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Home My WebLink About2025-OR-22 Ordinance Changing the Zoning for Property at 4219 & 1223 Utica Sellersburg Road s/'9/&s- 3-w5 poi STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2025-OR- .r AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED ON 4219 AND 4223 UTICA SELLERSBURG ROAD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R2-SINGLE FAMILY RESIDENTIAL-MEDIUM LOT TO M2-MULTI- FAMILY RESIDENTIAL-MEDIUM SCALE Whereas, Austen Dockens on behalf of ABC Land and KGF Homes filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located on 4219 and 4223 Utica Sellersburg Road And fully described in the attached Exhibit A from R2-Single Family Residential-Medium 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 4219 and 4223 Utica Sellersburg Road and fully described in the attached Exhibit A is hereby changed from R2- Single Family Residential-Medium 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 AINST: 6(11/ - Evan Stoner, President ATTEST: A Lf Lisa ill City Clerk Prepared by: Les Merkley Corporate Counsel CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley,Corporation Counsel/Director of Legal Affairs y 812-285-6493 office N 812-285-6403 fax IF\� * ' www.cityofjeff.net ��FR30N4`v 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 4219 AND 4223 UTICA SELLERSBURG ROAD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R2 (SINGLE FAMILY RESIDENTIAL-MEDIUM 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 4219 AND 4223 UTICA SELLERSBURG ROAD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R2 (SINGLE FAMILY RESIDENTIAL-MEDIUM 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 4219 and 4223 Utica Sellersburg Road as recommended by the Plan Commission from R2 (Single Family Residential-Medium 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, Pt 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 April 30,2025 TO THE FOLLOWING: Via Email to: dsuddeatlanewsandtribune.com Via Email to: newsroom(&newsandtribune.com Posted to: www.cityofjeffnet Posted at Jeffersonville City Hall STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF: Austin Dockens(on behalf of ABC Land and KGF Homes)I PC-25-18 TO REZONE CERTAIN TRACT: 10-42-03-600-270.000-039 and 10-42-03-600-243.000-039 FROM: R2(Single Family Residential-Medium Lot)to M2(Multi-Family Residential-Medium Scale) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Austin Dockens(on behalf of ABC Land and KGF Homes) filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from R2 to M2 ; Docket Number PC-25-18 ; 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 Commission (circle one): Favo . • y Reco mends / Unfavorably Recommends/ Provides NO Recommendation that the - ersonville Common Council enact by ordinance the proposed zoning designation change of the property from R2 to M2 as requested in the petition of Austin Dockens(on behalf of ABC Land and KGF Homes)I PC-25-18 • So certified this 29th day of April 2025 fzILLit- C Chairman i Current Zoning and UDO Zoning District Intent 3 Current Zoning ' The subject property is shown in t HMI/ii - the zoning map to the right. The property is zoned R2 (Single Family Residential — Medium Lot). • The adjoining property to the west is also sonzed R2. Properties to the south, east, and north are zoned I1 .f (Business Park/ Light Industrial). District Intent: Existing The R2 (Single Family Residential �` 'N — 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. 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 Industrial/Commercial Mixed Use. These are transitional areas. They are not quite industrial and not quite commercial. Located in proximity to other industrial areas and along primary road corridors, they are well suited for either use type. New development in these areas should consider how to appropriately mix these two land-uses through similar treatment of commercial and industrial uses and, more importantly, clean-up and improvement of existing industrial properties. This type of land use should not be considered appropriate for increasing residential density. Though it may have an existing use of residential, increasing the residential use in an area intended for commercial and industrial use, especially as the site is adjacent to existing industrial use does not align with the City's Comprehensive Plan. Page 2 of 12 PC-25-18 4 J 0 .' - - 1100 . r,OIR M' 7 d }. t ! • �,/`� ` - �- , ti., . /,.� ��•y 4 FUTURE LAND USE ,v4 V / atki l Commercial Corridors Downtown Mixed Use - f 4 . It . ...... 0 ',4 Industrial Industrial/Commercial V� �% _ Mixed Use 110PPP 2b5 �� — Mixed Neighborhood dsjttirhti- :_ � Residential Neighbhorhood Future Land Use Map A I k \ /A ' t. 62 lN . i }b d 1 10 m \ i • I 0 2 .,✓. ` \ / `.1 I 9 I I ® ,- - -, 1 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, 1 Page 3 of 12 PC-25-18 I 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 • 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 The general intent for the Northwest Jeffersonville District is to provide additional residential development and development. However, the proximity of this site (0.25 miles) from Keystone Boulevard and other industrial developments surrounding it, does not make this site suitable for increased density of residential development. Additional Notes • None Attachments 1. Current Zoning 2. Proposed Zoning 3. Letter of Intent 4. Site Plan 5. Development Renderings 6. Tiny Home Renderings Page 4 of 12 PC-25-18 I G;y�� Plan Commission >� Staff Report �'� • April 29, 2025 •• I/j` N d Case No: PC 25 18o * (V Location: 4219 + 4223 Utica Sellersburg Road \ ejApplicant: Austen Dockens on behalf of ABC Land and (Tr KGF Homes —Current Zoning: R2 (Single Family Residential Medium Lot) Proposed Use: Multi-Family Council District: District 6—Steve Webb Request rAir Rezone property from R2 (Single Family Residential w y — Medium Lot) to M2 (Multi-Family: Medium Scale). \• d ' Case Summary � .� ; The applicant is seeking to rezone two single-family 4. .x 1 residential properties in order to create a development of nine prefabricated tiny homes for !»," rent. While fairly small in scale, the applicant needs = 44, to zone to M2 to have multiple buildings on the same ' o E y property. Staff Finding/Opinion The proposed rezoning is for a project which would increase residential development along Utica Sellersburg Road. While Staff appreciates the proposal to provide affordable rental housing in the City, the project does not align with the commercial/industrial nature of the corridor which is further codified in the Future Land Use Map. If rezoned, the applicant is also seeking three development standard variances for their proposed project - relating to the unit size (approximately 500 square feet), landscaping and setbacks. 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-25-18 to the Jeffersonville City Council with [insert recommendation]as presented to the Plan Commission on April 29, 2025. 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: Page 1 of 12 PC-25-18 .. ........ .._.... Current Zoning R2 District (Single Family Residential - Medium Lot) (R2 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 • short-term rental(See Article 8.11) • public recreation center/pool growth. Institutional/Public Facilities Residential The Jeffersonville's Plan Commission • public park •dwelling:accessory dwelling unit- and Board of Zoning Appeals Miscellaneous Uses • residential clubhouse/community should strive to protect this district •child care/day care:owner room from conflicting land-uses such occupied Miscellaneous Uses as industrial and large-scale • home occupation#1 • 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 8.2 for additional standards 3-42 Jeffersonville Unified Development Ordinance 4 Page 5 of 12 PC-25-18 R2 District (Single Family Residential - Medium Lot) 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 ll(less than 4 units) •church,temple,or mosque may also be used for future housing • short-term rental(See Article 8.11) • public recreation center/pool growth. Institutional/Public Facilities Residential The Jeffersonville's Plan Commission • public park •dwelling accessory dwelling unit2 and Board of Zoning Appeals Miscellaneous Uses • residential clubhouse/community should strive to protect this district •child care/day care:owner room from conflicting land-uses such occupied Miscellaneous Uses as industrial and large-scale • home occupation#1 • 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 8.2 for additional standards 3-42 Jeffersonville Unified Development Ordinance Page 6 of 12 PC-25-18 Proposed Zoning M2 District (Multi-Family - Medium Scale) :M2 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,attachedl •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 community2 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 M 1 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 4 Page 7 of 12 PC-25-18 M2 District (Multi-Family - Medium Scale) 111 3.27 M2 District Development Standards Lot Dimensions Setbacks Other Requirements Lot Width - r Rear Yard Set5eck �) AccessY Lj t9 (.) 9 �4- )co �� sm m.ea J Lot •-- P Yard .---- —+_ Ninety Co Area l.. o Setback ❑ t 1 m0 p ®• Property ♦ l Lot ' IA* Coverage I Building Front Yard i Envelope Setback —_ , —= —_ ' —1 t Lot Frontage -ROW R.O.W. ROW. / R.O.W.=A.Defined on ROW.=As Dsfnea an Thoess .Ar.Plan R.O.W.=As Define.]on ThmayMere Plan Tllwu�fsae Pon 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 • 80 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 Structure12 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 develooment • 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 Stror3ores the following districts:C1,C2,CH,CO,M 1.M2,&M3. 2. Side yard setbacks my be reduced to 10 feet where adjacent to any of tower tempt the following districts:CD,CN,and R4. chimneys aro exempt 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. see Budding Height Flat Roof Structures Gable Roof Structures (from highest (from highest gable roof) section of'tat foof) Maximum Structure Height: • Primary Structure:40 ft. •Accessory Structure. 18 ft. Maximum Stories • 3 stones 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 12 PC-25-18 I Letter of Intent March 18,2025 City of Jeffersonville 500 Quartermaster Court, Suite 200 Jeffersonville, IN 47130 Subject: Letter of Intent-The Cottages at Utica Sellersburg Road Dear Plan Commission, On behalf of ABC Land and KGF Homes, I formally express our intent to pursue the rezoning and development of The Cottages at Utica Sellersburg Road. This joint project will feature nine thoughtfully designed two-bedroom homes, emphasizing functionality, quality, and sustainability—core values of KGF Homes. We look forward to collaborating with the City of Jeffersonville and appreciate your guidance on the next steps. Please let us know any requirements necessary to proceed. Sincerely, Paul R. Gerard General Manager I KGF Homes EDU Division Austen Dockens, CPA CFO I KGF Homes 954 Market Street, Charlestown, IN 47111 I (812)725-2662 www.JubileeHomes.com Page 9 of 12 PC-25-18 Site Plan .14100. ... _ t� z _ ems . 4 PC 25 18 Page 10 of 12 Development Renderings 131:, )t,it'Ill 4,' A , 11, 0'1 - ...,. Al.4. L • '''' —— ' , n , n • ... .cm."4,Armrig.44-.4404x411t. n. I . I —... - *11011111010,06-**1' .1. 1 I •al. „ E, .._ .._ ,_ _........................,...... ,..................... i _ 0 MO : „• — .... I . a :: ::: ::: 1 . _ _ .... “• ,.• 1 On -----.7"--F-----'-- Ma IN MI ----- , „ ——--- „ - , Page 11 of 12 PC-25-18 Tiny Home Renderings / /// 1 / 1 1 011-001 i 1 1 I I 1/ NI Ii 1 7 I 4 MIMI 1731 ri ip-cto ...I ,III�I/�l�11�� I.........I• U,......amNsmemu—um— MINI MINN FE Mil _11111:1111. 7-1 1111H111 1 1 MIN IPC 25 18 Page 12 of 12