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HomeMy WebLinkAbout2024-OR-29 Zoning Change for Porperty Located at 705 East Maple Street to R4-Single Family Residential-Old City STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2024-OR- 29 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A PORTION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 705 EAST MAPLE STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R4-SINGLE FAMILY RESIDENTIAL-OLD CITY AND M2-MULTI FAMILY RESIDENTIAL-MEDIUM SCALE TO R4-SINGLE FAMILY RESIDENTIAL-OLD CITY Whereas, the City of Jeffersonville Planning and Zoning Department filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of a portion of the real property located at 705 East Maple Street and fully described in the attached Exhibit A from R4-Single Family Residential-Old City and M2-Multi Family Residential-Medium Scale to R4-Single Family Residential-Old City and, Whereas, on April 30, 2024 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 May 6, 2024; 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 a portion of the real property located at 705 East Maple Street and fully described in the attached Exhibit A is hereby changed from R4-Single Family Residential-Old City and M2-Multi Family Residential-Medium Scale to R4-Single Family Residential-Old City. 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 May, 2024. Common Council of the City of Jeffersonville, Indiana V TED FOR: VOTED AGAINST: e u-4 -0-0.1.41., bum r(1 ' 1 Dustin White, President ATTEST: Lisa Gill City Clerk Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF: City of Jeffersonville Planning and Zoning Department I PC-24-13 TO REZONE CERTAIN TRACT: 10-19-00-100-7 56.0 00-010 FROM: R4(Single Family Residential-Small Lot)and M2(Multi-Family Residential-Medium Scale)to R4(Single Family Residential-Small Lot) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, the City of Jeffersonville Planning and Zoning Department filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from R4 and M2 to R4 • • Docket Number PC-24-13 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on April 30,2024 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 April 30,2024 , the Jeffersonville Plan Commission circle one): avorably Recommendinfavorably Recommends/ Provides NO Recommendation tha e Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from R4 and M2 to R4 as requested in the petition of City of Jeffersonville Planning and Zoning Department I PC-24-13 • So certified this 30th day of April 2024 c � Chairman CITY OF JEFFERSONVILLE DEPARTMENT OF LAW _, Les Merkley,Corporation Counsel/Director of Legal Affairs ,G �, 812-285-6493 office `, a�lAQ©k` e 812-285-6403 fax (-�I ' —We Iu www.cityofjeff.net (nn i �FRSON•1` 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 PORTION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 705 EAST MAPLE STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROMRESIDENTIAL-GLE MEDIUM SCA)Y�TO R4(SINGLE FAITY)NTLY AND M2(MULTI FAMILY RESIDENTIAL-OLD CITY) NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A PORTION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 705 EAST MAPLE STREET AND FULLY DESCRIBED IN ATTACHED EDIT A FROM R4(SINGLE FAMILYC�ALEIDT�R4(SINGE F FAMILY RESIDENTOLD CITY)AND M2 II AL-OLD CITY) RESIDENTIAL-MEDIUMCITY) 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 portion of a certain tract of property located at 705 East Maple Street as recommended by the Plan Commission from R4 (Single Family Residential-Old City) and M2 (Multi Family Residential-Medium Scale To R4(Single Family Residential-Old City) A public hearing will be held on Monday,May 6,2024 at 6:00 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. —,S195)16--- Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville,IN 47130 (812)285-6423 POSTED AND EMAILED ON May 1,2024 TO THE FOLLOWING: Via Email to: dsuddeath newsandtribune.com Via Email to: newsroonvi-Oewsandtribune.eom Posted to: 1Vwww.citvo13eff.net GAT y O� Plan Commission ►W Staff Report kr April 30, 2024 14 Case No: PC-24-13 L ":I. _, * Location: 705 E. Maple Street 0 ....� Applicant: City of Jeff Planning and Zoning Dept. V Current Zoning: R4 (Single Family Residential —Old City) and __``�� M2 (Multi-Family Residential — Medium Scale) ��5O`_ Proposed Use: Residential Council District: District 1 — Dustin White Requests r Rezone a portion of the property from M2 (Multi-Family Residential — Medium Scale) to le-A ,140 1,(,, % n R4 (Single Family Residential —Old City). "'� Case Summary ,,AS , t.�� - The applicant purchased two adjacent ,/ 1\ �" properties and had them replatted —shifting ✓'? {', ,s the garage from the M2-zoned parcel to the -O - h `, R4-zoned parcel next door. This change in 'k t�^. ,• ' '` 4 ., lot lines caused a split-zoned parcel, which `• r .t ''` `� staff and the applicant would like to fix. This it "� ` ' i, ~ rezoning will prevent future confusion on this itri_ �' �` J `» property. " .� . � ,+ R A , • " �.Staff Finding/Opinion �° ' * *,-� �+ .: . This rezoning is largely procedural in nature '' • tr.- t° and will not change the character of the area. Split zoned parcels are generally something that should be avoided as they cause problems with permitting and usage. This case will correct this split zoning on this parcel. 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-24-13) to the Jeffersonville City Council with [insert recommendation] as presented to the Plan Commission on April 30, 2024. Page 1 of 9 PC-24-13 Staff Analysis for Change in Zoning The following is a summary of staffs 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 A. • � '. Current Zoning , • The subject property is shown in the zoning 'x� ➢ <' map to the right. The property is zoned R4 • • r (Single Family Residential — Old City) anda�'.g ; M2 (Multi-Family Residential — Medium Scale. The property is surrounded by other R4 zoned properties as well as an M2 ec k zoned property to the East and M1 (Multi- Family Residential — Small Scale) properties to the South. District Intent: Existing 1 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. -and- The M2 (Multi-Family — Medium Scale) District is intended to provide a land use category for medium- scale multi-family apartment, townhouse, or condominium developments. Such developments generally consist of a number of medium-scale buildings with no more than 12 units in a single building and no more than 100 units in a single development. The Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to integrate this district near other commercial districts and exercise greater sensitivity where this district is adjacent to other residential districts. This district should also be within close proximity to parks and open spaces that serve the residents. District Intent: Proposed 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. Page 2 of 9 PC-24-13 Future Land Use Map and Planning Districts This property has a Future Land Use classification of Downtown Mixed Use. This category covers Downtown Jeffersonville and adjacent areas. This area should retain its broad mix of commercial, residential, and institutional uses. Legacy industrial uses in the area. however, should not be allowed to expand significantly and should be encouraged to transition away from industrial use when they close down or decide to relocate. Emphasis should be made on preserving and enhancing the historic, small- town, character of the area and making it even more pedestrian friendly. 40 i m " 1. r ;Pi ' Alfitt_ 40.4.--,w dilvS la i kik"t� 4A1ø. : FUTURE LAND USE .�Si.. ,T.* -1 Commercial Corridors di frikov+ �•~de z Downtown Mixed Use . I Industrial . .�. --� 1 -� Industrial/Commercial ' r,�, ` __J Mixed Use _ '��` .,! Mixed Neighborhood 0111111401111, - Residential Neighbhorhood Future Land Use Map _ 6 'N'x 1 i I 8 " / � / \\ r ' \ .' i \ _ � �t� c • •) i5 <' 4 i N - 2 J/ 3 , ,.1r Planning Districts Map The project falls into the Downtown District on the Planning Districts Map. The following is description of this Planning District from the Comprehensive Plan. Planning District 1: Downtown Planning District 1 is comprised of a broad mix of uses in a historic setting. Serving as the City's primary business, commercial, civic, and entertainment district, it gives identity to the entire community. This area is pedestrian-friendly with sidewalks and street fronting buildings and affords easy access to Page 3 of 9 PC-24-13 other modes of transportation including bicycles and public transit. The following goals are established for the Downtown Planning District: • Provide for a mix of high-density, high-intensity commercial, residential, and civic uses • Highly limit auto-centric uses such as auto sales, repair shops, and drive-thru businesses • Support historic preservation and adaptive reuse of existing historic structures • Encourage infill development and redevelopment that enhances the historic character of the neighborhood and fosters a lively pedestrian environment, especially in NoCo and the Court Avenue corridor • Minimize parking lots, blank walls, fences, and other features that do not contribute to a pedestrian-friendly atmosphere • Incentivize development to enhance and build upon the NoCo arts district's aesthetic by including public art and architectural design features that are reflective of the District Additional Notes • None. Attachments 1. Owner Affidavit. 2. Current Zoning Layout 3. Proposed Zoning Layout Page 4 of 9 PC-24-13 Owner Affidavit Mike Moore, Mayor Chad Reischl, Director of Planning AFFIDAVIT& CONSENT OF PROPERTY OWNER For ;' �, n . Application Type STATE OF INDIANA COUNTY OF CLARK ) SS: I, - er-4 A�• � ,AFTER BEING DULY SWORN.DEPOSE AND SAYTHE FOLLOWING: I.That 1 am the owner of real estate located at• 7f1 f'it I• l ,Yf`eek-J orzci .1.J (Am.of affected papacy) 49«d 2. That I have no objections to•and consent to the requests)descrihed in the Application made to the Jctf'crsomillc Plan Commission Owner's Name',Please Print) __-/(//mi-r,5=.1-lit �`- rincrs Stymature State cf Indiana County of Clar< ) SS. 50AN4 I Ah Subsc*tbed and swop to before me this L D day o H 9( t).4, Ztrttfy_nr Cta_ri-Os l'ACA;r1CA Notary Pubiicy Printed Residing in I•�.L TN County My Commission expires: (a O o "'""�•. CARLOS MOLIki +i��'�•wi':•Norar,i b�'c.State o'trr.a�a _ ?2 Cebnty 2 SEAL: •-, •?'n..,+.mren NAM.NrOra r WI /yr • : 4ty Commission Empires Jun.oe.2030 Page 5 of 9 PC-24-13 Current Zoning Layout M2 District (Multi-Family - Medium Scale) M2 3.26 M2 District Intent, Permitted Uses. and Special Exception Uses District Intent Permitted Uses Special Exception Uses The M2(Multi-Family-Medium Residential Communications/Utilities Scale)District is intended to provide • co-housing community • telecommunications facility(other a land use category for medium- • dwelling:duplex than microcellular) scale multi-family apartment. •dwelling:mufti-family-3 to 4 units Instltatlonal/Public Facilities townhouse,or condominium • dwelling:mufti-family-5 to 6 units • church,temple.or mosque developments.Such developments •dwelling:multi-family-7 to 12 units Residential generally consist of a number of • dwelling:single family • assisted living facility medium-scale buildings with no more • dwelling:single family,attached' • dwelling:multi-family(>12 unds)3 than 12 units in a single building and • residential clubhouse/community • nursing home no more than 100 units in a single room • residential facility for development. •senior living/retirement developmentally disabled/mentally The Jeffersonville's Plan Commission community2 ill(4 bedrooms or less) and Board of Zoning Appeals should Miscellaneous Uses strive to integrate this district near • child care/day care:owner occupied other commercial districts and exercise greater sensitivity where this district is adjacent to other residential districts.This district should also be within close proximity to parks and open spaces that serve the residents. Additional Notes: 1. 320'maximum building length for all attached units,refer to M1 standards in Article 6 for subdivision of lots 2. Not assisted living or nursing home 3. This may be acceptable where only a single building is proposed and there are less than 25 units 3-30 Jeffersonville Unified Development Ordinance Page 6 of 9 PC-24-13 M2 District (Multi-Family - Medium Scale) DMZ 3.27 M2 District Development Standards Lot Dimensions Setbacks Other Requirements - _el'Wtdth 'Reef V td Seebeck � �\ i • Structures Lot • - et) 31de ! - - Prix r: Area - t a1 - - ('7'� 91nx.Yure ____I II 0 semHok 47,r t411� I�' c,.f ■l k ii ° ti P ty • U,a r` et Bui�cirg Front Yard Coverage Envelope Setback • _ot F ntage ----ROW 7..---- R.O.W. '�O W. / R.O.W.ac ltefred on'ciuq'lr e r ti u.' =As Jt Sr es on I!or sq,Yre Pear it J'N A.Jot tad At f tawgl�r r.Yln Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage • 20.000 sq.ft. • 30 ft.when adjacent to an arterial • 65::,of the lot area Minimum Lot Width: • 20 ft.when adj.to a local street or Minimum Residential Unit Size • 80 ft. average setback whichever is less • 700 sq.ft.average per dwelling Minimum Lot Frontage: Minimum Side Yard Setback: unit in all multi-family structures in • 50 f'. • 25 ft.for the Primary Structure"2 the development.with 400 sq.ft.the • 10 ft.for an Accessory Structure3 minimum Minimum Rear Yard Setback: Maximum no.of Dwelling Units • 25 ft.for the Primary Structure • 100 units per development • 10 ft.for an Accessory Structure3 Height Miscellaneous Notes: 1. Side yard setbacks may be reduced to 15 feet where adjacent to any of Accessory StrrGures the following districts:C1.C2,CH.CO.M1. M2.&M3. �t� 2. Side yard setbacks my be reduced to 10 feet where adjacent to any of towerreech • c T the following districts:CD.CN.and R4. crane.,a2 E.—""° 3. Side yard setbacks for accessory structures may be reduced to 5 feet in any of the districts listed in notes 1 or 2 above. lewd Building Heigh) Fiat Roof Structures Gable Roof Structures (from n ghest (from hghes'gable roo) section of flat rocf) Maximum Structure Height: • Primary Structure:40 ft. • Accessory Structure: 18 ft. Maximum Stories • 3 stories See Article 6 for subdivision regulations See Article 7 for additional development standards See Article 8 for additional use-specific standards Article Three:Zone Districts 3-31 Page 7 of 9 PC-24-13 Proposed Zoning Layout R4 District (Single Family Residential - Old City) R4� 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/UtIlitles mix of residential uses within the occupied) • telecommunications facility(other oldest portions of the City.This • dwelling:multi-family duplex than microcellular) district shall be seen as"fixed"and • dwelling:multi-family-3 to 4 units' Institutional/Public Facilities NOT be used for new developments • dwelling single family • church.temple,or mosque outside the City's core,although • dwelling:single family,attached2 • Dublic recreation center/pool existing lots surrounded by or within • residential facility for Residential close proximity to other R4-zoned developmentally disabled/mentally • dwelling:accessory dwelling unit3 properties may be rezoned to this ill(less than 4 units) • noarding house(owner occupied) district on a case by case basis. Institutional/Public Facilities • dwelling:multi-family-3 to 4 units' • publicpark • residential facilityfor The Jeffersonville's Plan Commission • and Board of Zoning Appeals Miscellaneous Uses developmentally disabled/mentally should strive to protect this district • child care/day care:owner occupied ill(more than 4 units) from conflicting land-uses such • home occupation#1 as industrial and large-scale • home occupation#2 commercial uses as well as non- family oriented businesses. Notes: 1. Where an existing building is converted to multiple units. 2. 100 foot maximum building length for all attached units. 3. See Article 8.3 for additional standards. 4. New building 3-46 Jeffersonville Unified Development Ordinance Page 8 of 9 PC-24-13 R4 District (Single Family Residential - Old City) .R4. 3.43 R4 District Development Standards Lot Dimensions Setbacks Other Requirements r tot wain 'RaarYdrd I l 6# ( 11 Accessory�#so-aduru'_, f 0 Pr Lot - ®" SaPlenary .-• s i Area Yard .--• 'Sln,clt.re �� SetbaG 0 . ,,,, it_r_ Line , Lot 0 Q Fi _, Building Front Yard 0o,ar✓4 Envelope Setback 1 Lot Frontage "ROW . R.O.W. R.O.W. / / �/ H.V.W._'.s tlaanse on Tiwolplfts Pon H.V.N=.4 Jelrix on rMorgrhm Per R O.W.=As Defined m Thoroughfare Ron 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: adjacent structures' Minimum Residential Unit Size • 20 feet Minimum Side Yard Setback: • 600 square fee,. Minimum Lot Frontage: • 3 ft.for the Primary Structure Minimum Structure Width • 20 feet • 2 ft,for on 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 Ace=oory Sea:Aoo] a corner lot. ,ray•n..' i.0 rr„ dye:my.am ecervq L, er«n Bullring He ghl Flat Coot St-r.cures Goole Roof Structures .frcrn,ghes: (non rughos'gatee root secrle-of flat root) Maximum Structure Height: • Primary Structure:35 feet • Accessory Structure:18 feet See Article 6 for subdivision regulations See Article 7 for additional development standards See Article 8 for additional use-specific standards Article Three:Zone Districts 3-47 Page 9 of 9 PC-24-13