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HomeMy WebLinkAbout2025-OR-24 (FAILED) Ordinance of Rezone Request for Property on 130 & 132 Harrison Ave i 6/aAs-- STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2025-OR- a AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED ON 130 AND 132 HARRISON AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3-SINGLE FAMILY RESIDENTIAL-SMALL LOT TO IN-INDUSTRIAL- NEIGHBORHOOD Whereas, Brent Holderman filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located on 130 and 132 Harrison Avenue and fully described in the attached Exhibit A from R3-Single Family Residential-Small Lot to IN-Industrial-Neighborhood and, Whereas, on May 27, 2025 the Jeffersonville Plan Commission has No 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 June 2, 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 130 and 132 Harrison Avenue and fully described in the attached Exhibit A is hereby changed from R3-Single Family Residential-Small Lot to IN-Industrial-Neighborhood. IT IS FURTHER ORDAINED that the zoning map of the City of Jeffersonville shall be amended to include such change. 4 This ordinance shall be in full force and effect upon its adoption. SO ORDAINED this 2nd day of June, 2025. r Common Council of the City of Jeffersonville, Indiana VOTED FOR: VOTED A AINST: 7 d--/-- -- DIA, Fag 4- el( 4� resident ATTEST: Lisa G. I City Clerk Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF: Brent Holderman i PC-25-16 TO REZONE CERTAIN TRACT: 10-20-00-800-429.000-010 and 10-20-00-800-430.000-010 FROM: R3(Single Family Residential-Small Lot)to IN(Industrial-Neighborhood) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Brent Holderman 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 IN ; Docket Number PC-25-16 ; 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): Favorably Recommends/ Unfavorably Recommends/ Provides NO Recommendation that the Jeffersonville Common Council enact by ordinance the pLQposed zoning, designation change of the property from R3 to IN as requested in the petition of Brent Holderman I PC-25-16 • So certified this 29th day of April 2025 1A/te jail") 114 Chairman a CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley,Corporation Counsel/Director of Legal Affairs ok' 812-285-6493 office W ���Iry6* w 812-285-6403 fax t. W www.cityofjeff.net C v Jeffersonville City Hall FRSOW. 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 130 AND 132 HARRISON AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 (SINGLE FAMILY RESIDENTIAL- SMALL LOT)TO IN(INDUSTRIAL-NEIGHBORHOOD) NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 130 AND 132 HARRISON AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 (SINGLE FAMILY RESIDENTIAL-SMALL LOT)TO IN(INDUSTRIAL- NEIGHBORHOOD) 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 130 and 132 Harrison Avenue with no recommendation by the Plan Commission from R3 (Single Family Residential-Small Lot)to IN-(Industrial-Neighborhood) A public hearing will be held on Monday,June 2,2025 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 r I nce 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 May 28,2025 TO THE FOLLOWING: Via Email to: dsuddeath@newsandtribune.com Via Email to: newsroom@newsandtribune.com Posted to: www.cityotjeff.net 10 Posted at Jeffersonville City Hall G�'C y O� Plan Commission r Staff Report April 29, 2025 0l'aips, 'o • © _ N Case No: PC-25-16 W Location: 130 and 132 Harrison Avenue ot, �' s� Applicant: Brent Holderman .T ' � J Current Zoning: R3 (Single Family Residential —Small Lot) ��� Proposed Use: Auto repair garage kpSoN Council District: District 1 — Dustin White ^n� Request t ,, y49 Rezone property from R3 (Single Family Residential — Small Lot) to IN (Industrial - Neighborhood). .t ° Case Summary r „ - The applicant is seeking to rezone the property to I ' I a ''~1n °, facilitate the development of a truck repair garage. ,,,,. Should this property be rezoned, the applicant will also need to obtain a Special Exception to allow the use of ' , R ' o s i „ ._ auto repair. The applicant will also likely need a number , "` r• of Development Standards Variances based on the - preliminary site plan they have provided. - _II ' t A Staff Finding/Opinion ~, - P.The area the proposed rezoning is in is one of the lowest socioeconomic neighborhoods in the City of Jeffersonville. It is especially important to protect these areas from additional exploitation and ensure that residents of the area are able to live safe and healthy lives. To that end, the City's Comprehensive Plan, Unified Development Ordinance, and Future Land Use all reference the desire to reduce industrial uses in this area, not add to them. The proposed rezoning goes against all of these planning efforts by the City and as such, Staff strongly recommends denial of this rezoning. 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-25-16 to the Jeffersonville City Council with (insert recommendation] as presented to the Plan Commission on April 29, 2025. Page 1 of 10 PC-25-16 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 t ! , . . Current Zoning 4 The subject property is shown in the zoning map to the right. The property is zoned R3 (Single • Family Residential — Small Lot). Surrounding properties are zoned R3 to the North, East, and i South and IN (Industrial — Neighborhood)to the North and West. /I District Intent: Existing i I The R3 (Single Family Residential —Small Lot) District is 1 1 ' I intended to provide a land use category for single family homes on smaller-sized lots. The provisions that regulate 4. Ii,kt this land use district should protect, promote and maintains R ^ II 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 "IN" (Industrial - Neighborhood Scale) District is intended to provide a land use category for existing industrial uses in older areas of Jeffersonville. The provisions that regulate this land use district should mitigate industrial impacts on surrounding neighborhoods and the environment, yet provide some growth potential for the existing industries. Jeffersonville's Plan Commission and Board of Zoning Appeals should only use this district for existing industrial uses and their expansion. The Plan Commission and Board of Zoning Appeals should be very careful in allowing this district. Environmental concerns, public safety, public welfare, and protection from all forms of pollution should be the highest priority. The Plan Commission and Board of Zoning Appeals should also strive to minimize lighting, parking lots fronting major streets, excessive use of signs, and traffic conflicts in the IN District. Buffering should be strictly upheld and outdoor storage discouraged. 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-25-16 s xi e_/, \ '#;;., -- ---1 C— # ' ,,t •I. U `*•4# iFUT i RE LAND Commercial Corrid USEors _ + Downtown Mixed Use I . t44 i Industrial _—a--'r Industrial/Commercial IN tt _..a Mixed Use i Mixed Neighborhood LI.. i Residential Neighbhorhood Future Land Use Map 7 'S Q 9 I ` \, N. �/ 3. I �\ / / � i 1 /-; " \ _ — Planning Districts Map The project falls into the Greater Claysburg District on the Planning Districts Map. The following is description of this Planning District from the Comprehensive Plan. planning District 2: Greater Claysburg Greater Claysburg contains a broad mix of uses and building forms. At its heart is the historically African-American neighborhood of Claysburg and the Clark Memorial Hospital. The District serves as a gateway to Downtown, and as such, new development in this area should be seen as an extension thereof. The Greater Claysburg area has some potential for urban infill and redevelopment, especially along the major corridors of Spring Street, 10th Street, and Eastern Boulevard. The following goals are established for the Greater Claysburg Planning District: • Encourage infill development including housing, neighborhood-serving commercial, and medical facilities, that enhance the local neighborhoods • Orient new developments toward the street with minimal setbacks and parking located to the side and rear of the building PC-25-16 Page 3 of 10 • Promote pedestrian-friendly building design along Spring Street and Eastern Boulevard • Incentivize clean-up, beautification, and appropriate screening of industrial and automotive uses within the neighborhood • Work with the Housing Authority to improve public housing and promote a mix of incomes within any redevelopment • Consider ways to reduce the impact of large parking lots within this District through redevelopment, parking reductions, and beautification that enhances the district 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-25-16 Current 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 • dwellingmulti-family-duplex home)3 • residential clubhouse/community The Jeffersonville's Plan Commission •short-term rental(See Article 8.11) room and Board of Zoning Appeals Institutional/Public Facilities Institutional/Public Facilities should strive to protect this district • church,temple,or mosque from conflicting land-uses such • public park Miscellaneous Uses • public recreation center/pool as industrialerciluseds a large-scale Miscellaneous Uses commercial uses as well as non- • child care/day care owner family oriented businesses. occupied • home occupation#2 • home occupation#1 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. Only if platted for individual sale in a new subdivision of more than 3 acres in size. 3.44 Jeffersonville Unified Development Ordinance ■] PC-25-16 Page 5 of 10 R3 District (Single Family Residential - Small Lot) .,J 3.41 R3 District Development Standards Lot Dimensions Setbacks Other Requirements - Lot Width 'Rear Yard r) l Accessory 6) ' � G- Structures • •LoSideL Primary 'l Area Yard F Setback ro Property ‘3 �--' 4.-.) Lot i 1. (•y. Line Lot Budding Yard EareloPe 8amacfc -_ Lot Frontage R.O W. R.O.W. R.O W. R O.W.=Ae Defined on Tivour im Pion R O.W.=As Wined n Thormghfere Plen ROW.=A.Wined on Thicsmilahteno Plan 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 Structures 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 •Omer is Administrator;a 25%reduction may be taken on one face of a cornerchimneys estromi lot. 2. At corner lots on local streets,the front setback may be reduced to iAee 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 (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 4 Page 6 of 10 PC-25-16 Proposed Zoning Layout IN District (Industrial - Neighborhood Scale) ) 3.20 IN District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The'IN"(Industrial-Neighborhood Commercial:Auto 8 Vehicle Commercial:Auto&Vehicle Scale)District is intended to provide •auto parts sales •auto accessory installation a land use category for existing Commercial:Food Sales/Service •auto body repair shop industrial uses in older areas of • microbrewery/microdistillery • auto repair,major' Jeffersonville.The provisions that Commercial:General •auto repair,minor' regulate this land use district •artisan studio/artisan center • automobile/truck storage/bus, should mitigate industrial impacts • building/landscape/civil contractor (open air)-no sales on surrounding neighborhoods and (not outdoor storage) •small engine repair the environment,yet provide some • building/landscape/civil contractor Commercial:General growth potential for the existing (WI outdoor storage) •storage:outdoor(enclosed with industries. • mini-storage facility privacy fence) •sign fabrication Communication/Utlllties Jeffersonville's Plan Commission and • public well Board of Zoning Appeals should only •storage:indoor Commercial:Recreation/Fitness • radio/TV station use this district for existing industrial •telecommunications facility uses and their expansion. • crossflt/training center Communication/Utrlty • utility maintenance yard The Plan Commission and Board . Internet server facility • utility substation of Zoning Appeals should be very • Institutional/Public Facilities careful in allowing this district industrial Uses •church,temple,mosque •flex space concerns,ncerns,public • government building safety,public welfare,and protection • manufacturing light1 • police/fire station from all forms of pollution should be •offices(associated with the highest priority. manufacturing facility) • research center/laboratories The Plan Commission and Board of •trade shop Zoning Appeals should also strive • warehouse/distribution/ to minimize lighting,parking lots wholesale business fronting major streets,excessive use • minor expansion or minor of signs,and traffic conflicts in the IN modification of existing industrial District uses Buffering should be strictly upheld Institutional/Public Faclitles and outdoor storage discouraged. • convention/business center • library • museum • public park • public recreation center/pool •school,higher education-single facility Miscellaneous Uses •accessory uses Additional Notes: 1. See definition in Article 12 I 2. No outdoor storage 0 3-24 Jeffersonville Unified Development Ordinance PC-25-16 Page 7 of 10 IN District (Industrial - Neighborhood Scale) kINi 3.21 IN District Development Standards Lot Dimensions Setbacks Other Requirements - LotWidlh - —"'t 'Rear Yard `(9 OcsiiI setback° ) (3) Amory' ��-yy Structures • - ® Side Primary • r1 Lot • II mo. Structured Yarn L�Area o Setback O OC i)1-1 1 O . I r I , ___, ,. i_—_, pra rty - __ L. Lot Una Lot Building Front Yard Envelope Setback //// Lot Frontage RO.W. R.O.W. ROW. l / R.O.W. R.O.W._A.Defined on(tvnbtie pt. R.O.W.:As D.fineC oninwagkWe Pin =As Woad on ThaorgPMr•Plan Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage: • 1 acre(43,560 sq.ft.) • 25 ft.when adjacent to an arterial • 70%of the lot area Minimum Lot Width: • 20 ft.when adjacent to a local street • 100 ft Minimum Side Yard Setback: Minimum Lot Frontage: • 20 ft for the Primary Structure) • 80 ft. • 10 ft.for an Accessory Structure2 Minimum Rear Yard Setback: • 20 ft for the Primary Structure) • 10 ft for an Accessory Structure2 Height Miscellaneous Notes: 1. Side and Rear Yard setbacks for primary structures may be reduced to Accessory Structures 15 feet where they abut another industrially zoned property. 2. Side and Rear Yard setbacks for accessory structures may be reduced to tOW•r "fie°�P± 5 feet where they abut another industrially zoned property. w„eeys ar• •ssoocr 3. See height exceptions in article 3.1.0 •h•d Building Height Flat Roof Structures Dade Roof Structures (frail highest (from highest gable roof) section of fiat roof) Maximum Structure Height: • Primary Structure:35 ft.3 •Accessory Structure:25 ft.3 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 3-25 PC-25-16 Page 8 of 10 Preliminary Site Plan 1 c Naro ` f.0 lw t tp _ i 11 t11 —ram icao � Sol ` 4t s 11 f j y3 a J1H1H12 J E v_ V 0 1 x Pro r 'line fl [ • 1 22 Si ;_ _ - '` o= F dear. L. ° - " CL m Si `o 1 concrete / au],AJJado.,, . _I I •n 1 all„,a,,,.,, —myHayonn - - 0 z c c L u y a 4 > �� 4v v so u .. 0. °Z u u oa< �? m S Y m L Ox m� x- W t-a I...<m c c 0 °D s (� A . hi A E o m= `n `oNpNc'a cc7^7so A q N • i e",° Q.` Z Z 4 ZZ � Y N._ += e o - �0 is = C I PC-25-16 Page 9 of 10 Letter of Intent Letter of Intent March 10,2025 Planning and Zoning 500 Quartermaster Ct Suite 200 Jeffersonville,IN 47130 Dear Committee I would like to tear down 130 and 132 Harrison Ave and build a post frame building 60x120 with 5 bay doors facing Mitchell Ave. 20'x60' of the building would have 4 offices facing Harrison Ave with 5 parking spots. We will be preforming light maintenance on our truck fleet. Sincerely yours, Brent Holderman PC-25-16 Page 10 of 10