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HomeMy WebLinkAbout2019-OR-37 3712 HOLMANS LANE STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2019-OR- 7 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 3712 HOLMANS LANE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1 TO OC Whereas, Jeffrey Hartfield, filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 3712 Holmans Lane and fully described in the attached Exhibit A from R1-Single Family Residential to OC- Office Commercial and, Whereas, on July 23, 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 August 5, 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 3712 Holmans Lane and fully described in the attached Exhibit A is hereby changed from R1-Single Family Residential to OC-Office Commercial. 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 5th day of August, 2019. Common Council of the City of Jeffersonville, Indiana VOTED F* I. VOTED AGAINST: ll�� gAzir Aro' AWrfiro• Clad _ ffpAqi .mow dm" - Ed Zastawny, P esident Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said Ci y of Jeffers' ville thi 25th day of August, 2019. Vicki Conlin City Clerk J This Ordinance approved and signed by me this-Sth day of August, 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 3712 Holmans Ln FROM R1 (Single Family Residential)to OC(Office Commercial) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Jeff Hartfield filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from R1 to 00 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on July 23, 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 July 23, 2019 , the Jeffersonville Plan Commission Favorably Recommends that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from R1 to OC as requested in the petition of Jeff Hartfield . So certified this 23 day of July , 20 19 . YZI,Z. /// /,___f__ Chairman 6,T--.'; STAFF REPORT W/ •;:,ni" , � Department of Planning & Zoning — Plan Commission Case Number: PC-19-34 Petitioner: Jeffrey Hartfield Location: 3712 Holmans Lane Request: Rezoning Proposed Use: Office Zoning: R1 (Low Density Residential) to OC (Office Commercial) Council District: 4 — Scottie Maples Date: July 23, 2019 Rezoning Request The applicant filed a rezoning application for an approximately 1.24 acre property located at 3712 Holmans Lane. The current zoning is R1 (Low Density Residential). Figure 1 shows the location of the subject property. t fs; .1 e. % ,/ 1 � z !r +� Subject Property 4it y yyA r Xi. ..§ r •, \,,.' • I. `yet, ' \ l',' \ .f At , , ..# fi, it • J'' 'fi, 40 '' ' "... ' ' ,it ♦� a S.1 If" M it V4,1 j )/- '-i'' 14114 Ar :ii,%:1.41‘:1)';'''' '' ''.' 1 Itte i * A'-... XI ' *-'t 54' Figure 1: Site Location 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. Page 1 of 6 PC-19-34 3712 Holmans Ln Rezoning Comprehensive Plan and Planning Districts The property to be rezoned falls within the Mixed-Residential zoning classification in the Future Land Use Map shown below in Figure 2. Legend Pu blici l nstitutional 11 Recreation/Open Space 11°./ Light Industrial III Heavy Industrial ElBusiness Park;Industrial �." Single Family Residential 1# :l , Multi-Family Residential Mixed-Residential - Mixed-Use-ComiRes ® Commercial City Limits Road Figure 2: Future Land Use Plan The Mixed Residential zoning classification (added in 2017) denotes areas of the City that, due to their location could potentially be developed either as single family or multifamily housing or a blend of the two in a single development. The site is, however, immediately adjacent to parcels designated as Mixed Use. As such, it could be seen as an extension of this future land use as well. The following description of Mixed Use is from the Comprehensive Plan. Mixed-Use 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. Page 2 of 6 PC-19-34 3712 Holmans Ln Rezoning Comprehensive Plan and Planning Districts — Cont. On the Comprehensive plan's "Planning Districts Map," the property to be rezoned falls within the "Suburban Neighborhood" district as shown in Figure 3 below. Properties immediately adjacent to the site fall into the "Suburban Marketplace" district. Legend Primary Gateways Suburban Neighborhood Traditional Neighborhood/Workplace Suburban Workplace e ... 1111 p, Suburban Marketplace a41 s� Traditional Marketplace Regional Marketplace Center Downtown Historic District Figure 3: Planning Districts Map As planning districts can be seen as flexible along the edges, this property could be seen as falling into either of these categories. Given its location along Holmans Lane, a major and expanding roadway, this designation might be more applicable. The following are descriptions of these districts from the Comprehensive Plan. Suburban Neighborhoods These neighborhoods are typically characterized by a range of low to moderately dense residential uses that blend compatibly into the existing landscape and neighborhood areas. High-density uses will be limited in scope to minor or major arterials and to areas that have limited impact on the low to moderately dense residential areas. The Suburban Neighborhoods district will contain diverse housing choices for differing ages and incomes. Suburban Marketplace Suburban Marketplace Corridors are generally located along major roadways with well- defined beginning and ending points and established depths along the length of the corridor. The pattern of development is distinguished by a mixture of medium to high intensity commercial uses and often contain larger-scaled uses within a master planned development. Page 3 of 6 PC-19-34 3712 Holmans Ln Rezoning Current Zoning The subject property is zoned R1 (Low Density Residential). The proposal is to rezone the parcel to OC (Office Commercial) to accommodate the applicant's personal financial planning and insurance firm, Denim & Diamonds Financial Solutions. All adjacent properties are either R1 or R2, but there are other commercially zoned properties in the immediate area and a legally non-conforming chiropractic office is operated out of a nearby, similar home. Figure 2 illustrates the zoning within the area. t °f AN Subject Property D cervi L I ` \I \- Chiropractic Office : x ,_ A S. ih 1 \ , Figure 4: Zoning Map Attached Plans & Documents: 1. R1 District Intent 2. 00 District Intent 3. Applicant's Rezoning Exhibit Page 4 of 6 PC-19-34 3712 Holmans Ln Rezoning "R1" District 3.3 "R1"District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"R1"(Low Density Residential) Residential Residential District is intended to provide a •child care home(owner-occupied) •residential facility for developmentally land use category for medium lots •dwelling,single family disabled(over 4 bedrooms) and medium-sized single family •residential facility for developmentally Business:Recreation detached homes. The provisions disabled(4 bedrooms or less) •golf course that regulate this land use district •residential facility for mentally ill Institutional/Public Facilities should protect,promote and maintain areas in Jeffersonville for (4 bedrooms or less) •public park/recreational center existing and future housing growth. Miscellaneous •church,temple,or mosque •accessory uses Comm unication/Utility Jeffersonville's Plan Commission •home occupation#1 •public well and Board of Zoning Appeals •telecommunication facility should strive to protect this district Miscellaneous from conflicting land uses,and •artificial lake or pond over one(1)-acre non-family oriented businesses. in size •home occupation#2 The Plan Commission and Board of Zoning Appeals should strive to promote an average net density of 3 to 4 dwelling units per acre community-wide in the"R1"district. 3-4 Jeffersonville Zoning Ordinance Page 5 of 6 PC-19-34 3712 Holmans Ln Rezoning "OC" District 4.7 "OC"District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"OC"(Office Commercial) Institutional/Public Facilities Residential District is intended to provide a land •drug/alcohol rehabilitation clinic •dwelling,single-family(upper floors) use category for low impact office Business:OfficelProfessional •dwelling,two-family(upper floors) commercial uses. The provisions •architecture firm •dwelling,multifamily(upper floors) that regulate this land use district •bank/credit union Institutional/Public Facilities should make the district compatible •bank machine/ATM •church,temple or mosque with residential districts.This district can be used as a buffer •design services •community center between any residential district •insurance office •government office and high impact or conflicting land •investment firm •library uses. •consuting firm •police/fire station •medicaVdental clinic •post office Jeffersonville's Plan Commission •planning firm •public park/recreation center should strive to use this district •professional office •school where office uses are to be •reading clinic Business:Food Sales/Service encouraged. •real estate office •restaurant The Plan Commission and •employment service Business:Office/Professional Board of Zoning Appeals should •service organization office •contractor office(no outdoor storage) strive to minimize the impacts •temporary service agency •drive-thru bank machine/ATM of lighting,parking lots,traffic •title company •drive-thru bank/credit union generation,traffic conflicts,and •travel agency •veterinarian office/hospital noise generation on neighboring Business:General Business Business:Personal Service residential uses. •print shop/copy center •child care center(day care) Business:Personal Service •fitness center/gym •barber/beauty shop •health spa Miscellaneous Communication/Utilities •accessory uses •telecommunication facility Miscellaneous •home occupation#1 •recycling collection point 4-8 Jeffersonville Zoning Ordinance Page 6 of 6 PC-19-34 3712 Holmans Ln Rezoning CITY OF JEFFERSONVILLE DEPARTMENT OF LAW CS -,-Z\- Les Merkley, Corporation Counsel/Director of Legal Affairs d/ `�4n? ,, O\ 812-285-6493 office - �)W 812-285-6403 fax /-I www.cityofjeff.net T Jw FRS 014 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 3712 HOLMANS LANE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM RI to OC NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 3712 HOLMANS LANE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM RI-SINGLE FAMILY RESIDENTIAL TO OC-OFFICE COMMERCIAL 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 3712 Holmans Lane as recommended by the Plan Commission from R1-Single Family Residential to OC-Office Commercial. A public hearing will be held on August 5, 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 matter set out in said ordinance. __51,91611?c Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 An equal opportunity employer.