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HomeMy WebLinkAbout2019-OR-8 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2019-OR- ) AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1002 EAST 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 TO NC Whereas, Patrick O. Broderick, filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 1002 East 10th Street and fully described in the attached Exhibit A from R3-Old Residential to NC- Neighborhood Commercial and, Whereas, on February 26, 2019 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 March 4, 2019; 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 1002 East 10th Street and fully described in the attached Exhibit A is hereby changed from R3- Old Residential to NC- Neighborhood 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 4th day of March, 2019. ( 019-cR- 8 Common Council of the City of Jeffersonville, Indiana VOTED F I R: r VOTED AGAINST: el , , ,-..mitt. AL-----)- ' ,r/ ill/ 41 '4 /4----, i� /bidir _ EL,A,6, ri6LUL / Ed Zastawny, President A/ EBS. I. Vicki Conlin di* City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this) day of March, 2019. /124.i. 72:---/--- Vicki Conlin City Clerk / 1 1 This Ordinance approved and signed by me this day . arc , 20 :,. 001 Mike Mbore, Mayo Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Patrick O.Broderick TO REZONE A CERTAIN TRACT 1002 E 10th St FROM R3(Old Residential)to NC(Neighborhood Commercial) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Patrick O.Broderick filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from R3 to NC ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on February 26, 2019 ; 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 February 26, 2019 , the Jeffersonville Plan Commission Favorably Recommends that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from R3 to NC as requested in the petition of Patrick O.Broderick So certified this 26 day of February , 20 19 . Chairman STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Patrick O.Broderick TO REZONE A CERTAIN TRACT 1002 E 10th St FROM R3(Old Residential)to NC (Neighborhood Commercial) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Patrick O.Broderick filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from R3 to NC ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on February 26, 2019 ; 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 February 26, 2019 , the Jeffersonville Plan Commission Favorably Recommends that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from R3 to NC as requested in the petition of Patrick O.Broderick So certified this 26 day of February , 20 19 . Chairman 1(6-i-. \ STAFF REPORT ,`( Qo9 mT, ----- �l Department of Planning & Zoning — Plan Commission GFRs#J`/ Case Number: PC-19-06 Petitioner: Patrick 0.Broderick Location: 1002 E 10th St Request: Rezoning Proposed Use: Commercial Zoning: R3 (Old City Residential) to NC (Neighborhood Commercial) Council District: 1 — Dustin White Date: February 26, 2019 Rezoning Request The applicant filed a rezoning application for .17 acres parcel of property located at 1002 E 10th St. The current zoning is R3 (Old City Residential) and the proposed zoning is NC (Neighborhood Commercial). Figure 1 shows the location of the subject properties. ,y F w f t, s.,* .,., .,, -..„.,-. ,..-,,,,,... - x ,,,, / ,.....,4„.. -7,...8.(i:.:.,,,, ,t4 e 4 , .,. :R �= Subject Property v Aili , - * -.*' ,* ,, \\\:.' „/ ' • '-;.' - .; <\•4, -\' '' 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 Page 1 of 6 PC-19-06 1002 E 10th St Rezoning • Responsible development and growth. Comprehensive Plan and Planning Districts Legend Pi.nlrJhStieitlonal Re:reation?Open Space :;.., Lent Industrial .Heavy'ndustial • Business Park/Industrial Sind Family Residential rd y y.Fansy Residentl8 td.ed-Residential n, -M><edL se•Com/Res -Commercial Cay lints Road Figure 2: Future Land Use Plan Mixed-Use This use blends a combination of residential, commercial, cultural, institutional, or industrial uses, or allows solely commercial uses. It can be one building, an urban, suburban, or village development. The blend should be physically integrated and functionally related to create a center or community. This use typically creates a greater variety in housing, reduced distances between housing, workplaces and amenities, more compact development, stronger neighborhood character, and should be pedestrian and bicycle friendly. _ Legend r Primary Gateways Suburban Neighborhood 44 Traditional Neighborhood/Workplace Suburban Workplace 1 *' uburban Marketplace Traditi•nal Market•lace eg. a 1Narke.'.ce'Center Downtown Historic District Figure 3: Planning Districts Map Traditional Marketplace Corridors Traditional Marketplace Corridors are along major roadways where the pattern of development is distinguished by a mixture of low to medium intensity uses such as Page 2 of 6 PC-19-06 1002 E 10th St Rezoning neighborhood-serving shops, small specialty shops, restaurants, and services. The Traditional Marketplace Corridor was expanded along 10th Street to encourage a form that is more pedestrian oriented with development that has little or no setbacks. The uses in Traditional Marketplace Corridors frequently have apartments or offices on the second story. Buildings generally have little or no setback, roughly uniform heights and a compatible building style. Buildings are oriented toward the street and typically have 2-4 stories. New development and redevelopment should respect the predominant rhythm, massing and spacing of existing buildings. There should also be a connected street and alley system. New development should maintain the existing grid pattern and typical block size with parking provided either on- street or in lots at the rear of buildings. Flexible and shared parking arrangements are encouraged and streets capable of permitting parking on the street is usually desirable. Wide sidewalks, street furniture and shade trees contribute to a pedestrian friendly environment that invites shoppers to make multiple shopping stops without moving their vehicle. The area should also be easily accessible by pedestrians, transit and bicycle users. The attention to discreet signs can also help make this a very desirable form. A premium should be placed on the compatibility of scale, architectural style, and building materials of any proposed developments with nearby existing development on the corridor. Traditional Neighborhoods This form is characterized by predominately residential uses, by a grid pattern of streets with sidewalks and often including an alley. Residential lots are predominately narrow and often deep, but the neighborhood may contain sections of larger estate lots, and also sections of lots on which appropriately integrated higher density residential uses may be located. The higher density uses are encouraged to be located in centers or near parks and open spaces having sufficient carrying capacity. Traditional Workplace A Traditional Workplace is a form characterized by predominately small to medium scaled industrial and employment uses. The streets are typically narrow, in a grid pattern and often have alleys. Buildings have little or no setback from the street. Traditional workplaces are often closely integrated with residential areas and allow for a mixture of industrial, commercial and office uses. New housing opportunities should be allowed as well as civic and community uses. Zoning Properties to the East and to the West across French St, are zoned Cl (Small to Medium Small Scale General Commercial). To the North, properties are zoned R3 (Old City Residential). Property to the South are zoned PR (Parks & Recreation). Figure 4 illustrates the zoning within the vicinity. Page 3 of 6 PC-19-06 1002 E 10th St Rezoning ....J,,..x,,,,,. ,y, ,„ „. xf.n,-,,,- r, ., -,7,‘ ,-.,.,;,-,,,,, ; : ;40)4 4 wd \ ,. 44.'4,.. " -' �, �., Subject Property 10� R3 rE CI ,, IiY£ ` �.x A 1, s <, R3 pes ' y Figure 4: Zoning Map Attached Plans & Documents: 1. R3 District Intent 2. NC District Intent (with proposed updates) Page 4 of 6 PC-19-06 1002 E 10th St 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) •residential facility for developmentally that regulate this land use district •residential facility for mentally ill disabled(over 4 bedrooms) should protect,maintain and (4 bedrooms or less) Business:Personal Service promote where possible the"old 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- Miscellaneous 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 5 of 6 PC-19-06 1002 E 10th St Rezoning "NC" District 4.5 NC District Intent, Permitted Uses, and Special Exception Uses District Intent Permitted Uses Permitted Uses The"NC"(Neighborhood Business:Personal Service Miscellaneous Commercial)District is Intended •Barber/Beauty Shop/Nail salon •Accessory Uses to provide a land use category for •Child Care(Day Care) •Home occupation#1 small-scale commercial uses that •Coin laundry •Home occupation#2 provide products and services to •Fitness Center/gym neighborhoods.The provisions •Health Spa that regulate this land use district •Pet care/grooming-no outdoor should promote appropriate kennels commercial uses that are clearly •Shoe Repair non-conflicting with ajacent •Tailor/Pressing Shop neighborhoods in Jeffersonville. Business:Office/Professional •Bank Machine/ATM Jeffersonville's Plan Commission •Architecture/Planning/Design Firm should strive to use this district •Contractor office(no outside storage) Special Exception Uses exclusively for small,existing lots •Insurance Office along important road coridors in •Investment Firm Residential older portions of the City. •Medical/Dental/Therapy Clinic •Boarding House(Owner occupied) The Plan Commission and Board •Photography Studio Institutional/Public Facilites •Professional Office •Community Center of Zoning Appeals should strive •Real Estate Office •Government Office to exclude businesses from the •Title Company •Library "NC"district that are not family •Travel Agency •Police/Fire Station oriented or that have an adverseBusiness•Recreation •Post Office effect on the existing adjacent •Dance/Aerobics/Gymnastics studio •Public Park/Recreation Center neighborhoods. • Karate/Martial Arts Business:Ofrlce/Professional •Video Store(not adult entertain't) •Drive Thru Bank/Credit Union Business:Retail •Drive Thru Bank Machine/ATM •Antique Shop Business:Personal Service Permitted Uses •Apparel Shop •Dry Cleaning Service(Drop off) Residential(upper floors or rear of •Art Gallery •Dry Cleaning Service(Drive Thru) building only) •Arts/Crafts Studio •Tattoo/Piercing Shop •Dwelling,Single-family •Boutique/Other small retail store Communlcations/Utllltles •Dwelling,Two-family •Consignment Store •Telecommunications Facility •Dwelling,multi-family •Drug Store Business:Food Sales/Service 'Fabric Shop •Bakery,retail •Flower Shop •Convienence Store(no gas) •Gift Shop •Coffee Shop •Jewelry Store •Delicatessen •Music Store •Grocery(small specialty) •News Dealer/Bookstore(not adult •Ice Cream Shop entertainment) •Meat Market •Thrift Store •Restaurant Instltutional/Public Facilities Business General •Church,Temple,or Mosque •Print shop/copy center •Bed and Breakfast 4-10 Jeffersonville Zoning Ordinance Page 6 of 6 PC-19-06 1002 E 10th St Rezoning CITY OF JEFFERSONVILLE DEPARTMENT OF LAW YoA.. Les Merkley, Corporation Counsel/Director of Legal Affairs 812-285-6493 office LicEn - 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 1002 EAST 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 to NC NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1002 EAST 10TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3-OLD RESIDENTIAL TO NC-NEIGHBORHOOD 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 1002 East 10th Street as recommended by the Plan Commission from R3-Old Residential to NC-Neighborhood Commercial. A public hearing will be held on March 4,2019 at 7:00 pm 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.