The URL can be used to link to this page

Home My WebLink About2023-OR-32 Ordinance Changing Zoning to C1 on Property Located at 1802 Allison Lane STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2023-OR- .3a AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1802 ALLISON LANE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM NS-INSTITUTIONAL USES TO C1-COMMERCIAL: MEDIUM SCALE Whereas, DR. ZACH OGDEN filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 1802 Allison Lane and fully described in the attached Exhibit A from NS-Institutional Uses to C1-Commercial: Medium Scale and, Whereas, on May 30, 2023 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 5, 2023; 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 1802 Allison Lane and fully described in the attached Exhibit A is hereby changed from NS-Institutional Uses to C1- Commercial: Medium Scale. 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 day of June, 2023. Common Council of the City of Jeffersonville, Indiana VOTED FOR: VOTED AGAINST: cJL 47111 Matt •w sident ATTEST: isa Gill City Clerk Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF: Dr. Zach Ogden I PC-23-13 TO REZONE CERTAIN TRACT: 10-19-01-201-056.000-009 FROM: NS (Institutional Uses) to C1 (Commercial: Medium Scale) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Dr. Zach Ogden filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from NS to C1 ; Docket number PC-23-13 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on May 30, 2023 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 30, 2023 , the Jeffersonville Plan Commission (circle one): (Favorably Recommends / Unfavorably Recommends/ Provides NO Recommendation that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from NS to Cl as requested in the petition of Dr. Zach Ogden I PC-23-13 • So certified this 30th day of May 2023 74)1,14 Ar• otk--b - Chairman CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley,Corporation Counsel/Director of Legal Affairs Gvr Y 0, ute �' �'0 812-285-6493 office U i ° 812-285-6403 fax I� - - 11 www,cityofjeff.net T \`'�Ow Jeffersonville City Hall \ 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 1802 ALLISON LANE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM NS(INSTITUTIONAL USES)TO CI (COMMERCIAL: MEDIUM SCALE) NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1802 ALLISON LANE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM NS (INSTITUTIONAL USES)TO Cl (COMMERCIAL: MEDIUM SCALE) 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 1802 Allison Lane that received a Favorable Recommendation by the Plan Commission from NS(Institutional Uses)to Cl (Commercial: Medium Scale). A public hearing will be held on Monday,June 5,2023 at 7:00 pm in the City Council Chambers, 15t 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 POSTED AND EMAILED ON May 31, 2023 TO THE FOLLOWING: Via Email to: dsuddeathl'etnewsandtribune.com Via Email to: newsroomu)newsandtribune.com Posted to: \,\vv.citvofjerrnet ,T y—� Plan Commission . G ►W �, Staff Report �'� �;,:;. ,ak c\ May 30, 2023 N Case No: PC-23-13 t�* -44 ECM 01 - W Location: 1802 Allison Lane Applicant: Dr. Zach Ogden T v Current Zoning: NS (Institutional Uses) 1 _`J` Proposed Use: Medical Office R� SQN Council District: District 3 -Joe Paris Request 4 ' ` Rezone property from NS (Institutional Uses) to Cl \ (Commercial: Medium Scale) . -N T ' \\s'ss. t Case Summary w w» • , „'i A The applicant is proposing to rezone the parcel to allow for a medical office to open in the existing building. ? °4 Staff Finding/Opinion ' •.-,;jam Staff cannot figure out why this building, which had been a , ":Z, '";' bank for many years, was ever zoned "institutional". There # '�'. :�..� i are plenty of adjacent parcels with the C1 zoning , classification and the rezoning it meets the land use goals of V. the Comprehensive Plan. Staff feels like this is almost more of a map correction than a rezoning, and fully supports the application. 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-23-13) to the Jeffersonville City Council with [insert recommendation] as presented to the Plan Commission on (May 30, 2023). Page 1 of 7 PC-23-13 Staff Analysis for Change in Zoning The following is a summary of staff's analysis of the proposed development as it relates to the land use and development policies of the Comprehensive Plan and Unified Development Ordinance: Current Zoning and UDO Zoning District Intent Current Zoning The subject property is shown in the zoning map �,`\ to the right. The property is zoned NSA • (Institutional Uses). Adjacent properties are zoned C1 (Commercial: Medium-Scale) to the North, M2 (Multi-Family: Medium Scale) to the East, C1 (Commercial: Medium-Scale) and PR (Parks and Recreation) to the South, and M2 (Multi-Family: Medium Scale) to the West. District Intent: NS (Institutional Use) - ;?"''� • i\ The "NS" (Institutional Uses) District is intended to provide a land use category for institutionally owned lands, including state, county, and city facilities. The IS district is also intended for social service oriented uses, and similar non-profit or quasi-public institutions where the use is for public purpose and is anticipated to remain so permanently. The Plan Commission and Board of Zoning Appeals should encourage institutional structures and uses to set a standard for development throughout the planning jurisdiction. District Intent: C1 (Commercial: Medium Scale) The "C1" (Commercial: Medium-Scale) District is intended to provide a land use category for most small scale general business uses. This district can be used adjacent to all commercial, industrial, and multifamily residential districts. Adequate buffering should be provided where located adjacent to any single family residential district. A number of residential uses have been listed as a special exception in the C1 district and may be used to create mixed-use commercial and residential districts within the city and/or help rejuvenate aging commercial corridors. The Plan Commission and Board of Zoning Appeals should not encourage "strip development," rather development in clusters that share resources and minimize the cost of public utilities and services. The Plan Commission and Board of Zoning Appeals should also strive to minimize lighting, parking lots fronting major streets. and traffic conflicts in the C1 District. Future Land Use Map and Planning Districts The property to be rezoned falls within the Commercial land use classification in the Future Land Use Map as shown below. This category includes small to medium commercial development intended to serve both the surrounding neighborhoods and region. Businesses may include downtown or suburban locations. This land use is usually located in concentrations. These areas of concentrations are along the 10th Street corridor, Spring Street corridor, and downtown Jeffersonville. In previous years the redevelopment of downtown has brought many new local businesses. Due to new attractions and improvements there has been accelerated growth and business in downtown making it a strong commercial focal point for the community. Page 2 of 7 PC-23-13 Legfo end Public Institutional =ecreation,Open Space .� ,.-.>., Light Industnal Heavy Industnal ' - Business Parkandustrial Single Family Residential Multi-Family Residential '1>ed-Residential L'L 7 `.Lied-Use-Corn Res - Commercial City Limits ?oad Future Land Use Map Legend Primary Gateways Suburban Neighborhood Traditional Neighborhood/Workplace 0 11111 Suburban Workplace Suburban Marketplace Traditional Marketplace Regional Marketplace Center Downtown Historic District Planning Districts Map The project falls into the Traditional Neighborhood/Workplace on the Planning Districts Map. The following is/are description(s) of this planning district from the Comprehensive Plan. Traditional Neighborhood/Workplace This planning district is characterized by a mix of traditional neighborhoods interspersed with small to medium scaled commercial uses and legacy industrial sites. It is generally served by a grid pattern of streets with sidewalks and often includes alleys. Residential lots are predominately narrow and often deep, but the neighborhood may contain sections of larger estate lots, and other parcels on which appropriately integrated higher density residential uses may be located. Commercial buildings within the district often have little or no setback from the streets and are well integrated into the residential fabric. New housing opportunities, commercial development/redevelopment and civic/community uses should be encouraged. Expansion/development of legacy industrial uses should be very limited. Additional Notes • None Page 3 of 7 PC-23-13 Attachments Current Zoning Information Cl District (Commercial: Medium-Scale) ci 3.4 C1 District Intent. Permitted Uses. and Special Exception Uses District Intent Permitted Uses Special Exception Uses The'Cr(Commercial Medium- Commercial:General Commercial:Auto&Vehicle Scale)District is intended to provide •artisan studio/artisan center •auto body repair shop a land use category for most small • barber/hair salon/nails/tanning etc. •auto repair major' scale general business uses This • bank/credit union/ATM3 •auto rental district can be used adjacent to all • building/landscape/civil contractor •auto sales(open air limited or no commercial,industrial,and multi- (no outdoor storage) services) family residential districts Adequate •coin laundry •auto wash buffering should be provided where •child care center/day care •small engine repair located adjacent to any single family •clothing alterations/shoe repair Commercial:Food Sales/Service residential district. •dry cleaning service •convenience store with gas pumps A number of residential uses have •health spa Commercial:General been listed as a special exception •hotel or motel • building/landscape/civil contractor in the Cl district and may be used •pet care/grooming(no outdoor (with outdoor storage) to create mixed use commercial kennels) •funeral home/mortuary and residential districts within the •photography studio •retail 3(with outdoor product sales) city and/or help rejuvenate aging • professional office' •sign fabrication commercial corridors • pnnt shop/copy center • storage indoor6 • retail 1,4,or 5' Commercial:Recreatlon/F)tness The Plan Commission and Board •temporary service agency • fraternal org/lodge/pnvate club of Zoning Appeals should not •tattoo studio/piercing shop • marina encourage"strip development' •temporary service agency • outdoor entertainment venue' rather development in clusters that •vetennanan office/hospital Communications/Utilities share resources and minimize the Commercial:Recreation/Fitness • public well cost of public utilities and services • banquet hall •telecommunication facility The Plan Commission and Board of • bar/night club/cigar bar" institutional/pudic facilities Zoning Appeals should also stnve •cross fit/training center •church/temple/mosque.etc to minimize lighting parking lots •dance/aerobics/gymnastics/martial •substance abuse treatment- fronting major streets,and traffic arts studio outpatient(counseling only) conflicts in the Cl District •fitness center/gym •government offices • indoor entertainment venue'4 • library •theater.indoor° • post office Institutional/Public Facilities Residential uses' Permitted Uses •school.highered -single facility •assisted living facility Miscellaneous •co-housing community Commercial:Auto&Vehicle •accessory uses •dwelling duplex •auto accessory installation •dwelling multi-family 3-4 units •auto repair,minor' •dwelling multi-family 5-6 units •auto parts sales •dwelling multi-family 7-12 units Commercial:Food Sales/Service •dwelling multi-family>12 units • butcher shop/meat market •dwelling single family •convenience store without gas pumps • nursing home •drive thru/drive in restaurant •senior living/retirement community •food service.small scale' •food service small scale(w/drive Additional Notes: thru) See oefinitionls)in Article 12 •food hall/farmers market' •grocery store 2. Production area limited to 2,000 square feet • micro-brew/distillery Ma production'` 3. With or without drive thru • restaurant/pub 4 Not adult entertainment uses 5. Residential uses shall have an average minimum floor area of 800 square feet per unit,with 400 square feet the absolute minimum 6 Less than 40%of building and not located on street front 3-8 Jeffersonville Unified Development Ordinance Page 4 of 7 PC-23-13 Proposed Zoning Information NS District (Institutional Uses) NS 3.32 NS District Intent. Permitted Uses. and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"NS"(Institutional Uses)District Commercial:General Business Commercial:Auto Sales/Services is intended to provide a land use • child care center(day caret • automobile/truck storage/bus category for institutionally owned • funeral home/mortuary (open air)-no sales lands.including state,county,and Commercial:Recreatlon/Fitness •filling/gas station city facilities.The IS district is also • ball fields • motor bus station intended for social service oriented • fraternal organization/lodge, Commercial:Recreation/Fitness uses,and similar non-profit or quasi- private club • banquet hall public institutions where the use is Institutional/Public Facilities Communication/Utilities for public purpose and is anticipated • church,temple or mosque • public wells to remain so permanently • community center/senior center •sewage treatment plant The Plan Commission and Board of • government building •telecommunications facility(other Zoning Appeals should encourage • government offices than microcellular) institutional structures and uses • library • utility substation to set a standard for development • museum Institutional/Public Facilities throughout the planning jurisdiction • police/fire station • cemetery/mausoleum/ • post office crematorium • public park • hospital • public recreation center/pool •school,higher education-singe •school,elementary/secondary facility •school,higher education-campus •substance abuse treatment- •substance abuse treatment- inpatient outpatient(counseling only) •substance abuse treatment- outpatient • Residential •assisted lrvingfacility •child care institution(children's home) • nursing home • residential facility for developmentally disabled/ mentally ill(less than 4 units) • residential facility for developmentally disabled/ mentally ill(more than 4 units) Additional Notes: 1. Only where accessory to another use listed on this table;otherwise see convenience store with gas pumps. 3-36 Jeffersonville Unified Development Ordinance Page 5 of 7 PC-23-13 NS District (Institutional Uses) N 3.33 NS District Development Standards Lot Dimensions Setbacks Other Requirements • Lot Width - 'Roar rare s.e.a C Stn.c"Pes Lot • .� Sde - Remary Area . Setback cture • OS pe 0 a ' - Lae Lot Coverage Buitkne • &veleta Setback Frpyy. -ROW / R O.W , R 0 W R Q_w.•All donned on*1vaiYi•Row R O.W.•A•dw•w an'Mou4l•n Pl.i RR O.W•A.Oakum on I•WA4l�OW, Minimum Lot Area: Minimum Front Yard Setback:, Maximum Lot Coverage: • 10.000 sq ft • 35 ft when adjacent to an arterial • 65%of the lot area4 Minimum Lot Width: • 25 ft when adjacent to a local street Minimum Main Floor Area: • 70 ft Minimum Side Yard Setback: • 900 sq ft min.for primary struct Minimum Lot Frontage: • 15 ft for the Primary Structure2 • 65 ft. • 5 ft for an Accessory Structure2 Sewer and Water: Minimum Rear Yard Setback: • Requires municipal water and • 20 ft for the Primary Structure3 sewer hookup • 5 ft for an Accessory Structure3 Height Miscellaneous Notes: 1. Where located in the Downtown or Downtown-adjacent neighborhoods. Air Structure. the front yard setback may be reduced to the average of the adjacent structures at the discretion of the Planning Director. •m O, 2. Where located in the Downtown or Downtown-adjacent neighborhoods. "'•°' the side yard setback for primary structures may be reduced to 5 feet: the side yard setback for accessory structures may be reduced to 2 feet. WNW Bulking 3. Where located in the Downtown or Downtown-adjacent neighborhoods, Height the rear yard setback for primary structures may be reduced to 12 feet: Flat Roof wudue. Gable Roof Stnx%ures the side yard setback for accessory structures may be reduced to 2 feet. I^'O""°o's' (" "9""1p9O1tr ) 4. Where located in the Downtown or Downtown-adjacent neighborhoods. section d flat mob the maximum lot coverage may be increased to 85%. Maximum Structure Height: • Primary Structure.35 ft. • Accessory Structure-25 ft. See Article 7 for additional development standards See Article 8 for additional use-specific standards Article Three:Zone Districts 3-37 Page 6 of 7 PC-23-13 m r-i rn rs4 6 a_ LOUISVILLE FOOT * ANKLE SPECIALISTS - TENANT BUILDOUT =LEW ... .....,............... • • .. ............. \7;.4:), ... ........... 1802 ALLISON I ANE .. -................. 46k,P44. ... ----- JE F F E RSON VI LL E.'", 47130 - ......-.-. . ............. 6 - -....-..—...... z - .....,-.......... .. .................... ... _...... 5 i :: ==7:7-- E 1••••t ,.,,•,' os, .:. i -. ----- , 0 I i /7 • .,, _,,,e0' '4. 11101100t • -..—r::—;-g:i-a4_:f:t;-72__:::_ c't 1 1 i < : 11) 1 0 . U LOCATION •. .11 ---....--t-- -- ::„.z......-...,-......— , -- ',-.LOCATION . ..a•'d' 12R , .. .1 , . ..."'"wat''''' tr•••=''''''.........'-'..'... U A-A .V.A-4' St '• ' ''S('''''S'.'' '. ' 'VAL.:. F.:=AL=ALL"=.1:•:=='Z.' 1.1M , i '41' e' •...L • s.' 41L .....''''' ••=er'L Lug AA CU .5 • 4$A -"' . (..) .......... .. ?...-E .... ..4.- , "a I' •••••'•"''•'`. r...r.=?...7.r ........ .............-....... 0. LOCATION MAP t 4,Ca-AITE MN' o > 0 — —...............—. r...•=,==r.--:::,:.,.... .....-- 13 !maw 0 10 > zi; ..........—.............. 00 --'•°,-- . 2 „..,.., a_ op-- ..... C r-- Crl ..' _ 0. I I GI.0 , cv =1„...................====.. . al CO (I) ........==".....*•••••••••••••"•'•••••••• ro a_