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Home My WebLink About2023-OR-43 Ordinance of Rezoning of Property Located at 3409 & 3410 Stenger Lane STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2023-OR- V3 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 3409 and 3410 STENGER LANE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1-SINGLE FAMILY RESIDENTIAL-LARGE LOT TO R3-SINGLE FAMILY RESIDENTIAL-SMALL LOT. Whereas, The Elder Company, LLC filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 3409 and 3410 Stenger Lane 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 June 27, 2023 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 17, 2023; 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 at 3409 and 3410 Stenger Lane 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 day of July, 2023. Common Council of the City of Jeffersonville, Indiana VOT`D FOR: VO ED AGAINST: �, e fljs K fellitgalr byity. Matt Owen, President ATTEST: -AZ/U Lisa Gill City Clerk Prepared by: Les Merkley Corporate Counsel CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley,Corporation Counsel/Director of Legal Affairs GAT Y ; W ,, '0 812-285-6493 office N 812-285-6403 fax W www.cityofjeff.net '1". * Jeffersonville City Hall S O 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 3409 AND 3410 STENGER LANE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM RI (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 3409 AND 3410 STENGER LANE 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 3409 AND 3410 STENGER LANE that received a Favorable Recommendation by the Plan Commission from R1-Single Family Residential-Large Lot to R3-Single Family Residential-Small Lot. A public hearing will be held on Monday,July 17,2023 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. Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812)285-6423 POSTED AND EMAILED ON July 5,2023 TO THE FOLLOWING: Via Email to: dsuddeath'Anewwsandtribune.com Via Email to: newsroom+Vnewksandtribune.com Posted to: ww•w.cit\fieff.net STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF: The Elder Company, LLC I PC-23-15 TO REZONE CERTAIN TRACT: 10-19-03-500-778.000-009, 10-19-03-500-769.000-009, 10-19-03-500-740.000-009, 10-19-03-500-807 000-009, 10-19-03-500-741.000-009 FROM: R1 (Single Family Residential- Large Lot) to R3 (Single Family Residential- Small Lot) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, The Elder Company, LLC 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-23-15 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on June 27, 2023 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 June 27, 2023 , the Jeffersonville Plan Commission (circle one): F vorably Recommend / Unfavorabl Recommends/ Provides NO Recommendation th onville Common Council enact by ordinance the proposed zoning designation change of the property from R1 to R3 as requested in the petition of The Elder Company, LLC I PC-23-15 • So certified this 27th day of June 2023 L„ta `"1- Chairman G`T y O� Plan Commission r►W Staff Report June 27, 2023 �j's' o Case No: PC-23-15 t/ _ L. - �- Location: 3409 and 3410 Stenger Lane tfk Applicant: The Elder Company, LLC `v Current Zoning: R1 (Single Family Residential- Large Lot) Proposed Use: Single Family Subdivision �RSQ Council District: District 4 - Scott Anderson Request ; +�R �^ �,as` -� Rezone property from R1 (Single Family Residential- Large F' • Lot) to R3 (Single Family Residential- Small Lot). ` A . .. ; - Case Summary `1 'Y,' ' = : The applicant is proposing to rezone the properties to create 4 a single family residential subdivision. w �' Staff Findinq/Opinion `- While the current zoning allows a single-family subdivision of �`,' • , ` ��^ A ' J ? this type on this parcel, the narrowness of the combined �:,�` a r; parcels and the presence of a 100' wide electrical easement �"` -`- • across the property would make it difficult to develop under the R1 standards. The rezoning request meets the intent of the Comprehensive Plan and is consistent with the Armstrong Farms subdivision directly to the South. Staff recognizes that the project, as designed, will have some negative impacts on Stenger Lane. It does, however, significantly improve street connectivity in the area and opens the door for future development in this 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-23-15) to the Jeffersonville City Council with [insert recommendation]as presented to the Plan Commission on (June 27, 2023). Page 1 of 8 PC-23-15 Staff Analysis for Change in Zoning The following is a summary of staff's analysis of the proposed development as it relates to the land use and development policies of the Comprehensive Plan and Unified Development Ordinance: Current Zoning and UDO Zoning District Intentro' L00Current Zoning The subject property is shown in the zoning map to the right. The property is zoned R1 (Single Family Residential- Large Lot). Adjacent properties are zoned R1 (Single Family - 000eH Residential- Large Lot) to the East, North, and • West, and R3 (Single Family Residential- Small ` �s • Lot) to the South. '• : f - District Intent: R1 (Single Family Residential- Large Lot) • "0, `\ 7, r> The R1 (Single Family Residential - Large Lot) District is intended to provide a land use category for single • j, 1 • 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 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. District Intent: R3 (Single Family Residential- Small Lot) The R3 (Single Family Residential -Small Lot) District is intended to provide a land use category for single family homes on smaller-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 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 rezoned 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. Page 2 of 8 PC-23-15 Legend Publiulnstitutional Recreation/Open Space Light Industrial Sim -Heavy lndustnal Business PadvIndustnal Single Family Residential - Multi-Family Residential j/ Mixed-Residential Mixed-Use-ConcRes - Commercial City Limits Road Future Land Use Map - Legend Primary Gateways Suburban Neighborhood Traditional O Neighborhood/Workplace IIISuburban Workplace - Suburban Marketplace • 9S Traditional Marketplace Regional Marketplace Center '- Downtown Historic District Planning Districts Map The project falls into the Suburban Neighborhoods on the Planning Districts Map. The following is/are description(s) of this planning district 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. Additional Notes • None Attachments 1. Current Zoning 2 pg. Layout (pg. 1) 2. Proposed Zoning 2 pg. layout (both pages) 3. Site Plan Provided by Applicant Page 3 of 8 PC-23-15 Current Zoning Information R1 District (Single Family Residential - Large Lot) ;R 3.36 R1 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 microcellularl promote and maintain existing mentally ill(less than 4 units) Institutional/Pudic 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 4 of 8 PC-23-15 R1 District (Single Family Residential - Large lot) tR1 3.37 R1 District Development Standards Lot Dimensions Setbacks Other Requirements Lot Wide - • 'Rid Yard ® j & s.mea c,ck-) Structures Lot • - Side Prlrr"ry - Area ❑ Yawl ..._ ❑ Structure Q 6 s.m.l 4 • • S./• 0• •f Building front Yard Lot Cage Emu ope Bebbeck Lot cromaDa -R O /W // O / R O W ROW.+A.Donned on rinqo ,w., H 0 w.=4 J•mno on rhvorglrYn Plan ROW•As OsAnsl m Tlvu#hn Plan Minimum Lot Area: Minimum Front Yard Setback:3 Maximum Lot Coverage • 9,000 Square feet'2 • 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 feet- Minimum Side Yard Setback • 1,200 square feet Minimum Lot Frontage: • 7 ft for the Primary Structures Minimum Structure Width • 25 feet • 5 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 • 5 ft.for an Accessory Structure Height Miscellaneous Notes: 1. in a new subdivision,up to 20%of lots may fall below this threshold, A1'Swore. with 8,500 square feet being the absolute minimum lot size and 65' being the minimum lot width •°•"r •esor^R 2. See additional options/incentives for cluster development/conservation "'"" subdivisons in article 6 3. In an established subdivision the front setback shall be the average of WWI Bulking the adjacent homes,a 25%reduction may be taken on one face of a Height corner lot Viet Roof Slnawee cape Roof structures 4. At corner lots on local streets,the front setback may be reduced to 20' secfr°"l h'gha" i'to'. "gable MI) 5. On wedge shaped lots along a road curve or at the end of a cul-de-sac. oon 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 7 feet. • Primary Structure.35 feet 6. Where larger structures are allowed per Article 7 the maximum height • Accessory Structure 18 feet-6 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 3-41 Page 5 of 8 PC-23-15 Proposed Zoning Information R3 District (Single Family Residential - Small lot) 4i:33n 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 unit' 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/Pudic 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 acres in size. 3-44 Jeffersonville Unified Development Ordinance Page 6 of 8 PC-23-15 R3 District (Single Family Residential - Small lot) LR 3.41 R3 District Development Standards Lot Dimensions Setbacks Other Requirements Lot War - 'Ran Yard Structures Lot • .� r Sde �. Primary ?y Area taro - ^ Sbuors seance U g �� 3 � ' � 1M P 07 Lot , 4 Bu* Front YardCoverage Hrs in* Setback • - `ot Frontage -RO W RO.W. Zs/. R O W R O.W.•N awns on Tba¢Irn Ran R.O.W.•N Nino,on Tlpgblre Plan ROW.•N 0•e'W an Thonocniare oler Minimum Lot Area: Minimum Front Yard Setback:2 Maximum Lot Coverage • 4.000 Square feet'- • 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, AccsseOfr Structures with 3,500 square feet being the absolute minimum _ 2. In an established subdivision the front setback shall be the average of ,•ry•n the adjacent homes,a 25%reduction may be taken on one face of a ••""" corner lot 3. At corner lots on local streets,the front setback may be reduced to 15' nee Bulking Height F W Roof Structures Gina Roof Structures (from highest thorn Srgtrsst OWN.rod) section of flat roof) Maximum Structure Height: • 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 345 Page 7 of 8 PC-23-15 in m N U a , s d �H�o // _ . ,,,,4, f,4`gyp rtiftiT'If F I . 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