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HomeMy WebLinkAbout2016-OR-30STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2016 -OR- 3?) AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED ON PEACHBLOSSOM DRIVE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M2 AND C2 TO M3 Whereas, Brandon Denton filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located on Peachblossom Drive and fully described in the attached Exhibit A from M2 and C2 to M3 -High Density Multifamily 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 Peachblossom Drive and fully described in the attached Exhibit A is hereby changed from M2 and C2 to M3 -High Density Multifamily. 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. Common Council Of The City of Jeffersonville, Indiana ED FOR: T: Vicki Conlin City Clerk VOTED AGAINST: _h• Presented to me as Clerk to the Mayor of said (Citof Jeffersonville this day of May, 2016. Vicki Conlin City Cler This Ordinance approved and signed by me this 2016. Prepared by: Les Merkley Corporate Counsel k jfa Moore, M STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Brandon Denton TO REZONE A CERTAIN TRACT on Peach Blossom Drive FROM M2 and C2 to M3 (High Density Multifamily) CERTIFICATION OF FAVORABL UNFAVORABLE/NO RECOMMENDATI OSED ORDINANCE Whereas, Brandon Denton filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from M2 and C2 ; and, to M3 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, 2 016 , the Jeffersonville Plan Commission �a4orxbl-1 wbynmt dj that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from M2 & C2 to M3 as requested in the petition of Brandon Denton So certified this 26 day of April , 2016 �6 4la,.fo Chairman STAFF REPORT Department of Planning & Zoning — Plan Commission RsoN�v Case Number: PC -16-38 Petitioner: Brandon Denton Location: Peach Blossom Drive Request: Rezoning Proposed Use: Apartments Zoning: M2 (Medium Density Multifamily) & C2 (Medium to Large Scale General Commercial) to M3 (High Density Multifamily) Council District: 4 -Scottie Maples Date: April 26, 2016 Rezoning Request Brandon Denton is requesting a zoning change for properties located on Peach Blossom Drive. The properties are currently zoned M2 and C2 and the requested zoning is M3. Page 1 of 7 PC -16-38 Peach Blossom Rezoning 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. Comprehensive Plan and Planning Districts Legend Public/Institutional - VacanUAgricultural Recreation/open space I yli T, Light Industrial Single Family Residential Multi -Family Residential - Mixed -Use tHeavy Industrial Commercial - Business Park/industrial ® City Limits Roads Figure 2: Future Land Use Plan Mixed -Use This use blends a combination of residential, commercial, cultural, institutional, or industrial uses, or allows solely commercial uses. It can be one building, an urban, suburban, or village development. The blend should be physically integrated and functionally related to create a center or community. This use typically creates a greater variety in housing, reduced distances between housing, workplaces and amenities, more compact development, stronger neighborhood character, and should be pedestrian and bicycle friendly. Page 2 of 7 PC -16-38 Peach Blossom Rezoning Suburban Workplace figure 3: Planning Districts Map A Suburban Workplace is a form characterized by predominately industrial and office uses where the buildings are set back from the street in a landscaped setting. Suburban workplaces often contain a single large- scale use or cluster of uses within a master planned development. New larger proposed industrial uses are encouraged to apply for a planned development district. Regional Marketplace Center These are centralized mixed-use shopping districts/activity centers designed to meet regional consumer needs. They typically contain a mixture of high intensity uses including regional shopping, office, services, entertainment facilities and medium to highly dense residential uses. Such Regional Marketplace Centers may include a variety of stores under one roof, or may consist of freestanding structures. Page 3 of 7 PC -16-38 Peach Blossom Rezoning Zoi Figure 4: Zoning Map Attached Plans & Documents: 1. M2 District Intent 2. C2 District Intent 3. M3 District Intent Page 4 of 7 PC -16-38 Peach Blossom Rezoning M2 District 3.11 M2 District Intent, Permitted Uses, and Special Exception Uses District Intent The `M2• (Medium Density Multifamily Residential) District is intended to provide a land use category for small-scale multifamily apartment, townhouse, or condominium developments. The provisions that regulate this zoning district allow a limited mix of multifamily residential uses and one primary structure per lot. Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to integrate this district near NC, OC, and DC Commercial Districts, and very sensitively near other residential districts. This district should also be within close proximity to parks, open space, services, and retail if possible. Avoid locating near conflicting land uses. The Plan Commission and Board of Zoning Appeals should strive to promote a maximum density of up to 8 dwelling units per acre in the "M2• district. Permitted Uses Residential • dwelling, multifamily (duplex) • dwelling, multifamily (3 to 4 units) • dwelling, multifamily (5 to 8 units) Miscellaneous • accessory uses Residential • assisted living facility • dwelling, single-family • numing Fame • retirement community • residential facility for developmentally disabled (4 bedrooms or leu) • residential facility for mentally ill (4 bedrooms or less) Institutional/Public Facilities • church, temple, or mosque Communication/Utilities • telecommunication facility Miscellaneous • home occupation #I 3-12 Jeffersonville Zoning Ordinance Page 5 of 7 PC -16-38 Peach Blossom Rezoning "C2" District 4.15 "C2" District Intent, Permitted Uses, and Special Exception Uses I District Intent I General Commercial) District is intended to provide a land use category for most large scale general business uses. The provisions that regulate this land use district should not overly restrict normal business practices. This district can be used adjacent to all other commercial districts and the "R3," •'M1" and "1012" residential districts. However, buffering should be provided between this district and any residential district Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to use this district with the "C1" District to encourage a strong and stable area for commerce. The Plan Commission and Board of Zoning Appeals should not encourage "strip development", rather development In clusters which share resources and minimize the cost of public utilities and services. The Plan Commission and Board of Zoning Appeals should also strive to minimize lighting, un -landscaped large parking lots, parking lots fronting major streets, and traffic conflicts in the ••C2" District. Permitted Uses hospital Business: Auto Sales/Services • auto body repair shop ,a uto parts store • auto repair shop auto sales (open air, with showroom, full service mechanical with or without body shop) • auto service (tire or muffler shop) Business: Food Sales/Service -convenience store (with gas pumps) •drive4n restaurant • grocery/supermarket • restaurant Business: General Business • hotel • motel • plant nursery -wholesale business Business: Office/Professional bank/credit union -bank machine/ATM *drive-thru bank machine/ATM • drive-thru bank/credd union -office complex medical/dental clinic Business: Personal Service barber/beauty shop drive-thru dry cleaning service dry cleaning service • fingernail salon • fitness center/gym -health spa -tanning salon Business: Recreation banquet hall -bowling alley -theater, indoor (not adult entertainment) • video store Business: Retail • antique shop • apparel shop • department store -drug store • electrical supplies • fabric shop • floor coverings •flowershop -furniture store *enclosed shopping mall • gift shop • hardware store • heating & cooling sales/service *jewelry store -liquor sales • music store • news dealer/bookstore (not adult entertainment) ,office supplies paint store Permitted Uses -plumbing supplies -sporting goods store • variety store Miscellaneous • accessory uses -auto sales (open air, limited mechanical services or body shop) -auto sales (open air, no services) ,auto service station -auto wash (automatic and self) -oil change service (enclosed) • recreational vehicle sales (motor home sales) Business: Food Sales/Service -convenience store (with gas pumps) Business: General Business airport boat sales/service funeral home or mortuary helipad or heliport light rail station *sign painting/fabrication • rrini-storage facility (rrni warehouse) •motor bus station *railroad station Business: Recreation • ball fields • bar/night club (not adult entertainment) -theater, outdoor (not adult entertainment) Business: Retail • lumber yard ,satellite dish sales/service • kennel (commercial) Co m m u n icatio n /Ut i t ities • public wells • radio/TV station -telecommunication facility 4-16 Jeffersonville Zoning Ordinance Page 6 of 7 PC -16-38 Peach Blossom Rezoning M3 District 3.13 M3 District Intent, Permitted Uses, and Special Exception Uses District ]Intent The "M3" (High Density Multifamily Residential) District is intended to provide a land use category for medium- to large-scale multifamily developments. The provisions that regulate this zoning district allow a mix of multifamily residential uses and many primary structure per lot. Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to integrate this district as a transition between commercial districts and single-family residential districts; or along major thoroughfares. This district should be within close proximity to parks, open space, services, and retail if possible. Avoid locating near conflicting land uses including low- density single-family residential and industrial districts. The Plan Commission and Board of Zoning Appeals should strive to Promote a maximum density up to 16 dwelling units per acre in the "M3" district. Permitted Uses Residential • assisted living facility • dwelling, muhifamily (3 to 4 unit) • dwelling, multifamily (5 to 8 units) • dwelling, multifamily (9 to 20 units) • nursing home • retirementcommunity Miscellaneous • accessory uses Residential • child care institution • dwelling, multifamily (duplex) • residential facility for developmentally disabled • residential facility for mentally ill Institutional/Public Facilities • church, temple, or mosque Commvnicat ion/Uti i ities • telecommunication facility Miscellaneous • home occupation # 1 3-14 Jeffersonville Zoning Ordinance Page 7 of 7 PC -16-38 Peach Blossom Rezoning C I T Y O F J E F F E R S O .N V 1 L L E -max DEPARTMENT Les Merkley, Corporation Counsel/Director of Legal Affairs 812-285-6493 office 812-285-6403 fax www.cityofjjeff.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 PEACHBLOSSOM DRIVE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M2 AND C2 TO M3 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT PEACHBLOSSOM DRIVE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M2 AND C2 TO M3 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 Peachblossom Drive and fully described in Exhibit A from M2 and C2 to M3 -High Density Multifamily. A public hearing will be held on May 2, 2016 at 7:00 p.m. in the City Council Chambers, I" 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 Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 An equal opportunity employer.