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HomeMy WebLinkAbout2016-OR-64 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2019-OR- (f1 / AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 300 WEST MAPLE STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M1 TO DC Whereas,Weis Properties, LLC(Scott Weis) filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 300 West Maple Street and fully described in the attached Exhibit A from M1-Low Density Multi- Family Residential to DC-Downtown Commercial and, Whereas, on October 29, 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 November 4, 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 300 West Maple Street and fully described in the attached Exhibit A is hereby changed from M1-Low Density Multi-Family Residential to DC-Downtown 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. pg-04-0 SO ORDAINED this 4th day of November, 2019. Common Council of the City of Jeffersonville, Indiana VO7FOR: VOTED AGAINST: . , #01,SAF Mrallpill 4.0101Z„Pr& Ed Zastaw , President A7-EST: Vicki Conlin City Clerk Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF: Weis Properties, LLC. (Scott Weis: Applicant) TO REZONE CERTAIN TRACT: 300 W. Maple St. FROM: M1 (Low Density Multi-family Residential) to DC (Downtown Commercial) CERTIFICATIONO AVORABLE/ FAVORABLE/NO RECOMMENDATION OSED ORDINANCE Whereas, Weis Properties, LLC. (Scott Weis: Applicant) filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from M1 to DC; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on October 29, 2019 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 October 29, 2019, the Jeffersonville Plan Commission (circle one): avorably Recommend / UnfavorablyRecommends/ Provides NO Recommendation that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from M1 to DC as requested in the petition of Weis Properties, LLC. (Scott Weis: Applicant) So certified this 29th day of October, 2019. LALLIOZ inktablt_ Chairman r y IDPlanning Commission Staff Report --: October 29, 2019 1/,®`' o * Case No: PC-19-61 LI ri,��',,, Location: 300 W. Maple St. Applicant: Scott Weis °%4% Request: Rezoning Proposed Use: Restaurant 4S0 Council District: 1 —Dustin White Request , 41 ‘-•')'--- - . ` Rezone property from M1 (Old City Residential) to DC \ '� (Downtown Commercial) "' ', "� Case Summary � ' � '�� � i .. The applicant requests a rezoning for a 1/2 acre vacant , v, parcel in Downtown. The property is currently zoned for multi-family, but the Applicant plans to develop the .**,,,, 1- #; yX parcel as a sit-down restaurant. They are, therefore, / ; . - 4. requesting to rezone the property to DC (Downtown Commercial). . , Staff Finding/Opinion This site is perhaps one of the most prominent, undeveloped parcels in Downtown at this time. It will be important to develop it in a manner that furthers walkability and overall quality of life in the area. The proposed DC zoning is the best way to ensure that type of development occurs. The rezoning meets the intent of the Comprehensive Plan and is highly consistent with other recent development in the area. 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 a FAVORABLE recommendation, UNFAVORABLE recommendation, or NO recommendation Page 1 of 5 PC-19-61 Staff Analysis for Change in Zoning The following is a summaryof staffs analysis of the proposed rezoning as it relates to the land use and development policies of the Comprehensive Plan and Zoning Ordinance: Comprehensive Plan and Planning Districts The property to be rezoned falls within the mixed-use commercial/Residential classification in the Future Land Use Map shown below. The proposed DC zoning designation for this property specifically allows for a mix of commercial and residential land uses and, therefore, is consistent with the future land use map. Legend Put Icilnstitutlonal Recreation/Open Space Light Industrial Subject '. Heavy lndustnal Property MEMBusiness Parkllntlustnal Single Family Residential Multi-Family Residential -Residential -Mixed-Use-Com/Res -Commercial ICity Limits Road Future Land Use Plan On the Comprehensive Plan's Planning Districts Map, the property to be rezoned falls within the Traditional Neighborhood/Workplace zoning district. This site is located at the conjunction of this district with two others: Primary Gateway and Downtown Historic District. 144 El F} ' Y, LOs' =, 3'a Subject A a a 3 Property "• {` , Tt 4 Y.. Planning Districts Map Page 2 of 5 PC-19-61 The following are descriptions of these planning districts 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. Primary Gateways Primary gateway features can delineate and announce one's arrival into a city, neighborhood, or unique public space. These gateway features not only shape a visitor's first impression of the city, but can also reflect the unique features and character of Jeffersonville. Context sensitive enhancements and broad infill redevelopment guidelines to gateway corridors and adjacent buildings should be identified and recommended. Downtown Historic District This district is comprised of predominately office, commercial, civic, high-density residential and cultural land uses. It has a grid pattern of streets designed to accommodate a large volume of vehicular traffic and public transportation. There are provisions for on-street and long-term parking of vehicles and for substantial pedestrian and non-vehicular movement within the district. Buildings are generally the greatest in volume and density in the metropolitan area, and there is public open space including plazas and squares. The Downtown Historic District should give identity to the whole community and should provide fora mixture of high density and intensity uses. The proposed DC zoning allows a mix of commercial and residential uses that is consistent with the Traditional Neighborhood/Workplace district. It is also consistent with the adjacent planning districts Current Zoning r The subject property is currently zoned M1 (Low Density - _\. = ` Multi-Family). This district that only allows residential : '' 1,44,44 construction. The applicant's desire to develop the vacant • lot into a restaurant requires a zoning change. ° The property is surrounded by a number of properties with � differing zoning classifications including DC (Downtown Commercial), HC (Highway Commercial) and another M1 • t° property. There are R3 (Old City Residential) properties nearby. The image to the right illustrates the zoning within the area. = The proposed DC zoning is a logical extension of the existing DC zoned parcels fronting Big Four Station. Subject + Property Additional Notes: • None Zoning Map Attachments 1. M1 District Intent 2. DC District Intent Page 3 of 5 PC-19-61 M1 District 3.9 M1 District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"M1"(Low Density Multifamily Residential Institutional/Public Facilities Residential)District is intended to •child care home •church,temple,or mosque provide a land use category for •dwelling,multifamily(duplex) Miscellaneous Use small-scale multifamily residential •dwelling,multifamily(3 to 4 units) •home occupation#1 (i.e.duplex,triplex,and quadplex). •dwelling,single-family The provisions that regulate this •residential facility ess for developmentally disabled zoning district allow a limited mix of (4 bedrooms or ) residential uses and up to two primary •residential facility for mentally ill(4 bedrooms structure per lot. or less) The"M1"district is applicable to new Miscellaneous Use and existing opmentsdevel •accessory uses , •small in area,and development standards that recognize multifamily development requires more stringent development standards to protect the quality of life of tenants leffersonville's Plan Commission and Board of Zoning Appeals should use this district for existing developments and carefully for new residential developments. A special exception use should be granted only when a development is clearly comparable to the intent and standards of this district. 3-10 Jeffersonville Zoning Ordinance Page 4 of 5 PC-19-61 "DC" District 4.9 DC District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Permitted Uses The 9:)C.(Downtown Commercial) •Bed and Breakfast •Flower Shop District is intended to provide a land •Hotel •Furniture Store/Upholstery Repair use category for normal camerae! •Museum •Gift Shop uses in the downtown.The provisions •Print Shop/Copy Center/Book •Hardware Store that regulate this land use district Binding/Lithograph •Jewelry Store should make the district compatible Btrs6ress:patsami service •Music Store with the R3,M1 and M2 residential •Barber/Beauty Shop •News Dealer/Bookstore(not adult districts,and OC and C1 commercial •Child Care(Day Care) entertainment) districts. •Fitness Center •Office Supplies Jeffersonville's Plan Commission •Health Spa •Paint Store should strive to use this district only •Shoe Repair •Shoe Store in the historic downtown area and its •Tailor/Pressing Shop •Sporting Goods Store immediate surroundings. Baldness:Olfloe/Professions Petitions in the DC district may •Architecture/Planning/Design Firm Special EXCe be subject to the Historic District •Bank/Credit Union P pilon Uses Ordinance and the Historic District •Consulting Firm Residential Guidelines. •Insurance Office •Boarding House(Owner occupied) •Investment Firm Institutonal/PublicFacilities The Plan Commission and Board •Medical/Dentsl Center •Church,Temple,or Mosque of Zoning Appeals should strive •Photography Studio •Community Center to minimize parking lots in front •Professional Office •Government Office of or between buildings,rather, •Reading Clinic •Library encouraging parking behind buildings •Real Estate office •Police/Fire Station and on the street •Secretarial Service •Post Office •Service Organization Offices •Public Park/Recreation Center •Temporary serviceagency •Public Private Parking Area •Title Company Business:Food Sales/Serdce •Travel Agency •Convenience Store(no gas pumps) Business:Recreation Business:Office/Professional Permitted Uses •Billiard/Arcade Room •Drive Thru Bank/Credit Union Residential(upper floors only) •Bowling Alley •Drive Thru Bank Machine/ATM •Dwelling (up er ily •Dance Aerobics/Gymnastics studio Business:Personal Service •Dwelling Two-family •Entertainment Venue(e.g indoor •Coin Laundry •Dwelling multi-family • paint-ball;laser tag etc.) •Dry Cleaning Service(Drop off) B usiness:Food Sales/Berrie* •Theater, Indoore Club •Dry Cleaning Service(Drive Thru) •Theater, (not adult entertaint) •Bakery,retail •Video Store •Nail Salon •Coffee Shop Business:Retail •Tattoo/PierangShop •Delicatessen •Antique Shop BusinessRecreation •Farmers Market •Apparel Shop •Karate Studio •Grocery •Art Gallery •Night Club(not adult entertainment) •Ice Cream Shop •Arts/Crafts Studio Business:Retail •Meat Market •Beer/Wine/Liquor Shop •Consignment Store •Microbrewery/Microdistillery(size •Department Store mtari /Utilities limits on production area) •Drug Store •Telecommunications Facility •Pubs •Exposition aneoue •Restaurant •Fabric Shop Hall �1 •Home Occupation#1 B usiness:General •Assisted Living Facility 4-10 Jeffersonville Zoning Ordinance Page 5 of 5 PC-19-61 CITY Q F JEFFERSUNVILLE DEPARTMENT OF LAW ',!°: Les Merkley, Corporation Counsel/Director of Legal Affairs • 812-285-6493 office _,. 812-285-6403 fax www.cityofjeff.net 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 300 WEST MAPLE STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM M1 TO DC NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 300 WEST MAPLE STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Ml-LOW DENSITY MULTI-FAMILY RESIDENTIAL TO DC DOWNTOWN 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 300 West Maple Street and fully described in Exhibit A from M1-Low Density Multi-Family Residential to DC- Downtown Commercial. A public hearing will be held November 4,2019 at 7:00 pm in the City Council Chambers, ISt 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 An equal opportunity employer.