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Home My WebLink About2022-OR-18 Ordinance Changing the Zoning from R1 to R3 on Property Located at 3000 Block of Charlestown-Jeff Pike STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2022-OR- , g AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 3000 BLOCK OF CHARLESTOWN-JEFF PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1-SINGLE FAMILY RESIDENTIAL-LARGE LOT TO R3-SINGLE FAMILY RESIDENTIAL-SMALL LOT Whereas, Damian and Anne Cristiani filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 3000 Block of Charlestown-Jeff Pike and fully described in the attached Exhibit A from R1-Single Family Residential-Large Lot to R3-Single Family Residential-Small Lot and, Whereas, on March 1, 2022 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 March 7, 2022; 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 on a portion of 3000 Block of Charlestown-Jeff Pike and fully described in the attached Exhibit A is hereby changed from R1- Single Family Residential-Large Lot to R3-Single Family Residential-Small Lot. 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 7th day of March, 2022. Common Council of the City of Jeffersonville, Indiana VOTED FOR: VOTED AGAINST: -2!‘" ( d' ,roa, „ , •6,,,Ary w/Aliny, ‘t140 1.,rp Matt wen, President ATTEST: _ AO sa Gill City Clerk Prepared by: Les Merkley Corporate Counsel es, - C7 .ew "s -.. -s L ' Y "v 'h: r s `,r _ x1r 1?oxF F: , c :. ,N v! t . .E iz � ; , . DEPARTMENT OF LAW ' u Les Merkley,CorpoiationiCounseUDirector of Legal Affaus `�Y, x G F 5 ;3j Z T '"' r 812 285 649,office s " r . •4oio, r° ; 812.?85�6403 fax " - ta w F ww�w `cltyofjeff net r '3 `•`' t r {_. '- `'. ` ' `•' 1n ,f fi .k J T 5 *� S T : f4 T 7 ;,4w a Jeffersonville City Hall RSO.- e 500 Quartermaster Court '' 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 3000 BLOCK OF CHARLESTOWN-JEF.F PIKE • AND FULLY DESCRIBED IN ATTACHED. EXHIBIT A FROM R1 (SINGLE.FAMILY RESIDENTIAL-LARGE LOT)TO R3 (SINGLE FAMILY RESIDENTIAL=SMALL LOT) NOTICE OF.HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION.OF A.CERTAIN..TRACT OF PROPERTY.LOCATED AT 3000.BLOCK OF CHARLESTOWN-JEFF PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1 (SINGLE FAMILY RESIDENTIAL-LARGE LOT)TO R3 (SINGLE FAMILY RESIDENTIAL-SMALL LOT) Notice is hereby given that the City of Jeffersonville has filed an 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 30.00 Block of Charlestown-Jeff Pike,as recommended.by the Plan Commission from Rl-Single-Fainily.Residential-Large-Lot to R3-- - ---- - --- SingleFamily Residential-Small Lot: s , ' . A public hearing will be held on March 7,2022 at 7c00 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. • ....----C19"‘A/"A"?c" . •, Les Merkley ' Corporation Counsel Jeffersonville City Hall . 500 Quartermaster Court Jeffersonville,IN 47130 (812)285-6423 POSTED AND EMAILED ON March 2,2022 TO THE FOLLOWING: Via Email to: dsuddeath a,newsandtribune.com - Via Email to: newsroom@newsandtribune.com Posted to:www.citvofjeff.net STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF: Damian &Anne Cristiani I PC-22-11 TO REZONE CERTAIN TRACT: 3400 block Stenger'Ln. 110-19-03-500-744.000-009 FROM: R1 (Single Family Residential: Large Lot) to R3 (Single Family Residential: Small Lot) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Damian &Anne Cristiani 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 R3 ; Docket number PC-22-11 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on March 1, 2022 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 1, 2022 , the Jeffersonville Plan Commission (circle`e): Favorably Recommends/ nfavorably Recommends/ Provides NO Recommendation that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from R1 to R3 as requested in the petition of Damian &Anne Cristiani I PC-22-11 • So certified this 1st day of March 2022 44:4434/(f/a2 Chairman 0\1If O Plan Commission. .. . . Wi Staff Report '� • -- March 1, 2022 N Case No: PC-22-11 • . • L .o.._, _ Location::- 3400,block Stenger.Ln. -•. • 0 .. Applicant: ' ' Damian&Anne Cristiani" - Current Zoning: Ri (Single Family Residential Large Lot) • • --: - .::: •.• ::• 1 `� Proposed Use:., . Single Family.Residential SO4 Council District: 4='Scottie Maples •Request •; Y-y,�? - .,; " Rezone property from R1 (Single Family Residential. Large r'- w r 1�,,,, ,,,' �1-%,''j Lot)to R3 (Single Family Residential: Small Lot).: `� i ._- ,,,t " - .. - - ;: gin. 3; , i Case Summary r The .licant,is•re uestin to rezones roximately:35 acres . i' - ". - . , •• PP q• . 9 PP Y to• develo a.sin le-family residential subdivision. The lf, _ • — I proposed development would. provide owner.occupied • .- ,r,�, y properties.and dwellings.in a variety.of.sizes and types. -: . • ,_ .1 �F :',•'t ;.,. . . .Staff •Finding/Opinion: . • ?i , .; ;, ; r . The'proposed•request.is connected to the. request from PC-. ,..=•�`-,;,,1 ,� - r' �.4 �'ei ' .. .: 22-10,'and presents many of-the same benefits and- • r,"4"v, !x ` , , ' r,, "7 't � , !i � � s y rep challenges of the request. The proposed:request is a . .. .. :: --- departure in terms of zoning for the.area; II:the surrounding parcels and subdivisions are'in R1 : : - districts,.,and the smallest parcel is about 1.0,000 square feet: The.proposed.request does not deny the: applicant.the:ability toi create larger parcels,but:it does:allow.them to create'parcels that are only.about . . 40% of the size of the:smallest parcel:in the•area. Coopers Lane:is a small road with:a fairly high level : .: Of service. The•pavement width:is only about 22 feet this request will:present the potential to •. significantly increase traffic patterns:in.this,area.;Additionally, there will be access to-Stenger Ln,.which is an.even smaller:road.-that accesses.Charlestown.Pike:The single-family;nature.of-this:requestmeets . . •- :•some of:the goals.and•objectives of the'planning district it.is-located:in, and meets:the.single-family: . residential designation:of the future land:use map..: • • .:- -. •• • • • : . 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.one of the following. • - ' options:-Favorable.Recommendation;Unfavorable:recommendation, or No Recommendation. . Recommended motion • . . - •• .. : "I:make a motion to forward the rezoning request.PC-22.11 to the Jeffersonville City:Council with :: (insert recommendation]as-presented to-the Plan"Commission:on March 1, 2022. .: : Page 1.of 8 • • PC-22-11 . . . : Staff Analysis for Change.in Zoning The following is a summary of staffs analysis of the proposed rezoning as it relates to the land use and development policies of the Comprehensive Plan and Unified Development Ordinance: UDO Zoning District Intent Current Zoning The R1 (Single Family Residential -:Large Lot) District is intended to provide a land use category for :single family homes on large lots: The provisions:that:regulate this land use district should protect,: : promote and maintain existing residential areas in the.City.of Jeffersonville and may also be used for a future housing growth. The Jeffersonville's:Plan Commission and Board of Zoning Appeals should strive to protect:this district from conflicting land-uses such as industrial and large-scale commercial uses:as well as-nonfamily oriented businesses. Article 6 of this ordinance includes additional options and_incentives for the development of subdivisions:that preserve natural open spaces, floodplains, etc. that exist on site and/or dedicate"and construct public park facilities. Proposed Zoning . : The R3 (Single Family Residential H.Small Lot) District is intended to provide a land:use category for single family homes on:smaller-sized lots. The provisionsthat regulate this land use district should protect, promote and maintain existing residential areas in the City of Jeffersonville and may also be, used for future housing growth. The Jeffersonville's Plan Commission.and Board of.Zoning Appeals should strive to protect this district from conflicting land-uses such as industrial and large-scale commercial uses as well as nonfamily oriented businesses: Article 6:of this ordinance includes additional options and incentives for the development of subdivisions that preserve natural open spaces, floodplains, etc. that exist on site and/or dedicate and construct public;park:facilities:: :Future Land Use Map and Planning Districts. .: :: : The property to be developed falls within:the Single-Family Residential land use classification in the Future Land Use Map as shown:below..This residential is classified as detached single-family residential : zi 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 lond. 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 8 PC-22-11 f h Legend 'V , 41 1 ,'Z , PubllcllnstituU_coal ® Recreation/Open Space �, l"`sr r -: � ? �"'' " Ught Industrial - s J ' Heavy industrial � - Business Park/Industrial `� i 1�„„,,�� Single Family Residential ` ri ; IIIIIMulti-FamilyResidential ' h Mixed•Residential � Mined-Use-Com/Re§ _ a ,a < .� ri t. -.Commercial x s ' City Limits r :, " Road -Fu ture Land Use Plan • egen o " ; ' Suburban Neighborhood,.'ti t ,ram � eP �P� rsr _ . 'Traditional. ; >� ;,,. ». tb Neighborhood/Workplace -;;,. tid-' y..� pla 7 n Suburban Workce. " _ ubu,Srban M arket'pia a ,��' Traditional Maiketpla0 t y Regtonai�iMyar�keytplace Cente�� ", a ' DowntowmHistonc District .- r:�. Planning Districts Map The following are descriptions of these planning 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: Goal SN 1 allows for a variety of housing types, including detached homes, duplexes, townhomes, and patio homes;to provide housing choices for a range_of age om s,:inces, and:needs. This project meets this goal as the applicant is proposing properties and dwellings in a variety of sizes and types. . Goal SN 2 states that this planning district should preserve and.enhance the'character and.integrity of suburban neighborhoods through-compatible site and building design of proposed development and Page 3 of 8: PC-22-11 land use changes. The proposed request and potential development is a departure of the vicinity. The. requested zoning district would allow for a minimum lot size of 4,000 square feet, and the surrounding area is comprised of homes on lots that are considerably larger than what could be created. However, Objective SN 2.4:states to establish a range of setbacks and lot dimensions to ensure compatibility with buildings surrounding .while allowing foror.flexibilit . and creativity. Goal SN 3 encourages diversity in the types of suburban neighborhoods available to residents while ensuring that all suburban neighborhoods contain the elements needed for a neighborhood that works as a healthy, vibrant, livable space. The proposed change in zoning could present the option to create a variety of lot sizes to provide this diversity in suburban neighborhoods. Current Zoning =� r=~ .-*' qc y The subject property is currently zoned R1 (Single Family a PF Residential:Large Lot). All properties that surround the `` ;\�''--;," ,� subject property south:of 1-265 are zoned R1.There are , �, - some properties zoned R2 (Single Family Residential: ��u . .�� Medium Lot)further west of the subject property �, There is an M1 (Multi-Family Residential: Small Scale) V ••, property pP ,? 5 r ' . on the opposite side of:1-265,.however.all . � �• ' �"� � residential properties on the east side.of 1-265are zoned. . °� 0 %' dt tp. *� �ooi4 0�A r Attachments 1. R1 District Intent and Standards 2: ..R3 District Intent and Standards Page 4 of 8 PC-22-11 Current Zoning information RI District (Single Family Residential _-:.Large Lot) \R% 3.36 RI District Intent, Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The R1(Single Family Residential : Residential Commercial:Recreation/Fitness -Large Lot)District is Intended to • child care/day care(owner- • golf course/country club provide a land use category for occupied) . Communications/Utilities . single family homes on large lots. • dwelling:single family • public well The provisions that regulate this • residential facility for • telecommunications facility(other . land use district should protect, developmentally disabled/ than microcellular) . promote and maintain existing mentally ill(less than 4 units) Institutional/Public Facilities residential areas in the City of Institutional/Public Facilities . • church,temple,mosque Jeffersonville and may also be used • public park • public recreation center/pool for future housing growth. Miscellaneous Uses Residential The Jeffersonville's Plan • home occupation#1 • dwelling;accessory dwelling units1 Commission and Board of Zoning • residential clubhouse/community Appeals should strive to protect this rooms district from conflicting land-uses Institutional/Public Facilities such as industrial and large-scale • church,temple,or mosque commercial uses as well as non- • public recreational center family oriented businesses. Miscellaneous Uses Article 6 of this ordinance includes • home occupation#2 additional options and incentives for the development of subdivisions that preserve natural open spaces, floodplains,etc.that exist on site : and/or dedicate and construct • public park facilities. Additional Notes: . . . . 1. See Article 8.3 for additional standards. 3-40 - Jeffersonville Unified Development Ordinance Page 5 of 8 PC-22-11 R1 District (Single. Family Residential - Large lot) RJ '3.37 RI District Development Standards Lot Dimensions Setbacks Other Requirements i' Lot width 1 ip i Rear Yard f �r setback io)6i CO `4J+ (�" Accessory 1 { Lot__ Mt' P Side ; 0 i Structure Area ® S Yard ,.—. Selbaeki 11 \ v D 1 ! I s i I ; 44. fir PloPertY eV i Pi Une J I ( Lot 1 1 Building Front Yard f Coverage i Envelope Setback 1 /1---•Lot Frontage—1 R.O.W. % R.O.W. `f j� l �/ ! /i'� ' RO.W.=As Donned on Tharoughtaro Plan ( R.O.W.=As Defined on Ttmroughfuro Plan R.O.W.=As Deanna on Thoroughfare Plan, Minimum Lot Area:. Minimum Front Yard Setback:3: Maximum Lot Coverage . ' • 8,000Square:feet1•? • 30:ft.:when adjacent:to an arterial •:40%of the lot area Minimum Lot Width: •:25.ft.when adj.to,a.local street°: Minimum Residential'Unit Size : :60:feet1 Minimum Side:Yard Setback: : • 1;200 square feet : : Minimum Lot Frontage: • 7 ft.for the.PrimaryStructures Minimum.Structure;Width. . • 25 feet • 5 ft.for en Accessory Structure • 22 feet for at least 60%of its length. Minimum Rear Yard Setback: Maximum:Primary Structures • 20 ft.for.the Primary Structure •.1 Primary Structure • 5 it for an Accessory Structure Height Miscellaneous Notes: 1: In a new:subdivision,up to 20%of Iota may fall below this threshold; Accessory Structures with 8,500 square feet being the absolute minimum lot size and 65' I being the minimum lot-width jechanical /r f1 rT 2. See additional options/incentives for cluster development/conservation- / subdivisons in article 6 T 3. In an established subdivision the front setback shall be the average of `shed Building the adjacent homes,a 25%reduction may be on one face of a Height corner lot - Flat Roof Structures Gable Roof Structures 4: At corner lots on local streets;the front setback may be reduced to 20' (from highest (from highest gable roof) 5; On wedge shaped lots along a road curve or at the end:of a cut-de-sac, section of flat roof) the setback may be reduded to a minimum of 5 feet so long as the Maximum Structure Height: average setback is greater than 7 feet. • Primary Structure:35 feet 6. Where larger structures are allowed per Article 7 the maximum height •Accessory Structures 18 feet° may be increased to 20 feet. See Article 7 for additional development standards See Article 8 for additional use-specific standards Article Three:Zone Districts 341 Page 6.of 8 PC-22-11 Proposed Zoning Information: R3 District (Single Family Residential - Small lot) )41 3:40 . R3 District Intent, Permitted Uses,and Special Exception Uses District intent . Permitted Uses : . Special Exception Uses The R3(Single Family Residential Commercial:General Communications/Utilities -Small Lot)District is intended to : : • child care center(day care) • telecommunications facility(other provide a land use category for Residential than microcellular) single family homes on smaller-sized • child care/day care(owner- Residential lots.The provisions that regulate occupied) • boarding house(owner occupied) this land use district should protect, • dwelling:single family • co-housing community promote and maintain existing • residential facility for • dwelling accessory dwelling unit1 residential areas in the City of developmentally disabled/mentally • dwelling,multi-family-duplex2 Jeffersonville and may also be used ill(less than 4 units) • residential clubhouse/community for future housing growth. •senior living/retirement community room3 The Jeffersonville's Plan Commission (not assisted living or nursing Institutional/Public Facilities and Board of Zoning Appeals home)-see Appendix 1 • church,temple,or mosque should strive to protect this district Institutional/Public Facilities • public recreation center/pool from conflicting land-uses such • public park Miscellaneous Uses as industrial and large-scale Miscellaneous Uses • home occupation#2 commercial uses as well as non- • home occupation#1 family oriented businesses. Article 6 of this ordinance includes additional options and incentives for the development of subdivisions that preserve natural open spaces, floodplains,etc.that exist on site and/or dedicate and construct public park facilities. Additional Notes: 1: See Article.8.3 for additional standards: 2: . Only if platted for individual sale in a new subdivision of more than:3 aces in size. . 3-44: Jeffersonville Unified Development Ordinance PC-22=11 Page 7 of 8: R3 District (Single Family Residential Small lot) } 3:41 R3.District Development Standards Lot Dimensions . : Setbacks Other Requirements F Lot Width i.. Rear Yard Q Setback gr,, Q (3 rOtin ah Accesso @pi ! I c3 sb„ esNry . ) Lot side 411B. r i Primary kmi - AreaYard I Structure Iwo ® . • I Qe ®e• Front Coverageve otback Budding Yard • _... `Envelope S Lot Frontage--� j ..,1— -�F t R.O.W. R.O.W. R.O.W. / I { `�� / / / . . - RO.W.•b OcflnM on Thoroughfare Plan RO.W.•As Ucflrwd on TnwougMoro Plan RO.W. As Dafirtad on Thoroughfare Plan Minimum Lot Area:._ Minimum Front Yard Setback:2. Maximum Lot Coverage • 4,000 Square:feetl •• 30 ft..when adjacent to an.arterial •75%of the lot area Minimum Lot Width 20:ft.when adj.-to a local street3. Minimum Residential Unit Size:: • 25 feet: Minimum"Side Yard Setback: ••800 square feet ' Minimum Lot Frontage:' •. •'5 ft.for the Primary Structure Minimum Structure Width • 25 feet • 2 ft..for an Accessory Structure • 22 feet for at least 60%of its length. Minimum Rear,Yard Setback: Maximum Primary Structures • 15 ft for the Primary.Structure • 1 Primary Structure • 2 ft..for an Accessory Structure Height Miscellaneous'Notes: 1: .In a new subdivision,up.to 20%of lots may fall below this threshold, : . . Accessory Structures with.3,500 square feet being the absolute minimum '. 2. In an established subdivision the front setback shall be the average of merhanha IIIP l the.adjacent.homes,.a 25%reduction may be taken on one face of a esempi comer lot Irt 3. At corner lots on local streets,the front setback may be reduced to 15' whoa Building .. .. .. Height 'Fiat Roof Structures Gable Roof Structures (from highest (train highest gable root) section of slat roof) Maximum Structure Heights, • Primary Structure:35 feet •Accessory Structure:18 feet • See Article 7 for additional development standards See Article 8 for additional use-specific standards • Article Three:Zone Districts 3.45 Page 8 of 8 PC-22-11