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Home My WebLink About2016-OR-55 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2016-OR- y� AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 223 PEARL STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 TO NC Whereas, Steve Stenbro filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 223 Pearl Street and fully described in the attached Exhibit A from R3-Old City Residential to NC-Neighborhood 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 223 Pearl Street and fully described in the attached Exhibit A is hereby changed from R3-Old City Residential to NC- Neighborhood 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. Common Council Of The City of Jeffersonville, Indiana VOTED FOR: VOTED AGAINST: to 1� att Ow Pre ' ent A Vicki Conlin City Clerk Presented tome as Clerk to the Mayor of said City of Jefferso ville this day of September, 2016. Vicki Conlin City Clerk This Ordinance approved and signed by me this t da of Se tem er, 2016. Mike oore, Ma r Prepared by: Les Merkley Corporate Counsel a++m'wv4.rvm^. 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Mt�#NRY�'9gXPo kN'.dTiM1bFCMnM1M1�NYd'.wP+%v.P9FlM✓.vA.hf • • DEPARTMENT OF LAW Les Merkley, Corporation Counsel/Director of Legal Affairs 812-285-6493 office 81.2-285-6403 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 223 PEARL STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 TO NC NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 223 PEARL STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 TO NC 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 223 Pearl Street and fully described in Exhibit A from R3-Old City Residential to NC-Neighborhood 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 Steve Stenbro (PC-16-58) TO REZONE A CERTAIN TRACT 223 Pearl Street FROM R3 to NC CERTIFICATION OF AVORAB /UNFAVORABLE/NO RECOMMENDATION ROPOSED ORDINANCE Whereas, Steve Stenbro filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from R3 to NC ; 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 . r-' ,�, _ that the Jeffersonville Common Council enact by ordinance the pro osed zoning designation change of the property from R3 to NC as requested in the petition of Steve Stenbro So certified this 30thday of August , 20 16 Chairman y rSTAFF REPORT is f *` zh ;' Department of Planning & Zoning — Plan Commission Case Number: PC-16-58 Petitioner: Steve Stenbro Location: 223 Pearl St. Request: Rezoning Proposed Use: Cafe Zoning: R3 (Old City Residential) to NC (Neighborhood Commercial) Council District: 1 — Dustin White Date: August 30, 2016 Rezoning Request The applicant filed a rezoning application for property located at 223 Pearl St. The current zoning is R3 (Old City Residential) and the proposed zoning is NC (Neighborhood Commercial). The proposed use for the property will be a cafe. O y,, S A I� Subject Property Figure 1: Site Location Page 1 of 6 PC-16-58 223 Pearl St. 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 IilfB1�9" I Legend ` s �� Publicllnslilutianal VocanVAgricultural Recreation/Open Space Light Industrial Single Family Residential Mul&Family Residential Mixed-Use Heavy Indashial Canmercial Business Park/Industdal City Umds — Roads Figure 2: Future Land Use Plan Recreation/Open Space Recreation and Open Space is intended for public use, although it may be associated with a fee or privately owned facility. These spaces are typically in the form of parks, plazas, urban squares trails, playing fields, natural landscapes, cemeteries, outdoorlindoor sport facilities, event facilities or open space intended to be used recreationally (active or passive spaces). These types of spaces promote health, provide an escape from urban landscapes, and can increase property value. Page 2 of 6 PC-16-58 223 Pearl St. e . Legend � Primary Gatev.ays r Suburbin Noigirbor hoc d 7rod;tional Nei�,hLuthocxJ/VJctrkpl5ix; R �ri•,. v� SuburbanWufkplace Suburbsn P✓t,,,rketplace g, 'Triditicmal tldrkctllacu (eyionai kloiketplacu Con(er Downtovm Historic Dlsalct 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 6 PC-16-58 223 Pearl St. 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 A n n y y F o i7ukkk w, M1 " x n ,J l NC w Subject Proper k Attached Plans & Documents: 1. R3 District Intent 2. NC District Intent Page 4 of 6 PC-16-58 223 Pearl St. "R3" District 3.7 "R3"District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"R3"(Old City Residential) Residential Residential District is intended to provide a child care home(owner-occupied) -bed and breakfast facility land use category for small lots -dwelling,single family -boarding house(owner-occupied) and small-sized single family •residential facility for developmentally •dwelling,two-family detached homes. The provisions disabled(4 bedrooms or less) -residential facilityp for developmental) that regulate this land use district should protect,maintain and residential facility for mentally ill disabled(over 4 bedrooms) y promote where possible the"old (4 bedrooms or less) Business;Personal Service city residential character"in Miscellaneous child Care center(day care) Jeffersonville. accessory uses Institutional/Public Facilities home occupation 91 -public park/recreational center Jeffersonville's Pian Commission church,temple,or mosque and Board of Zoning Appeals Communication/Utility should strive to protect this district •public well from business encroachment, -telecommunication facility conflicting land uses,and non- Miscellaneous family oriented businesses. home occupation# 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-& Jeffersonville Zoning Ordinance Page 5 of 6 PC-16-58 223 Pearl St. "W" District 4.5 "NC"District Intent,Permitted Uses,and Special Exception Uses 'District Intent Permitted Uses Special Exception uses The"NC"(Neighborhood Residential Residential Commercial)District is intended dwelling,single-family(upper stories) dwelling,multifamily (upper stories) to provide a land use category for •dwelling,two-family (upper stories) Institutional/Public Facilities small scale commercial uses that Business:Food Sales/Service -church,temple or mosque provide products and services to •bakery,retail •community center neighborhoods. The provisions that regulate this land use district convenience store(without gas pumps) -government office should promote appropriate delicatessen -library commercial uses that are clearly •ice cream shop -police/fire station nonconflicting with neighborhoods coffee shop •post office in Jeffersonville. meat market -public park/recreation center small specialty -recycling collection point(no outdoor Jeffersonville's Plan Commission •grocery storage) should strive to use this district Business:General Business school sparingly and appropriately asa "spot zone"in the community. print shop/copy center Business:Food Sales/Service Business:Office/Professional -restaurant The Pian Commission and Board bank madhine/ATM -convenience Store(with gas pumps) of Zoning Appeals should also medicalldentat clinic Business:Office/Professional strive to exclude businesses from photographic studio -drive-thru bank machine/ATM the"NC"district that are not family professional offices Business:Recreation oriented or that have an adverse Business:Personal Service -public docks effect on the existing or future barberibeauty shop Communication/Utilities adjacent neighborhoods. -coin laundry -telecommunication facility child care center(day care) telephone exchange dry cleaning service public well -fitness cancer/gym utility substation -health spa Miscellaneous Business:Recreation -home occupation#1 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 4' Jeffersonville Zoning Ordinance Page 6 of 6 PC-16-58 223 Pearl St. "PR" District 4.3 "PR"District Intent, Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception CYses The"PR"(Parks and Recreation) Institutional/Public Facilities Institutional]Pubiic Facilities District is intended to provide a land public park/recreation center -cemetery or crematorium use category for parks,open space, Business: Recreation -community center ��rr.� playgrounds,and recreational ball fields museum areas. This zoning district may community swimming pool -school also serve as a buffer between gulf course commercial or industrial uses and g •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 minirnize lighting,noise and -country club other potential harmful effects of -driving range recreational uses. In addition, fairgrounds environmentally sensitive use of land should be encouraged, marina miniature golf -theater,outdoor Communication/Utilities -telecommunication facility 4-4 )sftIrogvilles Zoning Ordinance Page 8 of 9 PC-16-57 200 Block of Mulberry St "W" District 4.9 'W"District intent, Permitted Uses,and Special Exception Uses Distriet`Intell t Permitted Uses Permitted Uses(cont.) The"DC"(Downtown/Old City Rosidential 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,rnulti-family(upper floors) •sporting goods store the downtown. The provisions Business:Auto Sales/Services varlet store that regulate this land use district y should make the district compatible auto part sales(now) Miscellaneous with the"R3,""M1"and"M2" Business:f=ood Salcs/Service accessory uses residential districts,and"OC"and -bakery,retail "Cl"commercial districts. delicatessen iectaurant 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 coin laundry" -church,temple or mosque Petitions in the"D C"district may n 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/tiro station The Plan Commission and Board -architecture firm post office of Zoning Appeals should strive •bank/credit union •public park/recreation center to rnimmize parking lots in front -design services •public/private parking area of or between buildings,rather, -consulting firm Business:Food Sales/Service encouraging parking behind •insurance office -convenience store buildings and on the street. •investment firm •fanners market -planning firm Business:Office/Professional Professional office •drive-thru bank/credit union reading clinic •drive-thru bankmachine/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) •travelagenoy -billiard/arcade room Business:Recreation -dance/aerobics/gymnastics studio -video store -karate studio Business:Retail •lodge or private club •anuqua shop -theater,indoor •apparal shop (not adult entertainment) -aft gallery Cornmunicationlutilitics •art and craft studio telecommunication facility consignment store Miscellaneous depaiimant store home occupation#1 •fabric shop •flowershop -furniture store gift shop -hardware store •jewelry store •music store -news dealorlbookstore (not adult entertainment) -office supplies 4410 Jeffersonville Zoning Ordinance Page 9 of 9 PC-16-57 200 Block of Mulberry St