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HomeMy WebLinkAbout2019-OR-25 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 ON BROOKHOLLOW WAY AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M1 TO R1 Whereas, Scott Adams, filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located on Brookhollow Way and fully described in the attached Exhibit A from Ml- Multi-family Residential to R1-Single Family Residential and, Whereas, on May 28, 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 June 3, 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 on Brookhollow Way and fully described in the attached Exhibit A is hereby changed from Ml- Multi-family Residential to R1- Single Family 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 3rd day of June, 2019. aoi Q-oR-as Common Council of the City of Jeffersonville, Indiana VOTE AI ' VOTED AGAINST: 12g I ,r_-1i Ofir doi ILI Ai Bair At0A., W L Ed Zastawny, President 1%t✓cT. Llux Vicki Conlin City Clerk 2 Presented to me as Clerk to the Mayor of said Ci y of Jeffersonville thi 3rd day of June, 2019. int/E- Vicki Conlin City Cler. This Ordinance approved and signed by me this 3rd day of June o • 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 10-42-24-007-040.000-039 FROM M1 (Multi-family Residential)to R1 (Single Family Residential) CERTIFICATION Q FAVORABLE/AFAVORABLE/NO RECOMMENDATION OSED ORDINANCE Whereas, Scott Adams filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from M1 to R1 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on May 28, 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 May 28, 2019 , the Jeffersonville Plan Commission Favorably Recommends that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from Ml to R1 as requested in the petition of Scott Adams So certified this 28 day of May , 20 19 . 4/11Y" ' Chairman ' 6'Yo' STAFF REPORT i, J Department of Planning & Zoning — Plan Commission T4` �J� Case Number: PC-19-26 Petitioner: Scott Adams Location: Brookhollow Way (Parcel #10-42-24-007-040.000-039) Request: Rezoning Proposed Use: Single-family Residential Zoning: M1 (Multi-family Residential) to R1 (Single-family Residential) Council District: 3 — Callie Jahn Date: May 28, 2019 Rezoning Request The applicant filed a rezoning application for approximately 1.19 acres of property located on Brookhollow Way. The current zoning is M1 (Multi-family Residential) and the proposed zoning is R1 (Single-family Residential). The applicant plans to build one single- family house. Figure 1 shows the location of the subject properties. _ --- rte... Subject Properties :: ' "� tr �� \ .t Oe etc ole 4413 tl 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. Comprehensive Plan and Planning Districts Page 1 of 6 PC-19-26 Brookhollow Way Rezoning Legend rt° Rube cal seCAanal Recreation/Open Space Lent Intlustral ED -Heavy Industrial . Business ParlJlndustnal Single Family Resdentlal Mu/MFamly Residential Mixed-Residential ® Mise6Use•Coni/Res -Commercial City lames 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. Legend jPrimary Gateways Suburban Neighborhood Traditional Neighborhood/Workplace Suburban Workplace Suburban Marketplace Traditional Marketplace n = Regional Marketplace Center Downtown Historic District Figure 3: Planning Districts Map Page 2 of 6 PC-19-26 Brookhollow Way Rezoning 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 zoned M1 (Multi-family Residential) and all adjacent properties are zoned R1 (Single Family Residential). Figure 4 illustrates the zoning of the area. Subject Properties � zr MI .max r IZ i , .,.iii.. /7- RI Figure 4: Zoning Map Attached Plans & Documents: 1. M1 District Intent 2. R1 District Intent 3. Plot Plan Page 3 of 6 PC-19-26 Brookhollow Way 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 care 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 fadlity 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 iog Ordinance Page 4 of 6 PC-19-26 Brookhollow Way 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 maintain areas in Jeffersonville for (4 bedrooms or less) •public park/recreational center 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-19-26 Brookhollow Way Rezoning SSG 61/Ez/QO4 :Z 'NVIONI 'wino Nana S210A3AMfS ONY1 ,.,pw.°d"a.4 q„w. i § & R_ d dIHSNM01 Y311n 'JJ4V O SIONmI $ SM33NION3 OrL9-9f[((Sl9)):01 . 9; Z T 3H1 40 rd A3AanS id tt1r-eft (L19)rm. = m m y,i ,$ij - a a-. ;r Sa3O11n8 Aa3AO3SIO S'a�L<7.�OSSV V Zl l£Z1 NI N•o d 00 2 Y g a ." 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CO A mN `- II i7 2.11 "zFM 7 E Q 0� N1.•4 I 7 / O Lo N Q'') 0 III /���/ �4) b„st% <oill ki L) OO \ // WU \\ /7 Z� .'i '96' Y MS \ O o w I I 1 m 1 < \ Page 6 of 6 PC-19-26 Brookhollow Way Rezoning CITY OF JEFFERSONVILLE DEPARTMENT OF LAW r„.,�O, Les Merkley, Corporation Counsel/Director of Legal Affairs ..:: _,f N 812-285-6493 office Lt* - - t�! 812-285-6403 fax ',,,,‘N,:0 ,� -''���"'����� www.cityofjeff.net v .ccRSOV4 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 ON BROOKHOLLOW WAY AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M1 TOR 1 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF CERTAIN TRACTS OF PROPERTY LOCATED ON BROOKHOLLOW WAY AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M1-MULTI-FAMILY RESIDENTIAL TO R1-SINGLE FAMILY 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 certain tracts of property located at Brookhollow Way and fully described in Exhibit A from Ml-Multi-Family Residential to R1-Single Family Residential. A public hearing will be held on June 3,2019 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. ._..31946)6 Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 An equal opportunity employer.