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HomeMy WebLinkAbout2022-OR-40 (Ordinanced Failed 7/18/22) Ordinance Changing the Zoning Map for Property Located at 3616 & 3618 Utica-Sellersburg Road Fi1cL ?//s-Z20 a STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL • ORDINANCE 2022-OR--- — AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF • PROPERTY LOCATED AT 3616&3618 UTICA-SELLERSBURG ROAD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R2-SINGLE FAMILY RESIDENTIAL: MEDIUM LOT TO NS- INSTITUTIONAL Whereas, Greater Clark County Schools, filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 3616 &3618 Utica-Sellersburg Road and fully described in the attached Exhibit A from R2-Single Family Residential: Medium Lot to NS-Institutional and, Whereas, on June 28, 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 July 18,2022; and, II, 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 3616 & 3618 Utica-Sellersburg Road and fully described in the attached Exhibit A is hereby changed from R2- Single Family Residential:Medium Lot to NS-Institutional. 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 18th day of July, 2022. Common Council of the City of Jeffersonville, Indiana V ED FOR: VO E AG lNST: • DiaL a—WIC/A 1 M Owen, President ATTEST: A6,6:1 Lisa II City Clerk Prepared by: Les Merkley Corporate Counsel C. I T Y ' ,a F J E .F F,E..R S O N V•).L. L. E . . . . • . . i . DEPARTMENT OF LAW Les Merkley,Corporation Counsel/Director of Legal Affairs c �h 4?p6 • - tr-•Y1, 812-285-6493 office AtrAfcC f, 81.•2-285-64.03.fax wY J tW wtvw.cii.yotjeff:netb 4 `/ ` • .tiles` •7effersonville City Hall 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 3616 AND 3618 UTICA-SELLERSBURG ROAD . AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM ft2-SINGLE FAMILY RESIDENTIAL: MEDIUM LOT TO NS- INSTITUTIONAL , NOTICE Or,HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION!OF A CERTAIN TRACT OF PROPERTY LOCATED AT 3616 AND 3618 UTICA-SELLERSBURG ROAD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R2-SINGLE FAMILY RESIDENTIAL: MEDIUM LOT TO NS- INSTITUTIONAL • Notice is he+eby 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'36I6 and 3618 Utica-Sellersburg Road as . - recommended by the Plan Commission from R2-Single Family Residential: Medium Lot to NS- Institutional. . A public hearing will be held on July 18,2022 at 7:00 pm in the City Council - Chambers, 151 floor,:City Hall, 500 Quartermaster Court, Room 101,Jeffersonville, hndiana at which time and place all interested persons will be'heard in reference to the matters set out in said ordinance. , • • .......„.5.19‘.."..dglaS"— Les Merkley Corporation Counsel • Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 • (812)285-6423 . POSTED AND EMAILED ON June 29,2022 TO THE FOLLOWING: Via Email to: dsuddcathru:ncwsandtribiuig_com Via Email to: newrguom;/G!ncv sandtribune.cem Posted to: rtvx citlitlac(_f.t>.ct i . ( • STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION . IN RE THE APPLICATION.OF: .• , . Greater.Clark County Schools. PC-22-20 _. 10-42-03-.6.00-19:7.000.=039 10- - - -42 03. 600 131.000-. 03 9 . TO REZONE CERTAIN.TRACT: . 3616.& 3618Utica Sellersburg Rd. FROM: • R2 (SF Residential Medium Lot) to NS (Institutional) CERTIFICATION OF.FAVORABLE/UNFAVORABLE/NO RECO MMENDATION. OF PROPOSED ORDINANCE Whereas, Greater Clark County. Schools filed a petition:before:the Jeffersonville Plan Commission to-change the zoning designation of the property described in attached Exhibit A(the:"Prope(ty), from R2 to: NS Docket number PC-22=20 . , and,: Whereas, after proper notice:by publication, the Jeffe rsonville Plan. Commission held a : : public hearing on=the:petition on June 28. 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:Propertyto the Jeffersonville Common Council. IT IS THEREFORE.CERTIFIED that on: June.28, 2022: the Jeffersonville Plan. Commission (circle one):' . orably Recommen :/ Unfavorabl Recommends! Provides NO Recommendation e ersonville Common Council enact by ordinance the proposed zoning • designation change of the propertyfrom R2 to NS as requested in the petition of:: Greater Clark County Schools I PCG22-20 So certified this.: 28th. day of June 2022: . Chairman : • . Gl-ty O� Plan Commission * ►W Staff Report June 28, 2022 Li/ N It/iI 1ip`" o * _ It/ t* Case No: PC-22-20 L `�"Y�' W Location: 3616/3618 Utica Sellersburg Rd., jt V..r Applicant: Greater Clark County Schools Current Zoning: R2 (Single Family Residential—Medium Lot) � `V ri Proposed Use: Middle School �SQ Council District: 6—Steve Webb Request r., Ir'—— - - � �., I -- Rezone property from R2 (Single Family Residential— ?,,„c �,o . 9y, , 1 Medium Lot)to NS (Institutional). /+ , o ,n. , "ob• H , kbF SY `74-i 1 Case Summary /,�' % : 4 The applicant is proposing the rezoning of the subject V /, .> ,K, _ i o 4.4 9` property in order to construct a new middle school. The is projected construction start date upon successful ' c+ �+ '` ` rezoning is 2024-2025. /'�'® � INk P • -' . ' '" rl Staff Finding/Opinion I/ •_ -.j4.,•; - fi This request anticipates construction of a new middle ( °��r - ex,.4. e �' "" school for the City of Jeffersonville. While the proposed °.s :� 4• , -, , '.s' ` ' - I request does not completely align with the h ' I��,, �� o. .t. by • .• 4 „ �P . ), Comprehensive Plan's Future Land Use Map and — �� _ -`p ^ Suburban Neighborhoods Planning District, the construction of a community facility such as this, could be an enhancement to the area. Ultimately, construction of the school would provide a buffer between the low-density residential developments and the commercial developments in Bridgepoint Commons. While Staff feels as though this type of use could be beneficial to this part of the City, the Plan Commission will have to decide if this is indeed the best use of the land formerly slated for a single- family housing development. 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-22-20 to the Jeffersonville City Council with [insert recommendation]as presented to the Plan Commission on June 28, 2022. Page 1 of 8 PC-22-20 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 Existing Zoning The R2 (Single Family Residential —Medium Lot) District is intended to provide a land use category for single-family homes on medium-sized lots. The provisions that regulate this land use district should protect, promote and maintain existing residential areas in the City of Jeffersonville and may 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. Proposed Zoning The "NS" (Institutional Uses) District is intended to provide a land use category for institutionally owned lands, including state, county, and city facilities. The IS district is also intended for social service oriented uses, and similar non-profit or quasi-public institutions where the use is for public purpose and is anticipated to remain so permanently. The Plan Commission and Board of Zoning Appeals should encourage institutional structures and uses to set a standard for development throughout the planning jurisdiction. 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 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 land. 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. While the proposed NS zoning for this property is a departure from the future land use plan, staff feels that the request has some merit. The future land use description for the property"encourages supported uses such as religious facilities."Traditionally, religious facilities are zoned Institutional (NS)which is the requested zoning district by the applicant. Page 2 of 8 PC-22-20 (( \,1\ Legend Public/Institutional \+•'• "+ 0 Recreation/Open Space 1 \' ."!?_` Light Industrial .- ® Heavy Industrial Ellr t� L 1, Business Parkfindustnal 11 1 r�" J Single Family Residential I /Jr y, ®Multi-Family Residential ilI \ ./ Mixed-Residential !I. �,� �.3; y y,Y ,J r MI Mixed-Use-Com/Res ,2. y �q `I ``�V ® commercial It I y\ \\V r---1 Ciry Limits f I .F au: 1 ; Road Future Land Use Plan , r. ' � Legend a Pnmary Gateways SuburbanNeighborhood. � � Tradrttonal- ' ys Neighborhood/Workplace „1/4Suburban Workplace to t £ Suburban.Marketplacetir Traditional Marketplace Regional Marketplace Center' Downtown Hlstonc'Distnct r s 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. The proposed request can be considered departure from the Suburban Neighborhoods Planning District.While the primary scope of this planning district is residential development, Objective SN 1.2 states, "Non-residential development in the neighborhood form district should be allowed only at appropriate locations such as street intersections." However, one of the policy recommendations states "Among the factors to be considered in the determination of compatibility are the appropriateness of the proposed design to the area in which it is to be located, spacing and buffering from adjacent uses of lower density and intensity, proximity to streets with adequate capacity and provision for parking." Page 3 of 8 PC-22-20 Objective 2.7 requires development to "ensure that parking and transit access for uses such as shops, services, libraries, schools and churches is adequate and convenient, does not negatively impact the pedestrian environment, and is located and designed to ensure compatibility with the neighborhood. An additional policy recommendation states, "Improved connections between key destination areas should be developed, such as between residential and commercial areas and between residential areas, parks, and schools. Current Zoning : alit/ ; The subject property is currently zoned R2 (Single /i k 4P Family Residential—Medium Lot). To the east and south N' ,`� 'h are properties zoned R1 (Single FamilyResidential— � Rseo i 'y '` P P ( 9 RC 6P Large Lot.) 'v / >' ' 1 • /p s9 To the north are multiple properties zoned M2 (Multi- - �.'i . ,,°,•N. J °off' Family Residential—Medium Scale)and C2 0 I/ . \, • j • (Commercial—Large Scale). To the west are multiple i . v .,..to different zone districts, including C2 and M2 properties, , ��� µ as well as properites zoned R3 (Single Family Residential—Small Lot)and NS (Institutional). ' s 1 In close proximity to the west is the Bridgepoint `� t , " ��g Commons commercial development. „ f Nt `zF ,' Attachments 1. R2 District Intent& Uses and Development Standards 2. NS District Intent& Uses and Development Standards Page 4 of 8 PC-22-20 Current Zoning Information R2 District (Single Family Residential - Medium lot) R2' 3.38 3.38 R2 District Intent, Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The R2(Single Family Residential- Residential Commercial:Recreation/Fitness Medium Lot)District is intended to •child care/day care(owner- • golf course/country club provide a land use category for single occupied) Communications/Utilities family homes on medium-sized lots. •dwelling single family • public well The provisions that regulate this land • residential facility for •telecommunications facility(other use district should protect,promote developmentally disabled/mentally than microcellular) and maintain existing residential ill(less than 4 units) Institutional/Public Facilities areas in the City of Jeffersonville and Institutional/Public Facilities • church,temple,or mosque may also be used for future housing • public park • public recreation center/pool growth. Miscellaneous Uses Residential The Jeffersonville's Plan Commission • home occupation#1 • dwelling accessory dwelling units1 and Board of Zoning Appeals • residential clubhouse/community should strive to protect this district room from conflicting land-uses such Miscellaneous Uses as industrial and large-scale • home occupation#2 commercial uses as well as non- 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. 3-42 Jeffersonville Unified Development Ordinance Page 5 of 8 PC-22-20 R2 District (Single Family Residential - Medium lot) ; , 3.39 R2 District Development Standards Lot Dimensions Setbacks Other Requirements Lot Width j _._. r r Rear Yard Setback �` �I? Accessory©e f' StnxtureaPP,-N Lot , I Side Yard r—• Primary n tttr/� ScWre Area y bv r S Setback �.,r CI j y � L`• Pr party I /Li rrit irt' ne l I l Lot Building Front Yard I Coverago Envelope 1 Sotback 1 •/�I—Lot Frontage—�R o.W. R.O.W. R.O.W. i / RO.W.-As Defined on Thoroughfare Plan ROM.-As Defined on Thoroughfare Plan ROW.-As Defined on Thoroughfare Plan Minimum Lot Area: Minimum Front Yard Setback:3 Maximum Lot Coverage • 6,500 Square feet12 • 30 ft.when adjacent to an arterial • 50%of the lot area Minimum Lot Width: • 25 ft.when adj.to a local street4 Minimum Residential Unit Size • 45 feet- Minimum Side Yard Setback: • 1000 square feet Minimum Lot Frontage: • 6 ft.for the Primary Structures Minimum Structure Width • 25 feet • 3 ft.for an 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 • 3 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 6,000 square feet being the absolute minimum lot size and 45' --_;' being the minimum lot width. mechanical ''owsn t,exenmt 2. See additional options/incentives for cluster development/conservation chimneys me exempt subdivisons in article 6 3. In an established subdivision the front setback shall be the average of �,"ed Building, the adjacent homes,a 25%reduction may be taken on one face of a Height m 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 roo) 5. On wedge shaped lots along a road curve or at the end of a cul-de-sac, section of flat roof) the setback may be reduced to a minimum of 5 feet so long as the Maximum Structure Height: average setback is greater than 6 feet • 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 3-43 Page 6 of 8 PC-22-20 Proposed Zoning Information NS District (Institutional Uses) Ns, 3.32 NS District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The°NS°(Institutional Uses)District Commercial:General Business Commercial:Auto Sales/Services is intended to provide a land use • child care center(day care) •automobile/truck storage/bus category for institutionally owned •funeral home/mortuary (open air)-no sales lands,inciudingstate,county,and Commercial:Recreation/Fitness •filling/gas station 1 city facilities.The IS district is also • ball fields • motor bus station intended for social service oriented •fraternal organization/lodge/ Commercial:Recreation/Fitness uses,and similar non-profit or quasi- private club • banquet hall public institutions where the use is Institutional/Public Facilities Communication/Utilities for public purpose and is anticipated • church,temple or mosque • public wells to remain so permanently. • community center/senior center •sewage treatment plant The Plan Commission and Board of • government building •telecommunications facility(other Zoning Appeals should encourage • government offices thanmicrocellular) institutional structures and uses • library • utility substation to set a standard for development • museum Institutional/Public Facilities throughout the planning jurisdiction. • police/fire station •cemetery/mausoleum/ • post office crematorium • public park • hospital • public recreation center/pool •school,higher education-single •school,elementary/secondary facility •school,higher education-campus •substance abuse treatment- •substance abuse treatment- inpatient outpatient(counseling only) •substance abuse treatment- outpatient • Residential •assisted livingfacility •child care institution(children's home) •nursing home • residential facility for developmentally disabled/ mentally ill(less than 4 units) • residential facility for developmentally disabled/ mentally ill(more than 4 units) Additional Notes: 1. Only where accessory to another use listed on this table;otherwise see convenience store with gas pumps. 3-36 Jeffersonville Unified Development Ordinance Page 7 of 8 PC-22-20 NS District (Institutional Uses) N 3.33 NS District Development Standards Lot Dimensions Setbacks Other Requirements F Lot Width --; IRear Yard E — 1 0 Setbacko 4l E CO (Sructures �' Side 0 ,. 0, Area Y n� Yard s. Structure y I /is9 F. Yard 7.9 I a Y +'t' E`s T&' 'SW;'t+� AD a/W .c#aI yr: `ProPerlY 40 1 I i r 4 AUS ( q Una 7'r t Lot s Building Front Yard' I Coverage E Envelope 1 Setback 1 a..' �� , LotFronitage R.O.W. !/ R.O.W. R.O.W. l ! RO.W.=As Wined an Thwwghforo Men RO.W.=As Deffroxl on Tlmuyhtom Pun RO.W.=As Defined on Ttrorcughfnn Pton Minimum Lot Area: Minimum Front Yard Setback:1 Maximum Lot Coverage: • 10,000 sq.ft. • 35 ft.when adjacent to an arterial • 65%of the lot area4 Minimum Lot Width: • 25 ft.when adjacent to a local street Minimum Main Floor Area: • 70 ft. Minimum Side Yard Setback: • 900 sq.ft.min.for primary struct. Minimum Lot Frontage: • 15 ft.for the Primary Structure2 • 65 ft • 5 ft.for an Accessory Structure2 Sewer and Water: Minimum Rear Yard Setback: • Requires municipal water and • 20 ft. for the Primary Structure3 sewer hookup • 5 ft.for an Accessory Structure3 Height Miscellaneous Notes: 1. Where located in the Downtown or Downtown-adjacent neighborhoods, Accessory Structures the front yard setback may be reduced to the average of the adjacent / structures at the discretion of the Planning Director. aehp 2. Where located in the Downtown or Downtown-adjacent neighborhoods, chimneys ens exempt the side yard setback for primary structures may be reduced to 5 feet; the side yard setback for accessory structures may be reduced to 2 feet. `shot }Bullding 3. Where located in the Downtown or Downtown-adjacent neighborhoods, Height the rear yard setback for primary structures may be reduced to 12 feet; Flat Roof Structures Gable Roof Structures the side yard setback for accessory structures may be reduced to 2 feet. (from highest (from highest gable roof) 4. Where located in the Downtown or Downtown-adjacent neighborhoods, section of flat root) the maximum lot coverage may be increased to 85%. Maximum Structure Height: • Primary Structure:35 ft. •Accessory Structure:25 ft. See Article 7 for additional development standards See Article 8 for additional use-specific standards Article Three:Zone Districts 3-37 Page 8 of 8 PC-22-20