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HomeMy WebLinkAbout2019-OR-17 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2019-OR- 12 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1805-1807 EAST 8TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Cl AND R2 to IS Whereas, Thomas Kalonji for the Early Church of Yeshua Ha Mashyah, Inc, filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 1805-1807 East 8th Street and fully described in the attached Exhibit A from Cl-Small to Medium Scale General Commercial and R2-Single Family Residential to IS- Institutional and, Whereas, on April 30, 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 May 6, 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 1805-1807 East 8th Street and fully described in the attached Exhibit A is hereby changed from Cl-Small to Medium Scale General Commercial and R2-Single Family Residential to IS-Institutional. 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, 2019. ao► 9 -oR-/9 Common Council of the City of Jeffersonville, Indiana VOTED IR� VOTED AGAINST: b AllOrr d' ` IL-4 - ' res'ent A ,T: / Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this th day May,Ma , 2019. 1:L0-A4: Ce-) L---2 Vicki Conlin City Clerk This Ordinance approved and signed by me this, th day of May 2019. / Mike Moore, Mayor Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF TO REZONE A CERTAIN TRACT 1805-1807 E 8th St FROM Cl (Small to Medium Scale General Commerical)& R2 (Single Family Residential)to IS(Institutional) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Thomas Kalonji t Whereas,The Ea ly Church of Yeshua Ha Mashyah,Ingiled a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from Cl & R2 to IS ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on April 30, 2019 ; 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, 2019 , the Jeffersonville Plan Commission Favorably Recommends that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from Cl & R2 to IS as requested in the petition of Thomas Kalonji for The Early Church of Yeshua Ha Mashyah, Inc So certified this 26 day of March , 20 19 Chairman 'G' Q�F `t STAFF REPORT ,81IL ---- _LS Department of Planning & Zoning — Plan Commission `SIS% Case Number: PC-19-11 Petitioner: Thomas Kalonji for The Early Church of Yeshua Ha Mashyah, Inc Location: 1805-1807 E 8th St Request: Rezoning Proposed Use: Institutional Zoning: R2 (Single-family Residential) and Cl (Small to Medium Scale Commercial Council District: 1 - Dustin White Date: April 30, 2019 Rezoning Request The applicant filed a rezoning application for approximately 10.1 acres parcel of property located at 1805-1807 E 8th St. The current zoning is R2 (Single-family Residential) and Cl (Small to Medium Scale Commercial) and the proposed zoning is IS (Institutional). Churches are permitted to operate in any zoning district. The applicant plans to have church related administrative office space in one of the buildings, which necessitates the rezoning. Figure 1 shows the location of the subject properties. coC '1-. ; /am 41. ` f ag ,. t4 Subject Properties ,-P• x tom.. p� r • = '1 : t 47W C9C \ l� F.,/ AN r , ,,,,i 4c 4,11,,. , . ,,,,..., /4 - 4 - a ,y J A .. s' � i L te t-47 N 11/4, * : 1 r' .:�1 ot.A, ( {R yam` `} x •c '"'` 1 `l6 s. r ;It,:. �• Q '4,,4*A - . .'66.`tt \'`,/ "i -, . ,e„r-etf,'4.7.4.e': - .•;- ' • . `, i«' • ` t 0 y.« to ` Figure 1: Site Location Page 1 of 7 PC-19-11 1805-1807 E 8th St Rezoning Zoning Change Procedure The Jeffersonville Zoning Ordinance and Indiana State Statute IC 36-7-4-603 outlines that the following should 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. Comprehensive Plan and Planning Districts Legend PuhiNMstltudnnal RrcrcatianlDpen Space t Light Industrial - Heavy htdustrlal 0 IN Business Park/Industrial SIii a Family Residential 1 Multi-Fundy Residentlai Mixed-R esidential IIIIMixed-Use•Cam/Res Commercial EDCity Louts Road Figure 2: Future Land Use Plan Single Family Residential This residential is classified as detached single-family residential development in both the traditional street network and suburban street network. This classification also encourages supported uses such as religious facilities. Single family dwellings are the predominant land use throughout all parts of Jeffersonville. This use occupies the majority of the total developed land. Jeffersonville will need additional single family units to accommodate future growth. Currently the dwellings range from older houses on relatively small lots in the central part of Jeffersonville to newer developed subdivisions along both the Charlestown Pike and Utica-Sellersburg Road Corridors. New single family housing areas will be limited by the amount of available space and the adequate transition from adjacent incompatible uses. Page 2 of 7 PC-19-11 1805-1807 E 8th St Rezoning Legend Primary Gateways Suburban Neighborhood Traditional Neighborhood/Workplace Suburban Workplace Suburban Marketplace Traditional Marketplace Regional Marketplace Center Downtown Historic District Figure 3: Planning Districts Map Traditional Neighborhoods This form is characterized by predominately residential uses, by a grid pattern of streets with sidewalks and often including an alley. Residential lots are predominately narrow and often deep, but the neighborhood may contain sections of larger estate lots, and also sections of lots on which appropriately integrated higher density residential uses may be located. The higher density uses are encouraged to be located in centers or near parks and open spaces having sufficient carrying capacity. Traditional Workplace A Traditional Workplace is a form characterized by predominately small to medium scaled industrial and employment uses. The streets are typically narrow, in a grid pattern and often have alleys. Buildings have little or no setback from the street. Traditional workplaces are often closely integrated with residential areas and allow for a mixture of industrial, commercial and office uses. New housing opportunities should be allowed as well as civic and community uses. Zoning Properties to the West and South across 8th St are zoned R2 (Single-family Residential). Property to the East across Colonial Park Dr are zoned Cl (Small to Medium Small Scale General Commercial). To the North, properties are zoned R2 (Single-family Residential) and M1 (Multi-family Residential). Other properties in the vicinity are zoned IS (Institutional). Figure 4 illustrates the zoning within the vicinity. Page 3 of 7 PC-19-11 1805-1807 E 8'h St Rezoning -� o / Subject Properties %v M l �v `, / R l&C l Cl .� 1 ; v ) / \ ' „14, k \ �: '� ,. �. /Arl' \• ., iia `, '.'\ ,,e r ,<R y'/ fir} , X 1 �y ,. j•� {', f 11-Nit, , * \'''' / fig!. fi` \ , / ,. x' ..._ Figure 4: Zoning Map Attached Plans & Documents: 1. R2 District Intent 2. Cl District Intent 3. IS District Intent Page 4 of 7 PC-19-11 1805-1807 E 8th St Rezoning "R2" District 3.5 ••R2"District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"R2"(Medium Density Residential Residential Residential)District is intended •child care home(owner-occupied) •bed and breakfast to provide a land use category •dwelling,single family •residential facility for developmentally for medium lots and small-sized •residential facility for developmentally disabled(over 4 bedrooms) single family detached homes. The disabled(4 bedrooms or less) Business:Recreation provisions that regulate this land •residential facility for mentally ill •golf course use district should protect,promote (4 bedrooms or less) Business:Personal Service and maintain areas in Jeffersonville for existing and future housing Miscellaneous •child care center(day care) growth. •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 conflicting land uses,and •telecommunication facility non-family oriented businesses. Miscellaneous The Plan Commission and Board of •home occupation#2 Zoning Appeals should also strive to promote an average net density of 4 to 6 dwelling units per acre community-wide in the "R2"district. Miscellaneous Standards Incentives •Developments of five(5)acres or more may reduce the minimum lot area under certain parameters as outlined in Article Nine of this Ordinance. Process •Developments requesting incentives (above)require development plan review as defined in Article 9 of this Ordinance. 3-6 Jeffersonville Zoning Ordinance Page 5 of 7 PC-19-11 1805-1807 E 8th St Rezoning "C1" District 4.13 Cl District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Permitted Uses The"Ci"(Small to Medium Scale Business:Food Sales/Service •liquor sales General Commercial)District is •bakery retail •music store intended to provide a land use •convienence Store(no gas pumps) •news dealer/bookstore(not adult category for most small scale general •delicatessen entertain't) business uses.The provisions that •drive-in restaurant •office supplies regulate this land use district should •drive-thru restaurant •paint store not overly restrict normal business •grocery/supermarket •shoe sales store practices.This district can be used •meat market •sporting goods store adjacent to all other commercial •restaurant •variety store districts and the R3,Ml,and M2 Business:Office/Professional Miscellaneous residential districts. •bank/credit union •accessory uses Jeffersonville's Plan Commission and •drive-through bank machine/ATM Board of Zoning Appeals should strive •insurance office to use this district with the C2 District •real estate office to encourage a strong and stable •travel agency area for commerce. •office complex Special Exception Uses The Plan Commission and Board •Professional offices Business Auto Sales/Services of Zoning Appeals should not Business:Personal Service •auto body repair encourage"strip development," •barber/beauty Shop •auto mechanical repair rather development in clusters that •coin laundry •auto rental share resources and minimize the •child care center(day,care) •drive-thru dry-cleaning service •oil change service cost of public utilities and services. •auto wash The Plan Commission and Board of •dry cleaning service •fingernail salon •filling/gas station Zoning Appeals should also strive to Business:Food Sales/Service minimize lighting,parking lots fronting •shoe repair major streets,and traffic conflicts in •tailor pressing shop •convienience store(with gas pumps) • •tanning salon •open unenclosed business(farmer's the Cl District market,etc.) Business:Recreation •bar/night club(not adult entertain't) Business:Office/Professional •billiard/arcade room •contractor office •bowling alley •landscape business •dance/aerobics/gymnastics studio Business:Recreation •theater,indoor(not adult entertain't) •lodge or private club •video store(not adult entertain't) •miniature golf Business:Retail •public docks •antique shop •theater,outdoor(not adult entertain`[) •apparel shop Business:Retail •drug store •satellite dish sales/service •electrical supplies •kennel(commercial) Permitted Uses •fabric shop Communications/Utilities •floor coverings •telecommunication facility Business Auto Sales/Services •flower shop •auto parts sales •furniture store •auto accessory installation •garden shop •gift shop •hardware store •home electronics/appliance store •jewelry store 4-14 Jeffersonville Zoning Ordinance Page 6 of 7 PC-19-11 1805-1807 E 8'h St Rezoning "IS" District 4.1 NI District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The IS (Institutional Uses)District institutlonal/Public Facilities Residential is intended to provide a land use •community center •child care institution(children's category for institutionally owned •church,temple or mosque home) lands,including state,county,and •government building •nursing home city facilities.The IS district is also •library •residential facility for the intended for social service oriented •museum developmentally disabled(large) uses,and similar non-profit or quasi- •police/fire station •residential facility for the mentally ill public institutions where the use is for •post office Institutional/Public Facilites public purpose and is anticipated to •public/private parking area •cemetery or crematorium remain so permanently. •school •drug/alcohol rehab clinic The Plan Commission and Board of •trade/business school •hospital Zoning Appeals should encourage Business:General Business •public park/recreation center institutional structures and uses •funeral home or mortuary •recycling collection point to set a standard for development Business:Personal Service Business:Auto Sales/Services throughout the planning jurisdiction. •child care(day care) •motor bus station •institutional fleet storage(open air) Business:General Business •airport •helipad or heliport •light rail station •motor-bus station •railroad station Comm unication/Utilities •public wells •sewage treatment plant •telecommunications facility •telphone exchange •utility substation 4-2 Jeffersonville Zoning Ordinance Page 7 of 7 PC-19-11 1805-1807 E 8th St Rezoning CITY OF JEFFERSONVILLE DEPARTMENT OF LAW �Ty Les Merkley, Corporation Counsel/Director of Legal Affairs 7e: �������� 812-285-6493 office - Q49d Ili 812-285-6403 fax 1\,p -/ www.cityofjeff.net FRSONJ 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 1805-1807 EAST 8TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Cl & R2 TO IS NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1805- 1807 EAST 8TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Cl-SMALL TO MEDIUM SCALE GENERAL COMMERCIAL AND R2-SINGLE FAMILY RESIDENTIAL TO IS-INSTITUTIONAL 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 1805-1807 East 8th Street and fully described in Exhibit A from Cl-Small to Medium Scale General Commercial and R2- Single Family Residential to IS-Institutional. A public hearing will be held on May 6, 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