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Home My WebLink About2018-OR-33 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2018-OR- ..53 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 3440 CHARLESTOWN PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1 TO M1 Whereas, George and Katheryn Winchell filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 3440 Charlestown Pike and fully described in the attached Exhibit A from R1-Low Density Residential to M1-Low Density Multifamily and, Whereas, on May 29, 2018 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 June 4, 2018; 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 3440 Charlestown Pike and fully described in the attached Exhibit A is hereby changed from R1-Low Density Residential to M1-Low Density Multifamily. 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 June 4, 2018. ;0l3 - 0R•33 Common Council of the City of Jeffersonville, Indiana VOT D F R: VOTED AGAINST: a. • `" Ahiag_ 4 L .L v . [,,„t,q1J4,tt. Lis Gill, President /_4Aitt &)z Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this day of June, 2018. Vicki Conlin City Clerk This Ordinance approved and signed by me this 42 day of : 2018. Mike More, Mayor Prepared by: Les Merkley Corporate Counsel Exhibit "A" 6troc STAFF REPORT • �� . Department of Planning & Zoning — Plan Commission GFRs 0%4 Case Number: PC-18-26 Petitioner: George and Katheryn Winchell Location: 3440 Charlestown Pike Request: Rezoning Proposed Use: Multifamily Zoning: R1 (Low Density Residential) to M1 (Low Density Multifamily) Council District: 4-Scottie Maples Date: May 29, 2018 Rezoning Request The applicant filed a rezoning application for approximately 3.49 acres of property located at 3440 Charlestown Pike, adjacent to 1265. The current zoning is R1 (Low Density Residential), and the proposed zoning is M1 (Low Density Multifamily). The applicant intends to build senior housing for ages 55 and older empty nesters. Figure 1 shows the location of the subject property. ; t-,,,. _ .,ildel ` ,rfg44 ,,,,, .,,, . >f 4' ,:"+d ,�^�: Subject .far 4 ,it.iikt),,,,r ..,..-•t Property z ° t �i tv1' S 7!Y�i� Fj .y.. fik. YtY p i o., ,IVA . 1' " . f i koi , '! '; ...., 4 - „,/#16i. . , •. ,„-:...--. , ,- - l'r am"" •• ' griL. 1 1 • i 1,`LP milli ..4.4 , ' .,'1,i"^",,T:40 ), . , . .4":4ilf •• -..4.4 /- .- ,"-c.4.011.j7----Ak. y 'Al ...: if„ 1 4. = or . , ,,,, ":".Z%"4. AMU.ss , - . . Figure 1: Site Location Page 1 of 6 PC-18-26 3440 Charlestown Pike Rezoning 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 Legend i'ubhirn btuaunul ▪ VaumUAgmc dtural RarrnateusOryen Spare lent Industrial IC) Single I artily Residential MWtl FamilyResidential 11111Mixed-llrd inHeavy Industrial - Commercial - rRimlessPark,lraluslnal 3 City I rmils 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-18-26 3440 Charlestown Pike Rezoning 7:.--- ,--1-jLegend , ; Primary Gateways Suburban Neighborhood Traditional refNeighborhood/Workplace Suburban Workplace i Suburban Marketplace Traditional Marketplace Regional Marketplace Center a 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 East, and South are zoned R1 (Low Density Residential). Across 1265 to the North, properties are zoned I1 (Business Park/Light Industrial), R1 (Low Density Residential), and R-2 (Medium Density Residential). Properties the West across Charlestown Pike are zoned R2 (Medium Density Residential). There are also properties zoned R3 (Old City Residential) and PD (Planned Unit Development) in the immediate vicinity. Figure 4 displays the zoning classifications of the area. Page 3 of 6 PC-18-26 3440 Charlestown Pike Rezoning •. ...-- , ff/,,+4- / 4 4,.. -4.. k ' ..1. ,•;'"•41*-::‘,T4?" t,..- t . ''''', - . IV? ''''''"'*-•,.... - - ., j • --,-,k,. / R.1,. Subject /-mrfowni Property R1 -f" R2 '• -i,.. .o. R < 1414r Vi ' ,^-,_,_, R 1 /4" 7 '-•,,,,41N.' '" ,,-4' A1/4,"\ '-',,,, '. -,R 1 — , •- ?.z., /11; "" ......,..s' :• ,„,,,,' ":::k' , -. _iik ../. 4,,:\" . s. ,- R\\ ,,,,A• 7:—. pp - 1 ; N.'1.. * •-.L. , it-AL, ... ' ,- ".." If: 4 ) Figure 4: Zoning Map Attached Plans & Documents: 1. R1 District Intent 2. M1 District Intent Page 4 of 6 PC-18-26 3440 Charlestown Pike Rezoning "R1" District 3.3 "R1"District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"R1"(Low Density Residential) Residential Residential District is intended to provide a •child care home(owner-occupied) •residential facility for developmentally land use category for medium lots -dwelling,single family disabled(over 4 bedrooms) and medium-sized single family •residential facility for developmentally Business:Recreation detached homes. The provisions disabled(4 bedrooms or less) •golf course that regulate this land use district •residential facility for mentally ill Institutional/Public Facilities should protect,promote and (4 bedrooms or less) •public park/recreational center maintain areas in Jeffersonville for existing and future housing growth. Miscellaneous •church,temple,or mosque •accessory uses Communication/Utility Jeffersonville's Plan Commission •home occupation#1 •public well and Board of Zoning Appeals •telecommunication facility should strive to protect this district Miscellaneous from conflicting land uses,and •artificial lake or pond over one(1)-acre non-family oriented businesses. in size •home occupation#2 The Plan Commission and Board of Zoning Appeals should strive to promote an average net density of 3 to 4 dwelling units per acre community-wide in the"R1"district. 3-4 Jeffersonville Zoning Ordinance Page 5 of 6 PC-18-26 3440 Charlestown Pike Rezoning M1 District 3.9 M1 District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"Ml"(Low Density Multifamily Residential Institutional/Public Facilities Residential)District is intended to •child core home •church,temple,or mosque provide a land use category for *dwelling,multifamily(duplex) Miscellaneous Use small-scale multifamily residential •dwelling,multifamily(3 to 4 units) •home occupation#1 (i.e.duplex,triplex,and quadplex). •dwelling,single-family The provisions that regulate this •residential facility for developmentally disabled zoning district allow a limited mix of (4 bedrooms or less) residential uses and up to two primary •residential facility for mentally ill(4 bedrooms structure per lot. or less) The"Ml"district is applicable to new Miscellaneous Use and existing developments,small in •accessory uses area,and development standards that recognize multifamily development requires more stringent development standards to protect the quality of life of tenants Jeffersonville's Plan Commission and Board of Zoning Appeals should use this district for existing developments and carefully for new residential developments. A special exception use should be granted only when a development is clearly comparable to the intent and standards of this district. 3-10 Jeffersonville Zoning Ordinance Page 6 of 6 PC-18-26 3440 Charlestown Pike Rezoning STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF George and Kathryn Winchell PC-18-26 TO REZONE A CERTAIN TRACT 3440 Charlestown Pike FROM R1 to M1 CERTIFICATION OF AVORABL UNFAVORABLE/NO RECOMMENDATION F OPOSED ORDINANCE Whereas, George and Kathryn Winchell filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from R1 to M1 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on May 29, 2018 ; 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 May 29, 2018 , the Jeffersonville Plan Commission Favorably Recommends that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from R1 to M1 as requested in the petition of George and Kathryn Winchell So certified this 29 day of May , 2018 . 'Let Chairman CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley,Corporation Counsel/Director of Legal Affairs iT,y Op(6, . 812-285-6493 office . , I' N 812-285-6403 fax lJ www.cityofjeff.net A•FRs014.1 Jeffersonville City Hall 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 3440 CHARLESTOWN PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1 to M1 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 3440 CHARLESTOWN PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM 121 TO Ml 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 3440 Charlestown Pike and fully described in Exhibit A from R1-Low Density Residential to M1-Low Density Multifamily. A public hearing will be held on June 4, 2018 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. _ 944'1611? . Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812)285-6423