Loading...
HomeMy WebLinkAbout2014-OR-16STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2014 -OR- % 4 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1014 Kehoe Lane AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C1 to R3. Whereas, Summer Packwood filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 1014 Kehoe Lane and fully described in the attached Exhibit A from C1: Small to Medium General Commercial to R3: Old City Residential; and, Whereas, on March 25, 2014 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 April 7, 2014; 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 1014 Kehoe Lane and fully described in the attached Exhibit A is hereby changed from C1: Small to Medium General Commercial 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. 50 ORDAINED this ? day of April, 2014. Common Council Of The City of Jeffersonville, Indiana VOTED AGAINST: rlL_ Dennis Julius, '.,fident Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this 2 day of April, 2014 a ti:Ak Vicki Conlin City Clerk This Ordinanc//eJ\� roved and signed by me this iq day 2014 at I n.. uuo.. Prepared by: Les Merkley Corporate Counsel Mike oore, Mayor STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Summer Packwood PC -14-09 TO REZONE A CERTAIN TRACT 1014 Kehoe Lane - Parcel #'s: 10-19-01-000-173.000-010, 10-19-01-000-176.000-010, 10-19-01-000-174.000-010, & 10-19-01-000-175.000-010 FROM C1 (Small to Medium General Commercial) to R3 (Old City Residential) CERTIFICATION 0 FAVORABLE NFAVORABLE/NO RECOMMENDATION OSED ORDINANCE Whereas, Summer Packwood filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from C1 to R3 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on March 25, 2014 ; 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 March 25, 2014 , the Jeffersonville Plan Commission favorably recommends (5-0) that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from C1 to R3 as requested in the petition of Summer Packwood PC -14-09 So certified this 25thday of March ,2014 Brent Roberts Chairman Exhibit A Legal Description Tract #1 • . A part of Survey #I0 of the Illinois Grant, City of Jeffersonville, Clark County. Indiana, also being part of the lands described in Colvin (DR 237-115) described as follows: Beginning at a 6 inch x 6 inch limestone of the East corner of Survey #10. Thence North 40 degrees 00 minutes 00 seconds West. a distance of 444.50 feet along the Survey line to *point, the true place of beginning; Thence North 40 degrees 00 minutes 00 Seconds West, a distance of 223.50 feet along the survey line to a point; Thence South 50 degrees 0 minutes 0 seconds West, a distance of 545.42 feet passing a 12 inch x 18 inch concrete post at 2.89 feet to a 5/8 inch rebar. Thence South 40 degrees 00 minutes 00 seconds East, a distance of 224.89 feet to a 518 inch rebar; Thence 49 degrees 51 minutes 14 seconds East, a distance of 545.42 feet passing a 1/2 inch mbar at 197.78 feet to the true place of beginning.Containing 2.8072 acres. Parcel Number 19-00120.001-0 Tract #2 A part of Survey #10 at the Illinois Grant, City of Jeffersonville, Clark County, Indiana, also being part of the lands described in Colvin (DR 237-115) as follows: Beginning at a 6 inch x 6 inch limestone at the Hast corner of Survey #10. Thence North 40 degrees 00 minutes 00 seconds West, a distance of 444.50 feet along the Survey line to a point; Thence South 49 degrees 51 minutes 14 seconds West a distance of 545.42 feet to a S/8 Inch rebar, the true plauo of beginning; Thence North 40 degrees 00 minutes 00 seconds West, a distance of 224.89 feet to a 5/8 inch robe; Thence South 50 degrees 00 minutes 00 seconds West, a distance of 200.00 feet to a 5/8 inch rebar, Thence South 40 degrees 00 minutes 00 seconds East, a distance of 225.40 feet passing a 5/8 inch rebar at 62.00 feet and 132.00 feet to a 5/8 inch mbar, Thence North 49 degrees 51 minutes 14 seconds East, a distance of 200.00 feet passing a 5/8 inch rebar at 22.91 feet to the true place of beginning. Containing 1.0337 acres. Including a 20 foot wide driveway and utility easement, the centerline of which Is described as follows: Beginning at a 5/8 inch rebar at the South comer of the above described parcel. Thence North 40 degrees 00 minutes 00 seconds West, a distance of 93.40 feet to a 5/8 inch rebar, the true place of beginning; Thence South 50 degrees 00 minutes 00 seconds West, a distane of 197.58 feat to a 5/8 inch rebar, the terminus Point of said Centerline. Tract #3 A part of Survey #10 of the Illinois Grant, City of Jeffersonville, Clark County, Indiana, also being the lands described in Colvin (DR 237-115) described as follows: Beginning at a 6 inch x 6 inch limestone at the East corner of Survey #10; Thence North 40 degrees 00 minutes 00 seconds West p distance of 444.50 (cot eloag the Survey line to a point; Thence South 49 degrees 51 minutes 14 seconds West a distance of 745.42 feet passing a 5/8 inch rebar at 722.51 feet to a 5/8 inch rebar, the true place of beginning, Thence North 40 degrees 00 minutes 00 seconds West, adistance of 93.40 feet to a 5/8 inch mbar; Thence South 50 degrees 00 minutes 00 seconds West a distance of 197.58 feet to a 5/8 inch rebar; Thence South 40 degrees 00 minutes 00 seconds East, a distance of 93.91 feet to is point; Thence North 49 degrees 51 minutes 14 seconds East, a distance of 197.58 feet passing a 3/4 inch rebar at 0.94 feet to the true place of beginning. Containing 0.4248 acres. Subject to a 20 foot wide driveway and utility easement, the centerline of which shall run along the entire Northwest lire of the above parcel. Parcel Number 19-00120-003-0 Tract #4 A part of Survey #10 of the Illinois Grant, City of Jeffersonville, Clark County, Indiana„ also being part of the lands described in Colvin (DR 237.1 15) described as follows: Beginning at a 6 inch x 6 inch limestone at the East comer of Survey #10, Thence North 40 degrees 00 minutes 00 seconds West a distance of 444.50 feet along the Survey line to a point; Thence South 40 degrees 51 minutes 14 seconds West a distance of 745.42 feet passing a 5/8 inch robar at 722.51 feet to a 5/8 inch rebar, Thence North 40 degrees 00 minutes 00 seconds West, a distance of 93.40 fent to a 5/8 inch tuber, the true place of beginning, Thence North 40 degrees 00 minutes 00 seconds West, a distance of 70.00 foot to a 5/8 inch rebar, Thence South SO degrees 00 minutes 00 seconds West, a distance of 197.58 feet to a 5/8 inch mbar, Thence South 40 degrees 00 minutes 00 seconds East, a distance of 70.00 feet to a 5/8 inch rebar; Thence North 50 degrees 00 minutes 00 seconds East, a distance of 197.58 feet to the true place of beginning. Containing 03175 acres. Subject to a 20 foot wide driveway and utility easement, the centerline of which shall run along the entire Southeast lino of the above described parcel. Parcel Number 19-00420-004-0 Also known as: 1014 Kehoe Lane, Jeffersonville, IN 47130.4600. II STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: PC -14-09 Petitioner: Summer Packwood Request: Rezoning from C1 to R3 Location: 1014 Kehoe Lane Parcel: 10-19-01-000-173.000-010, 10-19-01-000-174.000-010, 10-19-01- 000-175.000-010, 10-19-01-000-176.000-010 Hearing Date: March 25, 2014 Rezoning Request The applicant is requesting a zoning map amendment for three properties that are known as 1014 Kehoe Lane. This properties are currently zoned C1 (Small to Medium Commercial). The petitioner is requesting that the property be rezoned to the R3 (Old City Residential). Property Location and Description This property is located next to the Field's Crossing Subdivision and the existing structure is set back 300 feet from Kehoe Lane. The home was built in 2002 and used as a private residence and foster home — each floor is 3,500 square feet. Figure 1: Vicinity Map Zoning Change Procedure The Jeffersonville Zoning Ordinance and Indiana State Statute IC 36-7-4 outlines that the following should be considered when the Plan Commission is reviewing a Rezoning Request: Page 1 of 6 PC -14-09: Kehoe Lane • 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 aiiapted; • The conservation of property values throughout the jurisdiction; and • Responsible development and growth. The property is zoned C1 because an assisted living facility was proposed in 2000. At that time the zoning ordinance permitted assisted living in the B-1 zoning district, and the Council approved the rezoning request. When the new zoning ordinance was adopted in 2001 the B-1 district was converted to C1. The assisted living facility was never built and the zoning has never been amended. Under our current ordinance an assisted living facility is only permitted in the M3 district. 1014 Kehoe Lane - Small to Medium Commercial (C 1) Apartment Complex - Medium Density Multifamily Residential (M2) Figure 2: Zoning Map Comprehensive Plan & Planning Districts The Jeffersonville Comprehensive Plan's Planning Districts Map identifies this property as being in the Suburban Neighborhood District. This district is described as follows: "The Suburban Neighborhoods District is characterized by predominantly residential uses that vary from low to high density and that blend compatibly into existing landscape and neighborhood areas. High-density uses will be limited in scope to minor or major arterials and to area that have limited impact on the low to moderate density residential areas...The district may contain open space and, at appropriate locations, civic uses and neighborhood centers with a mixture of uses such as offices, retail Page 2 of 6 PC -14-09: Kehoe Lane shops, restaurants and services. These neighborhood centers should be at a scale that is appropriate for nearby neighborhoods. The district should provide for accessibility and connectivity between adjacent uses and neighborhoods by automobile, pedestrian, bicycles, and transit." Attachments 1. Applicant's Letter of Intent 2. C1 District Intent 3. R3 District Intent Page 3 of 6 PC -14-09: Kehoe Lane Re: Letter of Intent 1014 Kehoe Lane Jeffersonville, IN To Whom It May Concern: Your Home Away fro July 17, 2013 Waterford Village respectfully requests a change of zoning for the above referenced property. Waterford Village wishes to occupy the property to operate a Residential Living Home for adults suffering from mental illness. Our residents require assistance with day to day living and medication reminders. Waterford Village wishes to operate as an upscale living community. With that being said, we will choose our residents very carefully and will not tolerate any violent or otherwise dangerous behavior. It is the policy of Waterford Village that if a resident should become verbally or physically violent while in our care, they must move out immediately. This policy is for the safety of our staff and residents as well as the safety of the neighborhood as a whole. At this time we do not have any plans of building or changing the current structure of the house. Sincerely, PCC` /( IA/ u - LI L (/) Summer Packwood, LSW Executive Director 1014 Kehoe Lane Jeffersonville 1 Indiana 47130 Phone (812) 725-86441 Fax (812) 725-8645 Summer@waterford-village.com 1 www.waterford-village.com Page 4 of 6 PC -14-09: Kehoe Lane "C1" District 4.13 "C1" District Intent, Permitted Uses, and Special Exception Uses District Intent The "C1" (Small to Medium Scale General Commercial) District Is Intended to provide a land use category for most small scale general business uses. The provisions that regulate this land use district should not overly restrict normal business practices. This district can be used adjacent to all other commercial districts and the "R3," "M1" and •'M2" residential districts. Jeffersonville's Plan Commission should strive to use this district with the "C2" District to encourage a strong and stable area for commerce. The Plan Commission and Board of Zoning Appeals should not encourage "strip development", rather development in clusters which 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 the major streets, and traffic conflicts In the "Cl" District. Permitted Uses Business: Auto Sales/Services • auto body repair shop • auto parts store • auto wash (automatic and self) • oil change service (enclosed) Business: Food Sales/Service • bakery retail • convenience store (without gas pumps) • delicatessen •drive-in restaurant •drive-thru restaurant • grocery/supermarket • meat market • restaurant Business: Recreation • bar/night club (not adult entertainment) • billiard/arcade room • bowling alley • danoe/aerobics/gymnastics studio • theater, indoor (not adult entertainment) • video store Business: Office/Professional •bank/credit union • drive-thru bank machine/ATM • insurance office • real estate office •travel agency • office complex • professional offices Business: Personal Service • barber/beauty shop •coin laundry • child care center (day care) •drive-thru dry cleaning service •dry cleaning service •fingernail salon • shoe repair • tailor/pressing shop •tanning salon Business: Retail •antique shop •apparel shop •drug store •electrical supplies • fabric shop • floor coverings •flower shop • fumiture store •garden shop •gift shop • hardware store • home electronics/appliance store • jewelry store • liquor sales • music store Permitted Uses Business: Retail (cont.) • news dealer/bookstore (not adult entertainment) • office supplies •paint store •shoe sales store •sporting goods • variety store Miscellaneous • accessory uses Special Exception Uses Business: Auto Saks/Services • auto service station Business: Food Sales/Service • convenience store (with pumps) •open, unenclosed business (farmer's market, etc.) Business: Office/Professional • contractor office • landscape business Business: Recreation • lodge or private club • miniature golf • public dodos • theater, outdoor (not adult entertainment) Business: Retail • kennel (commercial) • satellite dish sales/servioe Communication/Utilities •telecommunication facility 4.14 Jeffersonville Zoning Ordinance Page 5 of 6 PC -14-09: Kehoe Lane "R3" District 3.7 "R3" Dlstrict Intent, Permitted Uses, and Special Exception Uses District Intent The "R3" (Old City Residential) District is intended to provide a land use category for small lots and small -sized single family detached homes. The provisions that regulate this land use district should protect, maintain and promote where poaslb$e the "old city residential character" In Jeffersonville. Jeffersonville's Plan Commission and Board of Zoning Appeals, should strive to protect this district from business encroachment, conflicting land uses, and non - family oriented businesses. The Man Commission and Board of Zoning Appiats should strive to promote ail svetti{t(1 OMdehetty of 7 to II dddweilltig uniti r acre community -wide Ih the R3" district. Permitted Uses Residential • child care home (owner -occupied) •dwelling, single family • residential facility for developmentally disabled (4 bedrooms or less) • residential facility for mentally ill (4 bedrooms or less) Miscellaneous •accessory uses • home occupation #1 Special Exception Uses Residential • bed and breakfast facility • boarding house (owner -occupied) • dwelling, two-family • residential facility for developmentally disabled (over 4 bedrooms) Business: Personal Service • child care center (day care) InstitutlonaUPublic Facilities • public park/recreational center • church, temple, or mosque Communication/Udiity • public weN • telecommunication facility Miscellaneous • home occupation #2 3-8 Jeffersonville Zoning Ordinance Page 6 of 6 PC -14-09: Kehoe Lane Google Maps Google https://www.google.com/maps/preview?f=d&source=newuser-ws&... Drive 76.6 mi, 1 h 16 min Directions from Jeffersonville, IN to French Lick Sprng Resort & Spa Mom. Stets Go€ 0 Jeffersonville, IN Get on 1-65 S 0.9 mi / 3 min t 1. Head southeast on Watt St toward E Court Ave 256 ft r. 2. Take the 1st right onto E Court Ave 0.7 mi A 3. Slight right to merge onto 1-65 S 0.2 mi Follow 1-64 W to IN -37 N in Oil. Take exit 79 from 1-64 W 51.2mi/46min 1 of 2 4/1/2014 11:33 AM Google Maps A 4. Merge onto 1-65 S 0 Entering Kentucky 0.8 mi 5. Take exit 137 to merge onto 1-64 W toward St Louis Entering Indiana 50.0 mi r 6. Take exit 79 for IN -37 S toward Tell City 0.3 mi i� 7. Keep right at the fork, follow signs for French Lick/Patoka Lake and merge onto IN -37 N 121 ft Follow IN -37 N and IN -145 N to Indiana Ave in French Lick 24.5 mi / 26 min A 8. Merge onto IN -37 N 7.0 mi t 9. Continue onto Hwy 64 W/IN-64 W/Rte 64 W/State 64 W/State Rte 64 W it 10. Continue onto IN -145 N 1.1 mi 16.2 mi *I 11. Turn left onto Indiana Ave 0 Destination will be on the right 0.2 mi 0 French Lick Sprng Resort & Spa 8670SW Indiana 56, French Lick, IN 47432 https://www.google.com/maps/preview?f=d&source=newuser-ws&... These directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause conditions to differ from the map results, and you should plan your route accordingly. You must obey all signs or notices regarding your route. Map data ©2014 Google 2 of 2 4/1/2014 11:33 AM 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 1014 KEHOE LANE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C 1 TO R3 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1014 KEHOE LANE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Cl TO R3 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 1014 Kehoe Lane and fully described in Exhibit A from Cl -Small to Medium General Commercial to R3 -Old City Residential. A public hearing will be held on April 7, 2014 at 7:00 p.m. 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 City Attorney Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423