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HomeMy WebLinkAbout2019-OR-63 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2019-OR- ( '3 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 416 MEIGS AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 TO DC Whereas, PB Real Estate, LLC(Ken Pierce)filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 416 Meigs Avenue and fully described in the attached Exhibit A from R3-Old City Residential to DC- Downtown Commercial and, Whereas, on October 29, 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 November 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 416 Meigs Avenue and fully described in the attached Exhibit A is hereby changed from R3-Old City Residential to DC- Downtown 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 November, 2019. Common Council of the City of Jeffersonville, Indiana VOTED FOR: VOTED AGAINST: f . VI. , WOW at, _ All1111b.AAlhitik MA/ mil.' , A Al I ear -- Es Es astawny, /-sident A EST: Vicki Conlin City Clerk Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF: PB Real Estate, LLC. (Ken Pierce: Applicant) TO REZONE CERTAIN TRACT: 416 Meigs Ave. FROM: R3 (Old City Residential) to DC (Downtown Commercial) CERTIFICATION 0 FAVORABLE/U AVORABLE/NO RECOMMENDATION �Of SED ORDINANCE Whereas, PB Real Estate, LLC. (Ken Pierce: 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 R3 to DC; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on October 29, 2019 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 October 29, 2019, the Jeffersonville Plan Commission (circle one): Favorably Recommends / nfavorabl Recommends/ Provides NO Recommendation that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from R3 to DC as requested in the petition of PB Real Estate, LLC (Ken Pierce: Applicant) Development, Inc. So certified this 29th day of October, 2019. LA Mc - - l/v Chairman r-.y Off. Planning Commission * it Staff Report 4 October 29, 2019 N0 Case No: PC-19-59 * * L La Location: 416 Meigs Ave. Applicant: Ken Pierce— PB Real Estate, LLC �� 1U Request: Rezoning Proposed Use: Law Office � 44 �SQ Council District: 1 —Dustin White Request • �% ,.H..) WI , 4Rezone property from R3 (Old City Residential) to DC � `., (Downtown Commercial) , 2:t.c sk. ''- ''''' - ' Case Summary '? i',--..00-,1"., k r: c \,,,,,,,o - , The applicant requests a rezoning for a 4000 square ' L foot lot containing a two story home built in 1935. The t..--4.A •' < ' , ' „ x N. Applicant plans to use the home as their law office as it .,:3,..,-- '' is in close proximityto the CountyCourthouse. Several $ `% *A N,{�� s,� „, -.. \74 v o �y . - other formerly residential buildings on this street have i alreadybeen converted to office use. A licant is ' - . requesting DC zoning—the same classification as the `t�: , i J . - =; .a AN property to the north. Parcel Map Staff Finding/Opinion The proposed rezoning meets the intent of the Comprehensive Plan and is highly reflective of the existing conditions of this site. Staff feels that the adaptive reuse of the structure is desirable, and that the rezoning of this parcel will not significantly impact the surrounding area. Criteria for Consideration 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-19-59 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 single-family zoning classification in the Future Land Use Map shown below. This designation reflects its current use and the general desire to preserve existing residential neighborhoods. The property is, however, immediately adjacent to properties along Court Avenue that are designated Mix-Use—Commercial/Residential. Given the property's location on the edge of the two classifications there is a certain amount of flexibility in this case and changing this residential property to a commercial one, therefore is not out of line with the future land use map. Legend -Yt h - >Public Institutional RecreationiCpen Space ', ' Light Industrial Subject • � ' -----N# -Heavy Industrial 1111 Property Business Park Industrial Single Family Residential Multi-Family Residential Mixed Residential -Mixed-Use-Corn Res -Commercial .„ j City Limits Road Future Land Use Plan On the Comprehensive Plan's Planning Districts Map, the property to be rezoned falls within the Downtown Historic District. K Lege' cf z 1 Subject #ra - : , Property i I '`« ' y p ,: : � :4,,,,.',A...;. i a '' , r zy - t °2e a� " � Sts r n �-,s .� ..,;.,i,,, ..<: tv- Planning Districts Map Page 2 of 5 PC-19-59 The following is a description of this planning district from the Comprehensive Plan. Downtown Historic District This district is comprised of predominately office, commercial, civic, high-density residential and cultural land uses. It has a grid pattern of streets designed to accommodate a large volume of vehicular traffic and public transportation. There are provisions for on-street and long-term parking of vehicles and for substantial pedestrian and non-vehicular movement within the district. Buildings are generally the greatest in volume and density in the metropolitan area, and there is public open space including plazas and squares. The Downtown Historic District should give identity to the whole community and should provide fora mixture of high density and intensity uses. The proposed zoning and building use meets the intent of this district. Current Zoning The subject property is currently zoned R3 (Old City Residential), a district that only allows single-family home The applicant's desire to turn this existing old home into a ' ix, � business requires a zoning change. ; C` The property is surrounded by a number of properties with differing zoning classifications including DC (Downtown Commercial), M1 (Low Density Multi-Family), NC . ,.j Ns, (Neighborhood Commercial) and other R3 properties. The image to the right illustrates the zoning within the area. ;;40. Given the location of the property, the proposed use, and Subject general form of the building (adaptive reuse of an existingproperty % ' 1°- home), NC could be an appropriate zoning designation for this property. The existing conditions of the site (size, setbacks, lot coverage, etc.), however, are much more in . . u.. line with the standards set in the DC zoning classification Zoning Map so we are moving forward in that direction. Additional Notes: • None Attachments 1. R3 District Intent 2. DC District Intent Page 3 of 5 PC-19-59 "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 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- 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"RI"district. 3-8 Jeffersonville Zoning Ordinance Page 4 of 5 PC-19-59 "DC" District 4.9 DC District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Permitted Uses The"DC(Downtown Commercial) •Bed and Breakfast •Flower Shop District is intended to provide a land •Hotel •Furniture Store/Upholstery Repair use category for normal commercial •Museum •Gift Shop uses in the downtown.The provisions •Print Shop/Copy Center/Book •Hardware Store that regulate this land use district Binding/Lithograph •Jewelry Store should make the district compatible women;perrel service •Music Store with the R3,M1 and M2 residential •Barber/Beauty Shop •News Dealer/Bookstore(not adult districts,and OC and Cl commercial •Child Care(Day Care) entertainment) districts. •Fitness Center •Office Supplies Jeffersonville's Plan Commission •Health Spa •Paint Store should strive to use this district only •Shoe Repair •Shoe Store in the historic downtown area and its •Tailor/Pressing Shop •Sporting Goods Store immediate surroundings. Business:Office/Profese1onal Petitions in the DC district may •Architecture/Planning/Design Union Firm Special Exception Uses be subject to the Historic District •CoBankulting t Union P P Ordinance and the Historic District •Consulting Firm Residential Guidelines. •Insurance Office •Boarding House(Owner occupied) •Investment Firm Institutional/Public Facilities The Plan Commission and Board •Medical/Dental Center •Church,Temple,or Mosque of Zoning Appeals should strive •Photography Studio •Community Center to minimize parking lots in front •Professional Office •Government Office of or between buildings,rather, •Reading Clinic •Library encouraging parking behind buildings •Real Estate Office •Police/Fire Station and on the street •Secretarial Service •post Office •Service Organization Offices •Public Park/Recreation Center •Temporary service agency •Public Private Parking Area •Me Company Business:Food Sales/Service •Travel Agency •Convenience Store(no gas pumps) Business:Recreation Business:Office/Professional Permitted Uses •Billiard/Arcade Room •Drive Thru Bank/Credit Union Residential(upper floors only) •Bowling Alley •Drive Thru Bank Machine/ATM •Dance Aerobics/Gymnastics studio Business:Personal Service •Dwelling,Single-family •Entertainment Venue(e.g.indoor •Dwelling,Two-family •Coin Laundry •Dwelling multi-family ball,laser tag etc.) •Dry Cleaning Service(Drop off) •Lodge/private Club •Dry Cleaning Service(Drive Thru) Business:Food Sales/Service •Theater,Indoor(not adult entertain't) .Nail Salon •Bakery,retail •Video Store •Coffee Shopness:Retail •Tattoo/PiercingShop •Delicatessen •Antique Shop Business:Recreation •Farmers Market •Apparel Shop •Karate Studio Grocery• ••Art Gallery •Night Club(not adult entertainment) •Ice Cream Shop •Arts/Crafts Studio Business:Retell •Meat Market •Beer/Wine/Uquor Shop •Consignment Store •Microbrewery/Microdistillery(size •Department Store Commualcatiom/UBHies limits on production area) •Drugstore •Telecommunications Facility •Pubs •Exposition Hall Mscdlanoous •Restaurant •Fabric Shop •Home Occupation#1 Business:General •Assisted Living Facility i 4-10 Jeffersonville Zoning Ordinance Page 5 of 5 PC-19-59 CITY OF JEFFERSONVILLE DEPARTMENT OF LAW 4DA". Les Merkley, Corporation Counsel/Director of Legal Affairs ..„, ZI:\z" t 14 812-285-6493 office IA:014/1i 812-285-6403 fax 1:411, wwv,.cityofjeff.net .1* sq?S014. 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 416 MEIGS AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 to DC NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 416 MEIGS AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3-OLD CITY RESIDENTIAL TO DC-DOWNTOWN 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 416 Meigs Avenue and fully described in Exhibit A from R3-Old City Residential to DC-Downtown Commercial. A public hearing will be held November 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.