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Home My WebLink About2015-OR-61STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2015 -OR- /n I AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 2113 ALLISON LANE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1 TO IS Whereas, Freedom Senior Share, LLC filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 2113 Allison Lane and fully described in the attached Exhibit A from R1 -Low Density Residential to IS - Institutional Uses; and Whereas, on October 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 November 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 2113 Allison Lane and fully described in the attached Exhibit A is hereby changed from R1 -Low Density Residential to IS - Institutional Uses. ITIS 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 112 day of November, 2015. Common Council Of The City of Jeffersonville, Indiana VOTED FOR: FEST Vicki Conlin City Clerk Lisa G II President Presented to me as Clerk to the Mayor of said City of Jeffersonville this / y z(d, day of November, 2015. This Ordinance approved and signed by me this 2015. Prepared by: Les Merkley Corporate Counsel Vicki Conlin City Clerk day ofvember, Mike Moore, Mayor STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Freedom Senior Share LLC (PC -15-36) TO REZONE A CERTAIN TRACT 2113 Allison Lane FROM R1(Low Density Residential) to IS(Institutional Uses) CERTIFICATION OF FAVORABLEMNF4WORABLEINO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Freedom Senior Share LLC 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 IS ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on October 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 favorabl rt recommend the proposed change of zoning designation of the Property to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on October 27, 2 015 , the Jeffersonville Plan Commission \i -c,\0 -c-eco,,,-p,e,A s (i--? that the Jeffersonville Common Council enact by ordinance the pf osed zoning designation change of the property from R1 to IS as requested in the petition of Freedom Senior Share LLC So certified this 27thday of October , 2015 IQLL,L Brent Roberts Chairman STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: Petitioner: Location: Request: Council District: Hearing Date: PC -15-36 Freedom Senior Share LLC 2113 Allison Lane Rezone from R1 (Low Density Residential) to IS (Institutional Uses) #5 (Lisa Gill) October 27, 2015 Rezoning Request The applicant is requesting a zoning change for a property located at 2113 Allison Lane. The property is currently zoned R1 (Low Density Residential) and the requested zoning is IS (Institutional Use). The applicant has a pending application for a special exception use and is requesting permission to operate a nursing home. 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. Property History This property was occupied by various businesses in the past few decades. In 1985 the Board of Zoning Appeals approved a use variance to allow a doctor's office and in 2012 a daycare was approved. Page 1 of 7 PC -15-36: 2113 Allison Ln Rezoning Location of the Propert Jeff High First Federal Savings Site Site Figure 1: Vicinity Map Figure 2: Aerial Photo Faith Lutheran Church Page 2 of 7 PC -15-36: 2113 Allison Ln Rezoning Zoning This property is zoned R1 (Low Density Residential) with surrounding properties zoned M1, M2, C1, C2 and R2. Site - Zoned R1 Figure 3: Zoning Map M2 C2 M1 R2 The IS district is the requested zoning and the ordinance provides the following intent for this zoning district (also shown in the attached document): "The IS District is intended to provide a land use category for institutionally owned lands, including state, county and city facilities. The IS district is also intended for social service oriented uses; and similar nonprofit quasi - public institutions where the use is for public purpose and is anticipated to remain so permanently." Comprehensive Plan & Planning Districts The Comprehensive Plan places this property within the Suburban Neighborhoods planning district and provides the following guidance: These neighborhoods are typically characterized by a range of low to moderately dense residential uses 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 moderately dense residential areas. The Suburban Neighborhoods district will contain diverse housing choices for differing ages and incomes. Goal 1: Allow a variety of housing types, such as detached homes, duplexes, townhomes, patio homes, and apartments, to provide housing choices for people of differing ages, incomes and needs. Page 3 of 7 PC -15-36: 2113 Allison Ln Rezoning Goal 2: Preserve and enhance the character and integrity of suburban neighborhoods through compatible site and building design of proposed development and land use changes. Goal 3: Encourage diversity in the types of suburban neighborhoods available to residents while ensuring that all suburban neighborhoods contain the elements needed for a neighborhood that works as a healthy, vibrant, livable place. Attachments 1. Letter of Intent 2. R1 District Intent 3. IS District Intent Page 4 of 7 PC -15-36: 2113 Allison Ln Rezoning Nick Bhatt, RN, MBBS, ACLS, CM President, Freedom Senior Share, I,t.0 oot 502.802.0232 mobile, 502.214.3210 -office Etna it:Freedontseniorshare s'gmaiLcom September 22, 2015 Administrator, City of Jeffersonville Planning and Zoning variance request Re: 211.3 Allison Lane, leffcrsonville, IN 47130 Dear Sir, ntAt As you are aware, we have rising senior population and we want to take compassionate approach and help live these seniors stay safe in their own home as lung as possible instead of forcing them to an institutionalized settings and abandon their home. We at freedom Senior Share, LLC plan to provide help to this seniors m their home and also assist them to get some activities and provide them friend circle to prevent loneliness and do some activities together., We plan an adult day care center for small group of up toil seniors and residential group home for 3 seniors at the 2113 Allison Lane, jeffersonville, €V location and request your input. Please note, Dr Bhanu 'fhaker who is a resident of dark county and notable citizen of this community has served in this community for over 15 years at this location in form of Dr office and Iater at this place, a day care was operating and this building has recently become available. Please contact Dr Bhanu 'Maker, MD, physician at 812.989.7840 for any additional info a=, he is the owner of this property and communicate with him regarding final decision.. Hope to hear from you soon and I will be in touch with Dr i3hanu "i'haker ori the progress on this request. ,Vann regards, 'pick Matt, RN, MBBS, ACLS, CM & Property owner Dr iihanu't'haker, MD. Page 5 of 7 PC -15-36: 2113 Allison Ln Rezoning "R1" District 3.3 "R1" District Intent, Permitted Uses, and Special Exception Uses District Intent The "R1" (Low Density Residential) District is intended to provide a land use category for medium lots and medium-sized single family detached homes. The provisions that regulate this land use district should protect, promote and maintain areas in Jeffersonville for existing and future housing growth. Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to protect this district from conflicting land uses, and non -family oriented businesses. The Plan Commission and Board of Zoning Appeals should strive to promote an average net density of 3 to 4 dwelling units per acre community -wide in the "R1" district. Perm itted Uses Residential • child care home (owner -occupied) • dwelling, single family • residential facility for developmentally disabled (4 bedrooms or less) • residential facility for mentally ill (4 bedrooms or less) Miscellaneous • accessory uses • home occupation #1 3-4 ecial Exce Residential -residential facility for developmentally disabled (over 4 bedrooms) Business: Recreation • golf course Institutional/Public Facilities • public park/recreational center •church, temple, or mosque Communication/Utility • public well •telecommunication facility Miscellaneous • artificial lake or pond over one (1) -acre in size •home occupation #2 Jeffersonville Zoning Ordinance Page 6 of 7 PC -15-36: 2113 Allison Ln Rezoning "IS" District 4.1 "IS" District Intent, Permitted Uses, and Special Exception Uses District Intent The "IS" (Institutional Uses) District is intended to provide a land use category for institutionally owned lands, including state, county, and city facilities. The IS district is also intended for social service oriented uses; and similar nonprofit quasi -public institutions where the use is for public purpose and is anticipated to remain so permanently. The Plan Commission and Board of Zoning Appeals should encourage institutional structures and uses to set a standard for development throughout the planning jurisdiction. Permitted Uses Institutional/Public Facilities •community center • church, temple or mosque •government building •govemment office • library • museum •policeffire station • post office • public/private parking area • school •trade or business school Business: General Business •funeral home or mortuary Special Exception Uses Residential • child care institution (children's home) • nursing home �— • residential facility for the developmentally disabled (large) • residential facility for the mentally ill Institutional/Public Facilities •cemetery or crematorium • drug/alcohol rehabilitation clinic • hospital • public park/recreation center •recycling collection point Business: General Business • airport • helipad or heliport • light rail station • motor -bus station •railroad station Communication/Utilities • public well • sewage treatment plant •telecommunication facility • telephone exchange • utility substation 4-2 Jeffersonville Zoning Ordinance Page 7 of 7 PC -15-36: 2113 Allison Ln Rezoning CITY 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 2113 ALLISON LANE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1 TO IS NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 2113 ALLISON LANE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1 TO IS 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 2113 Allison Lane and fully described in Exhibit A from R1 -Low Density Residential to IS -Institutional Uses. A public hearing will be held on November 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