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Home My WebLink About2015-OR-8STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL V ORDINANCE 2015 -0R - AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 2413 UTICA PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM 121 to PD -R1_ Whereas, Michael Ginsberg filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 2413 Utica Pike and fully described in the attached Exhibit A from R1: Low Density Residential to PD -R1: Planned Development Low Density Residential; and, Whereas, on January 27, 2015 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 February 2, 2015; 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 2413 Utica Pike and fully described in the attached Exhibit A is hereby changed from R1. Low Density Residential to PD- R1:Planned Development Low Density 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 day of February, 2015_ Common Council Of The City of Jeffersonville, Indiana 11: tt CSS C� f_ 1 Aim Vicki Conlin City Clerk VOTED AGAINST: 'sa Gil President Presented to me as Clerk to the Mayor of said City of Jeffersonville this 3 day of February, 2015. 19/2L - Vicki Conlin City Clerk This Ordinance approved and signed by me this I d 2015. Prepared by: Les Merkley Corporate Counsel v j ebrua Mik Moore, Ma or STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Michael Ginsberg (PC -15-01) TO REZONE A CERTAIN TRACT 2413 Utica Pike, Jeffersonville Indiana FROM R1(Low Density Residential) to PD-R1(Planned Development Low Density Residential) CERTIFICATION OFOEAVORABL6 OF PROPOSED ORDINANCE Whereas, Michael Ginsberg filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from R1 to PD -R1 and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on January 27, 2 015 ; and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to favorablyhwifeiveraNspinet 449130114R1804 the proposed change of zoning designation of the Property to the Jeffersonville Common Council. IT IS THEREFORE CERTTIED that on January 27, 2 015 , the Jeffersonville Plan Commission avo,- bk<lac cmA, : c 6,- o that the Jeffersonville Common Council enact by ordinance the Opposed zoning designation change of the property from R1 to PD -R1 as requested in the petition of Michael Ginsberg (PC -15-01) . So certified this 27th day of January , 2015 . Chairman Exhibit A LAND DESCRIPTION Being o 1.7357 ocre (roc( of lond, situated in Survey No. 4 of the Illinois Grant, situated in the City of Jeffersonville, Clork County, Indion° and being more fully described os follows, to wit: Commencing at O Found Iron Pin orad Cop (8lonkenbeker) of the most easterly corner of Lot No. 3 of the Estates of Cherokee Heights, os recorded in Plot Book 11, Poge 52 of the Clork County Record of Plots, being on the southwest- erly tine of Cherokee Terroce, os recorded in Plot Book 6, Page 209 of soil Records; thence South 35' 51'40" Eost along sold southwesterly line of Cherokee Terroce, 421.70 feet to the most northerly corner of a tract of lord conveyed to Gem Resources Revocoble Trust by deed recorded in Instrument No. 200603047 of the Clark County Record of Deeds and being the true place of beginning of lond to be herein described: Thence South 35'51'40" Eost oiong (he southwesterly line of Lot .31 of "Cherokee Terroce" os recorded in Piot Book 6, Page 209 of sold Cork County Record of Plots, 28.40 feet to on Iron Pipe; thence South 58'54'23" East oiong said southwesterly line, o distonce of 64.86 feet to on Iron Pipe; thence North 54'04'15" foe along the southeasterly line of sad Lot 31, a distance of 57.48 feet to on Iron Pipe of the northeasterly corner o/ said Gem Resources; thence South 35'55'45 East °long the northeasterly line of said Gem Resources, 392.85 feet to o point in the centerline of Utica Pike; (hence South 6016'15 15 West olong sold centerline, 177.31 feel; (hence North 35'55'45" West olong the southwesterly line of said Cern Resources, also being (he northeasterly line of The Villoges o/ Perrin Pointe, Section One; 461.95 feet to on Iron Pin; thence North 54' 09'18" Eost along o northwesterly line of sold Gem Resources, 82.70 feet to the Ploce of Beginning and containing 1.7358 ocres of land. OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley, Corporation Counsel/Director of Legal Affairs 812-285-6493 office 812-285-6403 fax www.cityofjeff.net 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 2413 UTICA PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1 TO PD -R1 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 2413 UTICA PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1 TO PD -R1 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 2413 Utica Pike and fully described in Exhibit A from R1 -Low Density Residential to PD -R1 -Planned Development Low Density Residential. A public hearing will be held on February 2, 2015 at 7:00 p.m. 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. An equal opportunity employer. Les Merkley City Attorney Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: Petitioner: Requests: Location: Parcel: Council District: Zoning: Hearing Date: PC -15-01 Michael Ginsberg, Trustee of Gem Resources Rev. Trust Rezoning from R1 to PD -R1, Development Plan, Preliminary Plat 2413 Utica Pike 10-21-00-400-370.000-009 -- 1.5 acres #3 (Tony Wadsworth) R1 (Low Density Residential) January 27, 2014 Rezoning Request Michael Ginsberg filed an application for rezoning the property located at 2413 Utica Pike. The property is currently zoned R1 (Low Density Residential) and is in the Utica Pike Overlay District. The property is identified by the parcel number 10-21-00-400-370.000-009. The requested zoning is PD—R1 (Planned Development — Low Density Residential). The applicant submitted a development plan and a preliminary plat for a subdivision that includes five Tots that would be incorporated with the Villages of Perrin Pointe Subdivision which was approved in March 2014 and is under construction. The proposed subdivision would be called the Villages of Perrin Pointe II. History of the Property The property currently has a 3,755 square foot residence that was built in 1950. The house is approximately 185 feet from Utica Pike and there are multiple accessory structures in the back yard. 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; ■ The conservation of property values throughout the jurisdiction; and • Responsible development and growth. Planned Unit Developments Planned developments are intended to encourage innovations in land development techniques so that the growing demands of the community may be met with greater flexibility, variety in type, design and layout of sites and buildings. Page 1 of 6 PC -15-01: 2413 Utica Pike Property Location Figure 1: Vicinity Map Villages of Perrin Pointe — Platted and under construction Figure 2: Aerial View Page 2of6 PC -15-01: 2413 Utica Pike Comprehensive Plan & Planning Districts The Jeffersonville Comprehensive Plan as it relates to this rezoning request is as follows: • The Jeffersonville Comprehensive Plan's Planning Districts Map identifies this property within Suburban Neighborhood. The Planning Districts' text describes the Suburban Neighborhood District as follows: "The Suburban Neighborhoods District is characterized by predominately residential uses that vary from low to high density and 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 moderate density residential areas. The Suburban Neighborhoods District will contain diverse housing types in order to provide housing choice for differing ages and incomes. New neighborhoods are encouraged to incorporate these different types are designed to be compatible with nearby land uses. These types may include but are not limited to large lot single family developments with cul-de-sacs, neo -traditional neighborhoods with short blocks or walkways in the middle of long blocks to connect with other streets, villages and zero -lot line neighborhoods with open space, and high density multi -family condominium -style or rental housing." - Downtown Historic District Primary Gateway - 10th St. Primary Gateway - 14th St. /%%f/ Primary Gateway - 6th St. SR Primary Gateway - Court Ave. Primary Gateway - Eastern Blvd. Regional Marketplace Center - Suburban Martcetplace Suburban Neighborhood - Suburban Workplace - Traditional Marketplace 1111 Traditional Neighborhood - Traditional Workplace Page 3 of 6 PC -15-01: 2413 Utica Pike Condition and Character of the District The Utica Pike Overlay District (UP -OL) was created to promote and preserve the scenic, natural, and historic character of the Utica Pike Corridor. Utica Pike is unique in many ways, but most specifically it is part of the Ohio River Scenic Route. The general intent is to promote appropriate and sensitive designs that contribute to special characteristics of Utica Pike. The Plan Commission should strive to encourage appropriate landscaping, setbacks and other characteristics that contribute to an enhanced quality of life and that are in the spirit and intent of the Comprehensive Plan. Zoning Parks and Recreational Uses (PR) 2413 Utica Pike Medium Density Multifamily Residential (M2) Attachments 1. Site Photo 2. Preliminary Plat Page 4 of 6 Figure 3: Zoning Map PC -15-01: 2413 Utica Pike Page 5 of 6 PC -15-01: 2413 Utica Pike Page 6 of 6 PC -15-01: 2413 Utica Pike 0 VILLAGES OF PFRRIN POINTE SECTION 3 JEFFERSONVILLE, CLARK COUNTY, INDIANA I I 11-01-14 [)R.,NCN WI PLANNED UNIT DEVELOPMENT AELI JOB D 4a� odr.rtrl ams him OffI (114144-4X1 RI-, ISION DESC1,11,11 ,v