HomeMy WebLinkAbout2022-OR-36 An Ordinance for Updates to Articles 6, 7, 10, and 12 of the Jeffersonville Unified Development Ordinance (UDO) STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE 2022-OR-3,
AN ORDINANCE FOR UPDATES TO ARTICLES 6, 7, 10 and 12 OF THE
JEFFERSONVILLE UNIFIED DEVELOPMENT ORDINANCE
Whereas, The Jeffersonville Department of Planning and Zoning filed an application
before the Jeffersonville Plan Commission for updates to Articles 6, 7, 10 and 12 of the
Jeffersonville Unified Development Ordinance and,
Whereas, on May 31, 2022 the Jeffersonville Plan Commission held a public hearing on
the application and at the conclusion of the hearing the Jeffersonville Plan Commission voted by
a majority vote of its entire membership to forward their recommendation on the updates to the
Jeffersonville Common Council; and,
Whereas, this matter is now before the Common Council at its regular meeting after
certification of the updates 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 updates to Articles 6, 7, 10 and 12 of the Jeffersonville Unified Development
Ordinance at the regular meeting scheduled for June 6,2022; 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 Jeffersonville Unified Development Ordinance (2021-OR-36) is
hereby amended approving the updates to Articles 6, 7, 10 and 12.
This ordinance shall be in full force and effect upon its adoption.
SO ORDAINED this 6th day of June, 2022.
2022-OR-
PASSEDED AND ADOPTED by the Common Council of the City of Jeffersonville, Clark County, Indiana upon this
/milJdayof Otfi-c , 202Z-
•
Matt Owen, President and
Presiding Officer
ATTEST:
Aeze
Lisa Gill,Clerk
City of Jeffersonville
PRESENTED by me to the Mayor of the City of Jeffersonville, Clark County, Indiana upon this day of
dune , 202
Li Gill C erk
1
City of Jeffersonville
SIGNED and APPROVED by me upon this of 1 day of 2022
r
Mike oore, Mayor
City,of Jeffersonville
Common Council of the City of Jeffersonville, Indiana
VOT D OR: VOTED AGAINST:
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M tt wen, President
ATTET•
Lisa Gil
City Clerk
Prepared by:
Les Merkley
Corporate Counsel
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DEPARTMENT OF LAW -'.. :
Les Merkley,Corporation Counsel/Director_of Legal Affairs
GAT Q.,c,
812-285 6493 ffice'
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500.Quartermaster`Court
Jeffersonville Indiana 471.30` - -.
BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA
` IN THE APPLICATION OF THE JEFFERSONVILLE
DEPARTMENT OF PLANNING AND ZONING
FOR UPDATES TO ARTICLES 6, 7, 10 AND 12 OF THE JEFFERSONVILLE
UNIFIED DEVELOPMENT ORDINANCE
NOTICE OF HEARING ON APPLICATION OF THE JEFFERSONVILLE
DEPARTMENT OF PLANNING AND ZONING FOR UPDATES TO ARTICLES
6, 7, 10 AND 12 OF THE JEFFERSOONVILLE UNIFIED DEVELOPMENT
ORDINANCE
Notice is hereby given that the Jeffersonville Department of Planning and Zoning
filed an application before the Jeffersonville Plan Commission for updates to Articles 6,
7, 10 and 12 of the Jeffersonville Unified Development Ordinance.
A public hearing will be held on June 6; 2022 at 7:00 pat in the City Council
Chambers, lst 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 updates. ,
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Les Merkley
Corporation Counsel
Jeffersonville City Hall
500 Quartermaster Court
Jeffersonville, IN 47130
(812) 285-6423
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE PLAN COMMISSION .
IN THE APPLICATION OF
Jeffersonville Department of Planning & Zoning
TO AMEND THE.JEFFERSONVILLE UNIFIED DEVELOPMENT ORDINANCE
. CERTIFICATION:OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION..
OF.PROPOSED ORDINANCE • -
Whereas, the Jeffersonville Department of Planning &Zoning filed a petition ::: . : :
before the Jeffersonville Plan Commission to amend the City of Jeffersonville Unified
' . Development Ordinance (ZO-22-01),:approving updates to
Articles 6,:7,: 10, and 12 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 May 31, 2022 and; :.
: Whereas, at the Conclusion of the hearing.the Jeffersonville Plan Commission: .
Voted by a majority vote of its entire membership to:forward their recommendation on
: the proposed amendment to the Jeffersonville Common Council,
IT IS THEREFORE CERTIFIED.that on = May 31. 2022 - , the Jeffersonville Plan
• :- .Commission circle one :
CaVorably Recommer is / Unfavorably Recommends/ Provides
NO Recommendation
-that the.Jeffer-sonville Common Council enact by ordinance the:proposed Jeffersonville:
Unified Development Ordinance amendment as requested in-the petition of
: Jeffersonville Department of Planning & Zoning: • '
So certified this 31st day:of May : . , 2022. .. .
. J. -41A. ..iil,. _____. ' . . .
- Chairman
is
rTy O� Planning Commission
�u *, Staff Report
� • cP April 26, 2022
it I' °
Case.No: ZQ-22-01
L � � .w Request: ORDINANCE UPDATE REQUEST
VA. �..,�11: Petitioner: City of`Jeffersonville, Planning &Zoning
�� ' �V Department -
Request ..
Text-amendments to the UDO . • :. '
Case Summary .
The Department of Planning &Zoning is proposing-revisions to.Articles 6, 7, 10, and 12: The following
revisions are requested:.
Revisions'to stub street, pedestrian connectivity, and cul-de-sac lengths (Article 6)..
• Revisions to entrance/drive requirements for M2 & M3 properties(Article:7)
• Revisions to parking distribution requirements in River Ridge (Article 7) :
• Revisions to:the parking requirements for restaurants(Article 7)
Revisions to Certificate of Zoning Compliance.Requirements for River. Ridge (Article 10) .
• Adding procedures•for the landscape fee-in=lieu:program (Article 10).
•: Adding a definition for"average setback (Article 12).:
Required:Action
Make a motion to forward this rezoning to the Jeffersonville.City Councill with one of the following .
options: Favorable Recommendation,.Unfavorable recommendation,or No Recommendation.
Recommended motion - -
"I make a motion to forward the ordinance update request(ZO-22=01) to the Jeffersonville City Council
-with[insert recommendation]as presented to the Plan Commission on (May 31 i 2022). . :
Attachments.
1. Proposed updates .
Page 1 of 1 Z0-22-01
Item 1 — Stub Streets; Pedestrian Connectivity, and:cul=de-sac lengths. .
Article 6.8
A: L.
B: Streets,Alleys,&Cul-de=Sacs
:I., 'Layout a.- The street and alley layout shall provide access to all lots and parcels of land:within the.
subdivision;and where streets cross;other streets,jogs shall not be created. -
b. Proposed streets shall be adjusted to the contour of the land so as to:produce usable lots and
streets of reasonable gradient No:half-streets shall be:permitted in any subdivision.
c... .
vicinity::Where a development abuts an undeveloped.parcel greater than 2 acres in size,;stub
streets within the:new subdivision shall be extended to the boundary the abutting property-to a.
point wheie a:connection'to:an anticipated street is expected.
d._ The requirement for a stub street may be waived when steep slopes more than 25%,freeways,;
waterwa s railroad lines- re-existin develo ment,tree conservation areas stream buffers;open
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or easements would make the provision of a stub street infeasible;Or When the abutting. :; :
property.is zoned for industrial uses: :
e.: Dead=end alleys are not`permitted unless adequate turnaround space: is provided._Alleys may
Make.a 90°turn to provide access'to.a local street;a minimum 25 foot radius is provided on the
inside corner.... .
2: Width Dimensions .: .
. Wherever there exists a dedicated or:platted portion of a street or alley abutting the proposed
: subdivision,the remainder of the street or alley to the-prescribed width shall:be:platted_within the
proposed subdivisi
on,with-a minimum right-of-way width for streets of 50 feet and a minimum
right=of--way width for alleys of 20 feet:
b.: Right-of-way widths'of arterial streets and collector streets shallconforin to the:widths specified
in the official Thoroughfare Plan.
o:: For proposed:lots with frontage along urban.collector roads,adequate right-of-way.distances shall
be set:so there is a minimum distance of 25 feet from.the centerline of the:road to the abutting"
property,line. (Example=if a ROW is supposed to be 50 feet;and:there is.only:15 feet of ROW:
from the centerline to the property line,an additional 10 feet of ROW shall be dedicated.).If the
proposed lots have frontage along a minor arterial road,the minimum'clearance shall be 40 feet
from the centerline of the road to the`abutting property line
d: The minimum right-of-way of streets and cul-de-sacs shall be 50 feet:
- e. All cul-de-sacs shall terminate in a:circular right-of-way with a minimum diameter of 100 feet.
f. The maximum lengths of a:cul-de-sac,from the:intersectioh of the:centerlines of the nearest side:
or cross street to the center of the radius of thecul-de-sac;shall be:100:feet
1. 1,000 ft.in the:RI Zone District, :
2. 800 ft.in the R2 Zone District, -
3. 600 ft. in the:R3.Zone.District,
4: Cul-de-sacs in;all other zone districts shall not be subject to.this:standard.
g. Alley rights-of way,if platted,shall-be at least 20 feet in:width.
Article 6.9
H. Sidewalks
1. The Plan Commission shall require sidewalks to be installed along all new streets within the subdivision.
Where a subdivision abuts an existing city street,sidewalks will be required along the boundary of the
subdivision abutting the existing city street.
2. A pathway or sidewalk shall be Provided to connect one cul-de-sac to an:adjacent cul-de-sac,:street,or
common area to provide a direct connection between pedestrian destinations.These.pedestrian
connections shall constructed in accordance with Article 6:9 F-4 and 5 below,and located within an
easement or dedicated commons area.An example of a typical pedestrian connection is shown in
Figure 6.4.
3. The builder shall be responsible to the developer for the sidewalks located on the lot where he or she
builds. In the event that a lot should be divided between two neighbors or one resident purchases an
extra lot the developer shall be responsible for constructing the sidewalk under these conditions.
4. Minimum sidewalk widths:
a. Where installed on both sides of the street,sidewalks shall be 5 feet in width
b. Where installed on only one side of the street,the minimum sidewalk width shall be 8 feet.
5. Sidewalk construction:Sidewalks shall be constructed of 3,500 psi Portland cement concrete,at least 4
inches thick,and placed in the right-of-way one foot from the property line.Sidewalks shall be scored.
every 5 feet with expansion points at 20-foot intervals:All sidewalks:shall:comply with the Americans
with Disabilities Act(ADA).
6. No point source discharges of water(e.g. sump pump discharges)shall be allowed to encroach upon or
empty onto sidewalks.
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Item 2.—ME Entrance/Drive Requirements
Article 7.5
ED-0.1`: This Entrance/Driveway Standards section applies to the following.districts:
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: A. Proximity:to street corners::No entrance or drive shall be permitted to begin within
1:':200:feetof any intersecting road if along an arterial(see"A"in Figure A:above).
2: 150 feet of any intersecting road if along a local road(see"A" in Figure A above).:
3.:The distances for the above standards shall:be determined by measuring from the street curb(or,if
: no curb,edge of paved street)to the nearest'curb or:edge of pavement of the entrance or driveway.
- B. Entrances at road curves:No entrance or drive shall be permitted within:..`_
1.: 140 feet of the apex of a curve(30 degrees or greater)where the road is an arterial.
2, 70 feet of the apex of a curve(30 degrees or greater)where the road is a local road
3: The location,of drives:on or near curves:may be investigated individually_by the Planning Director or
.City Engineer and evaluated for.their sight distance-and the design speed of the roadway or the posted
speed limit,whichever is greater.:In no case shall the Planning:Director or City Engineer be able,to
reduce the above stated distances by greater than 50%,:
C. Proximity to other entrances:No 2 entrances or drives shall be.within:
:1 100 feet of one another if along an Arterial(see`B".in Figure A above): :
2: 40 feet of one-another-if:along a local:streeet(see"B"in Figure A above),
D: Entrance widths -
1. In industrial districts(I1,I2;IN,and IR), entrance drives shall:hot:exceed.
a. -30:feet onto an Arterial..
b. 36 feet onto a Local:Street
2. In all other districts,entrance drives shall not exceed: :
a. 30 feet onto an Arterial
b. 26 feet onto a Local Street
3. The above measurements are taken from the inside face of curb to the inside face of curb as shown in..
: Figure B on page 7-13.. .
4. The above measurements are for two-way traffic.Where'entrances,are designed for one-way traffic the
maximum widths shall be 60% of the above measurements
E. The Plan Commission may determine:if the following are necessary: .
1. An acceleration or deceleration lane,or.
2. A passing blister at a,new entrance or drive.
F. All new curb cuts,or expansions thereof,require.an`Improvement Location Permit as specified in Article :
10 ,
G. For all M2 and M3.zoned properties and:those Cl and C2 properties that receive a special exception to
• allow multi-family:residential,:adequate vehicular access:shall be provided:Proposed developments with:
between_101.and 300 dwelling units shall require a'second entrance at least 300 feet from the primary
entrance(and preferably off another street):A third entrance is required for new multi-family residential
developments with more than 300 dwelling units:(at least one entrance shall be off another street).: •
I. _
Item 3.—.Parking Distribution (River Ridge)
Article 7.12
PK-05: This section applies to the following
districts:
A. General: .
'1: All parking lots for commercial,industrial,,institutional,business,public and private employee
parking,offices, organizations,and places of assembly including their ingress/egress must be paved.
Expansion of an existing gravel,stone,rock,dirt,sand,or grass lot is not permitted.
2. Parking areas must be:designed and constructed to allow proper drainage, :
3. .Parking areas shall be designed to prevent vehicles from maneuvering into the public.right-of-way.: . "
4. Parking spaces prescribed in this section Must be located either on the premises or on an adjacent lot
approved by the Plan Commission.:
B. Setbacks:Parking lots shall have a minimum setback of 5 feet from the front,side and rear property
fines. In the CD and CN districts,this may'be reduced to zero.Entrance and exit drives may be located
within the setback area.
C. Location: In order to improve the look and feel of street corridors;parking lots,to the greatest extent
possible,should be located to-the side(S)and the rear of buildings. Parking spaces shall be located as
. •follows:
1. :Parking in front of Primary: Structures:
a. :In the CD and CN districts no parking shall be allowed in front of the primary structure.
b. In all other districts,a Maximum of 40% of the a required spaces may be located:in front of the
primary structure. except as noted below:
i.. Where a structure is located:on the corner of 2 streets,a:maximum of 20%:of parking shall
be allowed in the front of the primary structure.
ii. Where structures have street frontages on more than 2 parallel sides(e.g:thru lot),or street
frontages on more than two sides this maximum shall not apply.
c. The maximum amount of parking permitted in front of the primary structure maybe increased to
60%if the applicant provides additional landscaping,screen walls,berms and/or other design
features to:better.screen and/or break up the visual appearance of a large parking lot from the
street.This increase shall be at the discretion of the Planning Director.
2: Where a rear yard exists,a:Minimum of 10%of the required parking shall be located to the rear of
the primary structure.This standard may be waived at:the discretion of the Planning Director where
physical:access,topography,mandatory landscape buffers,etc.impede parking to the rear of the
structure.
3. Under no circumstances shall parking be permitted within any required buffer areas.
4: Parking:location and distribution for new projects.and additions to.existing projects in the JR:
District and.River Ridge Commerce Center'shall meet the standards:set forth by the River Ridge
Development:Authority:Approval of parking location and distribution by the RRDA shall constitute
approval by the City of Jeffersonville.
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Item 4:_Parking Revisions -Restaurants
PK-05 E: Suggested Minimum Parking Counts
Land Use Parking Requirement
Arenas;Auditoriums;Banquet Halls Parking_spaces shall equal 40%of allowable
Churches,Conference'Centers;Theaters.
and other similar spaces,
seating capacity
Athletic fields(outdoor),Parks,Swimming ' Parking counts shall be.at the discretion of the
pools: Director
Vehicle Repair- 1 per service bay
• Automobile sales and services -. Car Wash l.per stall: -
.. All other related uses 1 per 500 square feet
Education:Primary, Secondary and Day Care Parking counts shall be at the discretion of the
facilities Director
• : Educational:Post-secondary..(business school, Parking counts shall bbe at the discretion of the
college;medical training,university,:etc:. Director .
1 per 250 square feet for indoor facili ties;
Fitness and:Recreation facilities • "Parking for developed outdoor spaces:shall be
. . - �, , :at the discretion of the Director
Hotel/Motel/Bed.&Breakfast - 1.25 per sleeping room.
= Lper
1,5.00 square feet,Or .. "
• Industrial facilities and Warehouses 1.per employee at largest shift(minimum:of 3
spaces) -.
Medical facilities and Personal Services ; 1.per 250 square feet
Multiple1.per 250 square feet(regardless of
tenant commercial building
individual.uses)
Museums and Libraries. Parking counts shall be at the discretion of •
.
the Director-. , . .
Professional offices 1 per 400 square feet
- Restaurant :1 per 150 square feet 1 per 100 square feet :
: • Residential Uses(All) : See standards for M2&M3
Retail 1 per 400 square feet.
Self-storage(indoor or outdoor)
1:per 500 square feet of office(minimum of 2)`
. :L per.20 climate controlled units '..
Item 5.—.CZC Exemption.(River Ridge)
Certificate of Zoning Compliance
10.5.02 Certificate of Zoning Compliance: The following procedures apply to Certificate of Zoning Compliance
petitions.
: C. A Certificate of Zoning Compliance is required for all businesses in Jeffersonville at the time of their
establishment.This.includes:
1. New businesses;:
2. .The relocation of existing businesses,or •
• 3. Home Occupations:
D. Exceptions
1. A'new:or relocating business that goes;through the Development Plan approval process or obtains a •
Use Variance or Special Exception through the BZA shall be exempted.
2.. New businesses in IR zone districts and the River Ridge Commerce Center shall be:exempt from this
requirement - .
E_.. All new businesses,as outlined above,shall submit an application to the Planning:Department along with the
associated fee as noted in the Official Fee Schedule.
F. Staff will have 10 business days to review and render a decision.If the Certificate of Zoning Compliance is
denied,applicant may appeal to,the Board of Zoning Appeals within 30,days of the administrative decision:
For more information,please see 10,5.01.:.
Item 6—Landscape fee in lieu procedure. .
Landscape Fee-in-Lieu
10.05.06 Landscape Fee-in-Lieu:The following apply to applicants for the Landscape Fee-in-Lieu program.
A. At the time of project submittal,a landscape-fee-in-lieu application shall be submitted as an attachment,Please
see Article 10.05.04 for submittal procedures for.Development Plans.
B. There are certain requirements and benchmarks to qualify for consideration of the landscape fee-in-lieu program.
Please see Article 7 8'LA-07 for the landscape fee-in-lieu standards.
C. Approval of the requested landscape fee-in-lieu shall be granted by the Planning Director as set forth in Article
D. Payment of the approved landscape fee-in-lieu is required to the Department of Planning&Zoning prior to the
issuance of a Certificate of Occupancy No Certificate of Occupancy shall be granted without successful payment
of the required fee-in-lieu. :
E. _A 10%discount may applied on the approved total of the fee-in-lieu if paid within the first 30 days after the
landscape fee-in-lieu is approved.
Item 7 —Average Setback Definition
Article 12
Average Setback:Where adjacent structures are closer to the street than the minimum setback and/or there are significant
inconsistencies in the setbacks of adjacent structures,a new structure may be constructed using an average setback:The
average setback shall be a calculated average of structures on the same side of the street that are located within 200 feet of
the proposed structure's lot lines. See the diagram below:
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