HomeMy WebLinkAbout2022-OR-53 Ordinance Changing the Zoning For Property Located at 4405 Hamburg Pike From I1 to PUD-Planned Unit Development STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE 2022-OR- 53
AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF
PROPERTY LOCATED AT 4405 HAMBURG PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A-
FROM I1-BUSINESS PARK/LIGHT INDUSTRIAL TO PUD-PLANNED UNIT DEVELOPMENT
Whereas, Koetter Five Star Properties Indiana, LLC filed a petition before the
Jeffersonville Plan Commission to change the zoning map designation of the real property
located at 4405 Hamburg Pike and fully described in the attached Exhibit A-from 11-Business
Park/Light Industrial to PUD-Planned Unit Development and,
Whereas, on August 30, 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 September 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 zoning designation of the real property located on a portion of 4405 Hamburg
Pike and fully described in the attached Exhibit A is hereby changed from I1-Business Park/Light
Industrial to PUD-Planned Unit Development.
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 6th day of September, 2022.
Common Council of the City of Jeffersonville, Indiana
VOTED
FOR: / VOTED AGAINST:
J ;
(47(
Matt , President
ATT,EST�Gill
Lisa�
City Clerk
Prepared by:
Les Merkley
Corporate Counsel
CITY OF - I E F F E. R SO N V 1 L L E
fDEPARTMENT,OF LAW
Les Merkley,Corporation Counsel/Director of Legal Affairs
rT�Y per. _ ::. -
A.
'� ; 812.285-6493 office
`ess�° 812 285 6403 fax.:
'— i www.cityofjeff.net r 1
.C. SO��w ;`Jeffersonville 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 4405 HAMBURG PIKE
AND FULLY DESCRIBED IN ATTACHED
EXHIBIT A FROM II-(BUSINESS PARK/LIGHT INDUSTRIAL)TO PUD-(PLANNED
UNIT DEVELOPMENT)
NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP
DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 4405
HAMBURG PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A-FROM I-1
(BUSINESS PARK/LIGHT INDUSTRIAL)TO PUD (PLANNED UNIT DEVELOPMENT.
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 4405 Hamburg Pike as recommended by the
Plan Commission from II-Business Park/Light Industrial to PUD-Planned Unit Development.
A public hearing will be held on September 6,2022 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.
______ 'Ik"-l'Avj."''6'"--
Les Merkley
Corporation Counsel
Jeffersonville City Hall
500 Quartermaster Court
Jeffersonville, IN 47130
'(812)285-6423
POSTED AND EMAILED ON August 31, 2022
TO THE FOLLOWING:
Via Email to: dsuddeatli( newwsandtribune.com
Via Email to: ne\.sroomri.Thlewsandtribune.com
Posted to: ti\\k•t\.city ofjefi.net
STATE OF INDIANA
B EFORE,THEJEFFERSONVILLE PLAN COMMISSION .
IN:RE THE APPLICATION OF:
Koetter Five'Star Properties Indiana, LLC [.PC-22-28
TO .REZONE CERTAIN TRACT: Specifically,two parcels:
Generally;-two:parcels:in the 4100 block of Hamburg .Pike 10-21=03-300-059..000-009
- - ... - .
FRONT
10 2.T 03 300 061.000 009
1-1 to:PUD:
CERTIFICATION:OF'F a VORA LE/UNFAVORABLE/NO RECOMMEND .�TION
®F:. . PROPOSED ORD1111ANCE :.
Whereas, Koetter Five Star Properties Indiana, LLC filed a petition before the
Jeffersonville Plan'Commission to'changethe zoning designation.of the:property
described in attached.Exhibit A (the"Prop_e rty") from l-1: to PUD ::: Docket
.number PG22-28 •and,
Whereas; after proper notice by publication, the Jeffersonville.Plan Commission held a
public:hearing on the:petition on •Auqust.30;.2022 and;
Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by
: a majority vote of:its:entire mernbership: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 August;30,;2022 the Jeffersonville Plan
Commissi le one):
F vorably Recom ends:/Unfavorably Recommends/Provides NO Recommendation
that the Jeffersonville Common.Council enact by-ordinance the proposed zoning -
-designation change of tho property from• I':1 to:PUP as requested in the petition of
Koetter Five Star:Pro perties lndiana; LLC• . . .
So certified this 30th day of Auciust: , 2022
Chairman
1
G�Ty Oik• Plan Commission
116 Staff Report
y August 30, 2022
W apAti,-, � o
N Case No: PC-22-28
�.. La ' Location: 4405 Hamburg Pike
Applicant. Koetter Five Star Properties Indiana, LLC
U Current Zoning 11-(Business Park/Light Industrial)
`� Proposed Use: Multi-Family Residential
SOt Council District: 2=Bill Burns '
Request
Rezone property from 11 (Business Park/Light Industrial)to r w;
PUD (Planned Unit Development). }, `
Case Summary
The applicant is requesting to rezone the subject property to r.. � ' , '7-=V1
make it part of Jeffersonville Town Center. Once rezoned,
. ai
the applicant plans on submitting plans for a multi-family - .1''
r '
residential development that will mirror the Slate apartments
to the northeast. The applicant is also making minor fly , I
adjustments to the PUD booklet that reflect changes to the P— —
City's Zoning Ordinance since the PUD was created in 2005. l w� t;
Staff Finding/Opinion ' ; : • W7 yam•
While the area to be rezoned is currently zoned for industrial development and is shown to remain
industrial in the future land use map; it is disconnected from the adjacent industrial properties by Lick
Run. As such, it seems more suitable to be added to the adjacent Jeffersonville Town Center to which it
is connected. The area of the PUD slated for multi-family development was planned to be office/retail
when the PUD was drafted in 2005. Given changes in the economy and the extensive commercial
development south of Veterans Pkwy, this may not make sense any more. The PUD Booklet for
Jeffersonville Town Center does allow for Multi-family uses and this may be the best use for this site.
The minor edits to the PUD booklet will allow a similar project type to the adjacent multi-family
development and an equivalent to what would have been allowed under the PUD prior to zoning code
updates in 2021.Staff feels that the proposed project will be beneficial to the surrounding commercial,
properties and a good fit for 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 one of the following
options: Favorable Recommendation, Unfavorable recommendation, or No Recommendation.
Recommended motion
"I make a motion to forward the rezoning request PC-22-28 to the Jeffersonville City Council with
[insert recommendation]as presented to the Plan Commission on August 30, 2022.
Page 1 of 7 PC-22-28
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 "I1" (Business Park/Light Industrial) District is intended to provide a land use category for most low
to moderate impact business park and light industrial facilities. This district can by used adjacent to all
other commercial districts, and the M1 and M2 residential districts.
Jeffersonville's Plan Commission should strive to use this district to develop a contiguous area, or
cluster for commerce and job creation. The Plan Commission should not use this district for"spot
zoning."The Plan Commission and Board of Zoning Appeals should strive to minimize lighting, parking
lots fronting major streets, excessive use of signs, and traffic conflicts in the 11 District.
Buffering should be strictly upheld and outdoor storage discouraged.
Future Land Use Map and Planning Districts
The property to be developed falls within the Business Park/Industrial land use classification in the Future
Land Use Map as shown below.These areas have the potential to be developed as light industrial, office,
flex-space (office and warehouse), or as a campus of different businesses within the same industry or
several buildings serving one business.
While the proposed project for this property(upon successful rezoning) is a departure from the future
land use plan, Staff feels that the proposed rezoning is justified. Since the property to be rezoned is
separated from the adjacent industrial properties by Lick Run, it is more suitable to be added to
Jeffersonville Town Center to which it is physically connected.
The proposed land use is also a departure from the commercial land use shown on the future land-use
map, but reflects changing conditions in the commercial marketplace and a need for more housing to
support commercial development.
�.., - >,,- -- , Legend
,\ '� illPublic/Institutional
_1 p �1 ,�i / � t=; RecreationlOpen Space
;; 1 Ij .ty. h `� Light Industrial
I
Heavy Industrial
I
t 174l;tr 4 � 1 y,h„; ®Business Park/Industrial
,g
I <_-ICk - itEX Single Family Residential
Rtulti-Family Residential
tra Mixed-Residential
i, a _ - Mixed-Use-Com/Res
A - Commercial
I
j_ Ei City Limits
! _ `-`�__=- -j- Road
I
�.
Future Land Use Plan
Page 2 of 7 PC-22-28
Legerlifd r
P m ry Gateways#
k 'Suburban Neighborhood
';Traditional •
,._ Ne ghborhood/Workplace
i j;}�� 31 ,
1 "Suburban►UJorkplacer
L 1Suburban7Marketplace
k r
A; kTraciUonal Ma ketplac ;,IN �, ,
_ f N 4 '
f!, , • 2egtonaNlaetplace Cent
r
l=' r "+ ViO"a cd
ZFiDowntow-Wrstonc,Disn
_ ., li6,a PW „„ u4E „• 968.
Planning Districts Map
The following are descriptions of these planning districts from the Comprehensive Plan.
1
Suburban Workplace
A-Suburban Workplace is a form characterized by predominately industrial and office uses where the
buildings are set back from the street in a landscaped setting. Suburban workplaces often contain a
single large-scale use or cluster of uses within a master planned development. New larger proposed
industrial uses are encouraged to apply for a planned development district.
While the Suburban Workplace planning district does not necessarily call for residential uses, the
transformation of the area lends itself to accommodating this type of proposed use. There are goals
and objectives in the suburban workplace that calls for development at the perimeter of the workplace
district that is compatible with adjacent districts (Objective WP 2.2). This area does abut a Regional
Marketplace planning district that specifically call for higher density multi-family residential
developments (Goal RMC 3, Objective RMC 3.1.)
Current Zoning -?-!r ------am------ ,
The subject property is currently zoned 11 (Business "°$ �_ °� , * r`
Park/Light Industrial). To the east is property zoned M3
(Multi-Family Residential —Large Scale). To the south is �I _� i ' � ,
the Jeffersonville Town Center Planned Unit Development 4 -' z. ) ' 1. rk
(PUD) r r h 4
The subject property is bordered to the west by US Hwy 31 y= !t {
and Lick Run. On the other side of Hwy 31 is the town of t:- = : 'l `"
Clarksville. aLi E. il ,-'it. " ,g,_ *
AttachmentsiftP l ari 1
,
1. Existing.II District Intent& Uses and Standards
2. PUD area exhibit
3. Proposed PUD Revisions - -
Page 3 of 7 PC-22-28
Existing 11 District Intent&Uses,and Standards
r ,
11 District (Business Park/Light Industrial) 0
3.16 II District Intent,Permitted Uses,and Special Exception Uses
District Intent Permitted Uses Special Exception Uses
The"11"(Business Park/Light •commercial truck sales Agricultural Uses/Service
Industrial)District is intended to •filling/gas station(accessory)2 •comm.storage/processing of
provide a land use category for most •recreational vehicle sales/service agricultural products
low to moderate impact business -small engne repair Commercial:Auto Sales/Services
park and light industrial facilities. ' Commercial:Food Sales/Services • motor bus station
This district can by used adjacent to •Microbrewery/Microdistillery Commercial:General
all other commercial districts,and Commercial:General •storage;outdoors
. the M1 and.M2 residential districts. •bldg./landscape/civil contractor 3 Communications/Utllltles
Jeffersonville's Plan Commission •kennel,commercial • electrical generation
should strive to use this district to , •mini-storage facility • pipeline pumping station
develop a contiguous area,or cluster •sign fabrication • public well
for commerce and job creation. •storage:indoor • radio/tv station
The Plan Commission should not Commercial:Recreation/Fitness • recycling center(public)
•cross fit/training •telecommunication facility
use this district for spot zoning Communications Utilities
The Plan Commission and Board • intemet server facility industririal substation
of Zoning Appeals should strive
to minimize lighting parking lots I • utility maintenance yard • bottled gas storage/distribution
fronting major streets,excessive use Industrial Uses • industrial storages
of signs,and traffic conflicts in the 11 j •flex space Institutional/Public Facilities
District. • manufacturing light •church,temple,mosque,etc.
Buffering should be strictly upheld •offices(associated with mfg facility) • police/fire station
•research center/laboratories • public recreation center/pool
and outdoor storage discouraged.
•trade shop(s) •substance abuse treatment-
•warehouse/distribution/wholesale outpatient
Institutional/Public Facilities •school,higher ed.-single facility
•public park
•school,higher ed.-single facility
•substance abuse treatment-
outpatient(counseling only)
Miscellaneous
•accessory uses
Permitted Uses
Agricultural Uses/Service
•farm equipment sales/service
Commercial:Auto Sales/Services
•auto accessory installation
•auto body repair shop
•auto repair,majors
•auto repair,minor1
•auto parts sales
•auto rental Additional Notes:
•auto sales;limited or no services 1. See definition in Article 12
•auto sales;with showroom and/or 2. Only where accessory to another approved use in this district
full services 3: With or without outdoor storage .
•auto wash 4. Enclosed with privacy fence
•auto/truck/bus storage-no sales 5. Not accessory to another use
• boat sales and service
3-20 , Jeffersonville Unified Development Ordinance
•
•
Page 4 of 7 PC-22-28
11 District (Business Park/Light Industrial) (11J
3.17 11 District Development Standards
Lot Dimensions Setbacks Other Requirements
Lot Width I
_ ........._ r..... —r- _ ______
Rear Yard .._..
k,tr
semi ,,�`
( Accessory @ 0
Structures-N.,
tal
Let1./-* tf Side 411IDn 41.1r Perry f
s Yard s--- I11 SWcture );l`m
Area Setback -^, h 9j I
$ c) ® IIIIIfe � ,,
• • • k x.
3
Line d Cav ,
Building Front Yard
Envelope j Setback:. ,
I t 1 1 2 1 1 I
/4__ Lot Frontage —{R.O.W. /' R.O.W. , R.O.W.
R.O.W..As Oened on There trfnm Plan 'R.O.W.-As Defined on Thoroughfare Plan R.O.W.-An Darned on Thoroughfare Plan
Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage:
• 2 acres(87,120 sq.ft.) • 35 ft.when adjacent to an arterial • 65%of the lot area
Minimum Lot Width: • 25 ft.when adjacent to a local street
• 200 ft. Minimum Side Yard Setback
Minimum Lot Frontage: • 30 ft.for the Primary Structure1
•80 ft •20 ft.for an Accessory Structure2
Minimum Rear Yard Setback
•30 ft. for the Primary Structure)
• 20 ft.for an Accessory Structure2
Height Miscellaneous Notes:
1. Side and Rear Yard setbacks for primary structures may be reduced to
Accessory Structures 15 feet where they abut another industrially zoned property.
2. Side and Rear Yard setbacks for accessory structures may be reduced to
ovror% 'g aw
n
1ctiimays are
• 5 feet where they abut another industrially zoned property.
(` '1111 3. See height exceptions in Article 3.1.0
T—
tithed Building•
® Height
Flat Roof Structures Gable Roof Structures
(from highest (from highest gable roof)
section of flat roof)
Maximum Structure Height:
• Primary Structure:45 ft.3
•Accessory Structure:35 ft.3
See Article 7 for additional development standards
See Article 8 for additional use-specific standards
Article Three:Zone Districts 3-21
Page 5 of 7 PC-22-28
Proposed PUD Exhibit
AWETLAND EASEMENT ?i �.C-,
REZONING/ADDED TO DEVELOPMENT ; t}�'
PD-M3 AREA=8.74 ACRES t
ElREVISED AREA OF PD DEVELOPMENT -
PD-M3 AREA=9.62ACRES �`• \ -,.: ,'
PART OF AREA'A' r = ^j•'%'
USE RESTRICTIONS INCLUDE 1 , f
•BUILDING NOT TO EXCEED 50% '< , �Y \\. Z- ':>,
, /,''
OF FRONTAGE ALONG VETERANS / ` a 'r.
.-
PKWY.OR HWY.31 r/.' : :2
-BUILDING NOT TO EXCEED A `'� ''
SINGLE STORY IN HEIGHT(26 FT.) t tip.,7"‹, 7,\,/
CREEK / )4'
lilt �\ ._;a. `
APARTMENT BUILDINGS ARE 3- `' L
fi \'''
STORIES AT B UNITS I FLOOR � ,✓. -• .t
24 UNITS TIMES 11 BUILDIN A, ` fy ` J.
=264 UNITS TOTAL ,-3
424 PARKING SPACES O �_1 �/
1.6 SPACE/UNIT i
1 _---/ 1':-.7'''''$"; s:.-- '4•":04ti..... I
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4N
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i \` r Viz.I�- ; \Page 6 of 7 PC-22-28
Major Proposed PUD Revisions
Major Changes to Jeffersonville Town Center-North PUD Booklet
I-B. Proposed Name of Development—Jeffersonville Marketplace at Jeffersonville Town Center
Ill. List of Permitted Uses
Residential _ -
�• t,73 standards from the Cit ,of Jeffersonville Unified Development Ordinance(PUDO)shall apply toJ
residential use
V-A-6 Maximum Structure Height
Maximum Structure Height
• Fifty Fire(50 feet for Primary Structure
• Twenty(20)feet for Accessory Structures
V-B-5-2-D Developer Perimeter Planting
D. Perimeter Plantings as required by this part may be planted as Site Trees internal to the site'
to minimize encroachment into existing vegetation areas along streams,utilities andfor overhead
'electric lines and easements1
V-B-5-(4) Non Out-Parcel Landscaping
(4) Non-Outparcel Landscaping
One twenty(20)sq.ft.(e.g.2 feet X 10 feet)planting area,pole with hanging plant(s),tree(s)and/or
shrubbery will be provided per every fifty(50)linear feet of sidewalk along the,front façade of the
building(see Figure 2)_ In addition,developer will encourage a combination of planting areas and
hanging plants between parking lot curbs and buildings.1.its requirement doesn't apply to multi-j
Family uses.
V-B-7-D Cut/Fill Grade
D. Cut 1 Fill Grade: No cut or fill grade may exceed a slope of 3:1 or 33-1/3 percent This
provision applies to all cuts and fills exceeding 100 s uare feet in exposed surface area,including
cuts or fills on land naturally exceeding 3:1 in slope_ rhis requirement doesn't apply to multi
family uses)
V-B-10-U Parking Standards
r ) Multi-Family Apartments: Off Street Parking shall be provided at one of thej
ollowing ratios, as determined by the applicant. The selected option shall be
noted on the development plan and calculations provided_
1. 1.5 spaces per dwelling unit, or
2. 1 space per studio or one bedroom unit and 1.75 spaces per unit with more
than 2 bedrooms, ands-
Visitor Parking shall be at a minimum ratio of 1 space per.10 units[
Page 7 of 7 PC-22-28