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HomeMy WebLinkAbout2019-OR-29 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2019-OR- ;2 AN ORDINANCE TO AMEND THE JEFFERSONVILLE ZONING ORDINANCE (2000-OR-61) APPROVING UPDATES TO R1 AND R3 DEVELOPMENT STANDARDS AS RECOMMENDED IN THE STAFF REPORT (A COPY OF WHICH IS ATTACHED AS EXHIBIT "A") Whereas, THE JEFFERSONVILLE DEPARTMENT OF PLANNING AND ZONING, filed a petition before the Jeffersonville Plan Commission to amend the Jeffersonville Zoning Ordinance (2000-OR-61) approving updates to R1 and R3 Development Standards as recommended in the staff report (a copy of which is attached as exhibit "A") and, Whereas, on June 25, 2019 the Jeffersonville Plan Commission has certified its favorable recommendation of the enactment of this proposed zoning ordinance amendment 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 zoning ordinance amendment 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 zoning ordinance amendment at the regular meeting scheduled for July 1, 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 Jeffersonville Zoning Ordinance (2000-OR-61) has been Amended to approve updates to R1 and R3 Development Standards as recommended in the staff report. This ordinance shall be in full force and effect upon its adoption. SO ORDAINED this 15t day of July, 2019. aoi9-DR-a9 Common Council of the City of Jeffersonville, Indiana VOTED F I' ',0 VOTED AGAINST: v d //, - 1 . ir . , feerilflfr MP . wa 1. .,.., .. tt)„..A Aff L.- 4 I Ed Zastawny,y-sident ST:Z1:-.VA: 4v<t L Vicki Conlin City Clerk --E- Presented Presented to me as Clerk to the Mayor of said City of Jeffe sonville this st day of July, 2019. Th-1.- 4 Vicki Conlin City Clerk This Ordinance approved and signed by me this 1St day of July, 2019. Mike Moore, Mayor Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN THE APPLICATION OF Jeffersonville Department of Planning & Zoning TO AMEND THE JEFFERSONVILLE ZONING ORDINANCE CERTIFICATION OF FAVORABLE RECOMMENDATION OF PROPOSED ORDINANCE REVISION Whereas, the Jeffersonville Department of Planning & Zoning filed a petition before the Jeffersonville Plan Commission to amend the City of Jeffersonville Zoning Ordinance (2000-OR-61), approving updates to R1i 'R3 Development Standards as recommended in the staff report (a copy of which is attached as Exhibit "A"); and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on June 25, 2019 and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to favorably recommend the proposed amendment to the Jeffersonville Common Council, IT IS THEREFORE CERTIFIED that on June 25, 2019, the Jeffersonville Plan Commission favorably recommends that the Jeffersonville Common Council enact by ordinance the proposed Jeffersonville Zoning Ordinance amendment as requested in the petition of Jeffersonville Department of Planning & Zoning. So certified this 25 day of June, 2019. Chairman /GST OF - �\ STAFF REPORT 14. �� ���/ Department of Planning & Zoning — Plan Commission FRsq Case Number: ZO-19-04 Project: (R1&R3 Update) Petitioner: City of Jeffersonville, Planning & Zoning Department Requests: Zoning Ordinance Amendment Hearing Date: June 25, 2019 Proposed Changes to the Jeffersonville Zoning Ordinance The Planning & Zoning Department has recommended the following amendments to the City of Jeffersonville Zoning Ordinance. The update includes: 1. To amend the R1 District Development Standards for Side Yard Setback as highlighted in exhibit A 2. To amend the R2 District Development Standards for Side Yard Setback as highlighted in exhibit B 3. To amend the R3 District Development Standards for Side and Rear Yard Setbacks as highlighted in exhibit C R1, R2, R3 Update Overview. The update will amend Articles 3.4, 3.6, and 3.8. Article 3.4 sets the Side Yard Setback for Primary and Accessory Structures in R1 residential zones at 10% of the lot width. This "non-fixed" number causes a number of problems in practice. For example, in the same subdivision you may have 70'-wide lots and 100'-wide lots next to each other. One person gets to build their tool shed 7' from the property line, while the neighbor has to build theirs 10' away. Staff recently encountered an instance of a property where a shed needed to placed 14' from the property line (essentially in the middle of the yard). The 10% standard also gets complicated on cul-de-sacs, where lots are not square and staff has to do elaborate calculations to determine what the average width of the lot is in order to determine the setback. Planning staff requests that the standard is changed to a set of fixed numbers like all other residential districts. We specifically recomending the following: • A 6' setback for the primary structure, and • A 5' setback for all accessory structures (the same distance allowed for the rear setback and 2' greater than the setback for (smaller) R2 properties). • Changes are highlighted in Exhibit A as they will appear in the Zoning code once adopted. ZO-19-XX Article 3.6 sets the side setback for primary structures in R2 residential zones at 7'. We would like this standard to be equal to or less than the standard for R1 as the minimum lot sizes are smaller. Planning staff recomends: • Changing the setback for the primary structure to 6'-0" • Setbacks for accessory structures will remain unchanged (currently 3'). • Changes are highlighted in Exhibit B as they will appear in the Zoning code once adopted. Article 3.8 sets the Side Setback for Accessory Structures in R3 residential zones at 5'. R3 lots, by their nature, are often only 25 or 30' wide. Imposing such a large setback on small narrow lots often makes it extremely problematic for owners of R3 properties to construct an accessory structure without sacrificing their entire back yard. It seems particularly unfair since city residents who live in larger-lot R2 subdivisions only have to abide by a 3' setback. Planning staff recomends: • Implementing 2' side and rear setbacks for all accessory structures in R3 districts. • Setbacks for primary structures will not change. • Changes are highlighted in Exhibit A as they will appear in the Zoning code once adopted. Exhibit A "R1" District 3.4 "R1"District Development Standards Lot Width - i- __, r Rear Yard Lot Side IP.' Y ( Primary v_- ET,. ,ue, _ _ 1� 0 F- _P rru -Eg, . I1 0 , Property J 6I Lina T. j La . Buliding Front Yard } p, •:. Envelope Setback --Lot Frontage R.O.W. R.O.W. R.O.W. I 'caw=Pa Defined on TtvaghYra Pan R.O.W..N Definer)on Thoroughfare PlanP O.W.=N O(vrd on Thoroughfare ghfare Plan Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage: •10,000 square feet • 30 feet when adjacent to an Arterial •Square footage of all Primary and Minimum Lot Width: •25 feet when adjacent to a Local Street Accessory Structures,and impervious •70 feet Minimum Side Yard Setback: surface cannot exceed 35%of the Lot Maximum Lot Depth: •6 feet Area p per side for the Primary Structure Minimum Main Floor Area: •2.5 times the Lot Width •5 feet per side for Accessory Structure •1,500 square feet for one story Primary Minimum Lot Frontage: Minimum Rear Yard Setback: Structures,or •50 feet on a Public Street with access • 20 feet for the Primary Structure • of from said Public Street 1,e Primary0 sqfeet foer thefirst floor t • 5 feet for Accessory Structures the Structure,provided that Sewer and Water: the total Finished Floor Area is 1,500 •Requires municipal water and sewer square feet or more hookup Additional Development Standards that Apply Accessory St""t1He Lot,Yard,and Density(LY) Expressway Buffer(EB) EntrancesiDrives(ED) •LY•01 Page 7-3 •EB-01.. Page 7-24 •ED-01..........._.Page 7-45 •tower m swrro e.nw� » Height(HT) Environmental(EN) Vision Clearance(VC) •HT-01. Page 7-4 •EN-01.......... . age?-25 •VC-01 Page 47 T-_ , Accessory Structure(AS) Floodplain(FP) Telecommunication •AS-01 Page 7-55 •FP-01.........__.Page 7-27 Facilities(TC) vac Bulking ••AS-02................Page 7-6 Performance(PF) TC-01 ............. ..Page 7-48 a� Height Fences and Walls(FW} PF-01..............Page 7-30 TC-02 Page 7-51 Ill FW-01 Page 7-0 Lighting(LT) Special Exception(SE) Flat Roof Strictures Gable Roof Structures Temporary Uses(TU) •LT-01 . ._..._. Page 7.31 •5E-01 Page 7-54 (from highest ((Horn highest gable roof) •TU-01 Page 7-9 General Signs(GS) Miscellaneous(MC) section of flat roof) •TU-02.................Page 7.9 •GS-01 Page 7-32 •MC-02.............Page 7-58 Maximum Structure Height: Home Occupation(HO) Temporary Signs(TS) •MC-04 Page 7-58 •35 feet for the Primary Structure •HO-01..__. .....Page 7-10 •TS-01 . Page 7-34 •MC-06_.. .. ..Page 7-58 18 feet for Accessory Structures •H0-02 Page 7-11 Permanent Signs(PS) • Public Improvement (PI) PS-01 Page 7-35 •PI-01 Page 7-13 Parking(PK) Landscaping(LA) •PK-01 Page 7-39 •LA-01. ..Page 7-14 •PK-07....._...._Page 7-41 •LA-02. ..Page 7-15 •PK-08......_.....Page 7-43 •PK-09 Page 7-43 Article Three:Residential Zoning Districts 3-5 ZO-1 9-XX Exhibit B "R2" District 3.6 "R2"District Development Standards Lot Width - Rear Yard Setbackr r) Awes Lot c, Side ,,,, 1 Primary Z7'. Aria — Yard i—-- „ Structure ' _ Setback m ! R I [7 0 Q r, • , .. LI. _ . r� f .. ....___ 1 Properly ici tY Ij i '`6'-i Une Lot r Bulking Front Yard image i Envelepe Setback L . • F.--Lot Frontage i • - -- _. Row. R.O.W. R.OW. I r-- R.O.W. Tl =As Defined on aogfiY,Pin RO.W.=N Defined on TrovcMere Plo, R O.W.=As Defined on Tborouptiart Pin Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage: •7,500 square feet •30 feet when adjacent to an Arterial •Square footage of all Primary and Minimum Lot Width: •25 feet when adjacent to a Local Street Accessory Structures,and impervious •50 feet Minimum Side Yard Setback: surface cannot exceed 45%of the Lot Area Minimum Lot Frontage: •6 feet per side for the Primary Structure Minimum Main Floor Area: •35 feet on a Public Street with access •3 feet per side for Accessory Structures •1,200 square feet for one storyPrima from said Public Street qPrimary Sewer and Water: Minimum Rear Yard Setback: Structures;or •Requires municipal water and sewer •20 feet for the Primary Structure •900 square feet for the first floor of the hookup •3 feet for Accessory Structures Primary Structure,provided that the total Finished Floor Area is 1,200 square feet or more Additional Development Standards that Apply Accessory Structures Lot,Yard,and Density(LY) Expressway Buffer(EB) Entrances/Drives(ED) •LY-ti Page 7-3 •E8-01 Page 7-24 •ED-01 ...... .Page 7-45 m is exftnet Height(HT) Environmental(EN) Vision Clearance(VC) T ex1� •HT- 1................Page 7-4 •EN-01 Page 7-25 •VC-01 .- .. .Page 7-47 Accessory Structure(AS) Floodplain(FP) Telecommunication iiii-ii AS-OtPage 7- FP-01 _. . _ Page 7-27 Facilities(TC) ”etl eundirq AS-02. Page 7-6 Performance(PPF) •TC-01 _...... .Page 7-48 '—i 1 Mil Height Fences and Walls(F •PF-01 ...........Page 7-30 ••TC-02.............Page 7-51 •FW-of . _Page 7-8 Lighting(LT) Special Exception(SES Flat Roof Structures Gable Roof Structures Temporary Uses(1U) •LT--01.._......_..Page 7-31 •SE-01.........._Page 7-54 (from highest (from highest gable roof) •TU-01..... ._.page 7-9 General Signs(GS) Miscellaneous(MC) section of nal rod) -....... •TU-02................Page 7-9 •GS-01 Page 7-32 •MC-02 Page 7.58 Maximum Structure Height: Home Occupation(HO) Temporary Signs(TS) •MC-04..._....._Page 7.58 •35 feet for the Primary Structure •H0-01 .... Page 7-10 •TS-01 .. . Page 7-34 •MC-O6 . ...Page 7.58 •18 feet for Accessory Structures •H0-02...............Page 7-11 Permanent Signs(PS) Public Improvement (PI) •PS-01 _ Page -35 •PI-01 Page 7-13 Parking(PK) Landscaping(LA) •PK-01 ...... Page 7-39 •LA-01..... Page 7-14 •PK-07 Page 7-41 •LA-02 ....Page 7-15 •PK-08 ....._.__.Page 7-43 •PK-09 Page 7-43 Article Three:Residential Zoning Districts 3-7 ZO-1 9-XX Exhibit C "R3" District 3.8 "R3"District Development Standards - Lot Width - tear d ) (-C) 0 (9Seroxk°6 ('t Accessory C.)tir •`i ( StrWures L: Lot Side H.-�„ i Rimery ET.` Area Yards _ l _ Structure -- 0 O o o 11 ® I Prtrpertp 4:i Urfa ,7,Y J �J Brlbdrp Front Yard 1 0a ° i aneteV...__ e SMDack L i 1 Z.-- — LW Frbnlage -._-ROW R.O.W. R.O.W. RO.W.=N Defined on Thorgr0M16n Plan RO.W.=As Defied on TTaeuphfare Plat R.0 W. Defined onT Royhre!PW Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage: •5,000 square feet/dwelling unit •25 feet when adjacent to an Arterial or •Square footage of all Primary and Minimum Lot Width: average setback whichever is less Accessory Structures,and impervious •30 feet •20 feet when adjacent to a Local Street surface cannot exceed 75%of the Lot Minimum Lot Frontage: or average setback whichever is less Area •25 feet on a Public Street with vehicular Minimum Side Yard Setback: Minimum Main Floor Area: access from said Public Street or rear •5 feet per side for the Primary Structure 960 square feet for one story Primary alley •2 feet per side for Accessory Structures Structures,or Sewer and Water: Minimum Rear Yard Setback: •700 square feet for the first floor of the •Requires municipal water and sewer Primary Structure,provided that the q p •15 feet for the Primary Structure total Finished Floor Area is 960 square hookup •2 feet for Accessory Structures feet or more Additional Development Standards that Apply Accesooty Structures "C1 Bn Lot,Yard,and Density(LY) Expressway Buffer(EB) Entrances/Drives(ED) •LY-01. Page 7-3 •EB-01 Page 7-24 •ED-01 .Page 7.45 •a exempt Height(HT) Environmental(EN) Vision Clearance(VC) HT- 1.._._- . .Page 7-4 •EN-01 _ Page 7-25 VC-Ot ....._._.Page 7-07 ' Accessory Structure(AS) Floodplain(FP) Telecommunication ,shed V AS-01 Page 7- • FP-01 Page 7-27 Facilities(TC) Guiding •AS-02 ......_.__.Page 7.6 Performance(PPF)age TC-01 Page 7-48 Height Fences and Walls(FW)• •PF-01 Page 7-30 •TC-02 Page 7.51 FW-01_._._....._..Page 7-8 Lighting(LI) •TC-05............Page 7-52 Flet Roat Structures Gable Roof Structures •LT-01 _.... Page 7-31 E) (from highest (from highest gabki roof) • Temporary Uses U) iSpecial Exception e 7- �ctron of flat roof) •TU-01 age 7-9 General Signs(GS) •SE-0t .Page 7-54 •TU-02 Page 7-9 •GS-01 ...... Page 7-32 Miscellaneous(MC) Maximum Structure Height: Home Occupation(HO) Temporary Signs(TS) •MC-02 page 7.58 •H0-01• Page 7-10 •TS-01 Page 7-34 MC-04. Pa a 7-58 •H0-02 35 feet for the Primary Structure . Page 7-11 Signs9 •18 feet for Accessory Structures Permanent PS PS 01 Pa( 35 MC-O6 Page 7-58 Public Improvement (PI) 9e •PI-01................Page 7-13 Parking(PK) Landscaping(LA) •PK-02 . Page 7-39 •LA-01 Page 7-14 •PK-07 _. .......Page 7-41 •LA-02 _Page 7-15 •PK-08.............Page 7-43 •PK-09 .. ..._.-Page 7-43 Article Three:Residential Zoning Districts 3-9 CITY OF JEFFERSONVILLE DEPARTMENT OF LAW /TY p� Les Nlerkley, Corporation Counsel/Director of Legal Affairs �� 1 N 812-285-6493 office c. �iy 812-285-6403 fax kv www.cityofjeff.net SON4`v Jeffersonville City Hall 500 Quartermaster Court,Suite 250 Jeffersonville.Indiana 47130 BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA IN THE MATTER OF THE ORDINANCE TO AMEND THE CITY OF JEFFERSONVILLE ZONING ORDINANCE (2000-OR-61), APPROVING UPDATES TO R1 AND R3 DEVELOPMENT STANDARDS AS RECOMMENDED IN THE STAFF REPORT (A COPY OF WHICH IS ATTACHED AS EXHIBIT"A") NOTICE OF HEARING ON ORDINANCE TO AMEND THE CITY OF JEFFERSONVILLE ZONING ORDINANCE (2000-OR-61) APPROVING UPDATES TO RI AND R3 DEVELOPMENT STANDARDS AS RECOMMENDED IN THE STAFF REPORT (A COPY OF WHICH IS ATTACHED AS EXHIBIT "A") Notice is hereby given that the Jeffersonville Department of Planning and Zoning has filed Ordinance with the Jeffersonville City Council, Jeffersonville, Indiana asking for an amendment to the City of Jeffersonville zoning ordinance (2000-OR-61) approving updates to RI and R3 development standards as recommended in the staff report (A copy of which is attached as Exhibit"A"). A public hearing will be held on July 1, 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. _.. .51'914) C Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 An equal opportunity employer.