HomeMy WebLinkAbout2024-OR-49 Ordinance Changing Zoning to R3 on 3803 Hamburg Pike STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE 2024-OR- q /o
AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF
PROPERTY LOCATED AT 3803 HAMBURG PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A
FROM Cl-COMMERCIAL-MEDIUM SCALE TO R3-SINGLE FAMILY RESIDENTIAL-SMALL LOT
Whereas, DC Home and New Construction LLC filed a petition before the Jeffersonville
Plan Commission to change the zoning map designation of the real property located at 3803
Hamburg Pike and fully described in the attached Exhibit A from Cl-Commercial-Medium Scale
to R3-Single Family Residential-Small Lot and,
Whereas, on August 27, 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 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 at 3803 Hamburg Pike and
fully described in the attached Exhibit A is hereby changed from Cl-Commercial-Medium Scale
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 3rd day of September, 2024.
Common Council of the City of Jeffersonville, Indiana
V TED FO • VOTED AGAINST:
bath- D-7.11/L4._
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
GAT Y op.
812-285-6493 office
W ,�II���. N 812-285-6403 fax
Q � ia www.cityofjeff.net
'nF`ON4w 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 3803 HAMBURG PIKE AND FULLY DESCRIBED IN
ATTACHED EXHIBIT A FROM Cl (COMMERCIAL-MEDIUM SCALE)TO R3 (SINGLE
FAMILY RESIDENTIAL-SMALL LOT)
NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP
DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED IN THE 3803
HAMBURG PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C1-
(COMMERCIAL-MEDIUM SCALE)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 in the 3803 Hamburg Pike as recommended by
the Plan Commission from Cl (Commercial-Medium Scale) to R3 (Single Family Residential-
Small Lot)
A public hearing will be held on Tuesday,September 3,2024 at 6:00 pm in the City
Council Chambers, Is' 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 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(E2newsandtribtine_com
Via Email to: newsroom i)newsandtribunc_com
Posted to: www.cityofleff.net
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE PLAN COMMISSION
IN RE THE APPLICATION OF:
DC Home and New Construction PC-24-19
TO REZONE CERTAIN TRACT: (,,' U) _KY,I^
10-21-02-000-314.000-009, 10-21-02-000-339.000-009 (, ) + ( urC-\
FROM:
C1 (Commercial-Medium Scale)to R3(Residential-Small Lot)
CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION
OF PROPOSED ORDINANCE
Whereas, DC Home and New Construction filed a petition before the
Jeffersonville Plan Commission to change the zoning designation of the property
described in attached Exhibit A (the "Property"), from Cl to R3 ;
Docket Number PC-24-19 ; 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 Cl to R3 as requested in the petition of
DC Home and New Construction I PC-24-19
So certified this 27th day of August 2024
Chairman
GAT Plan O� Plan Commission
mi Staff Report
Acit August 27, 2024
dr_41 _iii Case No: PC-24-19
- list, W Location: 3803 Hamburg Pike
- -_.-- Applicant: DC Home and New Construction LLC
4� '� `� Current Zoning: Cl (Commercial - Medium Scale)
�� Proposed Use: Residential
SQ Council District: District 2- Bill Burns
Request .. _.41
Rezone property from Cl (Commercial - Medium P.m° . Yt ;� ° -
Scale) to R3 (Single Family Residential - Small Lot). k
Case Summary 1'�t t r , 14
The applicant is proposing to rezone the lots from a 'FTti" ., , , .
etik
Commercial zoning district to a Residential zoning .. ' , • ` "'fir .,'1 :.
district to facilitate the construction of single-family I _ -�`
homes. The properties were rezoned in 1994 fora -.: a ; '. , Q= �'"� 1 !
commercial use that was never constructed.
Staff Finding/Opinion , , y-r 7: c
Staff finds that this rezoning meets the objectives of
the Comprehensive Plan to promote infill development •' •• t,' y:,
d, r f!
in the City. Adjoining properties are residential in use r . T t<
and most are zoned R3. Staff supports returning the - .1 1 *
zoning of these properties to a residential use. M‘r
Criteria for ConsiderationIt- t. `
The Jeffersonville Zoning Ordinance and Indiana State - 2
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-24-19 to the Jeffersonville City Council with
[insert recommendation]as presented to the Plan Commission on August 27, 2024.
Page 1 of 9 PC-24-19
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 to the right. The property is zoned Cl • y
•
(Commercial - Medium Scale). Adjacent
properties are zoned R3 (Single Family
Residential - Small Lot) to the North, West, and • E •'
South and Cl to the East. `r I ;` ^` 5d '-
District Intent: Existing
The "Cl" (Commercial - Medium-Scale) District -'
is intended to provide a land use category for
most small scale general business uses. This _ 1Is
district can be used adjacent to all commercial, —. - -�
industrial, and multifamily residential districts. Adequate buffering should be provided where
located adjacent to any single family residential district.
A number of residential uses have been listed as a special exception in the Cl district and may be used
to create mixed-use commercial and residential districts within the city and/or help rejuvenate aging
commercial corridors.
The Plan Commission and Board of Zoning Appeals should not encourage "strip development," rather
development in clusters that share resources and minimize the cost of public utilities and services. The
Plan Commission and Board of Zoning Appeals should also strive to minimize lighting, parking lots
fronting major streets, and traffic conflicts in the Cl District.
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 9 PC-24-19
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♦ " Downtown Mixed Use
. No110 • i 1 i_:1 Industrial
Ir---1 Industrial/Commercial
1 • L___J Mixed Use
. 1 TL `� '�� i i Mixed Neighborhood
• Residential Neighbhorhood
Future Land Use/Map
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Planning Districts Map
The project falls into the West Jeffersonville Planning District. The following is description of this District
from the Comprehensive Plan.
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
• 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
Page 3 of 9 PC-24-19
• 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. Current Zoning Layout
2. Proposed Zoning Layout
3. Letter of Intent
Page 4 of 9 PC-24-19
Current Zoning Layout
Cl District (Commercial - Medium Scale) mac;
3.4 Cl District Intent,Permitted Uses,and Special Exception Uses
District intent Permitted Uses Special Exception Uses
The"C1"(Commercial-Medium Commercial:General Commercial:Auto&Vehicle
Scale)District is intended to provide • artisan studio/artisan center • auto body repair shop
a land use category for most small • barber/hair salon/nails/tanning,etc. •auto repair,majors
scale general business uses.This • bank/credit union/ATM3 • auto rental
district can be used adjacent to all • building/landscape/civil contractor • auto sales(open air;limited or no
commercial,industrial,and multi- (no outdoor storage) services)
family residential districts.Adequate • coin laundry • auto wash
buffering should be provided where • child care center/day care • small engine repair
located adjacent to any single family • clothing alterations/shoe repair Commercial:Food Sales/Service
residential district. • dry cleaning service • convenience store with gas pumps
A number of residential uses have • health spa Commercial:General
been listed as a special exception • hotel or motel • building/landscape/civil contractor
in the Ci district and may be used • medical/dental/physical therapy/ (with outdoor storage)
to create mixed use commercial chiropractor office •funeral home/mortuary
and residential districts within the • pet care/grooming(no outdoor • retail 3(with outdoor product sales)
city and/or help rejuvenate aging kennels) • sign fabrication
commercial corridors. • photography studio • storage:indoor6
• professional officer Commercial:Recreation/Fitness
The Plan Commission and Board • print shop/copy center • marina
of Zoning Appeals should not • retail 1,4,or 51 • outdoor entertainment venue
encourage"strip development," •temporary service agency Communications/Utilities
rather development in clusters that • tattoo studio/piercing shop • public well
share resources and minimize the •temporary service agency •telecommunication facility
cost of public utilities and services. • veterinarian office/hospital Institutional/public facilities
The Plan Commission and Board of Commercial:Recreation/Fitness • church/temple/mosque,etc.
Zoning Appeals should also strive • banquet hall • substance abuse treatment-
to minimize lighting,parking lots • bar/night club/cigar bar4 outpatient(counseling only)7
fronting major streets,and traffic • cross fit/training center • government offices
conflicts in the C1 District. • dance/aerobics/gymnastics/martial • library
arts studio • post office
• fitness center/gym Residential uses5
• fraternal organization/lodge/private • assisted living facility
Permitted Uses club • co-housing community
• indoor entertainment venuel.4 • dwelling:duplex
Commercial:Auto&Vehicle •theater,indoor4 • dwelling:multi-family 3-4 units
• auto accessory installation Institutional/Public Facilities • dwelling:multi-family 5-6 units
• auto repair,minor' • school,higher ed.-single facility • dwelling:multi-family 7-12 units
• auto parts sales Miscellaneous • dwelling:multi-family>12 units
Commercial:Food Sales/Service • accessory uses • dwelling:single family
• butcher shop/meat market • child care/day care:owner occupied • nursing home
• convenience store without gas pumps •senior living/retirement community
• drive thru/drive in restaurant
•food service:small scales
• food hall/farmers market'
• grocery store Additional Notes:
• micro-brew/distillery(ltd production)2 1. See definition(s)in Article 12
• restaurant/pub 2. Production area limited to 2.000 square feet
3. With or without drive-thru
4. Not adult entertainment uses
5. Residential uses shall have an average minimum floor area of 800 square feet per
unit,with 400 square feet the absolute minimum
6. Less than 40%of building and not located on street front
7. See Article 8.10 for addtional standards.
3-8 Jeffersonville Unified Development Ordinance
Page 5 of 9 PC-24-19
if
C1 District (Commercial - Medium Scale) ci
3.5 Cl District Development Standards
Lot Dimensions Setbacks Other Requirements
- Lot Width
Rear Yard
Setback r. ("�
f� ( 1 l�� ,4, Accessory,1,-,'
Lot �} Side —. Primary Nu p%i
Area r'ElL;11=1
r Yard - - - Structure
R Setback
o
1 .
0
[1:-)
•
... _—
Pb 1 Lim Lot e`
Bulling �FrontYard Coverage
Envelope Setback
Z.,„" - Lot Frontage -I RoW. Z-V
RO.W. R.O W.
ROM.=As Dame an T osaughhn Plan N,O.w.a As Doer=on Thoroughfare Plan N O IN As Deemed an rrgraphM.Plan
Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage:
• 20.000 sq-ft. • 30 ft-when adjacent to an arterial • 70%of the lot area
Minimum Lot Width: • 20 ft.when adjacent to a local street Minimum Main Floor Area:
• 70 ft. Minimum Side Yard Setback: • 1,000 sq.ft.for primary structures
Minimum Lot Frontage: • 20 ft. for the Primary Structure1.2 Maximum Maln Floor Area:
• 70 feet • 8 ft.for an Accessory Structure3 • 20,000 sq.ft.for primary structures
Minimum Rear Yard Setback:
• 20 ft. for the Primary Structure1.2
• 8 ft.for an Accessory Structure3
Height Miscellaneous Notes:
1. Side and Rear Yard Setbacks may be reduced to 10 feet where they abut
Accessory Structures another commercially or industrially zoned property
2. Side and Rear Yard Setbacks for residential buildings(not mixed use)
mechanical
•OW pi is e a may be reduced to 10 feet regardless of the neighboring zone district
channeysexam:' 3. Side and Rear Yard Setbacks may be reduced to 5 feet where they abut
another commercially or industrially zoned property
••d Burg 4. Primary Structure Height for buildings containing residential uses may
f Height be increased to 35 feet.
Flat Roof Structures Gable Roof Structures
(from highest (from highest gable roof)
section of tlat roof)
Maximum Structure Height:
• Primary Structure:30 ft.4
• Accessory Structure:20 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 3-9
Page 6 of 9 PC-24-19
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/Utilities
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)3 • 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 9 PC-24-19
R3 District (Single Family Residential - Small Lot) R3
3.41 R3 District Development Standards
Lot Dimensions Setbacks Other Requirements
- Lot wlab -
Rear Yard •
�y Set a
�T) (•i �'1 !ti Accexaory(J 46)
( Y „JJJ f sindures
�)
Lot Slee �, PArturyME vc-L
I
YarC - Struc'u
Area El R Setback
0I- s (7).r
J
ooa.fao.Li-
Building r-ront Yard
Envelope setback ------
Lot Frontage -ROW I ROW. '
/// ROW.
/ /--
7 ,...- "'
H.O.W.,As Dofreo wou on rahtr R.O.W.
e'•r •Aa Dense on Tharouydare PRIM C O W-As Defined on Trvapnfr•Pi to)
Minimum Lot Area: Minimum Front Yard Setback:l Maximum Lot Coverage
• 4,000 Square feet • 30 ft.when adjacent to an arterial • 75 x,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%of its lengui.
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 ucires the adjacent homes.a 25%reduction may be taken on one face of a
corner lot
•oW a 2. At corner lots on local streets,the front setback may be reduced to
chimneys N 15 feet.
ahe° BultCing
He;hi
I
Flat Roof Structures Gable Roof Structures
(from koghest (from highest gable roof)
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 3-45
Page 8 of 9 PC-24-19
Letter of Intent
Dear Zoning Dept, and to Whom it may concern, 7-22-24
I have purchased the property located on Hamburg Pike, and I Intend to subdivide the property into
Smaller lots and build 6 houses, single family homes, Affordable. Without garage.
I have met with Chad and others at the Zoning dept and Went over my plans, which they advised should be no
problem to approve
Thanks
Dragan at
DC Home and New Construction, LLC
8128020110
DraganConstruction@gmail.com
Page 9 of 9 PC-24-19