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HomeMy WebLinkAbout2016-OR-76 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2016-OR- 9& AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 4315 UTICA SELLERSBURG ROAD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R2 to C1 Whereas, Cory J. Richie filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 4315 Utica Sellersburg Road and fully described in the attached Exhibit A from R2: Medium Density Residential to Cl: Small to Medium Scale General Commercial 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 4315 Utica Sellersburg Road and fully described in the attached Exhibit A is hereby changed from R2: Medium Density Residential to Cl: Small to Medium Scale General 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 November, 2016. Common Council Of The City of Jeffersonville, Indiana VOTED FOR: VOTED AGAINST: S'A.1 .Ll . Tj'-' 7t'--t4'-Z Mat wen, Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this day of November, 204 Vicki Conlin City Clerk This Ordinance approved and signed by me this 1! da f ovemb 2016. Mike Moore, May r Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Cory J. Richie (PC-16-65) TO REZONE A CERTAIN TRACT 4315 Utica Sellersburg Rd FROM R2 to C1 CERTIFICATION O FAVORABL /UNFAVORABLE/NO RECOMMENDATION POSED ORDINANCE Whereas, Cory J. Richie filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from R2 to C1 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on November 1, 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 November 1, 2 016 , the Jeffersonville Plan Commission 12eC,-5 that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from R2 to C1 as requested in the petition of Cory J. Richie So certified this 1st day of November , 20 16 Chairman `,Yro� STAFF REPORT Department of Planning & Zoning — Plan Commission F soN*1, Case Number: PC-16-65 Petitioner: Cory J. Richie Location: 4315 Utica Sellersburg Rd. Request: Rezoning Proposed Use: Personal Storage/Potential Future Commercial Endeavor (Auto Body Shop) Zoning: R2 (Medium Density Residential) to C1 (Small to Medium Scale General Commercial) Council District: 6 — Scott Hawkins Date: November 1, 2016 Rezoning Request The applicant filed a rezoning application for property located at 4315 Utica Sellersburg Rd. The current zoning is R2 (Medium Density Residential) and the proposed zoning is C1 (Small to Medium Scale General Commercial). The applicant is seeking to use the property for personal storage, and at some point in the future, use it for a commercial auto body or auto repair business. Figure 1: Site Location t , Subject Property r , Sellersb�r�k • d # :. rt1•�F l t, Coronado Stone Page 1 of 6 PC-1 6-65 4315 Utica Sellersburg 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 V 4 Al Legend PubliMnstlutionel VacenVAgncvltural Recreation/Open Space Light lndus"I Single Family Residential Multi-Family Residential - mnact-use Heavy Indusinal - Commercial . Business Park/Industrial .City Limits 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 6 PC-16-65 4315 Utica Sellersburg Rd. Legend Primary Gateways Suburban Neighborhood Traditional Neighborhood/Workplace Suburban Workplace 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. Page 3 of 6 PC-16-65 4315 Utica Sellersburg Rd. Zoning Properties to the West, North, and East are zoned R2 (Medium Density Residential). Property to the Northwest (on the corner of Utica Sellersburg Rd. and Charlestown Pike) is zoned C1 (Small to Medium Scale General Commercial). Property to the South is zoned 11 (Business Park/Light Industrial). Figure 4: Zoning Map ,r ,a Subject Property—R2 t� r N II t Attached Plans & Documents: 1. R2 District Intent 2. C1 District Intent Page 4 of 6 PC-16-65 4315 Utica Sellersburg Rd. Is R2" District 3.5 ••112"District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The­R2"(Medium Density Residential Residential Residential)District is intended •child care home(owner-occupied) •bed and breakfast to provide a land use category •dwelling,single family •residential facility for developmentally for medium lots and small-sized •residential facility for developmentally disabled(over 4 bedrooms) single family detached homes. The disabled(4 bedrooms or less) Business:Recreation provisions that regulate this land residential facility for mental) ill use district should protect,promote rtY Y •golf course and maintain areas in Jeffersonville (4 bedrooms or less) Business:Personal Service for existing and future housing Miscellaneous -child care center(day care) growth, 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 Communication/Utility should strive to protect this district •public well from conflicting land uses,and -telecommunication facility oriented businesses. Miscellaneous The Plan Commission and Board of •home occupation#2 Zoning Appeals should also strive to promote an average net density of 4 to 6 dwelling units per acre community-wide in the "R2'•district, Miscellaneous Standards Incentives ,Developments of five(5)acres or more may reduce the minimum lot area under certain parameters as outlined in Article Nine of this Ordinance Process •Developments requesting incentives (above)require development plan review as defined in Article 9 of this Ordinance 3-6 Jeffersonville Zoning Ordinance Page 5 of 6 PC-16-65 4315 Utica Sellersburg Rd. "Cl" District 4.13 "Cl"District Intent,Permitted Uses,and Special Exception Uses District Intent Permitled Uses Permitted Uses The"Cl"(Small to Medium Scalebusiness:Auto SalestServices usmess: etar 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) provisions that regulate this land paint store Business:Food Sales/Service use district should not overly bake •shoe sales store restrict normal business practices. -bakery retail -sporting goods This district can be used adjacent convenience store(without gas pumps) / delicatessen •vane[ystore to all other commercial districts and Miscellaneous the"R3;"'M1"and"M2"residential •drrve-in restaurant -accessory uses districts. drrve-thru restaurant grocery/supermarket Jeffersonville's Plan Commission meat market should strive to use this district •restaurant Special Exce tion Uses with the"C2"District to encourage Business:Recreation Business:Auto Sales/Services 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(farmer's encourage"strip development", dance/aerobics/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 -coin laundry Communication/Utilities -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 •flowershop -furniture store -garden shop gift shop •hardware store home electronics/appliance store -jewelry store •liquor sales •music store 4.14 Jeffersonville Zoning Ordinance Page 6 of 6 PC-16-65 4315 Utica Sellersburg Rd. DEPARTMENT OF LAW . :�XT,r C)�',� Les iNferkley, Corporation CounseUDirector of Legal Affairs iy \c 812-285-6493 office 812-285-6403 fax w-ww.cityofjeff.net FRS0 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 4315 UTICA SELLERSBURG ROAD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R2 TO C 1 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 4315 UTICA SELLERSBURG ROAD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R2 TO C1 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 4315 Utica Sellersburg Road and fully described in Exhibit A from R2-Medium Density Residential to Cl-Small to Medium Scale General Commercial. 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.