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Home My WebLink About2023-OR-44 Ordinance of Rezoning of Property Located at 5412 Hamburg Pike STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2023-OR- 7Mq AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 5412 HAMBURG PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R2-SINGLE FAMILY RESIDENTIAL-MEDIUM LOT TO I1-BUSINESS PARK/LIGHT INDUSTRIAL Whereas, MP Decorative Concrete, LLC filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 5412 Hamburg Pike and fully described in the attached Exhibit A from R2-Single Family Residential- Medium Lot to I1-Business Park/Light Industrial 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 5412 Hamburg Pike and fully described in the attached Exhibit A is hereby changed from R2-Single Family Residential- Medium Lot to I1-Business Park/Light Industrial. 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 VOTED FOR: VOTED AGAINST: pti,c2L- 14)11 Matt , President ATTEST: ./}:)//a Lisa Gill City Clerk Prepared by: Les Merkley Corporate Counsel CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley,Corporation Counsel/Director of Legal Affairs Gfi?Y p� ur 812-285-6493 office W ��jj�ii►�`' t 812-285-6403 fax www.cityofjeff.net �\SOS' v 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 5412 HAMBURG PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R2 (SINGLE FAMILY RESIDENTIAL-MEDIUM LOT) TO 11 (BUSINESS PARK/LIGHT INDUSTRIAL) NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 5412 HAMBURG PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R2 (SINGLE FAMILY RESIDENTIAL-MEDIUM LOT)TO I1 (BUSINESS PARK/LIGHT INDUSTRIAL) 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 5412 HAMBURG PIKE that received a Favorable Recommendation by the Plan Commission from R2-Single Family Residential- Medium Lot To I1-Business Park/Light Industrial. 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: dsuddeathvii;.rtesandtribune.com Via Email to: noAsroom a ne ..sandtl ihune.com Posted to: wtitA}_.c o icff.net STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF: MP Decorative Concrete LLC I PC-23-16 TO REZONE CERTAIN TRACT: 10-21-04-800-168.000-009 FROM: R2 (Single Family Residential - Medium Lot) toll (Business Park/Light Industrial) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, MP Decorative Concrete 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 R2 to 11 ; Docket number PC-23-16 ; 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): avorably Recommen s / Unfavorably Recommends/ Provides NO Recommendation that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from R2 toll as requested in the petition of MP Decorative Concrete LLC I PC-23-16 • So certified this 27th day of June 2023 \sv,\A.A. ( toik 21:1_ Chairman GO.y Op. Plan Commission ►W Staff Report June 27, 2023 14; 1 Case No: PC-23-16 T +' Location: 5412 Hamburg Pike oT ��....A Applicant: MP Decorative Concrete LLC Current Zoning: R2 (Single Family Residential- Medium Lot) FJ� Proposed Use: Residential�4g014 Council District: District 4— Scott Anderson Request Rezone property from R2 (Single Family Residential- . - ,ot Medium Lot) to I1 (Business Park/Light Industrial). '� _ . 1 «. Case Summary ��-, t� -"'""; The applicant is proposing to rezone the parcel to allow for '' ' - a building/civil contractor business with some light . . manufacturing of concrete products. °' - � • Staff Finding/Opinion • The proposed rezoning will convert a former residential ` � `. . t. • property into a light industrial business. While the 11 zoning - 7,\ district is not in concert with the Future Land Use Map's designation of Mixed Use- Commercial/Residential, this area continues to be more industrial in nature. Complicating matters, the property is in the floodplain of Lick Run and is unlikely to be developed in a typical commercial or residential manner. Due to these unique factors, Staff approves of this rezoning request. 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-23-16) to the Jeffersonville City Council with (insert recommendation] as presented to the Plan Commission on June 27, 2023. Page 1 of 9 PC-23-16 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 Intent Current Zoning f; `° The subject property is shown in the zoning map to the right. The property is zoned R2 (Single s, _ _ Family Residential- Medium Lot). Adjacent r y,. . ,r►► properties are zoned R2 (Single Family Residential- Medium Lot) to the North and East, z. C1 (Commercial: Medium-Scale) to the South, and 11 (Business Park/Light Industrial) to the - West. ., ^ District Intent: Existing 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 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. Proposed The "11" (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 I1 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 Mixed Use land use classification in the Future Land Use Map as shown below. This use blends a combination of residential, commercial, cultural, institutional, or industrial uses, or allows solely commercial uses. It can be one building, an urban, suburban, or village development. The blend should be physically integrated and functionally related to create a center or community. This use typically creates a greater variety in housing, reduced distances between housing, workplaces and amenities, more compact development, stronger neighborhood character, and should be pedestrian and bicycle friendly. Page 2 of 9 PC-23-16 Legend Public/Institutional Recreation/Open Space 6 Light Industrial R 2 65 - Heavy Industrial -Business Park Industrial Single Family Residential - Mufti-Family Residential Mixed-Residential 1044 MIMixed-UseUse-Com/Res IP• Commercial City Limits IA& Road Future Land Use Map Legend 47 Primary Gateways Suburban Neighborhood Traditional Neighborhood/Workplace - - Suburban Workplace IlltSuburban Marketplace Traditional Marketplace Regional Marketplace Center Downtown Historic District Planning Districts Map 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. Additional Notes • Insert Note or "None" Attachments 1. Current Zoning 2 pg. Layout 2. Proposed Zoning 2 pg. layout 3. Letter of Intent Page 3 of 9 PC-23-16 Current Zoning Information R2 District (Single Family Residential - Medium lot) i 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 units' 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 342 Jeffersonville Unified Development Ordinance Page 4 of 9 PC-23-16 R2 District (Single Family Residential - Medium lot) R2 3.39 R2 District Development Standards Lot Dimensions Setbacks Other Requirements Lot Wan -TRW Yard Structures %. Ldse • p "" s-r-.E). Sde ! Prt^rY — vvd i. — Structureii Setback 0 Property Cr Una r Lot i.. Building Font rind Coverage Emeinds Setback / - .-a Frontage -ROW / ROW R O W / R o W• .o.in.on T1vo ten Plan / R.O.W.• ,Derma on ti•Plan ROW•N Waled on Thoroarlar•Paw Minimum Lot Area: Minimum Front Yard Setback:3 Maximum Lot Coverage • 6,500 Square feet'2 • 30 ft when adjacent to an arterial • 50%of the lot area Minimum Lot Width: • 25 ft when adj to a local street' Minimum Residential Unit Size • 45 feet' Minimum Side Yard Setback: • 1000 square feet Minimum Lot Frontage: • 6 ft for the Primary Structure' 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 Struchires with 6,000 square feet being the absolute minimum lot size and 45' being the minimum lot width. i'°1ef sa'^0' •,• 2. See additional options/incentives for cluster development/conservation •'•"p' subdivisons in article 6 3. In an established subdivision the front setback shall be the average of wet Sulking the adjacent homes,a 25%reduction may be taken on one face of a Height corner lot Flat Roof Structures Goble Roor Structures 4. At corner lots on local streets,the front setback may be reduced to 20' It1O1""°"e t Thom"'0"t 5abW roo0 5. On wedge shaped lots along a road curve or at the end of a cul-de-sac. sector or let-our) 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 1 Article Three:Zone Districts 3-43 Page 5 of 9 PC-23-16 Proposed Zoning Information II District (Business Park/Light Industrial) i> 3.16 11 District Intent. Permitted Uses. and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"I1"(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 engine 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) use this district for"spot zoning" •• cross fit/training center •telecommunication facility The Plan Commission and Board Communications/Utilities • utility substation of Zoning Appeals should strive • intemet server facility Industrial Uses to minimize lighting parking lots • utility maintenance yard • bottled gas storage/distribution fronting major streets,excessive use industrial Uses • industrial storages of signs,and traffic conflicts in the t1 •flex space Institutional/Public Facilities District • manufacturing light •church,temple, mosque,etc Buffering should be strictly upheld •offices(associated with mfgfacilityl • police/fire station • research center/laboratones • public recreation center/pool and outdoor storage discouraged •trade shop(s)PO • 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 lAgricuttural Uses/Service '•farm equipment sales/service Commercial:Auto Sales/Services • auto accessory installation • auto body repair shop • auto repair,major' •auto repair,minors • 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 6 of 9 PC-23-16 11 District (Business Park/Light Industrial) �1J 3.17 11 District Development Standards Lot Dimensions Setbacks Other Requirements Lot WM - - . 'Rear Yard..... .. .. Setback �) `-' .� J) ' ' Accessory _ 7(y� Strictures 'Lot _ Sde ' _ - oMrrwrr Nru tba : - Structure 4 SalDect ❑ Q 0 r LProperty •ine Lot S Budding Front Yard Coverage Ematopa Setback ' LOtFront*, RO.W R.O.W. R O W now.-A Derma on rr rageae P4r :W=y Jom.ea vi"^a°`Yrm•r•Plrn ROW.A Deemed m Theatres. .omn Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage: • 2 acres(87 120 sq ft) • 35 ft when adjacent to an arterial • 653 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 Structure' • 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 Snuauree 15 feet where they abut another industrially zoned property. _ 2. Side and Rear Yard setbacks for accessory structures may be reduced to �"r �^•� ,• 5 feet where they abut another industrially zoned property. 3. See height exceptions in Article 3.1.0 • nu-i Height Flat Roof 9nmco,es (labia Roof 91.nuarrtse (Iron helmet (horn highest gab*root) section of flat roof) Maximum Structure Height: • Primary Structure 45 ft.3 •Accessory Structure 35 ft See Article 7 for additional development standards See Article 8 for additional use-specific standards Article Three:Zone Districts 3-21 Page 7 of 9 PC-23-16 Letter of Intent NARRATIVE This narrative is submitted as part of the petition of MP Decorative Concrete, LLC, an Indiana limited liability company("MP")for Rezoning of approximately 4.01 acres located at 5412 Hamburg Pike,Jeffersonville,IN 47130.which is identified as Parcel Number 10-21-04-800-168.000-009(the "Property")from R2,to II. There is currently located on the Property a residential structure and a pole building.The residential structure is currently vacant. The Affidavit& Consent of the Property Owners, Keith and Cathy Marshall,is submitted with the Application. Prior to the submission of the Application, the owner of MP meet with representatives of Jeffersonville Plan Commission and discussed the Property,the proposed use of the Property and the proposed Application for Rezoning. While MP currently operates its business out of a facility in Louisville,Kentucky,the owner is from Crawford County,Indiana,and desires to locate an operation in the Southern Indiana area to serve its Hoosier clients. At this time,the business focus is on decorative concrete floors,walkways and concrete countertops, for both residential and commercial applications.Most of the services provided by MP are completed at the installation site. The near term proposed operations on the Property would include vehicle storage and countertop production.The production activities would not involve the delivery of concrete to the Property as the concrete for the products manufactured on the Property would be mixed in small batches,on site. Many of MP's employees would initially come to the Property,collect the tools and materials for a project and then go to the client's site for installation, pouring, finishing, etc. The residential structure on the Property would be used, in part, as a showroom and for meetings with clients,as well as office space. The Property is located in a transitional area of Hamburg Pike. The two tracts southerly from the Property are zoned Cl,the tract northerly,while currently zoned R2,is used for business purposes and several tracts westerly of the Property, across Hamburg Pike, are zoned II. An aerial of the Property showing current zoning of the Property and the adjacent area is attached. Nearly all of the Property is in the AE Fringe floodplain designation and a portion is in the AE Floodway. An aerial of the Property with floodplain designations is attached. The floodplain classification does not promote the residential use of the Property.The AE Floodway area provides a natural buffer between the Property and tracts to the east of the Property which are zoned R2.Any additional structures which might be located on the Property would be placed in the area nearer to Hamburg Pike,to avoid the AE Floodway designated area. Further,MP would conduct very little activity on the Property after normal business hours so there would be no significant noise or light impact on nearby tracts. Thus, MP's operation would not adversely affect the land values in the surrounding area. The elevation of Hamburg Pike in the area of the Property is relatively flat providing excellent visibility both directions, from where the entrance to MP's business would be located. Page 8 of 9 PC-23-16 The Jeffersonville Unified Development Ordinance(the"Ordinance"),when describing the District Intent for the II District,states that"District is intended to provide a land use category for most low to moderate impact business park and light industrial facilities." MP's production of concrete countertops and other smaller flat concrete products, falls squarely within the meaning of a light industrial facility. Additionally,the Property would house the equipment required for the offsite production,installation and finishing of concrete floors with both interior and exterior applications. At the Property,the production would be"light".Consequently,the type of facility that MP would have on the Property fits well within the I1 District. The Ordinance goes on to say that "Jeffersonville's Plan Commission should strive to use this district to develop a contiguous area,or cluster for commerce and job creation." The operation of the Property by MP will mean that the current employees will become tax payers in Jeffersonville. With tracts westerly across Hamburg Pike now being zoned I1,the Rezoning of the Property to I1 fosters the Ordinance's desires to develop a "cluster for commerce" and would not be a "spot zoning" which is discouraged by the language of the Ordinance. The clustering of the Property within the same zoning district as those tracts across Hamburg Pike is responsible development and growth.The Rezoning of the Property to II,fits well within the intent of the District as set forth in the Ordinance. A permitted uses within the 11 District include"civil contractor","manufacturing:light"and"offices (associated with mfg facility)".These are the predominate proposed uses of the Property by MP. The Rezoning of the Property to II and,given intended use,the location of MP's business on the Property,is believed to be fully compatible with the Ordinance. Misty Poe, uthorized representative of MP Decorative Concrete LLC Page 9 of 9 PC-23-16