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HomeMy WebLinkAbout2016-OR-53 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2016-OR- S3 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 3017 MIDDLE ROAD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C1 TO M2 Whereas, Pinnacle Properties Development Group, LLC filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 3017 Middle Road and fully described in the attached Exhibit A from C1-Small to Medium Scale General Commercial to M2-Medium Density Multifamily Residential and, Whereas, on August 30, 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 September 6, 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 3017 Middle Road and fully described in the attached Exhibit A is hereby changed from C1-Small to Medium Scale General Commercial To M2-Medium Density Multifamily 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 September, 2016. 53 Common Council Of The City of Jeffersonville, Indiana VOTED FOR: VOTED AGAINST: /tVA-jj:1Y e resident A ES Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this day of September, 2016. 4 Vicki Conlin City Clerk This Ordinance approved and signed by me this dagSe mber, 2016. Mike , ayor Prepared by: Les Merkley Corporate Counsel Office Of The Mayor Mayor Mike Moore 812-285-6400 office 812-285-6403 fax www.cityofjei3:net Jeffersonville City Hail 500(quartermaster Court 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 30I7 MIDDLE ROAD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C I TO M2 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 3017 MIDDLE ROAD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C1 TO M2 Notice is hereby given that the City of Jeffersonville has tiled 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 3017 Middle Road and fully described in Exhibit A from C 1-Small to Medium Scale General Commercial to M2-Medium Density Multifamily Residential. A public hearing will be held on September 6, 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. STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Pinnacle Properties Development Group, LLC (PC-16-56) TO REZONE A CERTAIN TRACT 3017 Middle Road FROM c1 to M2 CERTIFICATION OF,FAVORABL UNFAVORABLE/NO RECOMMENDATION POSED ORDINANCE Whereas, Pinnacle Properties filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from C1 to M2 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on August 30, 2016 ; 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 August 30, 2016 the Jeffersonville Plan Commission - � -► �L��� T) that the Jeffersonville Common Council enact by ordinance the prop sed zoning designation change of the property from C1 to M2 as requested in the petition of Pinnacle Properties So certified this 30thday of August 20 16 Chairman i STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: PC-16-56 Petitioner: Pinnacle Properties Development Group, LLC Location: 3017 Middle Rd. Request: Rezoning Proposed Use: Apartment Building Zoning: C1 (Small/Medium General Commercial) to M2 (Medium Density Multifamily Residential) Council District: 6 — Scott Hawkins Date: August 30, 2016 Rezoning Request The applicant filed a rezoning application for property located at 3017 Middle Rd. The current zoning is C1 (Small to Medium General Commercial) and the proposed zoning is M2 (Medium Density Multifamily Residential). The applicant currently owns adjacent land and operates an apartment complex. The applicant seeks to rezone property as to construct an additional apartment building. Figure 1: Site Location E k Np Ei, ti h Oak Park Car Wash IT4�. a Pet Grooming l+ v 1 u^ �t Sav-a-IOt Page 1 of 6 PC-16-56 3017 Middle Rd. 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 z Legend Publibinstitutional Vacant'Agncullurel Recreation.'Open Space \, Light Industrial Single Family Residential MuIH-Femily Residential - Mixed-Use ® Heavy Industrial Commercial Business P.Mi-dustnal .gym+ City Limits mow. Roads Figure 2: Future Land Use Plan Commercial This category includes small to medium commercial development intended to serve both the surrounding neighborhoods and region. Businesses may include downtown or suburban locations. This land use is usually located in concentrations. These areas of concentrations are along the 10th Street corridor, Spring Street corridor, and downtown Jeffersonville. In previous years the redevelopment of downtown has brought many new local businesses. Due to new attractions and improvements there has been accelerated growth and business in downtown making it a strong commercial focal point for the community. Page 2 of 6 PC-16-56 3017 Middle Rd. tn, m r p q Legend ' Primary Gateways Suburban Neighborhood Traditional Neighborhood/Workplace Suburban Workplace Suburban Marketplace r = Traditional Marketplace r Regional Marketplace Dauber Downtown Histone District Figure 3: Planning Districts Map Suburban Neighborhood 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. Page 3 of 6 PC-16-56 3017 Middle Rd. Zoning Property to the west is zoned M1 (Low Density Multi-Family Residential) Property to the North is zoned NC (Neighborhood Commercial). To the South, properties are zoned NC (Neighborhood Commercial). Across Pearl St. to the east properties are zoned R3 (Old City Residential) and DC (Downtown Commercial). Figure 4: Zoning Map INJ ' M2 r` At M2 Subject Property—C I Attached Plans & Documents: 1. C1 District Intent 2. M2 District Intent Page 4 of 6 PC-16-56 3017 Middle Rd. "Cl" District 4.13 "Cl"District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Permitted Uses The"Cl"(Small to Medium Scale Business:Auto ales/Services Business:Retail(cont.) General Commercial)District is -auto body repair shop -news dealer/bookstore intended to provide a land use •auto parts store (not adult entertainment) category for most small scale •auto wash(automatic and self) •office supplies general business uses. The •oil change service(enclosed) •paint store provisions that regulate this land Business:Food SaleslService -shoe sales store use district should not overly bakery retail restrict normal business practices. -sporting goods This district can be used adjacent convenience store(without gas pumps) -variety store to all other commercial districts and •delicatessen Miscellaneous the"R3,""M1"and"M2"residential •drive-in restaurant •accessory uses districts. •drive-thru restaurant •grocerylsupermarket Jeffersonville's Plan Commission •meat market should strive to use this district •restaurant Special Exception tises with the"CT"District to encourage Business:Recreation Business:Auto SalestServices a strong and stable area for bar/night club -auto service station commerce. (not adult entertainment) Business:Food Sales/Service The Plan Commission and Board •billiard/arcade room -convenience store(with pumps) of Zoning Appeals should not bowling alley -open,unenclosed business(farmers encourage"strip development", dancelaerobics/gymnastics studio market,etc) rather development in clusters •theater,indoor Business:Office)Professional which share resources and (not adult entertainment) -contractor office minimize the cost of public utilities -video store •landscape business and services. The Plan Commission Business:Office/Professional Business:Recreation and Board of Zoning Appeals bank/credit union •lodge or private club should also strive to minimize •drive-thru bank machine/ATM •miniature golf lighting,parking lots fronting the major streets,and traffic conflicts in insurance office public docks the"C1"District. •real estate office -theater,outdoor •travel agency (not adult entertainment) -office complex Business:Retail •professional offices •kennel(commercial) Business:Personal Service -satellite dish sales/service barber/beauty shop Communication/Utilities •coin laundry •telecommunication facility •child care center(day care) •drive-thru dry cleaning service -dry cleaning service fingernail salon shoe repair -tailor/pressing shop -tanning salon Business:Retail •antique shop •apparel shop •drug store electrical supplies •fabric shop •floor coverings •flower shop -furniture store garden shop gift shop hardware store •home electronics/appliance store *jewelry store liquor sales music store 4 14 Jeffersonville Zoning Ordinance Page 5 of 6 PC-16-56 3017 Middle Rd. M2 District 3.11 M2 District Intent,Permitted Uses,and Special Exception Uses District Intent Perutitted Uses Special Exception t'ses The"M2"(Medium Density Multifamily Residential Residential Residential)District is intended to •d>Fhkt g r 111;larral d�rJe>:) •--."j 1`nq+oclity provide a land use category for to 4.;nits= 6veiiu sEi�gledonly small-scale multifamily apartment, 'd.v! t..trvttifara It i, •Hats€nq iionnte townhouse,or condominium Miscellaneous community developments. The provisions that c,;sssofy:sex foc>IPN,fardeteloprrc o'.y d moble, regulate this zoning district allow a (4%d'oor s or k331limited mix of multifamily residential •rasid®rem(fo0ity for mentally W 4 hedrooms uses and one primary structure per lot. or Ips) Jeffersonville's Plan Commission and Institutional/Public Facilities Board of Zoning Appeals should strive •c6 cin,t,mple,or irxsgoe to integrate this district near NC,OC, Communication/Utilifies and DC Commercial Districts,and •tr>(eronsmanunt,�n iocii„v very sensitively near other residential Miscellaneous districts. This district should also be •hoirre h'on#I 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 B dwelling units per acre in the"M2” district. 3-I z Jeffersonville Zoning Ordinance Page 6 of 6 PC-16-56 3017 Middle Rd.