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Home My WebLink About2015-OR-35STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2015 -OR- 3.5 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 2415 CHARLESTOWN PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 to R3. Whereas, Infinity Homes & Development filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 2415 Charlestown Pike and fully described in the attached Exhibit A from C2: Medium to Large Scale Commercial to R3: Old City Residential; and, Whereas, on June 30, 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 July 20, 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 2415 Charlestown Pike and fully described in the attached Exhibit A is hereby changed from C2: Medium to Large Scale Commercial to R3: Old City 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 o2O day of July, 2015. Common Council Of The City of Jeffersonville, Indiana VOTED R: VOTED AGAINST: ,PIL 1 Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of JeffersonIle this) Lisa Gill, President day of July, 2015. ‘4t, This Ordinance approved and signed by me this 2015. Prepared by: Les Merkley Corporate Counsel 2 Vicki Conlin City Clerk u ly, Mi - Moore, M STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Infinity Homes & Development (PC -15-21) TO REZONE A CERTAIN TRACT 2415 Charlestown Pike (Parcel 10-21-02-100-372.000-009) FROM C2(Medium to Large Scale Commercial) to R3(Old City Residential) CERTIFICATION OF FAVORABLE OF PROPOSED ORDINANCE Whereas, Infinity Homes & Development filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from C2 to R3 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on June 30 , 2015 ; and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to favorablykiftfewerablyinet- recommend the proposed change of zoning designation of the Property to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on June 30 , 2015 , the Jeffersonville Plan Commission avota6( �� ces 6- D that the Jeffersonville Common Council enact by ordinance theloroposed zoning designation change of the property from C2 to R3 as requested in the petition of Infinity Homes & Development (PC -15-21) So certified this3 oth day of June , 2015 . r') Brent Roberts Roberts Chairman Exhibit A Legal Description A PART OF SURVEY N0, 21 OF THE ILLINOIS GRANT IN JEFFERSONVILLE TOWNSHIP. OF CLARK COUNTY, INDIANA, BEING A PART OF THE SAME 36.542 ACRE TRACT CONVEYED TO MARGARET E, WOEHRLE AT DEED DRAWER 12, INSTRUMENT N0. 8533 AND BOUNDED AS FOLLOWS; COMMENCING AT AN IRON SPIKE IN THE CENTERLINE OF THE NEW ALBANY-CHARLESTOWN PI(E WHICH MARKS THE WEST CORNER Or SURVEY N0, 21 OF THE ILLINOIS GRANT, THENCE THE FOLLOWING COURSES; NORTH 54 DEG. 46 MIN. 34 SEC. EAST, 1883,15 FEET WITH SAID CENTERLINE BEING THE NORTHWESTERLY LINE OF SURVEY NO. 21, TO AN IRON SPIKE, THE NORTH CORNER OF THE GREATER CLARK COUNTY SCHOOL BUILDING CORPORATION'S 20 ACRE TRACT (DEED DRAWER 9, INSTRUMENT NO. 3511); THENCE SOUTH 35 DEG, 24 MIN, 12 SEC. EAST, 1206.68 FEET, WITH SAID GREATER CLARK COUNTY SCHOOL BUILDING CORPORATION'S NORTHEAST LINE TO AN IRON PIPE; THENCE SOUTH 35 DEG. 24 MIN. 12 SEC. EAST 9D.39 FEET, WITH A NORTHEAST LINE OF AN 18.217 ACRE PARCEL. TO AN IRON PIN WHICH IS THE TRUE PLACE OF BEGINNING, THENCE THE FOLLOWING COURSES OF THE BOUNDARY: SOUTH 35 DEG, 24 MIN, 12 SEC. EAST, 1010.87 FEET TO AN IRON PIPE; SOUTH 35 08G. 24 11I14, 12 SEC. EAST, 22.59 FEET TO AN IRON SPIKE IN THE CENTERLINE OF THE JEFFERSONVILLE-CHARLESTOWN PIKE; SOUTH 21 DEG. 09 MIN. 19 SEC. WEST, 274.69 FFr, WITH THE CENTERLINE OF THE JEFFERSONVILLE-CHARLESTOWN PIKE TO AN IRON SPIKE, WHICH IS THE EAST CORNER OF SAID 18.217 ACRE PARCEL; NORTH 35 DEG. 41 MIN. 25 SEC. WEST, 22,32 FEET, WITH A NORTHEAST LINE OF SAID 18.217 ACRE TRACT TO AN IRON PIN, NORTH 35 DEG. 41 MIN, 25 SEC. WEST, 1162.05 FEET, WITH A NORTHEAST LINE OF SAID 10.217 ACRE TRACT TO AN IRON PIN; NORTH 54 DEG, 28 MIN. 43 SEC. EAST, 235.14 FEET, TO THE TRUE PLACE OF BEGINNING AND CONTAINING 5.916 ACRES OF LAND. THE ABOVE-DESCRIBED TRACT IS SUBJECT TO A FIFTY (50) FOOT WIDE EASEMENT CONVEYED TO THE INDIANA GAS AND WATER CO. AT DEED RECORD 179, PAGE 447 AND DEED DRAWER 9, INSTRUMENT NO. 11163 IN THE OFFICE OF THE RECORDER OF CLARK COUNTY, INDIANA. Parcel #10-21-02-100-372.000-009 Case Number: Petitioner: Location: Parcel: Request: Council District: Hearing Date: STAFF REPORT Department of Planning & Zoning — Plan Commission PC -15-21 Infinity Homes & Development LLC 2415 Charlestown Pike 10-21-02-100-372.000-009 Rezone one parcel from C2 (Medium to Large Scale General Commercial) to R3 (Old City Residential) Preliminary Plat for Edgewood Village Subdivision #4 (Connie Sellers) June 30, 2015 Rezoning Request Infinity Homes & Development LLC filed a rezoning application for a 5.9 acre property located at 2415 Charlestown Pike. The property is currently zoned C2 (Medium to Large Scale General Commercial). The requested zoning is R3 (Old City Residential). 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. Propert Location Veterans Parkway Subject property — 5.9 acres Sunset Mobile Home Park Page 1 of 9 Courtyards of Buttonwood PC -15-21: 2415 Charlestown Pike Rezoning & Plat Comprehensive Plan & Planning Districts This property falls within the Suburban Neighborhoods Planning District of the Comprehensive Plan. The plan provides the following guidance for this district: "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 choices for differing ages and incomes. New neighborhoods are encouraged to incorporate these different housing types within a neighborhood as long as the different types are designed to be compatible with nearby land uses. These types may include, but not be limited to large lot single family development with cul-de-sacs, neo- traditional neighborhoods with short blocks or walkways in the middle of long block to connect with other streets, villages and zero -lot line neighborhoods with open space, and high density multi -family condominium style or rental housing. The Suburban Neighborhoods District may contain open space and, at appropriate locations, civic uses and neighborhood centers with a mixture of uses such as offices, retail shops, restaurants and services. These neighborhood centers should be at a scale that is appropriate for nearby neighborhoods. The Suburban Neighborhoods District should provide for accessibility and connectivity between adjacent uses and neighborhoods by automobile, pedestrian, bicycles and transit. Neighborhoods streets may be either curvilinear, rectilinear or in a grid pattern and should be designed to invite human interaction. Streets are connected and easily accessible to each other, using design elements such as short block or bike/walkways in the middle of long blocks to connect with other streets. Examples of design elements that encourage this interaction include narrow street widths, street trees, sidewalks, shaded seating/gathering areas and bus stops. Placement of utilities should permit the planting of shade trees along both sides of the street." Page 2 of 9 PC -15-21: 2415 Charlestown Pike Rezoning & Plat - Downtown Historic District KT A Primary Gateway - 10th St. 4. Primary Gateway - 14th St. ///G Primary Gateway - 6th St. ME Primary Gateway - Court Ave. Primary Gateway - Eastern Blvd. Regional Marketplace Center - Suburban Marketplace Suburban Neighborhood - Suburban Workplace 1111 Traditional Marketplace 1111 Traditional Neighborhood - Traditional Workplace 2415 Charlestown Pike Figure 1: Planning District Map Zoning The property is adjacent to the Sunset Mobile Home Park and the Flagstaff Subdivision. All adjoining properties are zoned for residential uses. The only nearby property with commercial zoning is a seven acre parcel at the intersection of Charlestown Pike and Woehrle Road — this is zoned C1 (Small to Medium Scale Commercial). Page 3 of 9 Figure 2: Zoning Map PC -15-21: 2415 Charlestown Pike Rezoning & Plat Request for Preliminary Plat Approval The petitioner is requesting approval of a preliminary plat for the proposed Edgewood Village Subdivision that includes 27 lots, common area, and a public street. An approval would be contingent on the City Council approving the change in zoning classification. The applicant is requesting a waiver from the development standards of the R3 district in Article 3.8 of the Zoning Ordinance. The standard requires a 20 -foot front yard setback or the average of the adjacent lots — whichever is less. The proposed subdivision establishes a minimum setback to 10 feet for all lots. Preliminary Plat Procedure The Jeffersonville Subdivision Control Ordinance outlines that the Plan Commission should find that the proposed Preliminary Plat is coordinated with the Jeffersonville Comprehensive Plan and its provision. Staff Comments The preliminary plat conforms to the standards of the Zoning Ordinance and Subdivision Regulations. All of the lots exceed the 5,000 square foot minimum of the R3 district and the right of way is 50 feet wide. The cul-de-sac street is approximately 900 feet long and the subdivision standard establishes a maximum length of 400 feet. Attachments 1. Letter of Intent 2. Street Photo 3. C2 District Intent 4. R3 District Intent 5. R3 District Standards 6. Preliminary Plat Page 4 of 9 PC -15-21: 2415 Charlestown Pike Rezoning & Plat Matt Toole 122 Bowling Lane Clarksville, IN. 47129 City of Jeffersonville Plan Commission 500 Quartermaster Court Jeffersonville, IN. 47130 Re: Letter of intent regarding 5.916 acres on Jeff -Charlestown Pike To whom it may concern, I am purchasing the above referenced property. l would like to have it re -zoned from C-2, medium commercial to R-3, old City residential for purposes of constructing a single family residential subdivision. I believe this request is consistent with the Jeffersonville comprehensive plan, that it is consistent with the adjoining land uses, is the most desirable, highest and best use for the land, will conserve property values throughout this area and is responsible growth and development. Page 5 of 9 PC -15-21: 2415 Charlestown Pike Rezoning & Plat "C2" District 4.15 "C2" District Intent, Permitted Uses, and Special Exception Uses istret p1 Doge ping n ether rhio1i mirlir i e the est of public utilities an( Commission :yiny �_�... .,.. inimiie` i3USint bail el bar/nig anment:) '.. •(heatenotr, tifAdoor (ad t ntertainment) Business: 2etail . ' iumber yard +satellite dish sales/service kennel (cortn7eral) "04n101.10, ti�in/Utilities public �nittlis radio/T Cation -telecommunication facility 4-16 Page 6 of 9 Jeffersonville Zoning Ordinance PC -15-21: 2415 Charlestown Pike Rezoning & Plat "R3" District 3.7 "R3" District Intent, Permitted Uses, and Special Exception Uses 3-8 Page 7 of 9 Jeffersonville Zoning Ordinance PC -15-21: 2415 Charlestown Pike Rezoning & Plat "R3" District 3.8 "R3" District Development Standards }�—Lot F R.O.W. DAMd on TwapMro Plan Minimum Lot Area: •5,000 square feet/dwelling unit Minimum Lot Width: • 30 feet Minimum Lot Frontage: • 25 feet on a Public Street with vehicular access from said Public Street or rear alley Sewer and Water: • Requires municipal water and sewer hookup Accessory stuctaee 1 Side Yard Setback R.O.W. R.O.W. •An NIrMd on Tho,wohlWe un Minimum Front Yard Setback: • 25 feet when adjacent to an Arterial or RvPranP cPthack whichever is IPsa • 20 feet when adjacent to a Local Street or averaae setback whichever is less Minimum Side Yard Setback: •5 feet per side for the Primary and Accessory Structures Minimum Rear Yard Setback: • 15 feet for the Primary Structure • 3 feet for Accessory Structures R.O.W. R.O.W. •N WNW on lLapplM Pim Maximum Lot Coverage: • Square footage of all Primary and Accessory Structures, and impervious surface cannot exceed 75% of the Lot Area Minimum Main Floor Area: • 960 square feet for one story Primary Structures; or • 700 square feet for the first floor of the Primary Structure, provided that the total Finished Floor Area is 960 square feet or more ddritaonal b�`,e"i�opii� q Fret Roof Structures Gable Roof Structure (from high (fan highest gable roof) section of tat roof) Maximum Structure Height: • 35 feet for the Primary Structure • 18 feet for Accessory Structures •Tr l-02 Page 7-P Lorne Occtq ation (HO).. 1 ; .age 7-10 e71 Politic Impro e.: Pi -01 Landscaping (LA) •UWi;. Pagel -14 •LAA? Page 7-15 Pande9 (PI() ..Page 7 9 • PK -07 ........Pag€ 7.41 • PK -08 Paged d3 • PK -09 .....:;Page 7-13 Article Three: Residential Zoning Districts Page 8 of 9 PC -15-21: 2415 Charlestown Pike Rezoning & Plat 3-9 I3all1»hIIi ;MN; 01 11 IoIh 11171 111 i i��iiir,A1R 3 t o �i -e :11E i Ili9it I� !Ix. ft Fl€ il ni, ir l.} " v I ill /rix; 1 rage a of 1 z41b unariestown rice Kezornng tit Plat CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley, Corporation 812-285-6493 office 812-285-6403 fax www.cityofjeff.net Counsel/Director of Legal Affairs 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 2415 CHARLESTOWN PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO R3 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 2415 CHARLESTOWN PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C2 TO R3 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 leap designation of a certain tract of property located at 2415 Charlestown Pike and fully described in Exhibit A from C2 -Medium to Large Scale Commercial to R3 -Old City Residential. A public hearing will be held on July 20, 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