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HomeMy WebLinkAbout2019-OR-47 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 715 W. RIVERSIDE DRIVE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Cl to M2 Whereas, KJ Development, Inc. (Wesley Johnson, Jr.) filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 715 W. Riverside Drive and fully described in the attached Exhibit A from Cl-Small to Medium Scale Commercial to M2-Medium Density Multi-Family and, Whereas, on August 27, 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 September 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 at 715 W. Riverside Drive and fully described in the attached Exhibit A is hereby changed from Cl-Small to Medium Scale Commercial to M2-Medium Density Multi-Family. 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 September, 2019. ,0/9-OR-1/r) Common Council of the City of Jeffersonville, Indiana VOTED O' VOTED AGAINST: Att / .MTA717- - jserel"741 44.111774 PIP r WASL nt) .0 Ard 4JPhY1U Ed Zastawny, . esident Ari, LLD Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this 3rd day of September, 2019. ,Z)/--- - Vicki Conlin City Clerk This Ordinance approved and signed by me thi i�rd day of September, 2019. / I Mike Moore, Mayor Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF KJ Development, Inc. (Wesley Johnson, Jr.: Applicant) TO REZONE A CERTAIN TRACT 715 W. Riverside Dr. FROM: Cl (Sm-Med Scale Commercial) to M2 (Med Density Multi-family) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, KJ Development, Inc. (Wesley Johnson, Jr.: Applicant) filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from Cl to M2; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on Au•ust 27 !9 Whereas, at the conclusion of the hearing t ercleffersgnville Plan Commission voted by a majority vote of its entire membership • favorably%unfavorably/not recommend the proposed change of zoning design. '•n of the Property to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on August 27, 2019, the Jeffersonville Plan Commission (circle one): Favorably Recommend / Unfavorably Recommends/ Provides NO Recommendation that t - : 1- • . - . •r' mon Council enact byordinance the proposed p posed zoning designation change of the property from Cl to M2 as requested in the petition of KJ Development, Inc. (Wesley Johnson, Jr.: Applicant) So certified this 27th day of August, 2019. 4 7„c41:____27- Chairman CCS o,'. Planning Commission Exhibit A Staff Report A. ,,.•.,, August 27, 2019 * - aOti ' ` Case No: PC-19-45 C., „� ) Location: 715 W. Riverside Dr. '� Applicant: KJ Development, Inc. / Request: Rezoning ` i Proposed Use: Multi-Family Residential -..... f ' Council District: 1 — Dustin White Request _; _ Rezone property from Cl (Sm-Med Scale Commercial) to '- l �� ''� <,V 1." \ M2 (Med Density Multi-family) amu` -4',"',-.1- a .,-.1Y Y `\p Case Summary The applicant requests rezoning of a 1.8 acre property located at 715 W. Riverside Drive. The current zoning is , \\ Cl (Sm-Med Scale Commercial) and the former use was a restaurant. The developer requests rezoning to M2 in order to build a riverfront residential development. Staff Finding Staff finds the proposed rezoning satisfies the intent of the Comprehensive plan as it serves to add housing to an existing walkable, commercial center. This proposal has the potential to greatly enhance the conditions and character of the area by a highly-visible, vacant commercial property along the Ohio River and filling it with an active residential use. This new use would assist in revitalizing an existing commercial area which has seen a number of vacancies in recent years, by providing more local customers. The proposed rezoning would not negatively impact local property values and reflects a responsible pattern of in-fill development in the downtown area. Criteria for Consideration of Rezoning The Jeffersonville Zoning Ordinance and Indiana State Statute IC 36-7-4-603 outlines that the following shall 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. Required Actions Make a motion to forward this rezoning to the Jeffersonville City Council with a FAVORABLE recommendation, UNFAVORABLE recommendation, or NO recommendation. Page 1 of 5 PC-19-46 Staff Analysis for Change in Zoning The following is a summary of staff's analysis of the proposed rezoning as it relates to the land use and development policies of the Comprehensive Plan and Zoning Ordinance: Comprehensive Plan and Planning Districts The property to be rezoned falls within the Commercial zoning classification in the Future Land Use Map shown below. Legend ermi sat Pu hliClnstitutional Recreation/Cpen Space Subject Light Industrial Property `,« " INII Heavy Industral 411 11.1 Business ParW'Industrial Single Family Residential Multi-Family Rnidentlal Mixed-Residential iMixed-Use-Com/Res -Commercial 1 City Limits Road Future Land Use Plan The Commercial zoning classification denotes areas of the City reserved for general commercial development. These areas are concentrated in the Downtown and along primary arterial roads so as to serve the local neighborhoods and in some instances the greater region. On the Comprehensive plan's Planning Districts Map, the property to be rezoned falls within the Regional Marketplace Center district. This is shown below. c„.,,, rfi . 1 Legend ti.... Pnmary Gateways Subject . Suburban Neighborhood Property * .t Traditional Neighborhood/Workplace Suburban Workplace iiVersi liliiiiic/e 0r 7 Suburban Marketplace ik "ri(91'. ::. is S Traditional Marketplace Regional Marketplace Center r; 3 Downtown Historic District Planning Districts Map Page 2 of 5 PC-19-46 The following is a description of this district from the Comprehensive Plan. Regional Marketplace Centers These are centralized mixed-use shopping districts/activity centers designed to meet regional consumer needs. They typically contain a mixture of high-intensity uses including regional shopping, office, services, entertainment facilities and medium to highly dense residential uses. Such Regional Marketplace centers may include a variety of stores under one roof, or may consist of freestanding structures. In the Goals and Objectives for Regional Marketplace Centers within the Comprehensive plan, there are several references to the need for residential housing in these centers. The addition of residential development within these type of existing commercial centers can help increase the vitality of existing businesses (by providing local customers) and increase the general vibrancy of the area. Current Zoning The subject property is currently zoned Cl (Sm-Med Scale Commercial) and contains a former large-scale restaurant building. All the adjacent buildings and lots are also zoned Cl, Other nearby properties are zoned C2 (Med-Lg-Scale Commercial), and NI (neighborhood Industrial property). There is one R3 (Old-city residential) lot nearby. The map below illustrates the current zoning within the area. k, ismiipult '---72-1",-17e Subject '' �" � Propertff1'—..---- T -) t fC y + wif 16 1 J f Zoning Map Attachments 1. Cl District Intent 2. M2 District Intent Page 3 of 5 PC-19-46 "Cl" District 4.13 C1 District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Permitted Uses The"Cl"(Small to Medium Scale Busiess: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 entertaint) 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/creditunion •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 •barber/beauty Shop •auto body repair encourage"strip development" •auto mechanical repair rather development in clusters that •coin laundry •auto rental share resources and minimize the •child care center(day care) •oil change service cost of public utilities and services. •drive-thru dry-cleaning service •auto wash The Plan Commission and Board of •dry cleaning service Zoning Appeals should also strive to •fingernail salon •fillip station Business:Food Sales Service minimize lighting,parking lots fronting •shoe repair •convienience store(with major streets,and traffic conflicts in •tailor pressing shop gas pumps) the Cl District •tanning salon •open unenclosed business(farmer's Business:Recreation market etc.) •bar/night club(not adult entertaint) Business: ce/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 entertaint) •miniature golf Business:Retail •public docks •antique shop •theater,outdoor(not adult entertaint) •apparel shop Business:Retail •drug store •satellite dish sales/service •electrical supplies •kennel(commercial) Permitted Uses •fabric shop Communlcations/Uthllties •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 4 of 5 PC-19-46 M3 District 3.13 M3 District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"M3"(High Density Multifamily Residential Residential Residential)District is intended to •assisted living facility •child care institution provide a land use category for •dwelling,multifamily(3 to 4 unit) •dwelling,multifamily(duplex) medium-to large-scale multifamily •dwelling,multifamily5 to 8 units) •residential facility for developmentally disabled developments. The provisions that •dwelling,multifamily(9 to 20 units) •residential faality for mentally ill regulate this zoning district allow a •nursing home Institutional/Public Facilities mix of multifamily residential uses and •retirement community •church,temple,or mosque many primary structure per lot. Miscellaneous Communication/Utilities Jeffersonville's Plan Commission and •accessory uses •telecommunication facility Board of Zoning Appeals should strive Miscellaneous to integrate this district as a transition •home occupation#1 between commercial districts and single-family residential districts;or along major thoroughfares. This district should be within close proximity to parks,open space,services,and retail if possible. Avoid locating near conflicting land uses including low- density single-family residential and industrial districts. The Plan Commission and Board of Zoning Appeals should strive to promote a maximum density up to 16 dwelling units per acre in the"M3" district. 3-14 Jeffersonville Zoning Ordinance Page 5 of 5 PC-19-46 CITY OF JEFFERSONVILLE DEPARTMENT OF LAW ��.G��,y��,� Les Merkley, Corporation Counsel/Director of Legal Affairs 74 lik# 1 N 812-285-6493 office L- - 1.40140.--1,:j 812-285-6403 fax \mai\ -"' v, www.cityotjeff.net ,�R 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 715 W. RIVERSIDE DRIVE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Cl TO M2 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF CERTAIN TRACTS OF PROPERTY LOCATED AT 715 W. RIVERSIDE DRIVE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Cl-SMALL TO MEDIUM SCALE COMMERCIAL TO M2-MEDIUM DENSITY MULTI-FAMILY 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 715 W. Riverside Drive and fully described in Exhibit A from Cl-Small to Medium Scale Commercial to M2-Medium Density Multi-Family. A public hearing will be held on September 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. f ____,.... ....4."4"ec Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 An equal opportunity employer.