The URL can be used to link to this page

Home My WebLink About2022-OR-54 Ordinance Changing Zoning of Property Located at 303 Pearl Street From R4 to CN STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2022-OR- 511 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 303 PEARL STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R4-SINGLE FAMILY RESIDENTIAL-OLD CITY TO CN-COMMERCIAL NEIGHBORHOOD Whereas, Cheryl Lynn Rhodea filed a petition before,the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 303 Pearl Street and fully described in the attached Exhibit A from R4-Single Family Residential-Old City To CN-Commercial Neighborhood and, Whereas, on August 30, 2022 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 6, 2022; 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 a portion of 303 Pearl Street and fully described in the attached Exhibit A is hereby changed from R4-Single Family Residential-Old City to CN-Commercial Neighborhood. 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 September, 2022. Common Council of the City of Jeffersonville, Indiana VOTED OR: VOTED AGAINST: Matt wen, President ATTEST• Aiu Lisa ill City Clerk Prepared by: Les Merkley Corporate Counsel - CIT' Y OF ,.IEF*FERS0NVILLE . DEPARTMENT OF LAWS . Les Mei•kley Corporation Counsel/Director of Legal Affairs . . ._ . . „ • G`COY p� _ o * ` 812'-285-6493 office . i.„1„ N 812-285-6403 fax` — _ i www.cityofjeff:net .�R i s Jeffersonville City Hall .. - - SO 500 Quartermaster Court 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 303 PEARL STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R4.(SINGLE FAMILY RESIDENTIAL-OLD CITY)TO CN- (COMMERCIAL NEIGHBORHOOD) • NOTICE OF.HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 303 PEARL STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R4 (SINGLE FAMILY RESIDENTIAL-OLD CITY)TO CN-(COMMERCIAL NEIGHBORHOOD) Notice is hereby given that the City of Jeffersonville has filed an 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 303 Pearl Street as recommended by the Plan Commission from R4-Single Family Residential-Old City to CN-Commercial Neighborhood. A public hearing will be held on September 6,2022 at 7:00 pm in the City Council Chambers, I51 floor, City Hall, 500 Quartermaster Court, Room 101, Jeffersonville, Indiana at which time and place all interested persons will be heard i r r to them ers se .ut in said ordinance. Les Merkley Corporation Counsel • Jeffersonville city Hall 500 Quartermaster Court • Jeffersonville, IN 47130 (812)285-6423 POSTED AND EMAILED ON August 31, 2022 TO THE FOLLOWING: • Via.Email to: dsuddeath( newsandtribune.com Via Email to: newsroomai newsandtribune.com Posted to: twww.citvojjeif.net; STATE OF"INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION -IN:RE THE APPLICATION OF: Cheryl.Lynn Rhodea I PC-22-29 TO REZONE:CERTAIN-TRACT 303 Pearl St. : . - FROM: •:_ " R4 (Single Family Residential Old City):to CN (Commercial:- Neighborhood) .: ' CERTIFICATION OF:FAVORABLE/UNFAVORABLE/NO RECOMMENDATION: :OF. PROPOSED ORDINANCE ` -Cheryl Lynn Rhodes : :fled a petition before the: Whereas, . " Jeffersonville"Plan Commission to:change the zoning designation of the:property -: : - :described in attached Exhibit=A (the "Property"),_from :�R4 to CN : ; Docket : : number PC-22-29 .. • ::"; and, . Whereas, after:proper notice:by publication, the Jeffersonville Plan Commission held a - - - public hearing on:the petition on : August 30. 2022 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 ' August30:2022 the Jeffersonville Plan :- . - Commiss ircle one):. Fa .orably Reco . mends I Unfavorably. Recommends/ Provides:NO. Recommendation . :the he Je sonville Common Council enact by ordinance:the:proposed zoning - - designation change of the property from R4 to CN as requested in the petition of .: Cheryl.Lynn:Rhodea, I PC-22-29 : .. • . . So:certified this: .30th day of August 2022 j i 1 I/ Chairman . . Gl�y Plan Commission * Staff Report A August 30, 2022 '��111�` _ - * Case No: . PC-22-29 L., 'I ‘NISIZZ;411w Location: 303 Pearl St. Applicant: Cheryl Lynn Rhodea `� Current Zoning: R4 (Single Family Residential—Old City) Proposed Use: Commercial— Ice Cream store 4%filSO Council District: 1 —Dustin White Request n...r. 4 Tt7zci. Rezone property from R4 (Single Family Residential—Old �;�,�' y t'. City) to CN (Commercial: Neighborhood). am , fi ;,air Case Summary t 4, ' The applicant is proposing to rezone the subject property : ' : `,, i in order to expand the outdoor dining/seating area for I their business, Pearl Street Treats. The subjectproperty �r is located in both the Downtown Residential and �,� "t` Downtown Design Overlay Districts. _ I Staff Finding/Opinion The subject property is located in the downtown core of \ ,,.r= ,�•� the city. The proposed addition that is proposed upon ,, t ' 'r) 1. = •< •' P P P P P %ram successful rezoning is relatively minor and would be in use during regular business hours. The request meets the district intent for the Commercial— Neighborhood (CN) zone district, and the intent of the Comprehensive Plan. Staff approves of the request. 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 one of the following options: Favorable Recommendation, Unfavorable recommendation, or No Recommendation. Recommended motion "I make a motion to forward the rezoning request PC-22-29 to the Jeffersonville City Council with (insert recommendation]as presented to the Plan Commission on August 30, 2022. Page 1 of 7 PC-22-29 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 Unified Development Ordinance: UDO Zoning District Intent Existing Zoning The R4 (Single Family Residential—Old City) District is intended to provide a land use category for a mix of residential uses within the oldest portions of the City. This district shall be seen as "fixed" and NOT be used for new developments outside the City's core, although existing lots surrounded by or within close proximity to other R4-zoned properties may be rezoned to,this district on a case by case basis. The Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to protect this district from conflicting land-uses such as industrial and large-scale commercial uses as well as nonfamily oriented businesses. Proposed The "CN" (Commercial: Neighborhood-Scale) District is intended to provide a land use category for small-scale commercial uses that provide products and services to neighborhoods. The provisions that regulate this land use district should promote appropriate commercial uses that are clearly non- conflicting with adjacent neighborhoods in Jeffersonville.. Jeffersonville's Plan Commission should strive to use this district exclusively for small, existing lots along important road corridors in older portions of the City. The Plan Commission and Board of Zoning Appeals should strive to exclude businesses from the "CN" district that are not family oriented or that have an adverse effect on the existing adjacent neighborhoods. Future Land Use Map and Planning Districts The property to be developed falls within the Mixed Use land use classification in the Future Land Use Map as shown below. 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 \. `t ®PublIdInstitutional sa � , ®Recreation/Open Space ""fi'a ; `w f } 1 light Industrial o}y, Heavy Industrial TR` ®Business ParWlndustdal ` r+ 0 Single Family Residential 't ®.Multi-Family Residential :ram VA Mixed-Residential <, a -Mixed-Use-Com/Res -Commercial .' City Limits -Road Future Land Use Plan Page 2 of 7 PC-22-29 :I:Ili*. ` Legend ` ., -' mary_Gateways • r t"iSuburban,Neighborhood, fi ,, ` ;� I iTradiio, nnal,,1, gX r NeighborhoodJWorkplace 10 r .Suburban'. orkplace 4 "• S.`....:,,`. Subuiban.Marketplace k y _ « - Tradtti naLMarke- ' Regional Marketplace''Cen 4 r ter' —, . f Downtown H o\ District a• ' Planning Districts Map The following are descriptions of these planning districts 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 for a mixture of high density and intensity uses. Current Zoning : ;_ , . �y• , The subject property is currently zoned R4 (Single Family x c �, s Residential—Old City). There is a broad mix of zoning �'� . ,�°, ,• ., .•1- districts in the immediate vicinity, including other R4 zoned `� �` �� properties, properties zoned CN (Commercial= ._y '"- --1'• f� °�Neighborhood), CD (Commercial—Downtown), M1 (Multi- If' Family Residential—Small Scale) and PR (Parks & y z,r. Recreation). yr � The subject property sits at the foot of the Big4 Bridge in s J p P Y �✓ ,� ' � •-- Big r 4 Station. ,. . ‘- \ (/ C , Attachments 1. R4 District Intent& Uses and Standards 2. CN District Intent& Uses and Standards Page 3 of 7 PC-22-29 R4 Zoning Information R4 District (Single Family Residential- Old City) 3.42 R4 District Intent, Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The R4(Single Family Residential Residential Commercial:General -Old City)District is intended to • bed and breakfast • child care center(day care) provide a land use category for a •child care/day care(owner- Communications/Utilities mix of residential uses within the occupied) •telecommunications facility(other oldest portions of the City.This •dwelling multi-family duplexi than microcellular) district shall be seen as'fixed'and •dwelling mufti-family-3 to 4 units2 Institutional/Public Facilities NOT be used for new developments •dwelling single family • church,temple,or mosque outside the City's core,although • residential facility for • public recreation center/pool existing lots surrounded by or within developmentally disabled/mentally 'Residential close proximity to other R4-zoned ill(less than 4 units) • dwelling accessory dwelling unit3 properties may be rezoned to this Institutional/Public Facilities • boarding house(owner occupied) district on a case by case basis. • public park • dwelling multi-family-3 to 4 unite The Jeffersonville's Plan Commission Miscellaneous Uses • residential facility for and Board of Zoning Appeals •accessory uses developmentally disabled/mentally should strive to protect this district • •home occupation#1 ill(more than 4 units) • from conflicting land-uses such • home occupation#2 as industrial and large-scale commercial uses as well as non- family oriented businesses. • • • • • • • • • • • Notes: - 1. Min.unit size 600 SF 2. Where an existing building is converted to multiple units. 3. See Article 8.3 for additional standards. 4. New building 3-46 Jeffersonville Unified Development Ordinance • Page 4 of 7 PC-22-29 R4 District (Single Family Residential - Old City) 3.43 R4 District Development Standards Lot Dimensions Setbacks Other Requirements F Lot Width i RSeearbra I erkdo t s i , 9so ry 0 cp Structures i4 Lot_-.r. c) ,�,� Side ' PerryCilOil Area Yard 1- Structure Structure cr Setback �� 4 0 O O. v` tie • 7- _ • ii Property l une i Lot i coverage Building Front Yard i i Envelope Setback �F—Lot Fronl&9e'-1RO.W. t 1 R.O.W. i--,-'2r I R.O.W. RO.W.•As Maned on Thoroughfare Plan .RO.W.•N Maned on Thoroughfare pan RO.W.,N Defined an Thoroughfare Plan Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage • 2,500 Square feet •Average of the setbacks of the • 80%of the lot area Minimum Lot Width: adjacentstructures1 Minimum Residential Unit Size • 20 feet Minimum Side Yard Setback: • 600 square feet. Minimum Lot Frontage: • 3 ft.for the Primary Structure Minimum Structure Width • 20 feet • 2 ft.for an Accessory Structure • 18 feet Minimum Rear Yard Setback: Maximum Primary Structures • 15 ft.for the Primary Structure • 1 Primary Structure • 2 ft.for an Accessory Structure Height Miscellaneous Notes: 1. A 50%reduction from the average setback may be taken on one face of Accessory Structures a corner lot r-- l mechanical / M la exempt chimaera are r exempt ikli `•h°d Building 2 Height Flat Roof Structures Gable Roof Structures (from highest (from highest gable roof) sedan of flat roof) Maximum Structure Height: • Primary Structure:35 feet •Accessory Structure:18 feet See Article 7 for additional development standards See Article 8 for additional use-specific standards Article Three:Zone Districts 3 47 Page 5 of 7 PC-22-29 CN Zoning Information CN District (Commercial: Neighborhood-Scale) 3.12 CN District Intent, Permitted Uses,and Special Exception Uses District intent Permitted Uses Special Exception Uses The"CN'(Commercial: Commercial:Food Sales/Service Commercial:General Neighborhood-Scale)District is • butcher shop/meat market • dry cleaning service intended to provide a land use •convenience store without gas Communications/Utilltles category for small-scale commercial pumps •Telecommunications Facility uses that provide products and •food service:small scale1•2 Institutional/Public Facilities services to neighborhoods.The •grocery stare •church,temple,or mosque provisions that regulate this land use • restaurartt/pub2 •government offices district should promote appropriate Commercial:General • library commercial uses that are clearly •artisan studio/artisan center • Police/Fire Station non-conflicting with adjacent • barber/hair salon/nails/tanning • Post Office neighborhoods in Jeffersonville. • building/landscape/civil contractor2 Residential Jeffersonville's Plan Commission •coin laundry • boarding house(owner-occupied) should strive to use this district •child care center(day care) •dwelling:accessory dwelling unit4 exclusively for small,existing lots •clothing alterations/shoe repair along important road corridors in • health spa older portions of the City. • medical/dental/physical therapy/ chiropractor office The Plan Commission and Board of Zoning Appeals should strive to • photograt bystudio care/grooming/vet clinic3 exclude businesses from the°NC" • photography shop/copy center district that are not family oriented • print tonalo center or that have an adverse effect on the professional office existing adjacent neighborhoods. • retail-1( mall scale)1 • retail 5(used goods)s,s Business:Recreation/Fitness • •dance/aerobics/gymnastics/ martial arts studio •fitness center/gym Residential • bed and breakfast •dwelling multi-family-duplex •dwelling single family Miscellaneous Uses •accessory Uses • home occupation#1 • home occupation#2 Additional Notes: 1. See definition in Article 12 2. Limited to 1,500 SF 3. No outdoor kennels 4. See Article 8.3 for additional standards. • 3-16 Jeffersonville Unified Development Ordinance Page 6 of 7 PC-22-29 CN District (Commercial: Neighborhood-Scale) 3.13 CN:District Development Standards Lot Dimensions Setbacks Other Requirements l' Let Width ear Yard._ ..._.._........_Q ._� R_...�Setbacko�^f y ,wry p ,S% •SI Cp (Structural Lot d� i/ Side I primary rF � 1j I Area,_ �® 6 Yard i. -- Setback StNcttrro i \ i�.d; i I 1. f • Q • 0 ` i i 0 I I. f Line 1 I i i j tat Building Front Yard I ego " I Envelope Setback ! ,, '/ I-— Lot Frontage JI R.O.W. R.OW. i s4 w. i /% l i R.O.W.nAs odlnm on 7t+aorghfine Plan R.aW,=As Deltnoe on 7naagMera Plan R.O.W.-A•armW on Ttmraazilens•Plan Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage: • 5,000 sq.ft. • 10 ft.when adjacent to an arterial or • 85%of the lot area Maximum Lot Area: average setback whichever is less. Min./Max.Main Floor Area: • 20,000 sq.ft. • 5 ft.when adjacent to a local street • 800 sq.ft.min.for primary struct. Minimum Lot Width: or average setback whichever is less. .• 5,000 Sq.ft max.for primary struct. • 50 ft. Minimum Side Yard Setback: Minimum Floor Area per Unit Minimum Lot Frontage: • 5 ft. for the Primary Structure • 500 square feet average per •50 ft. • 2 ft.for an Accessory Structure Dwelling Unit in a multiple-unit Minimum Rear Yard Setback: primary structure,with 400 square • 12 ft. for the Primary Structure feet being the absolute minimum. • 2 ft.for an Accessory Structure Height Miscellaneous Notes: 1. Maximum of two stories for fully commercial structures;structures with Accessory Structures residential units may utilize third floor,attic-like spaces under a pitched �i roof. Iflms/ •hcxonrot 11/ mneys am exempt1 Building I Shed Height ill fit Fiat Roof Structures Gable Roof Structures (from highest (from highest gable roof) section of flat roof) Maximum Structure Height: •Primary Structure:28 ft.1 •Accessory Structure:20 ft. See Article 7 for additional development standards See Article 8 for additional use-specific standards Article Three:Zone Districts 3-17 • Page 7 of 7 PC-22-29