodriquez Chairman Exhibit A Legal Description All of Lot No. One Hundred Twenty -Nine (129) and five and seven -tenths (5.7) fcct off of the West side of Lot No. One Hundred Thirty (130) all in the City of Jeffersonville, Clark County, Indiana. Subject to any and all easements and/or restrictions of record affecting this real estate. STAFF REPORT Department of Planning & Zoning Plan Commission Case Number: PC43-18 Petitioner: Springhurst Investments, LLC Request: Rezoning from M1 to M2 Location: 308 E. Chestnut Street Parcel: 0.37 Acres Parcel #10-19-00-103-458.000-010 Hearing Date: August 27, 2013 Rezoning Request The applicant is requesting a zoning map amendment for one parcel located at 308 E. Chestnut Street. The property is currently vacant, zoned M1 (Low Density Multifamily Residential) and is not in a commercial corridor overlay district. The petitioner is requesting that the property be rezoned to the M2 (Medium Density Multifamily Residential). History of the Property This property was original developed and owned by the Catholic Church that is still active across Chestnut Street. The structure was built in 1940 and was the living quarters for the nuns of the church. Since the property was sold by the Church (date unknown) the building was briefly used as a group home that was manage by LifeSpring Inc. The building has been vacant for at least 18 months. Zoning Change Procedure The Jeffersonville Zoning Ordinance and Indiana State Statute IC 36-7-4 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; a The conservation of property values throughout the jurisdiction; and • Responsible development and growth. Comprehensive Plan & Planning Districts The Jeffersonville Comprehensive Plan as it relates to this rezoning request is as follows: Page 1 of 8 PC -13-18: 308 E.Chestnut Sreet T • The Jeffersonville Comprehensive Plan's Planning Districts Map identifies this property in the Downtown Historic District. The Planning Districts' text describes the Downtown Historic District as follows: "The Downtown Historic District is characterized by its location near the center of the population it serves. This District is comprised of predominantly office, commercial, civic, high-density residential and cultural land uses. It has a grid pattem of streets designed to accommodate a large column of vehicular traffic and public transportation. There are provisions for on -street and long-term parking of vehicles and for substantial pedestrian and non -vehicular movement within the district. Buildings are generally the greatest I volume and density in the metropolitan area, and there is public open space including plazas and squares. The Downtown Historic District should give identity to the whole community and should provide for a mixture of high density and intensity uses. Unlike the other community forms, the Downtown Historic District is already a geographically defined area that resembles the National Historic District." Condition and Character of the District The surrounding area is mostly comprised of single family residences, religious institutions, and low-density multifamily residences. The structures in this district are in various states of condition and the present condition of this building is not detrimental to the neighborhood, but the property has had a tall grass violation this year. Desirable Use of the Land & Conservation of Property Values The current zoning of this property is Low Density Multifamily (M1) which permits apartment, townhouses, and condos. Most of the multifamily dwellings in the neighborhood are zoned M1. There are a few lots zoned M2, but these are undeveloped. The standards of the M1 and M2 district would make it difficult to expand the building or increase the number of dwelling units without variances. Page 2 of 8 PC -13-18: 308 E.Chestnut Sreet rigure vicinity map for iuo ‘...nestnut St. AL Institutional Uses (IS) Old City Residential (R3) Downtown Commercial (DC) Figure 2: Zoning Map Page 3 of 8 PC -13-18: 308 E.Chestnut Sreet Page 4 of 8 PC -13-18: 308 E.Chestnut Sreet 308 E. Chestnut Si. Jeffersonville, IN 47130 Ray Neal Ntititia WNW SVIV34,0:, Sia.3.54,0,112 itayNsiar:ilsetaiicritaiirrmon L 43383.:33$. 1413 fits4 floor 7...,275Sf 3..43 S33443 1.3344i, 333:3..3.33:34 3333334.333433,3.3.33 4,33333‘33334.3 PC-13-18: 308 EChestnut Sreet 308 E. Chminuf Si, .1*.effers0nrific. IN 47i I'L" 14:Ns' telt Rcui ('...11,:12-,iS.1,44 12 0.4.41, 41.1. ,taik, Sccitad Floor 2,275 1,11, (.0 • • .• .:`NN PC-13-18: 308 E.Chestnut Sreet Afil District 3.9 Mi District Intent. Permitted Uses. and Special Exrentinn ti au District Intent The "Mi" (Low Density Multifamily Residential) District is intended to provide a land use category for smell -scale multifamily residential (I,e, duplex, triplex, and quadplex). The provisions that regulate this zoning district allow a limited mix of residential uses and up to two primary structure per lot. The "MI" district is applicable to new and existing developments, small in area, and development standards that recognize multifamily development requires more stringent development standards to protect the qualityof life of tenants Jeffersonville's Plon Commission and Board of Zoning Appeals should use this district for existing developments and carefully for new residential developments, A special exception use should be granted only when a development is clearly comparable to the intent and stondards of this district. Perini ed Uses Residential • child core home • dwelling, multifamily (duplex) • dwelling, multifamily (3 to 4 units) • dwelling, single•lamrly • residential facility for developmentally disabled (4 bedrooms or less) • residential facility for mentally ill (4 bedrooms Of fess( Miscellaneous Use $ accessory uses Special Exception Uses lnstitutiona(/Public Facilities • church, temple, or mosque Miscellaneous Use • home occupation # I 3-10 Jeffersonville Zoning Ordinance Page 7 of 8 PC -13-18: 308 E.Chestnut Sreet M2 District 3.11 PA2 District Intent, Permitted Uses, and Special Exception Uses e 'Ns2' (medium Density Multi idential) District is intended to provide o land use category for small-scale multifamily apartment, townho.n., or condominium dwooprnens.The provisions that reuat this zoning district allow a limited mix of multifamily residential we and one primary structure per lot Jaffcrnvflea Flan Commission and ard of Zoning Appeols should strive tegrate this district near NC, QC, and DC Commercial Districts, and very sensitively near other residential districts This district should also be within close proximity to parks, open space, seNices, and retail if passible Asioid locating near conflicting land J set; The Plan Commission and Board of Zoning Appeals should sirwo promote a maximum density of up lo 8 sielling units per acre in tho "m2' district. e milted Uses Residential dwalittlg, dd dwaikno,,, truioiamtly (3. to multic.rn4 (.5 to Jrits) Miscellaneous tr dal Exception Ues Residential • sssted • dwe:k9, • rr rorTh • ,et'te,r,r't Je,eloarnea4 disabled (.1 betirtxmntar e.51 • OS, dofthol focifity for rriontolly 11 (4 beocrn l. InstitutionalfPublic Facilities • h<temprtt, ar Communication/Utilities • zot,or Miscellaneous • "name ecpation 4*, 3- 12 effersonville Zoning Ordimance Page 8 of 8 PC -13-18: 308 EChestnut Sreet Common Council Of The City of Jeffersonville, Indiana VOTED FOR: VOTED GAI 5 ATTEST: i� Coxa.., Vicki Conlin City Clerk Connie Sellers, President Presented to me as Clerk to the Mayor of said City of Jeffersonville this / 7 day of jrtyA, , 2013 at • .Leit Vicki Conlin City Clerk This Ordinance approved and signed by me this 1 ' f da 2013 at Prepared by: Les Merkley Corporate Counsel Mike Moo -, Mayor