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HomeMy WebLinkAbout2024-OR-30 Zoning Change For Property Located at 1613 East 8th Street to R3-Single Family Residential-Small Lot STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2024-OR- '30 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1613 EAST 8TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM NS-INSTITUTIONAL USES TO R3-SINGLE FAMILY RESIDENTIAL-SMALL LOT Whereas, the City of Jeffersonville Redevelopment Department filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 1613 East 8th Street and fully described in the attached Exhibit A from NS- Institutional Uses to R3-Single Family Residential-Small Lot and, Whereas, on April 30, 2024 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 May 6, 2024; 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 1613 East 8th Street and fully described in the attached Exhibit A is hereby changed from NS-Institutional Uses 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 6th day of May, 2024. Common Council of the City of Jeffersonville, Indiana VO D FOR: VOTED AGAINST: jiar-4t,ei,c) '. .r V %/I Dustin White, President ATTEST: A??(_/ isa Gil City Clerk Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF: City of Jeffersonville Redevelopment Department I PC-24-16 TO REZONE CERTAIN TRACT: 10-20-00-200-731.000-010, 10-20-00-200-732.000-010, 10-20-00-200-733.000-010, 10-20-00-200-734.000-010 FROM: NS(Institutional Uses)to R3(Single Family Residential-Small Lot) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, the City of Jeffersonville Redevelopment Department filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the `Property"), from NS to R3 Docket Number PC-24-16 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on April 30,2024 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 April 30, 2024 , the Jeffersonville Plan Commission (circle one): avorably Recommends / nfavorabl Recommends/ Provides NO Recommendation that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from NS to R3 as requested in the petition of City of Jeffersonville Redevelopment Department I PC-24-16 • So certified this 30th day of April 2024 C -T Chairman CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley,Corporation Counsel/Director of Legal Affairs . 812-285-6493 office w wkaA� N 812-285-6403 fax mwww.cityofjeff.net �FRSON.4\ Jeffersonville City Hall 500 Quarteimaster 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 1613 EAST 8TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM NS (INSTITUTIONAL USES)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 1613 EAST 8TH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM NS (INSTITUTIONAL USES)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 1613 East 8th Street as recommended by the Plan Commission from NS (Institutional Uses)To R3 (Single Family Residential-Small Lot) A public hearing will be held on Monday,May 6,2024 at 6:00 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 May 1, 2024 TO THE FOLLOWING: Via Email to: dsuddeathnewsandtribune.coni Via Email to: nem,sroomriP,nmsandtribune.com Posted to: www.cityotjeff.net GAT y O� Plan Commission . ►W Staff Report 'r cP April 30, 2024 kr 60E4 . Case No: PC 24 16 W Location: 1613 E. 8th Street a � Applicant: City of Jeff Redevelopment Dept. Current Zoning: NS (Institutional Uses) __``J� Proposed Use: Residential �RSQ`_ vCouncil District: District 1 — Dustin White Request � "-, - "1 .. ',Cr • `• Rezone property from NS (Institutional Uses) 't►,~" . ,'.,+ ,'d, ~. `t to R3 (Single Family Residential — Small Lot) • , Case Summary 1 ,'� . ~' The property is the site of the former Eastlawn 4 '. ►. School which has since been demolished. The .'•ti `. applicant is proposing to rezone the property .���- ' from NS to R3 to facilitate a future single ` '' • _` family residential subdivision. itiii, f. �� Staff Finding/Opinion This rezoning would allow a significant infill �, ;* •4. . development to occur on this site and add a ,. , ' ,•y , ,' : =- number of single family homes to an existing .,;,,, . residential area. This type of development is ;A ,,..• a 14 I.•. . . - 4 ' ;Y d encouraged by the City's Comprehensive Plan ''' and promises to inject new vitality into this area. Staff recommends approval of this 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-24-16) to the Jeffersonville City Council with [insert recommendation]as presented to the Plan Commission on April 30, 2024. Page 1 of 8 PC-24-16 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 iltit . Current Zoning - * The subject property is shown in the zoning map to the right. The property is currently zoned NS r (Institutional Uses). It is surrounded by R3 (Single " y .. p Family Residential —Small Scale) properties to 4 � the North, East, and South and M3 (Multi-Family Residential— Large Lot) to the West. #0' k' • District Intent: Existing �` The "NS" (Institutional Uses) District is intended to � provide a land use category for institutionally owned lands, including state, county, and city facilities. The " ^4-1 " 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. District Intent. Proposed 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-24-16 ‘`."b°4:44111tri **".10 . , . ., iii: 40 %Ntilitik ` •• FUTURE LAND USE (rip, ` ` Commercial Corridors �` ; Downtown Mixed Use �.���.��. ��, �* * Industrial ,�,� ��� ' �` yIndustrial/Commercial � �� NI Mixed Use ��asw`S� id __.1 Mixed Neighborhood ���14k��' •���� Residential Neighbhorhood Future Land Use Map ,/ \ 8 A i I f .. ../ i 5 4 5::?*. � , j\\_L. . A '"6"\---N: ,.,/ 3* l> �t,(7/1 - r� 1 \ � / I I ,r I , t i Planning Districts Map The project falls into the Midtown District on the Planning Districts Map. The following is description of this Planning District from the Comprehensive Plan. Planning District 5: Midtown Planning District 5 consists of a mix of commercial developments, institutional uses, and residential neighborhoods situated around 10th Street in the central portion of Jeffersonville. Development within this District spans decades - from the 1920s on the west end to the 1980s on the east end of the district. Much of the development in the district is automobile-oriented with large strip centers, gas stations, auto repair shops, and drive-thru fast-food restaurants. As newer commercial centers have formed further out, this area has fallen into decline and needs a good deal of adaptation in order to be productive again. Densification, mixing residential and commercial uses, multi-modal transportation enhancements, and the creation of smaller town centers could reinvigorate this area. The following goals are established for the Midtown Planning District: • Promote redevelopment, adaptive reuse, and infill development along 10th Street Page 3 of 8 PC-24-16 • Support the creation of higher-density, pedestrian-oriented developments along the corridor including pocket neighborhoods and town centers. Larger developments should consider opportunities for the creation of public spaces such as plazas, squares, or mini-parks • Promote mixed-residential development along the Jeffboat rail spur that may take advantage of the potential for access to Downtown and the River afforded by the spur • Ensure intentional transitions between higher intensity uses along 10th Street and adjacent single-family neighborhoods. Transitions may be made through changes in building scale, increased setbacks for taller buildings, and landscaping enhancements. • Provide a broad mix of housing types and price-points to ensure a diversity of residents • Require new developments to install sidewalks where existing sidewalk connections to local neighborhoods are missing Additional Notes • None Attachments 1. Current Zoning Layout 2. Proposed Zoning Layout Page 4 of 8 PC-24-16 Current Zoning Layout NS District (Institutional Uses) rrs 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,including state.county,and Commercial:Recreation/Fitness • filling/gas station' city facilities.The NS 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 than microcellular) institutional structures and uses • library • utility substation to set a standard for development • museum Institutional/Public Facilities throughout the planning unsdiction. • 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- inpatient2 outpatient(counseling only)2 • substance abuse treatment- Residential outpatient2 • dwelling single-family Residential • assisted living facility • 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. 2. See Article 8.10 for additional standards. 3-36 Jeffersonville Unified Development Ordinance Page 5 of 8 PC-24-16 NS District (Institutional Uses) .NS. 3.33 NS District Development Standards Lot Dimensions Setbacks Other Requirements w ma .Rear Yard Setback r32 ',:,i i _ •cp t. Accessory Seucaxas r Lot • _ -�� Side I..- �. Primary r_ Area ❑ r Yam: - Structure Setback1771 0 . [7 4 • o • • PraOarh .,. _. j mot • �0 Una r. Building Front Yard Coverage Ervekrpe Setback t —i //// ..oi cronuige ROW 7.-- R.O.W. ROW. N U.n.=As Nofr eo or -er Virtue-Sr RAJ.v.=As Jelnee on Rrplga5Y!Ran N J'A'. As U✓lad A-,IrvgghMn Plen Minimum Lot Area: Minimum Front Yard Setback:' Maximum Lot Coverage: • 10.000 sq.ft. • 35 ft.when adjacent to an arterial • 65x of the lot area• 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 tt.for the Primary Structure2 • 65 ft • 5 ft.for an Accessory Structure2 Minimum Rear Yard Setback • 20 ft. for the Primary Structure3 • 5 ft.for an Accessory Structure3 Height Miscellaneous Notes: 1. Where located in the Downtown or Downtown adjacent neighborhoods. Ar0000sory Stuckeres the front yard setback may be reduced to the average of the adjacent structures at the discretion of the Planning Director. mechanical • "°l - elt0rrnt d,ney••m 2. Where located in the Downtown or Downtown-adjacent neighborhoods. _. 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. r"= Bulldog 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 cable Roof Structures the side yard setback for accessory structures may be reduced to 2 feet. (, r'�n Wiest (tr°"" he res'gable r°d) 4. Where located in the Downtown or Downtown-adjacent neighborhoods. on the maximum lot coverage may be increased to 85"<,. Maximum Structure Height: • Primary Structure:35 ft. •Accessory Structure:25 ft. 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 3-37 Page 6 of 8 PC-24-16 Proposed Zoning Layout R3 District (Single Family Residential - Small Lot) 3.40 R3 District Intent, Permitted Uses, and Special Exception Uses District Intent Permitted Uses Special Exception Uses The R3(Single Family Residential Residential Commercial:General •Small Lot)District is intended to • child care/day care(owner- • child care center(day care) provide a land use category for occupied) CommunIcations/UtIlltles single family homes on smaller-sized • dwelling:single family • telecommunications facility(other lots.The provisions that regulate • dwelling:single family,attached' than microcellular) this land use district should protect. • residential facility for Residential promote and maintain existing developmentally disabled/mentally • boarding house(owner occupied) residential areas in the City of ill(less than 4 units) • co-housing community Jeffersonville and may also be used • senior living/retirement community • dwelling:accessory dwelling unit2 for future housing growth. (not assisted living or nursing • dwelling,multi-family-duplex The Jeffersonville's Plan Commission home)' • residential clubhouse/community and Board of Zoning Appeals Institutional/Public Facilities room should strive to protect this district • public park Institutional/Public Facilities from conflicting land-uses such Miscellaneous Uses • church,temple.or mosque as industrial and large-scale • child care/day care:owner • public recreation center/pool commercial uses as well as non- occupied Miscellaneous Uses family oriented businesses. • home occupation#1 • home occupation#2 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. 200 foot maximum building length for all attached units 2. See Article 8.3 for additional standards. 3. Only if platted for individual sale in a new subdivision of more than 3 acres in size. 3-44 Jeffersonville Unified Development Ordinance Page 7 of 8 PC-24-16 R3 District (Single Family Residential - Small Lot) R_ 3.41 R3 District Development Standards Lot Dimensions Setbacks Other Requirements Lot Witih 'Rear Yard Setback �`Structurels� ,. • Lot 47.r Side _r Primary l;-_.�. RV' Area ❑ Setback _ - Structure F rT�'I Setback I'fr�III 0 6 0 4 �� � P operty Lire r Ot Building Lent yard Coverage I Envelope Setback _01 Frontage - ROW Z--/- R O.W. / R.O W. /.O.W.•A•U•ene0 m rnaorgrisie an .u.A'.=As Jet-ea on lnorrnynate Pin / RO.W.=AU Wand on rk•uraliNn Pin Minimum Lot Area: Minimum Front Yard Setback:' Maximum Lot Coverage • .1.000 Square feet • 30 ft.when adjacent to an arterial • 75r of the lot area 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 Structure Width • 25 feet • 2 ft.for an Accessory Structure • 22 feet for at least 60 et is Icir'ti 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 shall be the average of Accessory Sbuclures the adjacent homes,a 25%reduction may be taken on one face of a corner lot meettannel tower 2. At corner lots on local streets,the front setback may be reduced to chrxern an exempt 15 feet. 11xf° editing Height Flat Root Structures Gable Rod St uck's' (tom hghest (from highest gable rod) section of tat roof) Maximum Structure Height: • Primary Structure: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 8 of 8 PC-24-16