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HomeMy WebLinkAbout2023-OR-77 Ordiance Changing the Zoning at 3513 Holmans Lane to R3 (Single Family Residential - Small Lot) STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2023-OR- / 7 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 3513 HOLMANS LANE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1-SINGLE FAMILY RESIDENTIAL-LARGE LOT TO R3-SINGLE FAMILY RESIDENTIAL-SMALL LOT Whereas, Thieneman Group, LLC filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 3513 Holmans 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 November 28, 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 December 4, 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 on a portion of 3513 Holmans 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 4th day of December, 2023. Common Council of the City of Jeffersonville, Indiana VOTED FOR: VOTED AGAINST: / • OD ,(D,..k- T. tiith. ,-4/67. a Owen, 'res : -nt ATTEST: /� Lisa Gi I City Clerk Prepared by: Les Merkley Corporate Counsel CITY OF JEFFERSONVILLE GAT Y OF 812-285-6400 office 812-285-6403 fax Q � J www.cityofjeff.net '"��J'v Jeffersonville City Hall FRso 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 3513 HOLMANS LANE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Rl (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 3513 HOLMANS 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 3513 Holmans Lane as recommended 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,December 4,2023 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. es erkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville,IN 47130 (812)285-6423 POSTED AND EMAILED ON November 29,2023 TO THE FOLLOWING: Via Email to: dsuddeath@newsandtribune.com Via Email to: newsroom@newsandtribune.com Posted to: www.cityofjeff.net STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF: Thieneman Group, LLC I PC-23-21 TO REZONE CERTAIN TRACT: 10-21-02-101-187.000-009 FROM: R1 (Single Family Residential-Large Lot)to R3(Single Family Residential-Small Lot) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Thieneman Group,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-23-21 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on November 28,2023 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 November 28,2023 , the Jeffersonville Plan Commission cir Favorably Recommends /SJ favorably Recommends/ Provides NO Recommendation that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from R1 to R3 as requested in the petition of Thieneman Group, LLC i PC-23-21 • So certified this 28th day of November 2023 f 1 MC LIC:LEC Chairman 011 i 0� Plan Commission ►►� Staff Report A' November 28, 2023 1u ,,tiort�, G itt* NCase No: PC-23-21 1... 0- W Location: 3513 Holmans Lane 1t1 Applicant: Thieneman Group, LLC 'n `a� Current Zoning: R1 (Single Family Residential— Large Lot) 1 4 Proposed Use: Residential FRSQN Council District: District 2—Bill Burns Request --- Rezone property from R1 (Single Family Residential— Large ' \ ,,, `: ��' Lot)to R3 (Single Family Residential—Small Lot). '. e11 '1` :'� - Case Summary The applicant is proposing to rezone parcel to construct new ;, ; single-family attached homes each on their own lot. f,,,,lb 1,0 Staff Finding/Opinion The proposed rezoning would allow a number of single family-attached homes to be constructed on the property. While the proposed R3 zoning district is of a greater density r' �k��` ' �`, than that of surrounding single-family neighborhoods, a °� " ' ,` number of dense multi-family developments exist nearby .o'" rt t 1} which makes the proposal not out of keeping with the area. Ultimately, the increased density, particularly along an arterial street meets the goals of the City's Comprehensive Plan and, as such, Staff supports the proposed rezoning. 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-23-21) to the Jeffersonville City Council with [insert recommendation]as presented to the Plan Commission on December 4, 2023. Page 1 of 8 PC-23-21 Staff Analysis for Change in Zoning The following is a summary of staffs 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 , ; �,. « ;�:,� The subject property is shown in the zoning map �. T to the right. The property is zoned Cl vV + • .` (Commercial Medium Scale) and R3 (Single \,? } vilex 471pr Family Residential—Small Lot). Adjacent :t properties are zoned IN (Industrial— ;�`�� d � , ; , Neighborhood Scale)to the North, C2 fiAfitft •, , (Commerical—Large Scale)to the East, and C1 '"' • (Commerical—Medium Scale) to the West and South. District Intent: Existing: R1 (Single Family Residential — Large Lot) /14 The R1 (Single Family Residential— Large Lot) District is " • intended to provide a land use category for single 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: Proposed: 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 This property has a Future Land Use classification of Mixed Neighborhood. Mixed neighborhoods are primarily residential in nature. They contain a mix of single and multi-family uses but also have other commercial, industrial, and institutional uses scattered throughout. The residential nature of these areas should be preserved, however, some densification of residential uses may occur throughout. Small-scale commercial areas may be preserved, but not significantly expanded upon. Legacy industrial uses in the area should also not be allowed to expand significantly and, when abandoned, should be encouraged to transition away from industrial use. Page 2 of 8 PC-23-21 i e- • ee i IC � • w �♦ I ♦ ♦ I I� 7 ti / oo / °%, ,0 I// sus(, /'� ; t �® .�// t 1 FUTURE LAND USE i i i Commercial Corridors ci- / ‘ Downtown Mixed Use o / 0 r--� / `I `--' Industrial e/ • �w [ --' Industrial/Commercial % __� Mixed Use ° /I t / I 0') —_ Mixed Neighborhood ` I I , II t` �/ Residential Neighbhorhood Future Land Use Map / ` , 1 < s V(`-- _, \ t I ` � v, N Y V/\\ \` . 7 > 8 / i f' z J. J t: i f ti \ / \ i No. i , 4 1: 1. 1 ' A Pi _4 I. / , Planning Districts Map Planning District 6: West Jeffersonville The West Jeffersonville Planning District is primarily organized along Hamburg Pike, Charlestown Pike, and Veterans Parkway. This area has been developed almost entirely after 1970 and continues to be developed today. There is a mix of uses in the District, but unlike Districts 1 and 2, these uses are highly compartmentalized into industrial parks, commercial centers, and residential neighborhoods. The District should be seen as mostly stable except for the areas around Veterans Parkway that are continuing to develop. The following goals are established for Planning Area 6: • Support mixed-residential and commercial development at Jeffersonville Town Center and adjacent parcels around the Hamburg Pike and Veterans Parkway intersection Page 3 of 8 PC-23-21 • Promote neighborhood-friendly development and densification along Veterans Parkway, Hamburg Pike and Woehrle Road corridors • Support infill development and redevelopment elsewhere where sensible. Uses and development standards should align with adjacent, similarly-zoned parcels to the greatest extent possible • Support industrial development where established along Hamburg Pike. Consider changes to zoning north of 1-265 that allow for further industrial development • Ensure that any new developments or building additions within existing residential neighborhoods are appropriate in elements such as scale, form, and setbacks; • Reserve open space within new developments for recreational uses which serve local residents. Open spaces should be well connected to the street network to ensure public use Additional Notes • None. Attachments 1. Letter of Intent(Below) 2. Current Zoning 2 pg. Layout 3. Proposed Zoning 2 pg. layout Letter of Intent Letter of Intent(written) It is the intent of Thieneman Group,LLC,to construct quality new single-family attached homes each on their own lot in accordance with the zoning ordinance. Page 4 of 8 PC-23-21 Current Zoning Information R1 District (Single Family Residential - Large Lot) r , • 3 37 R1 District Development Standards Lot Dimensions Setbacks other Requirements • Lai Wdh Z • • 40 ,a __' : _ Q Ana ❑ i.t ' ❑ `e I �i . Ce }.. I r - Lot •r r� •W aow V..'' ZKow ` R0w. RO Mt•A.OW.r'bu�fw� -... t R WO A.Wows en •sav►rs MoirpO w•N OrM..-• 011a Minimum Lot Area: Minimum Front Yard Setbacks Maxiosmi Lot Coverage • 9 CO:Sauere feet • 30 ft.when adjacent to en arterial •40k 0f the lot bred Mininomi Lot Width: • 25 ft when edj to a local street2 Minimum Residential Unit Size • 60 feet' Mininurn,Side Yard Setback: • 1,200 square Feet Minimum Lot Frontage: • 7 ft for the Primary Structure3 Minimum Structure Width • _5 feet • 5 ft for en Accessory Structure • 22 feet for et least 60.of its ergi.. Minimum Rear Yard Setback Maximum Primary Structures • 20 ft far the Fninery Structure • 1.Pr,nary Structure • 5 ft for en Accessory Structure Height Miscellaneous Notes: 1. In an established subdivision the front setback shai be the average of Au...wr/9r-.Moro the adjacent homes,a 25%reduction may be taken on ore face of a corner lot •,• 2. At corner lots on local streets,the front setback may be reduced to oNereAry 41.11,40 20 feet • 3. On wedge shaped lots along a road curve or at the end of a cul-de-sac. Oar doadirc the setback may be reduced to a minimum of 5 feet so king as the "'n' average setback es greater than 7 feet Flit pod swards oddse clod fir,:aose 4. Where Larger structures are allowed per Artic'e 7 the maximum height ..OWaeMan Wed peon `°"""'O1'°°r may be increased to 20 feet. Maximum Structure Height: • Pr* an Structure.35 feet • Accessory Structure.18 fee•• rSee Article 6 tor subdivision regulations See Article 7 tor additional development standards See Article R for additioeal use-specitic standards Arfde Three:Zone Districts 341 Page 5 of 8 PC-23-21 R1 District (Single Family Residential - Large Lot) R0 3 36 RI District Intent. Permitted Uses. and Special Exception Uses District Intent Permitted Uses Special Exception Uses The RI(Single Family Residential Residential Cemrwdal:Reerestios/Fitnea -Large Lot)District is intended to • child are/day are(owner- •golf course/country club provide•lend use category for occupied) Cenenweicatie k/Utr7itiee sine*family homes on large lots. • dwelling:singe family •public well The provisions that regulate this • residential facility for •telecommunications hearty(other lend use district should protect, developmentally disabled/ than microcelluiar) promote and maintain existing mentally ill(less than 4 units) Inetit itienal/PMlic Facditiee residential areas in the City of In titwtiosal/PriKc Facilities j • church,temple,mosque Jeffersonville and may also be used growth. •public per* 1 • public recreation center/pool future housing Miecellaaeoes Uses ( Residential The Jeffersonvile's Plan • child are/day care:owner • dwelling:accessory dwelling units1 Commission and Board of Zoning c.cu+Pied • residential clubhouse/community Appeals should strive to protect this • home occupation III rooms district from oordicting land-uses Institutional/Public Facilities such as industrial and large-sale • church,temple,or mosque commercial uses es well as non- 1 • public retrestona!center family oriented businesses. Residential • ca€h,•g snglefsrn'y,r:.yched2 Article 6 of this ordinance includes Miscellwneow Uses additional options end incentives for the development of subdivisions • 'Dine occ:pat.on IIZ that preserve natural open spaces, loodplains,etc.that exist on site end/or dedicate and construct pubic perk facilities. Aditiosai Notes: I. See Article 8.3 for additional standards. 2. 200 foot maximum building length for all attached units 3.40 Jefersorntlle ni ied Development Ordinance Page 6 of 8 PC-23-21 Proposed Zoning Information R3 District (Single Family Residential - Small Lot) . N It3' 3.41 R3 District Development Standards Lot Dimensions Setbacks Other Requirements • Lai VOIR - i r . # 4)#I ' # .1 ..........#I • (9 AC0101101 al. IP.La AMA EJ Yr 0 r..1 0 !Obooloovi . c, [I I • 1 b e • • i • 1 F,......, , .P' • ,.... . Daft; vow I . Coornom . -, • 1 tORIOIRO RANI n . II - -R 0 W 77' ,-- 11 0 11, R ow. PC v.•4 Oen.'ar,cro.41••Pan Il 0,Ye.As Oolnact on nrrat.4r1•-•Per Rau•Oottlooidoltoorooloolhoo .... _ Minimum Lot Area: Minimum Front Yard Setback:, Maximum Lot Coverage • 4 c.c.:Sue feet • 30 ft.when adjacent to an a-ter al • 75%of the lot arra Minimum Lot Width: • 20 ft.when adj.to a local street2 Minimum Residential Unit Size • 25 feet Minimum Side Yard Setback: • 800 square feet Minimum Lot Frontage: • 5 ft for the Primary Structure Minimum Stmcture 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 an established subdivision the front setback shill/be the average of Aromoort"rates. the adjacent homes.a 25%reduction may be taken on one face of a corner lot itactiancal .. 2. At corner ots on local streets,the front setback may be reduced to •—,.... . 0,1•10,41 MO 1.....W r-, *ad 7;,,,,,,,,,, 1 il 15 feet MR Roof ano:noto Go:-•goa Or..okove OMR WIN, ,I•co,mpert ox.•me* seam ell to min Maximum Structure Height: • Pnrrar:Str.ct...re 35 feet • Accessory Structure 18 feet See Article 6 for subdivision regulations See Article 7 for additional development standards See Article 8 for additional use-specific standards Article Three:Zone Districts 3-45 Page 7 of 8 PC-23-21 R3 District (Single Family Residential - Small Lot) f 3 40 R3 District Intent. Permitted Uses. and Special E\ception Uses District Intent Permitted Uses Special Exception Uses The R3(Since Family Resioents1 Residential Commercial:General •Small Lot)District is intendeo tc • child are/day care(owner- • chi d:are center Iday care) provide a land use category for occupied) CSUwcwnications/Utilities single family homes on smaller-sized • dwelling since family •f lscommunicstrons facility(other lots.The provisions that regulate • dwelling:single family,attached3 then microcdlular) this land use&spirt should protect, • residential facility for Residential promote and maintain existir.g dinelopmmentally disabled/mentely •boarding house(owner occupied) residential areas In the City of (II(less then 4 units) •co-housing community Jeffersonville and may also be used • senior Gvng/retirement community •dwelling:accessory dwelling units for future housing growth. (not assisted Irving or nursing •dwelling,multi-family-duplex The Jeffersonvile's Plan Commission name • residential clubhouse/community and Board of Zoning Appeals Inatitutioeal/Public Faciitiee room should spire to protect this district • public par* Institutional/Public Facilities from addicting lend-uses such Mrscellaneove Uses • church,temple,Of mosque as industrial end large-scale • child are/dey care:owner •public recreation center/pool commercial uses es well as non- occupied Miecidlar:e.us Uses bendy oriented&navesas • home occupational • home occupation 122 Article 6 of this oilmen•includes additional options and incentives for the development of subdivisions that preserve natural open spaces, Uooipleins,etc.that exist on site and/or dedicate and construct pubfic park teedroes Additional(+lobes: 1. 200 foot maximum building length for all attached units 2. See Article 8.3 for additional standards_ 3. Only if platted for individua sale in e new subdivision of more than 3 acres in size. 3.44 leffersomille Unified Development Ordinance Page 8 of 8 PC-23-21