HomeMy WebLinkAbout2019-OR-17 STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE 2019-OR- 12
AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF
PROPERTY LOCATED AT 1805-1807 EAST 8TH STREET AND FULLY DESCRIBED IN ATTACHED
EXHIBIT A FROM Cl AND R2 to IS
Whereas, Thomas Kalonji for the Early Church of Yeshua Ha Mashyah, Inc, filed a
petition before the Jeffersonville Plan Commission to change the zoning map designation of the
real property located at 1805-1807 East 8th Street and fully described in the attached Exhibit A
from Cl-Small to Medium Scale General Commercial and R2-Single Family Residential to IS-
Institutional and,
Whereas, on April 30, 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 May 6, 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 1805-1807 East 8th Street
and fully described in the attached Exhibit A is hereby changed from Cl-Small to Medium Scale
General Commercial and R2-Single Family Residential to IS-Institutional.
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 6th day of May, 2019.
ao► 9 -oR-/9
Common Council of the City of Jeffersonville, Indiana
VOTED IR� VOTED AGAINST:
b
AllOrr
d' ` IL-4
- '
res'ent
A ,T:
/
Vicki Conlin
City Clerk
Presented to me as Clerk to the Mayor of said City of Jeffersonville this th
day May,Ma , 2019.
1:L0-A4: Ce-) L---2
Vicki Conlin
City Clerk
This Ordinance approved and signed by me this, th day of May
2019. /
Mike Moore, 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
1805-1807 E 8th St
FROM Cl (Small to Medium Scale General Commerical)& R2 (Single Family Residential)to IS(Institutional)
CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION
OF PROPOSED ORDINANCE
Thomas Kalonji t
Whereas,The Ea ly Church of Yeshua Ha Mashyah,Ingiled a petition before the Jeffersonville Plan
Commission to change the zoning designation of the property described in attached
Exhibit A (the "Property"), from Cl & R2 to IS ; and,
Whereas, after proper notice by publication, the Jeffersonville Plan Commission
held a public hearing on the petition on April 30, 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 April 30, 2019 , the
Jeffersonville Plan Commission Favorably Recommends that the Jeffersonville
Common Council enact by ordinance the proposed zoning designation change of the
property from Cl & R2 to IS as requested in the petition of
Thomas Kalonji for The Early Church of Yeshua Ha Mashyah, Inc
So certified this 26 day of March , 20 19
Chairman
'G' Q�F `t STAFF REPORT
,81IL
---- _LS Department of Planning & Zoning — Plan Commission
`SIS%
Case Number: PC-19-11
Petitioner: Thomas Kalonji for The Early Church of Yeshua Ha Mashyah, Inc
Location: 1805-1807 E 8th St
Request: Rezoning
Proposed Use: Institutional
Zoning: R2 (Single-family Residential) and Cl (Small to Medium Scale
Commercial
Council District: 1 - Dustin White
Date: April 30, 2019
Rezoning Request
The applicant filed a rezoning application for approximately 10.1 acres parcel of property
located at 1805-1807 E 8th St. The current zoning is R2 (Single-family Residential) and
Cl (Small to Medium Scale Commercial) and the proposed zoning is IS (Institutional).
Churches are permitted to operate in any zoning district. The applicant plans to have
church related administrative office space in one of the buildings, which necessitates the
rezoning. Figure 1 shows the location of the subject properties.
coC '1-. ;
/am 41. ` f
ag ,. t4 Subject Properties ,-P•
x tom.. p� r •
= '1 :
t
47W
C9C \ l� F.,/ AN r , ,,,,i
4c
4,11,,.
, . ,,,,...,
/4 - 4 - a ,y J A .. s' � i
L te
t-47 N 11/4, * :
1 r' .:�1 ot.A, ( {R
yam` `} x •c '"'` 1 `l6 s.
r ;It,:. �• Q
'4,,4*A - . .'66.`tt \'`,/ "i -, . ,e„r-etf,'4.7.4.e': - .•;- '
•
. `, i«' • ` t 0 y.« to `
Figure 1: Site Location
Page 1 of 7 PC-19-11 1805-1807 E 8th St 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
PuhiNMstltudnnal
RrcrcatianlDpen Space
t
Light Industrial
- Heavy htdustrlal
0 IN Business Park/Industrial
SIii a Family Residential
1 Multi-Fundy Residentlai
Mixed-R esidential
IIIIMixed-Use•Cam/Res
Commercial
EDCity Louts
Road
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 7 PC-19-11 1805-1807 E 8th St Rezoning
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
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 West and South across 8th St are zoned R2 (Single-family Residential).
Property to the East across Colonial Park Dr are zoned Cl (Small to Medium Small
Scale General Commercial). To the North, properties are zoned R2 (Single-family
Residential) and M1 (Multi-family Residential). Other properties in the vicinity are zoned
IS (Institutional). Figure 4 illustrates the zoning within the vicinity.
Page 3 of 7 PC-19-11 1805-1807 E 8'h St Rezoning
-�
o
/
Subject Properties
%v M l �v `, / R l&C l
Cl .� 1 ;
v
) / \ ' „14, k \
�: '� ,. �.
/Arl' \• ., iia
`, '.'\ ,,e
r ,<R y'/ fir} , X 1 �y ,. j•�
{', f 11-Nit,
, * \'''' / fig!.
fi` \ , / ,. x' ..._
Figure 4: Zoning Map
Attached Plans & Documents:
1. R2 District Intent
2. Cl District Intent
3. IS District Intent
Page 4 of 7 PC-19-11 1805-1807 E 8th St Rezoning
"R2" District
3.5 ••R2"District Intent,Permitted Uses,and Special Exception Uses
District Intent Permitted Uses Special Exception Uses
The"R2"(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 mentally ill •golf course
use district should protect,promote (4 bedrooms or less) Business:Personal Service
and maintain areas in Jeffersonville
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
non-family 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 7 PC-19-11 1805-1807 E 8th St Rezoning
"C1" District
4.13 Cl District Intent,Permitted Uses,and Special Exception Uses
District Intent Permitted Uses Permitted Uses
The"Ci"(Small to Medium Scale Business:Food Sales/Service •liquor sales
General Commercial)District is •bakery retail •music store
intended to provide a land use •convienence Store(no gas pumps) •news dealer/bookstore(not adult
category for most small scale general •delicatessen entertain't)
business uses.The provisions that •drive-in restaurant •office supplies
regulate this land use district should •drive-thru restaurant •paint store
not overly restrict normal business •grocery/supermarket •shoe sales store
practices.This district can be used •meat market •sporting goods store
adjacent to all other commercial •restaurant •variety store
districts and the R3,Ml,and M2 Business:Office/Professional Miscellaneous
residential districts. •bank/credit union •accessory uses
Jeffersonville's Plan Commission and •drive-through bank machine/ATM
Board of Zoning Appeals should strive •insurance office
to use this district with the C2 District •real estate office
to encourage a strong and stable •travel agency
area for commerce. •office complex Special Exception Uses
The Plan Commission and Board •Professional offices Business Auto Sales/Services
of Zoning Appeals should not Business:Personal Service •auto body repair
encourage"strip development," •barber/beauty Shop •auto mechanical repair
rather development in clusters that •coin laundry •auto rental
share resources and minimize the •child care center(day,care)
•drive-thru dry-cleaning service •oil change service
cost of public utilities and services. •auto wash
The Plan Commission and Board of •dry cleaning service
•fingernail salon •filling/gas station
Zoning Appeals should also strive to Business:Food Sales/Service
minimize lighting,parking lots fronting •shoe repair
major streets,and traffic conflicts in •tailor pressing shop •convienience store(with gas pumps)
• •tanning salon •open unenclosed business(farmer's
the Cl District market,etc.)
Business:Recreation
•bar/night club(not adult entertain't) Business:Office/Professional
•billiard/arcade room •contractor office
•bowling alley •landscape business
•dance/aerobics/gymnastics studio Business:Recreation
•theater,indoor(not adult entertain't) •lodge or private club
•video store(not adult entertain't) •miniature golf
Business:Retail •public docks
•antique shop •theater,outdoor(not adult entertain`[)
•apparel shop Business:Retail
•drug store •satellite dish sales/service
•electrical supplies •kennel(commercial)
Permitted Uses •fabric shop Communications/Utilities
•floor coverings •telecommunication facility
Business Auto Sales/Services •flower shop
•auto parts sales •furniture store
•auto accessory installation •garden shop
•gift shop
•hardware store
•home electronics/appliance store
•jewelry store
4-14 Jeffersonville Zoning Ordinance
Page 6 of 7 PC-19-11 1805-1807 E 8'h St Rezoning
"IS" District
4.1 NI District Intent,Permitted Uses,and Special Exception Uses
District Intent Permitted Uses Special Exception Uses
The IS (Institutional Uses)District institutlonal/Public Facilities Residential
is intended to provide a land use •community center •child care institution(children's
category for institutionally owned •church,temple or mosque home)
lands,including state,county,and •government building •nursing home
city facilities.The IS district is also •library •residential facility for the
intended for social service oriented •museum developmentally disabled(large)
uses,and similar non-profit or quasi- •police/fire station •residential facility for the mentally ill
public institutions where the use is for •post office Institutional/Public Facilites
public purpose and is anticipated to •public/private parking area •cemetery or crematorium
remain so permanently. •school •drug/alcohol rehab clinic
The Plan Commission and Board of •trade/business school •hospital
Zoning Appeals should encourage Business:General Business •public park/recreation center
institutional structures and uses •funeral home or mortuary •recycling collection point
to set a standard for development Business:Personal Service Business:Auto Sales/Services
throughout the planning jurisdiction. •child care(day care) •motor bus station
•institutional fleet storage(open air)
Business:General Business
•airport
•helipad or heliport
•light rail station
•motor-bus station
•railroad station
Comm unication/Utilities
•public wells
•sewage treatment plant
•telecommunications facility
•telphone exchange
•utility substation
4-2 Jeffersonville Zoning Ordinance
Page 7 of 7 PC-19-11 1805-1807 E 8th St Rezoning
CITY OF JEFFERSONVILLE
DEPARTMENT OF LAW
�Ty Les Merkley, Corporation Counsel/Director of Legal Affairs
7e: �������� 812-285-6493 office
- Q49d Ili 812-285-6403 fax
1\,p -/ www.cityofjeff.net
FRSONJ 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 1805-1807 EAST 8TH STREET
AND FULLY DESCRIBED IN ATTACHED EXHIBIT A
FROM Cl & R2 TO IS
NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP
DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1805-
1807 EAST 8TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT
A FROM Cl-SMALL TO MEDIUM SCALE GENERAL COMMERCIAL AND
R2-SINGLE FAMILY RESIDENTIAL TO IS-INSTITUTIONAL
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 1805-1807 East 8th Street and fully
described in Exhibit A from Cl-Small to Medium Scale General Commercial and R2-
Single Family Residential to IS-Institutional.
A public hearing will be held on May 6, 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