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Home My WebLink About2025-OR-04 Ordinance Changing the Zoning of Property Located at 5102 Charlestown Pike STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2025-OR- AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED ON 5102 CHARLESTOWN PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Al-AGRICULTURE TO R3-SINGLE FAMILY RESIDENTIAL-SMALL LOT Whereas, Jackie Conard filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located on 5102 Charlestown Pike and fully described in the attached Exhibit A from A1-Agriculture to R3-Single Family Residential- Small Lot and, Whereas, on January 28, 2025 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 February 3, 2025; 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 5102 Charlestown Pike and fully described in the attached Exhibit A is hereby changed from Al-Agriculture 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 3`d day of February, 2025. Common Council of the City of Jeffersonville, Indiana VOTED FOR: VOTED AGAINST: /1/0-rskoll'-'01/1 4/44/ #11116' Evan Stoner, President ATTEST: Atte Lisa Gill City Clerk Prepared by: Les Merkley Corporate Counsel CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley,Corporation Counsel/Director of Legal Affairs GNI Y O.r 1/4 „ 812-285-6493 office W T.: 812-285-6403 fax W www.cityofjeff.net FRSoNJ 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 5102 CHARLESTOWN PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Al (AGRICULTURE)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 5102 CHARLESTOWN PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Al (AGRICULTURE)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 5102 Charlestown Pike as recommended by the Plan Commission from Al (Agriculture)to R3 (Single Family Residential-Small Lot) A public hearing will be held on Monday,February 3,2025 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 January 29,2025 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: Jackie Conard I PC-25-01 TO REZONE CERTAIN TRACT: 10-42-05-000-006.000-039 FROM: Al (Agriculture)to R3(Single Family Residential-Small Lot) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Jackie Conard filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from Al to R3 ; Docket Number PC-25-01 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on January 28,2025 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 January 28,2025 , 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 Al to R3 as requested in the petition of Jackie Conard I PC-25-01 So certified this 28th day of January 5 2025 vti.4.6 .114cw_ Chairman Plan Commission GAT y OP• Ar ►W Staff Report 'r January 28, 2025 �.. eQg IQ Case No: PC 25 01 7 W Location: 5102 Charlestown Pike �n� ...... Applicant: Jackie Conard V Current Zoning: Al (Agriculture) �� V `` \\ Proposed Use: Residential RSQI_ Council District: District 6— Steve Webb Request _, ' r Rezone property from Al (Agriculture) to R3 (Single j it, -,, Family Residential — Small Lot). 4 ''4 r �' Case Summary r ' , , .%, The applicant is proposing to rezone the property to 7 ' , . " i. facilitate the construction of a small residential I ,,n, subdivision. , ' x N, Staff Finding/Opinion � 't so j ,-.. The proposed rezoning in aligns with similar _ , • M rezonings in the area that have occurred in the past " " � `i . . �3 year. The size and scale of the property will limit the �' number of units that can be constructed. Such a .I'`4 _ ji e A , , > rezoning will likely not have any deleterious impacts . /�,.. ttost ,` 4r on the surroundingcommunity. As such, Staff approves of this request. • ' / '�►�,.,' / 4 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-25-01 to the Jeffersonville City Council with (insert recommendation]as presented to the Plan Commission on January 28, 2025. Page 1 of 10 PC-25-01 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 7 r ,� • • Current Zoning , The subject property is shown in the zoning map r;, to the right. The property is currently zoned Al ` Xis `; i ;", (Agriculture). Adjacent properties area zoned Alxm. f to the East, South. and West, and R3 (Single w Family Residential —Small Lot) to the North and r"_ qq k �," , West. District Intent: Existing ; ", .t , The "Al" (Agricultural Zone) District is intended as a • ii • "place holder"for existing agricultural properties, rural . ;'. �` x , , 47 estates, and natural areas in the far northwest portion of ,/ 4� 4 Jeffersonville. The Al district allows for continued agricultural production in this district as well as a few other agriculturally related uses. The Plan Commission and Board of Zoning Appeals should strive to balance the needs of property owners in this district with that of encroaching development. 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 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 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. Page 2 of 10 PC-25-01 I I� ♦ P �� i0 FUTURE LAND USE t ` r x r r Commercial Corridors Downtown Mixed Use ,% . 8 , 'rifoU Industrial K` 1„i0 Industrial/Commercial Mixed Use 4 Mixed Neighborhood Residential Neighbhorhood Future Land Use Map A 1 , n V/ \ j j ik f \. 11 , 10 IT:: L:1 /* ..cP Planning Districts Map The project falls into the Northwest Jeffersonville District on the Planning Districts Map. The following is description of this Planning District from the Comprehensive Plan. Planning District 10: Northwest Jeffersonville This area of Jeffersonville contains the largest quantity of potentially developable land in the City, much of which is currently being used as farmland. Development in this corner of the City is primarily residential with a mix of newer subdivisions, including a few currently under construction, and larger, formerly rural properties. The following goals are established for the Northwest Jeffersonville Planning District: • Promote new residential growth and development in this District. With few exceptions, where non-residential uses already exist such as those on Keystone Boulevard, growth and development should be of a residential nature. Single-family development is preferable to larger-scale apartment communities due to a lack of high-capacity road infrastructure • Encourage diversity in housing prices Page 3 of 10 PC-25-01 • Allow higher intensity development and densification only where immediately adjacent to Utica- Sellersburg Road, Charlestown Pike, and Highway 62. This development should be balanced with lower-density development further away from the main roads • Require new subdivisions to provide stub streets to adjacent undeveloped parcels for street grid connectivity. Encourage creation of more "through streets" to better disperse traffic • 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 • Utilize utility corridors and drainages to connect existing and future neighborhoods with recreational trails • Protect floodplain areas along Silver Creek and Pleasant Run from development. Utilize green corridors along these creeks for recreational use • Maintain appropriate buffers around the active quarry in this district Additional Notes • None Attachments 1. Site Plan 2. Current Zoning Layout 3. Proposed Zoning Layout 4. Letter of Intent Site Plan 5111111 1 i 1111111 • i ji \ ,„ ICS 7.1 I g zE a� ill i \ F 1.1. / / tr ' igo I .=v. \ .; nCH.. .A" \ \ • A \ s*x.c zcwrc vw 44` / ` / \\ i .,.mow wanes K ,rF�_ --_—__ IOFI Page 4 of 10 PC-25-01 Current Zoning Layout Al District (Agricultural) 3.2 Al District Intent, Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"Al"(Agricultural Zone)District Agricultural Uses Agricultural Uses is intended as a"place holder"for • agricultural crop production •agritourism uses2 existing agricultural properties,rural • farmstead •commercial storage/processing of estates,and natural areas in the far • greenhouse(non-commercial) agricultural products northwest portion of Jeffersonville. • nursery/tree farm Commercial:General The Al district allows for continued • orchard/vineyard • barber/beauty salon/nails3 agricultural production in this district • raising of farm animals1 • kennel,commercial as well as a few other agriculturally •sale of agricultural products Commercial:Recreation/Fitness related uses. •stable,commercial •campground Commercial:Recreation/Fitness •golf course/country club The Plan Commission and Board of Zoning Appeals should strive • nature center/preserve • gun club,skeet shoot,paintball,or to balance the needs of property institutional Uses target range owners in this district with that of • church,temple,or mosque • outdoor entertainment venue • public park Communications/Utilities encroaching development. • public rec center/pool • electrical generation Residential • public well • bed and breakfast •telecommunications facility • child care/day care(owner occ.) institutional uses •dwelling-accessory dwelling unit •cemetery/mausoleum • dwelling-single family Miscellaneous Uses Miscellaneous Uses • accessory Uses •child care/day care:owner occupied • home occupation#1 • home occupation#2 Additional Notes: 1. Subject to non-commercial Livestock standards in Article 7 2. See definition in Article 12 3. If performed as a home occupation 3-6 Jeffersonville Unified Development Ordinance Page 5 of 10 PC-25-01 Al District (Agricultural) '„�J 3.3 Al District Development Standards Lot Dimensions Setbacks Other Requirements Lot Mrtdn - • Rear Yard Setback. - _ ..(.; !� ,,-) Il i -�.1 ( �- -(-) (-r Accessory ../ (_% -.._..- ......__. -/- Structures ,..J •Lou Side Primary __ l Area ( I Ya a " Structure — p I Setback • 0J r1.1, . _•..-.. �i ®I i ....„ Bage uilding Front Yard Envelope Setback _-L— ._ ////// • _ot Footage _ROW � � R.O.W. // R.OW. 7/- H.O.W.•As DskisO on T11gqUnAse P.., R.O.W.•As Donnas on iTaagnhn Plan H J W A.Dor,•0 an ilpoughlo•Pion Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage: • 5 acres • 70 feet • 35%of the lot area Minimum Lot Width: Minimum Side Yard Setback: Minimum Dwelling Size • 160 feet • 30 feet-Primary Structure • 1,000 square feet Minimum Lot Frontage: • 10 feet-Accessory Structure • 100 feet (<1000 square feet) • 30 feet-Accessory Structure (>1000 square feet) Minimum Rear Yard Setback: • 30 feet-Primary Structure • 15 feet-Accessory Structure Height Miscellaneous Notes: 1. Agriculture-related accessory structures are exempt from the maximum Accessory SHuLanes structure height. rower-FaTkal chirmoys ire onp shed Building Height Flat Roof Strurures Gable Roof Strwcturos (from highest (from highos;gable roof; section of flat roof) Maximum Structure Height: • Primary Structure:40 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 3-7 Page 6 of 10 PC-25-01 Proposed Zoning Layout R3 District (Single Family Residential - Small Lot) � J 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,attachedl 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 10 PC-25-01 R3 District (Single Family Residential - Small Lot) 3.41 R3 District Development Standards Lot Dimensions Setbacks Other Requirements - Lot%dm 'Rear Yard (,) SetbacK LJ strictures r', _ �T Side a Primary . 3 ( i IP Area ❑ vac - �- Siruca.re I:1 rr Setback I�T� I� 0 C. 4 . ____JIFF- Property 4,- r LiM ( _ot Building 'Font Yard Coverage Frvelone Setback 777."/ l.d Frontage J R O W / / R.O.W. / / 7 O W. S.O.S..As Defined on nvagMre r sr / r:.0;..=As Jernas aa,Tagha Ch s ar. / H u.n As u x,ed r hc,wdriara Rag- Minimum Lot Area: Minimum Front Yard Setback:' Maximum Lot Coverage • 4.000 Square feet • 30 ft.when adjacent to an arterial • 75 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 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 shall be the average of AccessorySfrucluee the adjacent homes,a 25%reduction may be taken on one face of a corner lot tonersnectorlati • a�a 2. At corner lots on local streets,the front setback may be reduced to exempt 15 feet. than Building Haight Flat Roof Structures Gable Roof Structures (from highest (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 10 PC-25-01 Letter of Intent PRIMAVERA & ASSOCIATES ENGINEERING & LAND SURVEYING December 16,2024 City of Jeffersonville Jason M. Copperwaite, Planning and Zoning PE. PS, FAA-UAS 500 Quartermaster Court,Suite 200 President Jeffersonville, IN 47130 Re: Zone Change Request 5102 Charlestown Pike David A. Sanders,PE Jeffersonville, IN 47130 vice President 0.90+/-Acre Site Parcel#10-42-05-000-006.000-039 Travis Andres, PE Mr. Reischl,AICP, Principal Geotechnical Engineer On behalf of my client,Jackie Conard, I am requesting a change in zoning from Al to R3 for William McDonough. property located at 5102 Charlestown Pike,Jeffersonville, Indiana. The project is located EIT on the south corner of the Charlestown Pike and King Road intersection. The R3(Single Sr. Project Manager Family Residential-Small Lot) District is intended to provide a land use category for single family homes on smaller-sized lots while maintaining existing residential areas in the City J. Michael Rich. of Jeffersonville for future housing growth. The property is immediately adjacent to PE, CPESC Sr. Project Manager existing R3 zoned properties to the north and west along Charlestown Pike protecting the area's land use compatibility. L. Matthew Blake. PWS One of the key objectives of a Comprehensive Plan is to map out where major Director of development is likely to occur in the next 10 to 20 years.The proposed 0.9+/-acre Ecological Services development is situated in Planning District 10: Northwest Jeffersonville and in an area of Erik Merten Jeffersonville that contains the largest quantity of potentially developable land in the City. Sr. Project Coordinatoi Development in this corner of the City is primarily residential with a mix of newer subdivisions,including a few currently under construction,and larger,formerly rural Daniel Hartman. properties. PE Project Manager The proposal meets the intent of the following goals established for the Northwest Jeffersonville Planning District: Chase Blakeman, 1. Promote new residential growth and development in this District. FAA-UAS Project Manager a. Development should be of a residential nature, b. Single-family development is preferable to larger-scale apartment Paul Primavera, communities due to a lack of high-capacity road infrastructure, PE, PS 2. Encourage diversity in housing prices, President Emeritus 3. Allow higher intensity development and concretion only where immediately adjacent to Utica-Sellersburg Road, Charlestown Pike(currently being widened by the City of Jeffersonville),and Highway 62. Page 1 of 2 301 E. Chestnut Street. Corydon, IN 47112 Phone: (812) 738-4124 • Fax: (812) 738-6740 Page 9 of 10 PC-25-01 PRIMAVERA & ASSOCIATES ENGINEERING & LAND SURVEYING Per the above stated facts and adherence to the policies and goals of the adopted Comprehensive Plan,we respectfully request approval for the change in zoning to this Jason M. Copperwaite. property. PE, PS. FAA-UAS President Sincerely, David A. Sanders, PE Vice President Travis Andres, PE Principal Geotechnical Jason M.Copperwaite,PE,PS,FAA-UAS Engineer JMC/ms William McDonough, EIT Sr. Project Manager ,v024V5,14?vonec,a,ee,app\,sn7c narrative r,,,.do,, J. Michael Rich, PE, CPESC Sr. Project Manager L. Matthew Blake. PWS Director of Ecological Services Erik Merten Sr. Project Coordinator Daniel Hartman, PE Project Manager Chase Blakeman. FAA-UAS Project Manager Paul Primavera, PE, PS President Emeritus Page 2 of 2 301 E. Chestnut Street, Corydon, IN 47112 Phone: (812) 738-4124 • Fax: (812) 738-6740 Page 10 of 10 PC-25-01