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Home My WebLink About2024-OR-48 (FAILED) Ordinance of Rezone Request (Briscoe Dr.) 9J3/'V STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2024-OR- Yr AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED ON 3.4 ACRES AT THE END OF BRISCOE DRIVE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1-SINGLE FAMILY RESIDENTIAL-LARGE LOT TO R2-SINGLE FAMILY RESIDENTIAL-MEDIUM LOT Whereas, Edward Sabogal filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located on 3.4 acres at the end of Briscoe Drive and fully described in the attached Exhibit A from R1-Single Family Residential- Large Lot to R2-Single Family Residential-Medium Lot and, Whereas, on August 27, 2024 the Jeffersonville Plan Commission has certified its Unfavorable 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 3, 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 on 3.4 acres at the end of Briscoe Drive and fully described in the attached Exhibit A is hereby changed from R1-Single Family Residential-Large Lot to R2-Single Family Residential-Medium 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 3rd day of September, 2024. Common Council of the City of Jeffersonville, Indiana VOTED FOR: VOT D AGAINST: Ayd&Rfi‘)Q Dustin White, President ATTEST: Lisa Gill City Clerk Prepared by: Les Merkley Corporate Counsel CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley,Corporation Counsel/Director of Legal Affairs 812-285-6493 office *11,1, °� 812-285-6403 fax mW/ www.cityofjeff.net AF`oNJ` 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 ON 3.4 ACRES AT THE END OF BRISCOE DRIVE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM 121 (SINGLE FAMILY RESIDENTIAL-LARGE LOT)TO R2 (SINGLE FAMILY RESIDENTIAL-MEDIUM LOT) NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED ON 3.4 ACRE AT THE END OF BRISCOE DRIVE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM RI (SINGLE FAMILY RESIDENTIAL-LARGE LOT) TO R2 (SINGLE FAMILY RESIDENTIAL-MEDIUM 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 on 3.4 acres at the end of Briscoe Drive as recommended by the Plan Commission from RI (Single Family Residential-Large Lot)to R2 (Single Family Residential-Medium Lot) A public hearing will be held on Tuesday,September 3,2024 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 August 28,2024 TO THE FOLLOWING: Via Email to: dsuddeath(tnewsandtribtme.con' Via Email to: newsroonviernevvsandtribunc.com Posted to: www..cityofjjefl_net STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF: Edward Sabogal I PC-24-21 TO REZONE CERTAIN TRACT: 10-21-00-300-147.000-010 C ( 2 , ( @ rJ` J 1 SCo I V. FROM: R1 (Single Family Residential-Large Lot)to R2(Single Family Residential-Medium Lot) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Edward Sabogal 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 R2 ; Docket Number PC-24-21 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on August 27,2024 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 August 27,2024 , the Jeffersonville Plan Commission (circle one): Favorably Recommends nfavorably Recommends/ Provides NO Recommendation that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from R1 to R2 as requested in the petition of Edward Sabogal I PC-24-21 • So certified this 27th day of August 7 2024 Chairman c, T y O� Plan Commission Staff Report August 27, 2024 Case No: PC-24-21 L. 4 , ( j Location: 3.4 acre property at end of Briscoe Drive �.,,..,. Applicant: Edward Sabogal �� `� Current Zoning: R1 (Single Family Residential — Large Lot) ``4 Proposed Use: Residential FRSQ Council District: District 5— Donna Reed Request `; -� _• " � .� , Rezone property from R1 (Single Family Residential — ' = '+ `�4't"• , Large Lot) to R2 (Single Family Residential — Medium Lot). . �"�' � e\, • Case Summary - "� . The applicant is proposing to rezone the property from R1 �� ; to R2 in order to build a residential subdivision. The `_ 'i property has access to Briscoe Drive to the North and4,1 Gilmore Avenue to the South. The connection to Howell Avenue has previously been vacated by the City. It should also be noted that this property was once part of what was known as Brick House Pond. Part of the property ~ . it is designated as a wetland by the U.S. Fish and Wildlife Service. While this site does not have a DNR Floodplain <: 4` designation, the site is known to have drainage issues r ‘°'. • associated with a former wetland/pond area. The applicant applied for a rezoning to R3 at the July 30, * ^ `�' 2024 Plan Commission meeting at which the Commission made an Unfavorable Recommendation. The case then went to the August 5, 2024 City Council meeting where the Council voted against rezoning the property to R3. Under the R2 zoning district, the minimum lot area is 6,500 s.f. as opposed to 4,000 s.f. under the R3 district meaning that fewer homes would be able to be constructed on the property than the previous request. Staff Finding/Opinion On its face, Staff does not take issue with the rezoning application, as it would provide infill housing that matches the character of neighboring houses. Staff does question, however, the develop-ability of this parcel given the existing drainage/wetlands and access issues. While subdivision layout, including access and drainage, will have to be addressed in a future primary plat application, the Plan Commission could choose to take these overriding issues into consideration at this time. 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. Page 1 of 8 PC-24-21 Recommended motion "I make a motion to forward the rezoning request PC-24-21 to the Jeffersonville City Council with [insert recommendation]as presented to the Plan Commission on August 27, 2024. 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 i4 y t -. R� Current Zoning '� �„ N., The subject property is shown in the zoning map % to the right. The property is zoned R1 (Single Family Residential - Large Lot). Adjoining properties are zoned R3 (Single Family ^ ++ '' = Residential - Small Lot) to the North, R2 (Single ,. Family Residential - Medium Lot) to the East and ` South, and PR (Parks and Recreation) to the , % West. District Intent: Existing " 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 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. Future Land Use Map and Planning Districts This property has a Future Land Use classification of Residential Neighborhood. These areas are primarily composed of single-family residences and should be preserved as such. Limited multi-family uses may be allowed if they are small-scale, such as duplexes or triplexes and located along primary road corridors including major and minor arterials and collector streets. Care should be taken to integrate any non-single-family projects into the neighborhoods through architectural scale, design, and Page 2 of 8 PC-24-21 adequate buffers. Some areas within this classification, especially in the northwestern parts of the city, contain large tracts of undeveloped land. When developed these areas should favor single-family subdivisions and only incorporate multi-family where immediately adjacent to a minor arterial or major collector street. Commercial, industrial, and large-scale institutional uses should be discouraged. re* *vt .tv .,, 1 1 . � � • .4 FUTURE LAND USE • S * IONairs, I i Downtown Mixed Use �I Industrial FA*._� .Z*V IndustrialCommercial �4*--v0�� ^ �I Mixed Use �.1.00° `,t `__j Mixed Neighborhood '. ,-�� . Residential Neighbhorhood Future Land Use Map :4 •--... 7 6 \ r �` 8 / \` �i i5 4 /3. . _ z ,'' ti Tv Planning Districts Map The project falls into the Riverfront District on the Planning Districts Map. The following is description of this Planning District from the Comprehensive Plan. Plannina District 3: Riverfront The Riverfront Planning District consists primarily of single-family residential developments built on tree-lined streets between 1900 and 1960. The neighborhoods that constitute this district retain some semblance of a street grid, although it was not as rigidly planned as the Downtown. With the exception of the Jeffboat site and some minor areas along 8th Street, the neighborhood should be seen as stable. Major changes to uses and intensity of uses should be discouraged in the stable areas. The following goals are established for the Riverfront Planning District: • Support small-scale residential infill development throughout the District Page 3 of 8 PC-24-21 • Promote neighborhood-friendly development and densification along 8th Street and Market Street corridors and ensure that new development is pedestrian-friendly with minimal setbacks and parking located to the side and rear of buildings • Support historic preservation and adaptive reuse of existing historic structures • Ensure that any new developments or building additions within existing residential neighborhoods are appropriate in elements such as scale, form, and setbacks • Preserve and maintain the unique development pattern along Utica Pike • Support goals and objectives of the Jeffboat redevelopment Additional Notes • None Attachments 1. Letter of Intent 2. Current Zoning Layout 3. Proposed Zoning Layout Letter of Intent The request is to rezone from R1 to R2 to facilitate the building of a single-family residential subdivision. Page 4 of 8 PC-24-21 Current Zoning Layout R1 District (Single Family Residential - Large Lot) (Ri1 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 microcellular) promote and maintain existing mentally ill(less than 4 units) Institutional/Public 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 • child care/day care:owner • dwelling:accessory dwelling units' Commission and Board of Zoning occupied • residential clubhouse/community Appeals should strive to protect this • home occupation#1 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. Residential Article 6 of this ordinance includes • dwelling:single family,attached2 additional options and incentives Miscellaneous Uses for the development of subdivisions • home occupation#2 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. 200 foot maximum building length for all attached units 3-40 Jeffersonville Unified Development Ordinance Page 5 of 8 PC-24-21 R1 District (Single Family Residential - Large Lot) (RJ 3.37 R1 District Development Standards Lot Dimensions Setbacks Other Requirements i' Lot wldm -I —T 'Rear Yard .0 Setback /) (--, (J �(.i r Accesey • i{ �da •. Str•. ures s.,r Lot If =1I Side i.,. Primary �'• iT Area I�.- Yav7 - Struct .,:. ure I`` my SeCrack I , . _. , , 4• (736 F 4 „.. __:: .... ropert P Ll ne y ‘' �- .r 6Lot Building Front Yard Coverage Envelope Setback —- Lot Frontage ROW-_.- j R.O W_ ROW. Z' ROM.•As Defined on Thcecurfere,-,An RO.W.•N Defined an TToary.Yn Plan R.O.W.=N Defined on Th a.cH .Men Minimum Lot Area: Minimum Front Yard Setback:' Maximum Lot Coverage • 9,000 Square feet • 30 ft.when adjacent to an arterial • 40%of the lot area Minimum Lot Width: • 25 ft.when adj.to a local street2 Minimum Residential Unit Size • 60 feet' Minimum Side Yard Setback: • 1.200 square feet Minimum Lot Frontage: • 7 ft.for the Primary Structure3 Minimum Structure Width • 25 feet • 5 ft.for an Accessory Structure • 22 feet for at least 60'x,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 an established subdivision the front setback shall be the average of Accessory Structures the adjacent homes,a 25%reduction may be taken on one face of a corner lot /' ®^� 2. At corner lots on local streets,the front setback may be reduced to chimneys are ' "`�°' 20 feet 3. On wedge shaped lots along a road curve or at the end of a cul-de-sac, ef"d Building the setback may be reduced to a minimum of 5 feet so long as the Height average setback is greater than 7 feet. Flat Root Structures Gable Roof structures 4. Where larger structures are allowed per Article 7 the maximum height (from highest (from highest gable roof) may be increased to 20 feet. section of flat rod) Maximum Structure Height: • Primary Structure:35 feet • Accessory Structure: 18 feet4 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 3-41 Page 6 of 8 PC-24-21 Proposed Zoning Layout R2 District (Single Family Residential - Medium Lot) (Ri'. 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 • dwelling:single family.attached • telecommunications facility(other use district should protect,promote • residential facility for than microcellular) and maintain existing residential developmentally disabled/mentally Institutional/Public Facilities areas in the City of Jeffersonville and ill(less than 4 units) • church,temple,or mosque may also be used for future housing Institutional/Public Facilities • public recreation center/pool growth. • public park Residential The Jeffersonville's Plan Commission Miscellaneous Uses • dwelling:accessory dwelling units2 and Board of Zoning Appeals • child care/day care:owner • residential clubhouse/community should strive to protect this district occupied room from conflicting land-uses such • home occupation#1 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. 200 foot maximum building length for all attached units 2. See Article 8.3 for additional standards. 3-42 Jeffersonville Unified Development Ordinance Page 7 of 8 PC-24-21 R2 District (Single Family Residential - Medium Lot) ��1 3.39 R2 District Development Standards Lot Dimensions Setbacks Other Requirements Lot Wan - , RaawYard�� fir/ ' ^) Side •_.. Area • - Yard —. 0 p r-1 R Setback . r \ 101 o o \, -71 WV i ; !`ine , r LProp�y r J Lot Com Building Front Vard �, Envelope Betook , a,: �_.. Lot Frontage _'I R O W RO.W. • ROW. i R.O.W.•As Detect on Thdrtscrta.e'''an RR O.W.a As Delned on frorougnhrc Plat R O.W. A.Defined an Thimoug ki a Pin Minimum Lot Area: Minimum Front Yard Setback:' Maximum Lot Coverage • 6.500 Square feet • 30 ft.when adjacent to an arterial • 50%of the lot area Minimum Lot Width: • 25 ft.when adj.to a local street2 Minimum Residential Unit Size • 45 feet Minimum Side Yard Setback: • 1000 square feet Minimum Lot Frontage: • 6 ft.for the Primary Structured 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 an established subdivision the front setback shall be the average of Accessory Structures the adjacent homes,a 25%reduction may be taken on one face of a --- corner lot mace- / d 0 a,, 2. At corner lots on local streets,the front setback may be reduced to 20 feet 3. On wedge shaped lots along a road curve or at the end of a cul-de-sac, a1ed Building the setback may be reduced to a minimum of 5 feet so long as the He ght average setback is greater than 6 feet. Flat Roof Structures Gable Roof Stnueaes (from niphesi (from rvgnest gable rod) section of flat 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 3-43 Page 8 of 8 PC-24-21