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HomeMy WebLinkAbout2019-OR-44 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2019-OR- 44 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 2005 WOODLAND COURT AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM IS TO R3 Whereas, Rodilio Gomez Rogel and Ms. Alejandra Perez filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 2005 Woodland Court and fully described in the attached Exhibit A from IS- Institutional to R3-Old City Residential 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 2005 Woodland Court and fully described in the attached Exhibit A is hereby changed from IS-Institutional 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 3rd day of September, 2019. ao�5'-otR � Common Council of the City of Jeffersonville, Indiana VOTED F o R•` / VOTED AGAINST: 'Tait Alarm or i . OM, ) drafiNfibiTAI Ed Zastawny resident At. / / Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville thi d day of September, 2019. Vicki Conlin City Clerk This Ordinance approved and signed by me this 3rd day of September, 2019. Mike Moore, Mayor Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Mr. Rodilio Gomez Rogel and Ms. Alejandra Perez TO REZONE A CERTAIN TRACT 2005 Woodland Ct FROM: IS (Institutional) to R3 (Old City Residential) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Mr. Rodilio Gomez Rogel and Ms. Alejandra Perez filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from IS to R3; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on August 27, 2019 Whereas, at the conclusion of the hearing-t-hefferserville Plan Commission voted by a majority vote of its entire membership to favorably/unfavorably/not recommend the proposed change of zoning designtion of_the roperty to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on August 27, 2019, the Jeffersonville Plan Co m ••._ - . 8 - Ca_____ Recommends / nfavorably Recommends/ Provides NO Recommendation at the JeffersoaviI - ommon Council enact by ordinance the proposed zoning designation change of the property from IS to R3 as requested in the petition of Mr. Rodilio Gomez Rogel and Ms. Alejandra Perez. So certified this 27th day of August, 2019. z. ' J7t /P-- Chairman Exhibit A GATPlanning Commission Staff Report A. „ f, August 27, 2019 Case No: PC-19-43 t441 V vti 1,4\ om ... et() .- 1 , Location: 2005 Woodland Court 'c f `""4 ,, f Applicant: Rodilio Gomez Rogel & Alejandra Perez� ;/ Request: Rezoning 1 Proposed Use: Multi-Family Residential i4' Council District: 5— Lisa Gill Request � , _: xtI Rezone property from IS (Institutional) to R3 (High �S Density Residential) Case Summary ' /744444:', e`7'`%,� R d The applicant requests a rezoning for an approximately , 6,000 sq. ft. property located at 2005 Woodland Court. " , The property currently contains a single-family home ` that may, at one time, have been part of the church ,, property next door (which would explain the Institutional ,, ,,. ,a�- zoning). The current owners of the home are looking to .1 -, 4. build a new carport on the property, but are not able to ,, '� '� do so under the rules set forth in the IS zone district. Staff Finding While the subject property is currently zoned IS, the existing structure on the property is clearly a single-family home (built in the 40's) and has been used as such for some time. The proposed R3 zoning better represents the current use of the property and would allow the applicant to construct the desired carport without need for a variance. The rezoning does not significantly impact any of the adjacent properties and does not seem to be in conflict with the goals set forth in the Comprehensive Plan. 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 Action 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-19-43 Staff Analysis for Change in Zoning The following is a summary of staffs 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 Mixed-Use— Commercial/Residential zoning classification in the Future Land Use Map shown below. The Mixed Use— Commercial/Residential zoning classification (added in 2017) denotes areas of the City that, due to their location could be developed with a combination of residential, commercial, and institutional uses. The following definition is from the Comprehensive 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 Public Institutional Recreation/Open Space Light Industrial Subject -Heavy Industrial Property .Business Parkilndustrial Single Family Residential Multi-Family Residential Mixed-Residential Mixed-Use-ConuRes .Commercial City Limits Road Future Land Use Plan On the Comprehensive plan's Planning Districts Map, the property to be rezoned falls within the Traditional Marketplace district as shown on the next page. Properties nearby fall into the Suburban Neighborhood District. As planning districts can be seen as flexible along the edges, this property could be seen as falling into either of these districts. Page 2 of 5 PC-19-43 Legend Primary Gateways Suburban Neighborhood Traditional Neighborhood/Workplace Subject ® Suburban Workplace Property Suburban Marketplace Traditional Marketplace j,0 Regional Marketplace Center Op,/ d Ce. Downtown Historic District Planning Districts Map The following are descriptions of the two districts from the Comprehensive Plan. Traditional Marketplace Corridors Traditional Marketplace Corridors are located along major roadways where the pattern of development is distinguished by a mixture of low to medium intensity uses such as 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. 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. Current Zoning While the subject property is currently zoned IS the structure on the property is (institutional), existing P P Y Subject clearly a single family home (built in the 40's) and has Property ✓ ' been used as such for some time. It may have been part of the Church property (i.e. a parsons house) at one time which could explain why it is zoned IS. Adjacent properties are zoned Commercial, Institutional or Multi-family. The image to the right illustrates the . zoning within the area. Attachments 1. IS District Intent 2. R3 District Intent Zoning Map Page 3 of 5 PC-19-43 "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 Institutional/Public Facfitiies 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,includingstate,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 Communication/UtiItles •public wells •sewage treatment plant •telecommunications facility •telphone exchange •utility substation 4-2 Jeffersonville Zoning Ordinance Page 4 of 5 PC-19-43 "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 facilityfor developmentally that regulate this land use district •residential facility for mentally ill disabled(over bedrooms) should protect,maintain and 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- Miscellaneous family oriented businesses. •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 5 PC-19-43 CITY OF JEFFERSONVILLE DEPARTMENT OF LAW ��_� Les Merkley, Corporation Counsel/Director of Legal Affairs 7 ni., a 812-285-6493 office j 812-285-6403 fax � www.cityofjeff.net T S'0144 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 2005 WOODLAND COURT AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM IS TO R3 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF CERTAIN TRACTS OF PROPERTY LOCATED AT 2005 WOODLAND COURT AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM IS-INSTITUTIONAL 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 certain tracts of property located at 2005 Woodland Court and fully described in Exhibit A from IS-Institutional to R3-Old City Residential. 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. Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 An equal opportunity employer.