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Home My WebLink About2016-OR-54 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2016-OR- 5"7 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 200 BLOCK OF MULBERRY STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM PR TO DC Whereas, The Redevelopment Commission filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 200 Block of Mulberry Street and fully described in the attached Exhibit A from PR-Parks and Recreation to Downtown Commercial 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 200 Block of Mulberry Street and fully described in the attached Exhibit A is hereby changed from PR-Parks and Recreation to DC-Downtown Commercial. 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. Rolex-6p'-64 Common Council Of The City of Jeffersonville, Indiana VOTED FOR: VOTED AGAINST: ir C-00/4 att Owen, resident Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this day of September, 2016. Vicki Conlin City Clerk This Ordinance approved and signed by me this j of a temb r, 2016. Mike oore, Mayr Prepared by: Les Merkley Corporate Counsel Office Of The Mayor Mayor Mike Moore 812-285-6400 office 812-285-6403 fax www.cityofjeff.net Jeffersonville City Hall 500 Quartennaster 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 200 BLOCK OF MULBERRY STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM PR TO DC NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 200 BLOCK OF MULBERRY STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM PR TO DC 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 200 Block of Mulberry Street and fully described in Exhibit A from PR-Parks and Recreation to DC-Downtown Commercial. A public hearing will be held on September 6, 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 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 Redevelopment Commission (PC-16-57) TO REZONE A CERTAIN TRACT 200 Block of Mulberry Street FROM PR to DC CERTIFICATION FAVORAB UNFAVORABLE/NO RECOMMENDATION OPOSED ORDINANCE Whereas, Redevelopment Commissionfiled a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from PR to DC ; 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 Commissions rnUti�,,� a - that the Jeffersonville Common Council enact by ordinance the pr posed zoning designation change of the property from PR to DC as requested in the petition of Redevelopment Commission So certified this 30thday of August —, 20 16 Chairman STAFF REPORT , Department of Planning & Zoning — Plan Commission Case Number: PC-16-57 Petitioner: Redevelopment Commission Location: 200 Block of Mulberry St Request: Rezoning Proposed Use: Downtown Residential Infill Zoning: PR (Parks and Recreation) to DC (Downtown Commercial) Council District: 1 — Dustin White Date: August 30, 2016 Rezoning Request The applicant filed a rezoning application for property located at the 200 Block of Mulberry Street. The current zoning is PR (Parks and Recreation) and the proposed zoning is DC (Downtown Commercial). Project Status / History This property is under the control of the Redevelopment Commission. Currently, no developer has been selected for the redevelopment of this location from the recent RFP process. Many similar residential redevelopment properties downtown have been rezoned to DC for the intended flexibility of building form. Namely, the ability to develop with zero setbacks. The old American Legion site and the M. Fine Senior Housing Development (Industrial Nightmare) are also zoned DC for this same purpose of site flexibility and density. Also, the new Marriott under construction is zoned DC. ~� 1 3, h Marriott(under construction) � Subject Property Page 1 of 9 PC-16-57 200 Block of Mulberry St Figure 1: Site Location 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 Plannin Districts . r t ® Legend PubWastitubanal VacantlAgncultural RacreahofVCpen Space Light Industrial Single Family Residential Multi-Family Residential Mixed-Use Heavy Industrial Commeroal Business Park/Industrial City Limits io Roads 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. Page 2 of 9 PC-16-57 200 Block of Mulberry St Legend Primary Gateways Suburban Neicghboarood Traditional NeighburnooilWorkplace Suburban Workplace Suburban Marketplace Traditional Marketplace T f x ke lanai Market l ace Center Downtown diatoric District Figure 3: Planning Districts Map Traditional Neighborhood This form is characterized by predominately residential uses, by a grid pattern of streets with sidewalks and often including an alley. Residential lots are predominately narrow and often deep, but the neighborhood may contain sections of larger estate lots, and also sections of lots on which appropriately integrated higher density residential uses may be located. The higher density uses are encouraged to be located in centers or near parks and open spaces having sufficient carrying capacity. Page 3 of 9 PC-16-57 200 Block of Mulberry St Zoning Property to the west is zoned PR (Parks and Recreation) and will be the remaining undeveloped portion of Colston Park. Property to the east is Big Four Station. To the North, properties are zoned DC (Downtown Commercial) including the new Marriott and the American Legion redevelopment site. Further to the north are apartments zoned M1 (Low Density Multi-Family). 01 � Y R �� DC w ', e .1 '2 e x qti45 �$tl fr+t ; 710, r � 1 t- Subject Property-PR €•. r` � xR sa„ t t tiC aM �yay Figure 4: Zoning Map Page 4 of 9 PC-16-57 200 Block of Mulberry St Staff Guidance The Downtown Commercial zoning classification is recommended because it provides the option for a building form that is crucially needed to take place with redevelopment of the site - that of up to zero lot line development. This recommendation is to provide for the option of what best building form and site flexibility, not a change in the overall use and intent of the property. Attempts to rezone to other residential zoning designations, would hinder successful City interest to redevelopment the site because of the small size of the lot and the associated setback requirements. Rose Hill and downtown residents are seeing the enormous benefits of density and redevelopment (M. Fine, Marriott, American Legion) and it should be understood that the intent here is for building form and site utilization for residential, not a change course to commercial businesses. Using the rezoning criteria from IC 36-7-4-603 staff has the following guidance: • The Comprehensive Plan o Interpretation: o The city-wide vision within the Plan states: "Building upon Jeffersonville's position as a gateway to Indiana and a regional location, the city will define itself through vibrant downtown living options..." o The planning districts map within the Plan identifies this area as an area prime for "appropriately integrated higher density residential uses" to be located. These "higher density uses are encouraged to be located in centers or near parks and open spaces..." o Goal 8 of the Plan states the City should seek to: Provide a range of housing options and price ranges to attract a variety of residents. o Housing Objectives include: ■ H-6. Encourage multi-family housing and single-family housing in appropriate areas that provide a range of housing prices and options. ■ H-7. Remove barriers that may deter residential development in the downtown/core to allow for mixed-use development opportunities. o The Housing Chapter defines that Jeffersonville has substantial housing needs as a direct result of the community's old housing stock, aging population, a shortage of affordable housing for low-income households, and a shortfall in demand for urban/downtown living. ■ HOUSING OPTIONS/PRICES — "Currently Jeffersonville land use is dominated by single family residential that Page 5 of 9 PC-16-57 200 Block of Mulberry St can be characterized into suburban and traditional neighborhoods. Jeffersonville lacks options for all age groups and family types that include a mix of housing options (single-family and multi-family) and incomes. Residents at different ages and stages in their life have different needs for housing options. Jeffersonville should provide housing options that accommodate all current and future residents to help retain and grow their population." ■ MULTI-FAMILY/OR ATTACHED UNITS (Townhomes)- "Multi-family units are not as plentiful as single family detached dwelling units. Future projections predict an increase in the number of households and an increase in the population. Providing more multi-family units within Jeffersonville will help to accommodate the growth of households, while also providing an array of living options for residents. Multi-family units provide housing for individuals who are single, married with no children, empty nesters, seniors, and worker housing for those employees that are necessary for a community, but have lower incomes. ■ There are many benefits that are also associated with multi-family housing. Apartments have the ability to bring in more property taxes than single family houses. On average, apartment owners also have fewer vehicles and take significantly less trips than those who live in single family homes, which helps with the congestion of roads and produces fewer emissions. Multi-family units actually increase the property values, and nearby single family home value." • Current conditions and character of structures and uses in each district; o Interpretation: Properties in the area are well maintained with few in distress. Many multi-story residential infill projects have started or are planned for the area immediately adjacent to the park. In the surrounding area are strong single-family detached neighborhoods, including 66% of the 2,800 foot linear edge or Big Four Station park. • The most desirable use for which the land in each district is adapted o Interpretation: The most desirable use of the land is dense residential development which boosts the downtown residential population. Because of the strong showing of single family detached residential around the park, the area is sufficiently supplied. • The conservation of property values throughout the jurisdiction o Interpretation: Surrounding property are also zoned DC and any multi-family/townhome units will conserve or increase the Page 6 of 9 PC-16-57 200 Block of Mulberry St property values, and nearby single family home value (Comprehensive Plan pg. 76). • Responsible development and growth o Interpretation: "Other Strategic Investment— Downtown Housing: The current downtown housing stock is primarily composed of historic homes that are characterized as traditional neighborhoods. A small range of multi-family units are also located within the downtown. With a wide scope of improvements and investments happening within the downtown, this area is becoming an attractive place to live. The expansion of downtown housing should be focused on providing a range of living options that include prices and type The unique character and context of downtown should also be reflected in new developments. Attached Plans & Documents: 1. PR District Intent 2. DC District Intent Page 7 of 9 PC-16-57 200 Block of Mulberry St "PR" District 4.3 "PR"District Intent,Permitted Uses,and Special Exception Uses District Intent Perinitted Uses _ Special Exception tio�t Uses The"PR"{Parks and Recreation) Institutional/Public Facilities —"—` District is intended to provide a land public park/recreation center InstitutionallPublic Facilities use category for parks,open space, •cemetery or crematorium playgrounds,and recreational Business: Recreation community center areas. This zoning district may ball fields museum also serve as a buffer between •community swimming pool school commercial or industrial uses and golf course •school,trade/business adjacent residential districts. nature center •school,university/college nature preserve Business: Recreation The Plan Commission and Board public docks banquet hall of Zoning Appeals should strive •skating rink -campground to minimize lighting,noise and other potential harmful effects of -country club recreational uses. In addition, -driving range environmentally sensitive use of -fairgrounds land should be encouraged. -marina *miniature golf -theater,outdoor CommunicationlUtilities telecommunication facility 4-4 ---- Jeffersonville Zoning Ordinance Page 8 of 9 PC-16-57 200 Block of Mulberry St "DC" District 4.9 "DC"District Intent,Permitted Uses,and Special Exception Uses District .Intent Permitted Uses Permitted Uses(cont.) The"DC"(Downtowniold City Residential Business:Retail(cont.) Commercial)District is intended •dwelling,single-family(upper floors) •resale store to provide a land use category •dwelling,two-family(upper floors) •shoe store for normal commercial uses in •dwelling,multi-family(upper floors) •sporting goods store the downtown. The provisions that regulate this land use district Business:Auto Sales/Services -variety store to part sales(new) should make the district compatible auMiscellaneous with the"R3,""M1"and"M2" Business:Food Sales/Service accessory uses residential districts,and"OC"and bakery,retail "C1"commercial districts. delicatessen restaurant Special Exception Uses Jeffersonville's Plan Commission Business:General Business Residential should strive to use this district print shop/copy center •bed and breakfast facility only in the historic downtown area Business:Personal Service •boarding house(owner-occupied) and its immediate surroundings. barber/beauty shop Institutional/Public Facilities Petitions in the"DC"district may -coin laundry -church,temple or mosque be subject to the Historic District -dry cleaning service •community center Ordinance and Historic Design -shoe repair government office Guidelines. -tailor/pressing shop museum Business:Office/Professional police/fire station The Plan Commission and Board architecture firm post office of Zoning Appeals should strive bank/credit unionpublic park/recreation center to minimize parking lots in front -design services public/private parking area of or between buildings,rather, consulting firm encouraging parking behind •insurance office Business:Food Sales/Service buildings and on the street. convenience store •investment firm -farmers market *planning firm Business:Office/Professional professional office •drive-thru bank/credit union reading clinic drive-thru bank machine/ATM real estate office Business:Personal Service -secretarial service •drive-thru dry cleaning service -service organization offices Business:Recreation -temporary service agency -bar/night club -title company (not adult entertainment) -travel agency -billiard/arcade room Business:Recreation -dance/aerobics/gymnastics studio -video store •karate studio Business:Retail -lodge or private club -antique shop -theater,indoor •apparel shop (not adult entertainment) •art gallery Communication/Utilities •art and craft studio *telecommunication facility •consignment store Miscellaneous •department store home occupation#1 •fabric shop •flower shop -furniture store -gift shop •hardware store -jewelry store •music store ,news dealer/bookstore (not adult entertainment) *office supplies 4-10 Jeffersonville Zoning Ordinance Page 9 of 9 PC-16-57 200 Block of Mulberry St