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HomeMy WebLinkAbout2018-OR-63 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2018-OR- AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 4219 MIDDLE ROAD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1 TO C2 Whereas, Sprigler Company filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 4219 Middle Road and fully described in the attached Exhibit A from R1-Low Density Residential to C2- Medium to Large Scale General Commercial and, Whereas, on September 25, 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 October 1, 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 4219 Middle Road and fully described in the attached Exhibit A is hereby changed from R1-Low Density Residential to C2- Medium to Large 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 October 1, 2018. ,,q 01 8-OR--63 Common Council of the City of Jeffersonville, Indiana VOTED F : 0 VOTED AGAINST: /0- 4/7/parivii. / _,,,,,__ __ .4,1-, j' jelit_g_ _/r�i ittlit i w-,47-"ri, .4:- )0&41--101 r 61a, Li Gill, President yEST: %j .) Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this st day of October, 2018. / --j' .ii Vicki Conti, City Cler This Ordinance approved and signed by me this 1st day of Olto •:r, 2018. Mike Moore, Mayer Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Sprigler Company TO REZONE A CERTAIN TRACT 4219 Middle Rd FROM R1 (Low Density Residential)to C2 (Medium to Large Scale Commercial) CERTIFICATION OF FAVORABLE/UNFAVORABLE NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Sprigler Company 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 C2 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on September 25, 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 CERTID that on September 25, 2018 , the Jeffersonville Plan Commission �� eud� that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from R1 to C2 as requested in the petition of Sprigler Company So certified this 25 day of September , 20 18 . tail0 Chairman Exhibit "A" .,•:7-6. --‘7-6>\'''',,s,� STAFF REPORT ` W Department of Planning & Zoning — Plan Commission FRso/A- Case Number: PC-18-48 Petitioner: Sprigler Company Location: 4219 Middle Rd Request: Rezoning Proposed Use: Commercial Zoning: R1 (Low Density Residential) to C2 (Medium to Large Scale General Commercial) Council District: 3 — Callie Jahn Date: August 28, 2018 Rezoning Request The applicant filed a rezoning application for approximately 1.674 acres of property located at 4219 Middle Rd. The current zoning is R1 (Low Density Residential). Figure 1 shows the location of the subject property. V '9�' : .1/4" Subject Propertyi'k i '/ 4 9 .1'.''''' ''Vi "1-46, k: ' 'W' ',: 1 A,,4,..; 40 ,• N. -,•,•,.'ett.t4,:,...:,,,.. 4 ..„,,, -4, 4„\ \ - . . • . \ , •.,... .,...,,. ,\ . •_ , v ,..-..,.- ; . ., 4 . . . , ..,„ .,..-, , / , ,. ,, , .. .„. 4.„,_. •.,,• ,. , ... •„",-, , , . ,„ ate' ,•q9'' ,., .�; V. p .„ , ,., . i ilti. z" .?:_ 4 sem .. 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. Page 1 of 6 PC-18-45 4219 Middle Rd Rezoning Comprehensive Plan and Planning Districts lowmr. Legend --- Public Institutional - Vacant/Agricultural ReveatbNOpen Space • FmLight Industnal Single Family Residential Multi-Family Residential - Mixed-Use ry'r " - Heavy Industrial - Commercial - Business Park/Industnal Fp 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. Multi-Family Residential This land use category includes moderately dense residential development commonly adjacent to the city's core or other appropriate uses. This classification encourages supported uses such as religious facilities. This residential use only occupies a small amount of housing units in Jeffersonville, whether this type is rented or privately owned. Types of multi-family units include duplexes, apartments, and condos that vary by price Page 2 of 6 PC-18-45 4219 Middle Rd Rezoning Legend k ; Primary Gateways f,* "' `+ Suburban Neighborhood ` yd Traditional Neighborhood/Workplace ® Suburban Workplace Suburban Marketplace Traditional Marketplace Regional Marketplace Center Downtown Historic District Figure 3: Planning Districts Map Suburban Workplace A Suburban Workplace is a form characterized by predominately industrial and office uses where the buildings are set back from the street in a landscaped setting. Suburban workplaces often contain a single large-scale use or cluster of uses within a master planned development. New larger proposed industrial uses are encouraged to apply for a planned development district. Zoning The subject property is currently zoned R1 (Low Density Residential). Properties to the North are Zoned R1 (Low Density Residential) and 11 (Light Industrial/Business Park). Properties to the East are 12 (Industrial Park/Heavy Industrial). To the South, the adjacent property is zoned C2 (Medium to Large Scale General Commercial). To the West, the adjacent property is zoned R1-PD (Wolf Run Planned Development). Page 3 of 6 PC-18-45 4219 Middle Rd Rezoning Subject Property , ,, st R1 (proposed C2) , 44, \ ,,. R I ,t \\ \., '/ad \ , ',..-',.. * e' Wolf Ru12 Rl-PD \ il- n 'c,c \ t4 7 I -.1. ..,, i, ';`14,41'' '•-:-...,,,...• ,. , (--) 40.•-• i.4k - /4 ' ..1, ' 14 '44 f' "7. ... ,. Figure 4: Zoning Map Attached Plans & Documents: 1. R1 District Intent 1. C2 District Intent Page 4 of 6 PC-18-45 4219 Middle Rd 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 1,4 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"R7"district. 3-4 Jeffersonville Zoning Ordinance Page 5 of 6 PC-18-45 4219 Middle Rd Rezoning "C2" District 4.15 "C2"District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses tome electronics/appliance store The"C2"(Medium to Large Scale Institutional/Public Facilities •Jewelry store General Commercial)District is •hospital •liquor sales intended to provide a land use Business:Auto Sales/Services •music store category for most large scale •auto body repair shop •news dealer/bookstore general business uses. The •auto parts store (not adult entertainment) provisions that regulate this land •auto repair shop •office supplies use district should not overly f store restrict normal business practices. •auto sales(open air with showroom,full 'Paint This district can be used adjacent service mechanical with or without body Permitted Uses to all other commercial districts and shop) •plumbing supplies the"R3,""Ml"and"M2"residential •auto service(tire or muffler shop) •sporting goods store districts. However,buffering should Business:Food Sales/Service •variety store be provided between this district •convenience store(with gas pumps) Miscellaneous and any residential district. •drive-in restaurant •accessory uses •grocery/supermarket Jeffersonville's Plan Commission •restaurant and Board of Zoning Appeals Business:General Business should strive to use this district •hotel with the"Cl"District to encourage a strong and stable area for •motel Special Exception Uses commerce. •plant nursery Business:Auto Sales/Services •wholesale business •auto sales(open air,limited mechanical The Plan Commission and Board Business:Office/Professional services or body shop) of Zoning Appeals should not •bank/credit union •auto sales(open air,no services) encourage"strip development", •bank machine/ATM •auto service station rather development in clusters •drive-thru bank machine/ATM •auto wash(automatic and self) which share resources and •drive-thru bank/credd union •oil change service(enclosed) minimize the cost of public utilities and services. The Plan Commission •office complex •recreational vehicle sales(motor home and Board of Zoning Appeals •medical/dental clinic sales) should also strive to minimize Business:Personal Service Business:Food Sales/Service lighting,un-landscaped large •barber/beauty shop 'convenience store(with gas pumps) parking lots,parking lots fronting •drive-thru dry cleaning service Business:General Business major streets,and traffic conflicts in .dry cleaning service •airport the"CT'District. •fingernail salon •boat sales/service •fitness center/gym •funeral home or mortuary •health spa •helipad or heliport •tanning salon •light rail station Business:Recreation •sign painting/fabrication •banquet hall •mini-storage facility(mini warehouse) •bowling alley •motor bus station •theater,indoor •railroad station (not adult entertainment) Business:Recreation •video store •ball fields Business:Retail •bar/night club •antique shop (not adult entertainment) •apparel shop •theater,outdoor •department store (not adult entertainment) •drug store Business:Retail •electrical supolies •lumber yard •fabnc shop •satellite dish sales/service •floor coverings •kennel(commercial) •flower shop Communication/Utilities •furniture store •public wells •enclosed shopping mall •radio/TV station •gift shop •telecommunication facility 'hardware store •heating&cooling sales/service 4-16 Jeffersonville Zoning Ordinance Page 6 of 6 PC-18-45 4219 Middle Rd Rezoning CITY OF JEFFERSONVILLE DEPARTMENT OF LAW G1�,Y O� Les Merkley, Corporation Counsel/Director of Legal Affairs zit '��vp� o 812-285-6493 office L.. -, !��4! 812-285-6403 fax �/ www.cityofjeff.net �FRSON�` 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 4219 MIDDLE ROAD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1 TO C2 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 4219 MIDDLE ROAD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1-LOW DENSITY RESIDENTIAL TO C2-MEDIUM TO LARGE SCALE GENERAL COMMERCIAL 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 4219 Middle Road and fully described in Exhibit A from R1-Low Density Residential to C2-Medium to Large Scale General Commercial. A public hearing will be held on October 1, 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. ___,S14ril'ec Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812)285-6423 An equal opportunity employer.