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HomeMy WebLinkAbout2025-OR-21 (FAILED) Ordinance Changing the Zoning Located at 3611 & 3618 Utica Sellersgurg Road //9/ - c4ot STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2025-OR- I AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED ON 3611 AND 3618 UTICA SELLERSBURG ROAD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3-SINGLE FAMILY RESIDENTIAL-SMALL LOT TO M2-MULTI- FAMILY RESIDENTIAL-MEDIUM SCALE Whereas, Renaissance Design Build, Inc. filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located on 3611 and 3618 Utica Sellersburg Road and fully described in the attached Exhibit A from R3-Single Family Residential-Small Lot to M2-Multi-Family Residential-Medium Scale and, Whereas, on April 29, 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 May 5, 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 3611 and 3618 Utica Sellersburg Road and fully described in the attached Exhibit A is hereby changed from R3- Single Family Residential-Small Lot to M2-Multi-Family Residential-Medium Scale. 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 5th day of May, 2025. Common Council of the City of Jeffersonville, Indiana VOTED FOR: VOTED INST: /AA- „�C✓"GAS J v Evan Stoner, President ATTEST. c `r Lisa ill City Clerk Prepared by: Les Merkley Corporate Counsel CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley,Corporation Counsel/Director of Legal Affairs GAT Y O.r ,„ 812-285-6493 office W(I ' i � N 812-285-6403 fax ILA Q � J www.cityofjeff.net 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 3611 AND 3618 UTICA SELLERSBURG ROAD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 (SINGLE FAMILY RESIDENTIAL-SMALL LOT)TO M2 (MULTI-FAMILY RESIDENTIAL-MEDIUM SCALE) NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 3611 AND 3618 UTICA SELLERSBURG ROAD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 (SINGLE FAMILY RESIDENTIAL-SMALL LOT)TO M2 (MULTI-FAMILY RESIDENTIAL-MEDIUM SCALE) 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 3611 and 3618 Utica Sellersburg Road as recommended by the Plan Commission from R3 (Single Family Residential-Small Lot) to M2- (Multi-Family Residential-Medium Scale) A public hearing will be held on Monday,May 5,2025 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. ._5194js)?5-- Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812)285-6423 POSTED AND EMAILED ON April 30,2025 TO THE FOLLOWING: Via Email to: dsuddeathAnewsandtribune.com Via Email to: newsroom@newsandtribune.com Posted to: www.cityofjeff.net Posted at Jeffersonville City Hall STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF: Renaissance Design Build,Inc. I PC-25-17 TO REZONE CERTAIN TRACT: 10-42-03-600-160.000-039 and 10-42-03-600-161.000-039 FROM: R3(Residential-Small Lot)to M2(Multi-Family Residential-Medium Scale) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Renaissance Design Build, Inc. filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from R3 to M2 • Docket Number PC-25-17 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on April 29,2025 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 April 29,2025 , the Jeffersonville Plan Com • _ circle one): avorably Recommend; / Unfavorably Recommends/ Provides NO Recommendation rsonville Common Council enact by ordinance the proposed zoning designation change of the property from R3 to M2 as requested in the petition of Renaissance Design Build, Inc. I PC-25-17 • So certified this 29th day of April 2025 WihV6 Chairman /,T y �� Plan Commission 101 Staff Report �....�CO lorivx im April 29, 2025 N ' Case No: PC-25-17 L„ W Location: 3611 and 3618 Utica Sellersburg Road SOB Applicant: Renaissance Design Build, Inc. \�T `v Current Zoning: R3 (Single Family Residential — Small Lot) Proposed Use: Multi-Family Residential ARSON Council District: District 6—Steve Webb Request * Rezone property from R3 (Single Family Residential — ,At ., * Small Lot) to M2 (Multi-Family Residential — Medium Scale). a 4 pe',A. \ Case Summary 4 • i The applicant is proposing to rezone the property to M2 ', to facilitate the creation of an apartment complex. ,e�,; Staff Finding/Opinion ► "�', The subject property is located in a transitional area with /" • a mix of new commercial development (i.e. Bridgepointe ° \;� ' ' - ..? Commons, a number of older single-family homes on � ' , large lots, and another small apartment complex three r -. doors to the north. The property across the road to the East is poised to become a new single familyyest4, '' subdivision that will complement the new Clark County Middle School also getting underway. The Comprehensive Plan designates this as a mixed neighborhood which can include multi-family housing. Given all this, Staff feels that this rezoning could be seen as appropriate for the area. We do however, note that care should be taken to ensure that buffer requirements are met to not disturb existing single family properties. 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-25-17 to the Jeffersonville City Council with (insert recommendation]as presented to the Plan Commission on April 29, 2025. Page 1 of 10 PC-25-17 i 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 Current Zoning The subject property is shown in the zoning map to the right. The property is zoned R3 (Single Family Residential — Small Lot). Adjoining , properties are zoned R3 to the North and South, >\\. West. District Intent: Existing The R3 (Single Family Residential — Small Lot) District `, ffik1 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. District Intent: Proposed The M2 (Multi-Family — Medium Scale) District is intended to provide a land use category for medium- scale multi-family apartment, townhouse, or condominium developments. Such developments generally consist of a number of medium-scale buildings with no more than 12 units in a single building and no more than 100 units in a single development. The Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to integrate this district near other commercial districts and exercise greater sensitivity where this district is adjacent to other residential districts. This district should also be within close proximity to parks and open spaces that serve the residents. 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 10 PC-25-17 # . . .. 0., 4 ... . viik;iiiip.,,.„. F s / e\41- j • FUTURE LAND USE al L =. Commercial Corridors NN "\,, Downtown Mixed Use r \l I.__ Industrial 0� 1 Industrial/Commercial i 4-:_.1 Mixed Use • '! ; Mixed Neighborhood .-_ 11111Mm""•----_. 1.11110111111 Residential Neighbhorhood ,. ,-- Future Land Use Map / // ti t ,..":\.\\,, , V 1 1 I 90 a / r , '''',i ,i V' ". / I 9 I i / \. Planning Districts Map The project falls into the Lentzier Hills District on the Planning Districts Map. The following is description of this Planning District from the Comprehensive Plan. Planning District 9: Lentzier Hills This District is comprised of residential developments set among the rolling hills above Lentzier Creek as well as a growing commercial center near the 1-265 and 10th Street and Highway 62 interchanges. Existing subdivisions in this area should be seen as stable while parcels along Highway 62, Utica- Sellersburg Road, and 1-265 may see further development and densification of uses. The following goals are established for the Lentzier Hills Planning District: • Focus new development around the 1-265 and Highway 62 interchange as well as the intersection of 1-265 and International Drive (Exit 11) interchange. New development should be a mix of commercial and residential in order to promote a broad mix of retail and service uses, medical offices, and restaurants. Commercial development should be tailored to a growing population of residents in this area and Planning Area 10 to the North Page 3 of 10 PC-25-17 • Create intentional transitions between higher intensity uses along primary road corridors and adjacent single-family neighborhoods. Transitions may be made through changes in elements such as building scale, increased setbacks for taller buildings, and landscaping enhancements • Ensure that any new homes or building additions within existing residential neighborhoods are appropriate in elements such as scale, form, and setbacks • Preserve and protect existing stream corridors from development. Utilize green corridors along these creeks for recreational use where possible Additional Notes • None Attachments 1. Current Zoning Layout 2. Proposed Zoning Layout 3. Preliminary Site Plan 4. Letter of Intent Page 4 of 10 PC-25-17 Current Zoning Layout R3 District (Single Family Residential - Small Lot) R3: 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 housinggrowth. (not assisted living or nursing •dwelling multi-family-duplex The Jeffersonville's Plan Commission home)3 • residential clubhouse/community and Board of Zoning Appeals • short-term rental(See Article 8.11) room should strive to protect this district Institutional/Public Facilities Institutional/Public Facilities from conflicting land-uses such • public park • church,temple,or mosque as industrial and large-scale Miscellaneous Uses • public recreation center/pool commercial uses as well as non- • child care/day care:owner Miscellaneous Uses • home occupation#2 family oriented businesses. occupied • home occupation#1 Article 6 of this ordinance includes additional options and incentives for the development of subdivisions that preserve natural open spaces, floodpiains,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 8.2 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 5 of 10 PC-25-17 R3 District (Single Family Residential - Small Lot) NJ 3.41 R3 District Development Standards Lot Dimensions Setbacks Other Requirements - Lot Width - 'Rear Yard l -(,� l c ;y. & Setbadc,�& 400 A4caaaarY'`/sow. (.J T 1 _ ^•' 4` Lot Side ` PrYnary ..;,c ..-_.. Yard .—. Structure Area 3 Setback 0 0 --)--1 Eiji 0.I-1 1 ,:___. • . e ' Pr ty Lot Litta Building Frordwd� Coverage Lot BMW* Lot Frontage -R.O W 7'/-1 R.O.W. Z--/-- . R.O.W. Th ro,q/H.O.W.=As Defined do ilwrrnpM°re Fan H .W,=As Defined m Doraghtare Ptan R.O.W=As Defined on fare PM Minimum Lot Area: Minimum Front Yard Setback:1 Maximum Lot Coverage • 4,000 Square feet • 30 ft when adjacent to an arterial • See formula below3 Minimum Lot Width: • 20 ft when adj to a local street2 Minimum Residential Unit Size • 30 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 • 20 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 Accessory Stn.ctotes the adjacent homes,the build line of the property's approved plat,or the zoning district's front yard setback at the discretion of the Zoning 'ta.. �ri aroAdministrator:a 25%reduction may be taken on one face of a corner exempt lot. ' 2. At corner lots on local streets,the front setback may be reduced to shed Building 15 feet. Height 3. 0.25 x[Lot Area in sq.ft.]+2,000.Maximum of 90%coverage. Flat Roof Structures Gable Roof Structures (frorn highest (from rugfrest gable rod) section of Set 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 6 of 10 PC-25-17 Proposed Zoning Layout M2 District (Multi-Family - Medium Scale) �1 3.26 M2 District Intent. Permitted Uses, and Special Exception Uses District Intent Permitted Uses Special Exception Uses The M2(Multi-Family-Medium Residential Communications/Utilities Scale)District is intended to provide •co-housing community • telecommunications facility(other a land use category for medium- • dwelling:duplex than microcellular) scale multi-family apartment, •dwelling:multi-family-3 to 4 units Institutional/Public Facilities townhouse,or condominium • dwelling:multi-family-5 to 6 units •church,temple,or mosque developments.Such developments •dwelling multi-family-7 to 12 units Residential generally consist of a number of •dwelling single family • assisted living facility medium-scale buildings with no more •dwelling:single family,attached1 •dwelling:multi-family(>12 units)3 than 12 units in a single building and • residential clubhouse/community • nursing home no more than 100 units in a single room • residential facility for development. •senior living/retirement developmentally disabled/mentally The Jeffersonville's Plan Commission community ill(4 bedrooms or less) and Board of Zoning Appeals should •short-term rental(See Article 8.11) strive to integrate this district near Miscellaneous Uses other commercial districts and •child care/day care:owner occupied exercise greater sensitivity where • home occupation#1 this district is adjacent to other residential districts This district should also be within close proximity to parks and open spaces that serve the residents. Additional Notes: 1. 320'maximum building length for all attached units,refer to M1 standards in Article 6 for subdivision of lots 2. Not assisted living or nursing home 3. This may be acceptable where only a single building is proposed and there are less than 25 units 3-30 Jeffersonville Unified Development Ordinance Page 7 of 10 PC-25-17 M2 District (Multi-Family - Medium Scale) T?• 3.27 M2 District Development Standards Lot Dimensions Setbacks Other Requirements _..___.---_.La Width----- - ' Rear Yard � J Structures { JJ • fJ. Slde Primary --* Area Yard _ - Structure _-' p AreaI I L i o Setback'.. O I Hi O Property 4:-:‘ - Lot Line -Commas Building Front Yard Envelope Setback • Lot Frontage - R O W R.O.W. ROW O.W. A.Deckled on TharouDeerc Plan H.O.W. A.Defined on Prwougdere Plan R.O.W.=As Defeat on Thorarahte•Rhin Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage • 20.000 sq ft • 30 ft when adjacent to an arterial • 65%of the lot area Minimum Lot Width: • 20 ft.when adj.to a local street or Minimum Residential Unit Size • S0 ft average setback whichever is less • 700 sq.ft.average per dwelling Minimum Lot Frontage: Minimum Side Yard Setback: unit in all multi-family structures in • 50 ft • 25 ft.for the Primary Structure'-2 the development,with 400 sq.ft.the • 10 ft.for an Accessory Structure3 minimum Minimum Rear Yard Setback: Maximum no.of Dwelling Units • 25 ft for the Primary Structure • 100 units per development • 10 ft for an Accessory Structure3 Height Miscellaneous Notes: 1. Side yard setbacks may be reduced to 15 feet where adjacent to any of Accessory Structures the following districts:C1,C2,CH,CO,M1,M2,&M3. • animechanicstower2. Side yard setbacks my be reduced to 10 feet where adjacent to any of exempt the following districts:CD,CN,and R4. chimneys aro esemo 3. Side yard setbacks for accessory structures may be reduced to 5 feet in any of the districts listed in notes 1 or 2 above. awl Buading Height Flat Roof Structures Gable Roof SWctures (from highest (from nlghesl gable roof) section of flat roof) Maximum Structure Height: • Primary Structure 40 ft. • Accessory Structure 18 ft Maximum Stories • 3 stories 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 3-31 Page 8 of 10 PC-25-17 Preliminary Site Plan 0 , (1) 'ZIL gilt ei,rtiCknt:t,ps , ' •,- .,,,. ...=, "II WIN NO QC r,f,r G G _ - ( ) ,... - : • ' . ' G ' s - %., t; ,•G% ' \Pi a, .., ; ' . • , , 1 t• \‘` ' 111111 , - 11111111 *s e' CD 011„1! tl ilWilll ti ft ii Ili' 2, A ' :. 01111! 11114111i 111 Page 9 of 10 PC-25-17 Letter of Intent N E RENAISSANCE DESIGN BUILD, INC. a. oestr; ��� INDIANA OFFICES KENTUCKY OFFICES ^ 117 S Indiana Avenue rdbi@rdbi-inc.com 1012 S.Fourth Street < Sellersbug,IN 47172 web.rdbi inc.com Louisville.KY 40203 1 Te1812-246-5897 Fa502 587-073 ANNIVERSARY 1\ Fax:502.587-093' \,1999_7024 March 21,2025 Jeffersonville Rezoning Board Jeffersonville,IN,47130 ATTN: Jeffersonville Plan Commissioner Subject:Rezoning application RZ-2025-392704— 3611 Utica-Sellersburg Rd&3617 Utica-Sellersburg Rd Jeffersonville, IN 47130 Letter of Intent Dear Reviewing Board, The purpose of this letter is to submit a Rezoning request on behave of the property owner for the listed properties in the subject line above to be rezoned from R3 to M1 or M2.The rezoning is for(6)Multifamily buildings to be constructed on this property(2 parcels 10-42-03-600-159.000-039_0& 10-42-03-600-161.000- 039_0)with 8 units in 4 of the buildings and 7 units in 2 of the buildings.One building with the 7 units will include a main office and the other building will include a fitness center. Also,a dog park area and detention basin will be included in the construction on this property. Sincerely, Renaissance Design Build,Inc. 04, „Are, Nathan R.Grimes P.E.,P.L.S. ENGINEERING•DESIGN•GENERAL CONTRACTING•CONSTRUCTION MANAGEMENT•PLANNING• LAND SURVEYING•ENGINEERING INVESTIGATION SERVICES•COMMERCIAL AND HOME INSPECTIONS 4 Page 10 of 10 PC-25-17