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HomeMy WebLinkAbout2016-OR--75 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL / ORDINANCE 2016-OR- /-5 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 812 PENN STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 to IS Whereas, Angela Ray filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 812 Penn Street and fully described in the attached Exhibit A from R3: Old City Residential to IS: Institutional and, Whereas, on November 1, 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 November 7, 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 812 Penn Street and fully described in the attached Exhibit A is hereby changed from R3: Old City Residential to IS: Institutional. 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 November, 2016. a© 1 - (!� I2- 15 Common Council Of The City of Jeffersonville, Indiana VOTED FOOR:n VOTED AGAINST: A l.� rA Matt n A Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this day of November, 2016. Vicki Conlin City Clerk This Ordinance approved and signed by me this day N vember 2016. ^ Mike oore, Mayo Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Angela Ray (PC-16-64) TO REZONE A CERTAIN TRACT 812 Penn St . FROM R3 to 1S CERTIFICATION OF AVORABL NF RECOMMENDATION OSED ORDINANCE Whereas, Angela Ray filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from 3 to IS ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on October 25, 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 October 25, 2016 the Jeffersonville Plan Commissionthat the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from R3 to IS as requested in the petition of Angela Ray So certified this 25t1day of October 20 16 . Chairman G`-f Y°,: STAFF REPORT Department of Planning & Zoning — Plan Commission 0- Case Number: PC-16-64 Petitioner: Angela Ray Location: 812 Penn St. Request: Rezoning Proposed Use: Social Service Program (Child Care Institution) Zoning: R3 (Old City Residential) to IS (Institutional) Council District: 1-Dustin White Date: November 1, 2016 Rezoning Request The applicant filed a rezoning application for property located at 812 Penn St. The current zoning is R3 (Old City Residential) and the proposed zoning is IS (Institutional). The applicant is seeking a special exception use the property from the Board of Zoning Appeals, for a social service program. The closest matching use will be a child care institution, specifically a day reporting center for at risk youth. Fi ure 1: Site Location Subject Property V '�J Branham Tabernacle Page 1 of 5 PC-16-64 812 Penn 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 6# - Legend 812 Penn St. Putiliclnshtutiooal / Vacant/Agncultural . Re eaOoNOpen Space Light Industrial F ' Single Family Residential Multi-Family Residential - Mixed-use - H—V Industrial - Commercial - Busmss ParWlndustriel ' o limns R – 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 5 PC-16-64 812 Penn St. Legend j Primary Gateways Suburban Neighborhood Traditional Neighborhood/Workplace Suburban Workplace 4, Suburban Marketplace Traditional Marketplace Regional Marketplace Center Downtown Historic 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. Zoning Properties to the West, North, and East are zoned R3 (Old City Residential). Properties to the South and Southeast are zoned IS (Institutional). Fi ure 4: Zonin Ma R3 IS IS R3 Subject Property—R3 Page 3 of 5 PC-16-64 812 Penn St. Attached Plans & Documents: 1. R3 District Intent 2. IS District Intent "R3" District 3.7 "R3"District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special E%ception 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 -boa ding 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 fac�ldy for developmentally that regulate this land use district -residential facility for mentally ill disabled(over 4 bedrooms) should protect,maintain and promote where possible the"old t4 bedrooms or less) Business:Personal Service city residential character'in Miscellaneous -child care center(day care) Jeffersonville. •accessory uses Institutional/Public Facilities •home occupation#1 •public park/recreational center Jeffersonville's Plan Commission •church.temple or mosque and Board of Zoning Appeals CommunicationfUtility should strive to protect this district •public well from business encroachment. -telecommunication facility conflicting land uses,and non- Miscellaneous family oriented businesses. -home occupation#2 The Plan Commission and Board of Zoning Appeals should strive to promote an average net density of 7 to B dwelling units per acre community-wide in the"R3"district. 3.8 Jeffersonville Zoning Ordinance Page 4 of 5 PC-16-64 812 Penn St. "IS" District 4.1 "IS"District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"IS"(Institutional Uses)District Institutional/Public Facilities Residential is intended to provide a land use •community center -child care institution(children's home) category for institutionally owned church.temple or mosque •nursing home lands,including state,county, •government budding •residential facility for the and city facilities. The IS district .government office developmentally disabled(large) is also intended for social service oriented uses;and similar nonprofit •library •residential facility for the mentally ill quasi-public Institutions where museum Institutional/Public Facilities the use is for public purpose •police/fire station -cemetery or crematorium and is anticipated to remain so •post office •drug/alcohol rehabilitation clinic permanently. •public/private parking area -hospital •school •public park/recreation center The Plan Commission and Board of -trade or business school -recycling collection point Zoning Appeals should encourage institutional structures and uses Business: General Business Business: General Business to set a standard for development •funeral home or mortuary •airport throughout the planning •helipad or heliport jurisdiction. -light rail station -motor-bus station -railroad station Communication/Utilities •public well •sewage treatment plant -telecommunication facility -telephone exchange •utility substation 4-2 Jeffersonville Zoning Ordinance Page 5 of 5 PC-16-64 812 Penn St. Letter of Intent - addendum to: City of Jeffersonville Board of Zoning Appeals from: Angela Ray Re: 812 Penn St., Jeffersonville, IN Thank you for this opportunity to further elaborate on the plans for 812 Penn Street. Day Reporting is a supervision program for abused, neglected and/or court involved youth. The hours will be 2:30-7:30 pm Monday through Friday. # of youth usually present: 1 - 8 age range 10-17 This is not a residential program - NO YOUTH will be housed overnight in the building. All youth are fully supervised at all times by social work professionals. Property will maintain residential appearance (no current plans for sign ag%xterior changes) The program is funded through service contracts with the state of Indiana and donations. Family Time, Inc. and HELP (Healing Empowering and Linking People) are the entities involved. Family Time has been in existence for 15 years, is currently housed in the CAST building and currently serves about 400 families across 5 southern Indiana counties (Clark, Scott, Washington, Floyd and Harrison). Family Time is a social service agency that provides home based casework, supervised visitation, home based therapy, parent education classes, fatherhood engagement services and homemaker services for abused and neglected children and their families. Referrals come from Family Case Managers with the Indiana Department of Child Services and the court system. The Clark Day Reporting program has been in operation for 2 years as of Dec. 2016. The program was previously operated out of the Family Time offices at CASI at 1613 East 8th Street. The program is in need of a separate facility due to program growth (the only other DR Program in Clark county through Family Ark recently closed). Furthermore, a home like setting is more conducive to achieving the program goals. For example, one goal area is "independent living" - and since the program runs through the evening dinnertime hours, the kids are required to plan and cook meals - hence a kitchen is essential. The program is based upon the 6 domains of positive youth development: Education - All youth must be enrolled in school, tutoring and communication with school teachers & counselors is part of the program. Community -to enhance youth's understanding of and sense of belonging within the community, volunteer work (community garden plot, community kitchen, headstart, homeless shelter, trash picking up at greenway) is done on a regular basis. Creativity- art projects, attending community art events. Health - linkage to healthcare providers, exercise, nutrition education (cooking classes). Relationships - group sessions utilizing evidence based resources & curriculum (Character Development and Leadership). Work & Independent Living- budgeting, shopping, cooking, meal planning, home maintenance,job/interview preparation (Workone). The building at 812 Penn was chosen due to affordability and convenience of location. The program will be a good neighbor. Since acquiring property, a massive cleanup (40 yard dumpster/weed removal + landscaping) and maintenance effort (new AC & furnaced, wood floors refinished/interior painting) have resulted in transforming 812 Penn from a vacant eyesore/dump to a safe and well-maintained property. Thank you for your kind consideration of this zoning request. CITY OF JEFFERSONVILLE DEPARTMENT OF LAW "G 6�r� Les Nlerkley, Corporation Counsel/Director of Legal Affairs 812-285-6493 office 812-283-6403 fax www.cityofeff.net �RSOJeffersonville 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 812 PENN STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 TO IS NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 812 PENN STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 to IS 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 812 Penn Street and fully described in Exhibit A from R3-Old City Residential to IS-Institutional. A public hearing will be held on November 7, 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.