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HomeMy WebLinkAbout2016-OR-29STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2016 -OR - AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT MAPLE AND WALNUT AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM NC TO R3 Whereas, ESTO 2 LLC filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at Maple and Walnut and fully described in the attached Exhibit A from NC -Neighborhood Commercial to R3 -Old City Residential and, Whereas, on April 26, 2016 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 May 2, 2016; 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 Maple and Walnut and fully described in the attached Exhibit A is hereby changed from NC 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 day of May, 2016. 0?0/4 -0►, -'R 9 Common Council Of The City of Jeffersonville, Indiana \/nTrn rnn. A ES Vicki Conlin City Clerk VOTED AGAINST: Presented to me as Clerk to the Mayor of said City of Jeffersonville this day of May, 2016. - I I /.') -,wi, -,., Vicki' Conlin Citv Clark This Ordinance approved and signed by me this ,! 2016. Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF ESTO 2 LLC TO REZONE A CERTAIN TRACT at Maple and Walnut FROM NC (Neighborhood Commercial) to R3 (Old City Residential) CERTIFICATION OFcF /UNFAVORABLE/NO RECOMMENDATION OSED ORDINANCE Whereas, ESTO 2 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 NC to R3 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on April 26, 2 016 ; 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 CERTIFIED that on April 26, 2016 , the Jeffersonville Plan Commission �JV(Able rftonmt-Ah that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from NC to R3 as requested in the petition of ESTO 2 So certified this 26 day of April , 2016 Chairman A. C,,TYo� STAFF REPORT � o W N Department of Planning & Zoning — Plan Commission �FRsoc�v Case Number: PC -16-35 Petitioner: ESTO 2 LLC Location: Maple and Walnut Request: Rezoning Proposed Use: Residential Zoning: NC (Neighborhood Commercial) to R3 (Old City Residential) Council District: 1 -Dustin White Date: April 26, 2016 Rezoning Request The applicant is requesting a zoning change for property located at Maple and Walnut. The property is currently zoned NC and the requested zoning is R3. Zoning Change Procedure The Jeffersonville Zoning Ordinance and Indiana State Statute IC 36-7-4-603 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. Page 1 of 6 PC -16-35 ESTO 2 Rezoning Comprehensive Plan and Page 2 of 6 Figure 1: Site Location nning Districts Legend - PublicAnstitutional - Vacant/Agncutlural - Reaeation/Open Space Light Industrial ® Single Family Residential - Multi -Family Residential - Mixed -Use - Heavy Industrial - Commercial Business Park/Industrial City Limits Roads PC -16-35 ESTO 2 Rezoning Figure 2: Future Land Use Plan Single Family Residential This residential is classified as detached single-family residential development in both the traditional street network and suburban street network. This classification also encourages supported uses such as religious facilities. Single family dwellings are the predominant land use throughout all parts of Jeffersonville. This use occupies the majority of the total developed land. Jeffersonville will need additional single family units to accommodate future growth. Currently the dwellings range from older houses on relatively small lots in the central part of Jeffersonville to newer developed subdivisions along both the Charlestown Pike and Utica- Sellersburg Road Corridors. New single family housing areas will be limited by the amount of available space and the adequate transition from adjacent incompatible uses. Downtown Historic District This district is comprised of predominately office, commercial, civic, high- density residential and cultural land uses. It has a grid pattern of streets designed to accommodate a large volume 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 in 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. Page 3 of 6 PC -16-35 ESTO 2 Rezoning Figure 4: Zoning Map Attached Plans & Documents: 1. NC District Intent 2. R3 District Intent Page 4 of 6 PC -16-35 ESTO 2 Rezoning "W" District 4.5 "NC" District Intent, Permitted Uses, and Special Exception Uses Intent Commercial) District is intended to provide a land use category for small scale commercial uses that provide products and services to neighborhoods. The provisions that regulate this land use district should promote appropriate commercial uses that are clearly nonconflicting with neighborhoods In Jeffersonville. Jeffersonville's Plan Commission should strive to use this district sparingly and appropriately as a •' spot zone" in the community. The Plan Commission and Board of Zoning Appeals should also strive to exclude businesses from the "NC" district that are not family oriented or that have an adverse effect on the existing or future adjacent neighborhoods. I Permitted Uses -dwelling, single-family (upper stories) -dwelling, two-family (upper stories) Business: Food Sales/Service • bakery, retail • convenience store (without gas pumps) • delicatessen -ice cream shop -coffee shop • meat market • small specialty • grocery Business: General Business print shop/copy center Business: Office/Professional bank machine/ATM medical/dental clinic photographic studio professional offices Business: Personal Service barber/beauty shop -coin laundry child care center (day care) • dry cleaning service -fitness center/gym • health spa Business: Recreation • video store Business: Retail • antique shop -art gallery • art and craft studio boutique consignment store • flower shop -jewelry store music store news dealer/bookstore (not adult entertainment) -thrift store Miscellaneous -accessory uses ,dwelling. multifamily (upper stories) Institutional/Public Facilities • church, temple or mosque • community center • government office library •police/fire station post office -public parktrecreation center recycling collection point (no outdoor storage) school Business: Food Sales/Service • restaurant • convenience store (with gas pumps) Business: Office/Professional drive-thru bank machine/ATM Business: Recreation -public docks Commun icatlon/Utllities ,telecommunication facility -telephone exchange • public well utility substation Miscellaneous home occupation #1 4-6 Jeffersonville Zoning Ordinance Page 5 of 6 PC -16-35 ESTO 2 Rezoning "R3" District 3.7 '•R3" District Intent, Permitted Uses, and Special Exception Uses District Is Intended to provide a land use category for small lots and small -sized single family detached homes. The provisions that regulate this land use district should protect, maintain and promote where possible the "old city residential character" in Jeffersonville. Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to protect this district from business encroachment, 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 7 to 8 dwelling units per acre community -wide in the "R3" district. 3-8 I Permitted Uses I • 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 • bed and breakfast facility *boarding house (owner -occupied) *dwelling, two-family • residential facility for developmentally disabled (over 4 bedrooms) Business: Personal Service • child care center (day care) Institutional/Public Facilities -public park/recreation a I center -church, temple, or mosque Communication/utility • public well -telecommunication facility Miscellaneous • home occupation #2 Jeffersonville Zoning Ordinance Page 6 of 6 PC -16-35 ESTO 2 Rezoning DEPARTMENT OF LAW Les Merkley, Corporation Counsel/Director of Legal Affairs 812-t85-6493 office 812-285-6403 fax www.ci.tyofjjeff.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 MAPLE AND WALNUT AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM NC to R3 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT MAPLE AND WALNUT AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM NC 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 map designation of a certain tract of property located at Maple and Walnut and fully described in Exhibit A from NC -Neighborhood Commercial to R3 -Old City Residential. A public hearing will be held on May 2, 2016 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. Les Mel'kley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 An equal opportunity employer.