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HomeMy WebLinkAbout2018-OR-74 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2018-OR- /4/ AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 4600 BLOCK OF CHARLESTOWN PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Al TO R3 Whereas, Greg Lander & David Miller filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 4600 Block of Charlestown Pike and fully described in the attached Exhibit A from Al-Agriculture to R3-Old City Residential and, Whereas, on November 27, 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 December 3, 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 4600 Block of Charlestown Pike and fully described in the attached Exhibit A is hereby changed from Al-Agriculture to R3- Old City Residential. 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 ..3 day of December, 2018. o,i9. -op- 24 Common Council of the City of Jeffersonville, Indiana VOT D F• • / VOTED AGAINST: lAi% l" ' W /, .,iii -�T •ll: tW "0/Mil tt.d.iArj.-144-vt Li Gill, President A ES . .� .- Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said 1 of Jeffersonville this '� day of December, 2018. / te-i- ' Vicki Conlin City Clerk This Ordinance approved and signed by me this day of D- -mber,Ir018. NIA- Mike More, Mayor Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF TO REZONE A CERTAIN TRACT 4600 block of Charlestown Pike(Parcel#10-42-03-600-270.000-039) FROM Al (Agriculture to R3(Old City Residential CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Greg Lander& David Miller filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A(the "Property"), from Al to R3 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on November 27, 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 November 27, 2018 , the Jeffersonville Plan Commission Favorably Recommends that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from Al to R3 as requested in the petition of Gilmore Construction Inc. So certified this 27 day of November , 20 18 . Chairman N STAFF REPORT , jw Department of Planning & Zoning — Plan Commission -4so / Case Number: PC-18-74 Petitioner: Greg Lander& David Miller Location: 4600 blk Charlestown Pike (Parcel #10-42-03-600-278.000-039) Request: Rezoning Proposed Use: Residential Zoning: Al (Agriculture) to R3 (Old City Residential) Council District: 6 — Scott Hawkins Date: November 27, 2018 Rezoning Request The applicant filed a rezoning application for approximately 25 acres of property located in the 4600 block of Charlestown Pike (Parcel #10-42-03-600-278.000- 039). The current zoning is Al (Agriculture). Figure 1 shows the location of the property. / t.� o Subject Property i r ' ''.�" �,€ ,i 4 J) , .-07 , "7, ,,.:\op' ►, 'Tct _ .. .'. ♦ .; r . g i- e .',. �, %ir ,;-. �3 ke, ra., ,,,,,,,,, 4,,,,,, , ,,,„„,.„ ,:„ . , , ,,, , ,.,. ,, e F ,S,9,Q ,+r 1.♦ r®)�4'r.OF ; VIG 9,.,i ,:1Mi te. 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-18-74 4600 blk Charlestown Pike Rezoning Comprehensive Plan and Planning Districts Legend /4 Public/Institutional - VacantiAgncultural I Recreation/Open Space Light Industrial �/" Single Family Residential 0 I. Multi-Family Residential 1 `,�\ Mixed-Use 'a . Heavy Industrial 4.'• 11111 Commercial v ® Business Park/Industrial f`.i a 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-18-74 4600 blk Charlestown Pike Rezoning Legend R Primary Gateways r Suburban Neighborhood Traditional y ' Neighborhood/Workplace ik � • Suburban Workplace 4:44: Suburban Marketplace Traditional Marketplace 4 4i ,l. 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. Suburban Neighborhoods 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 The subject property is currently zoned Al (Agriculture), with a proposed zoning of R3 (Old City Residential. Properties to the North are zoned Al (Agriculture). To the West, properties are zoned R2 (Medium Density Single Family Residential). Properties to the South and East are zoned 11 (Business Park/Light Industrial). Figure 2 illustrates the zoning within the vicinity. Page 3 of 6 PC-18-74 4600 blk Charlestown Pike Rezoning 1 i z t�.� Q ` �0`,, �3 Subject Property , ,¢ ^, IQ 1 Al (proposed R3) s Al ;{ 4i hr, 4 g.A .ia14C2 R2 k !r� f N% Al District 3.1 Al District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The Al(Agricultural Zone)District Agricultural Uses Agricultural Uses is intended to be used as follows: •agricultural crop production •processing of agricultural products •farmstead Commercial Uses Use Type and Intensity •greenhouse •kennel •Agricultural operations •nursery •gun clubs,skeet shoots,or target Application of District •orchard ranges •Existing agricultural land •raising of farm animals' •barber/beauty shop(home occupation) Development Standards •sale of agricultural products Business:Recreation 'Recognize the need for strict develop- 'stable,private •golf course ment standards to maximize •storage of agncuttural products •paintball facility(outdoor) •Protection of agricultural practices •tree farm Institutional/Public Facilities Jeffersonville's Plan Commission •vineyard •public park/recreationalcenter and Board of Zoning Appeals 'weaning calves •cemetery/mausoleum should strive to protect this •wild animal population control Communication/Utility district from conflicting land Commercial Uses public well uses,and non-family oriented •farmers market •telecommunication facility agricultural operations,as well as •plant nursery Miscellaneous encroachment from single-family •stable,small commercial • artificial lake or pond over one(1) acre residential development. •stable,large commercial in size The Plan Commission and Board •winery of Zoning Appeals should strive Institutional Uses to promote an average net density •church,temple,or mosque of 1 to 2 dwelling units per acre Residential community-wide in the Al district. •dwelling,single family •bed and breakfast 'Does not include Concentrated Animal Feeding Operations(CAFOs) or Confined Feeding Operations 3-2 Jeffersonville Zoning Ordinance Page 5 of 6 PC-18-74 4600 blk Charlestown Pike Rezoning "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) that regulate this land use district •dis Medi(overl facility for oovelopmentally should protect,maintain and •residential facility for mentally ill disabled 4 bedrooms) 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#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 business encroachment, •telecommunication facility conflicting land uses,and non- family oriented businesses. Miscellaneous •home occupation#2 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. 3-8 Jeffersonville Zoning Ordinance Page 6 of 6 PC-18-74 4600 blk Charlestown Pike Rezoning CITY OF JEFFERSONVILLE DEPARTMENT OF LAW G�j,W ��\ Les Merkley, Corporation Counsel/Director of Legal Affairs / eiti N 812-285-6493 office W 812-285-6403 fax N)..V • `v www.cityofjeff.net ASO� 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 4600 BLOCK OF CHARLESTOWN PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Al TO R3 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 4600 BLOCK OF CHARLESTOWN PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Al-AGRICULTURE TO R3-OLD CITY RESIDENTIAL 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 4600 Block of Charlestown Pike and fully described in Exhibit A from Al-Agriculture to R3-Old City Residential. A public hearing will be held on December 3, 2018 at 7:00 p.m. in the City Council Chambers, 1' 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. ........„..a..944-1A1)46. Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 An equal opportunity employer.