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Home My WebLink About2025-OR-30 Ordinance Changing the Zoning of Property Located at 303 West Market for CN-Commercial-Neighborhood STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2025-OR- 3) AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 303 WEST MARKET STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R4-SINGLE FAMILY RESIDENTIAL-OLD CITY TO CN-COMMERCIAL- NEIGHBORHOOD Whereas, Brian and Anita Oldham filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of a certain tract of real property located at 303 West Market Street and fully described in the attached Exhibit A from R4-Single Family Residential-Old City to CN-Commercial-Neighborhood and, Whereas, on June 24, 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 July 7, 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 a portion of the real property located at 303 West Market Street and fully described in the attached Exhibit A is hereby changed from R4-Single Family Residential-Old City to CN-Commercial-Neighborhood. 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 7th day of July, 2025. Common Council of the City of Jeffersonville, Indiana VOTED FOR: VOTED AGAINST: 02'441167/ 74e, ..4cmycL Evan Stoner, President Lisa bill City Clerk Prepared by: Les Merkley Corporate Counsel CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley,Corporation Counsel/Director of Legal Affairs 812-285-6493 office G1-?Y 0-�. WC�4j o N 812-285-6403 fax �J www.cityofjeff.net 4RS 1 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 303 WEST MARKET STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R4 (SINGLE FAMILY RESIDENTIAL-OLD CITY)TO CN(COMMERCIAL-NEIGHBORHOOD) NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A PORTION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 303 WEST MARKET STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R4(SINGLE FAMILY RESIDENTIAL-OLD CITY)TO CN(COMMERCIAL- 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 portion of a certain tract of property located at 303 West Market Street as recommended by the Plan Commission from R4 (Single Family Residential-Old City) To CN (Commercial-Neighborhood) A public hearing will be held on Monday,July 7,2025 at 6:00 pm in the City Council Chambers, 1s1 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. _—. ;19 Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812)285-6423 POSTED AND EMAILED ON June 25, 2025 TO THE FOLLOWING: Via Email to: dsuddeath@newsandtribune.com Via Email to: newsroom@newsandtribune.com Posted to: www.cityofieff.net Live Transmissions of meeting and archived copies of live transmissions of meeting can be found at: https://vimeo.com/cityofjeff Public Meeting Notices and Agendas can be found at http://services.cityofeff.net/WebLink/ STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF: Brian and Anita Oldham I PC-25-26 TO REZONE CERTAIN TRACT: 10-19-00-100-2 84.000-010 FROM: R4(Residential-Old City)to CN(Commercial-Neighborhood) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Brian and Anita Oldham filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from R4 to CN • Docket Number PC-25-26 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on June 24,2025 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 June 24, 2025 , the Jeffersonville Plan Cor�.mission (circle one): Favorably Recommends / favorably Recommends/ Provides NO Recommendation t a the Jeffers° i e Common Council enact by ordinance the proposed zoning designation change of the property from R4 to CN as requested in the petition of Brian and Anita Oldham I PC-25-26 • So certified this 24th day of June 2025 A.,LA -k-id--J- -m-— Chairman Plan Commission GAT y OA. Staff Report 1:1-0.74iim:L. cs, June 24, 2025 illiC) N Case No: PC-25-26 L, - - W Location: 303 W. Market Street .. Applicant: Brian and Anita Oldham ��T ' `V Current Zoning: R4 (Single Family Residential -Old City) J Proposed Use: Commercial �RSO Council District: District 1 - Dustin White Request ,. _: v , ,� 2,,•j�� Rezone property from R4 (Single Family ;I ;, f ` 1 . . \' Residential Old City) to CN (Commerciali , t 1044 IP Neighborhood). i 1 1 Case Summary • "`' �, 8 4 � ,e4 lio The applicant is proposing to rezone the property _ I '� to Commercial — Neighborhood to allow for future , ' ,.�� commercial uses, including a design studio, on a *, -' ,••A `I} i• . -1 .x�' the property. ' art- 1 ...3�°.._.", ,- . ISIW'. "h Staff Finding/Opinion _ "�a The proposed zoning district allows for small- \ 'it 1'• 1;`) ',• �: scale commercial uses to be permitted on the «'. in.,. .• . -, .t property. There are a few similarly zoned �" 4^ .°4-, ,041- I + _`. `, properties within a block of the property that have blended into this residential portion of Downtown without issue. Staff believes that given the prominent location of the property adjacent to Big Four Station, a commercial zone district would be appropriate and would give the owners of the historic property more options for investment in Downtown. 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-25-26) to the Jeffersonville City Council with (insert recommendation]as presented to the Plan Commission on June 24, 2025. Page 1 of 8 PC-25-26 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 R4 (Single Family Residential —Old City). Adjacent . , ., �,", ., properties are zoned R4 to the North, West, ! ..• , = `,' /�; �• and South, PR (Parks and Recreation) to the ' .\00.; North, and M1 (Multi-Family Residential — Small 7 '\ Scale) to the West and South. District Intent: Existing The R4 (Single Family Residential — Old City) District is intended to provide a land use category for a mix of residential uses within the oldest portions of the City. This district shall be seen as "fixed" and NOT be used for new developments outside the City's core, although existing lots surrounded by or within close proximity to other R4-zoned properties may be rezoned to this district on a case by case basis. 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. District Intent: Proposed The "CN" (Commercial - Neighborhood-Scale) District is intended to provide a land use category for small-scale commercial uses that provide products and services to neighborhoods. The provisions that regulate this land use district should promote appropriate commercial uses that are clearly non- conflicting with adjacent neighborhoods in Jeffersonville. Jeffersonville's Plan Commission should strive to use this district exclusively for small, existing lots along important road corridors in older portions of the City. The Plan Commission and Board of Zoning Appeals should strive to exclude businesses from the "CN" district that are not family oriented or that have an adverse effect on the existing adjacent neighborhoods. Future Land Use Map and Planning Districts This property has a Future Land Use classification of Downtown Mixed Use. This category covers Downtown Jeffersonville and adjacent areas. This area should retain its broad mix of commercial, residential, and institutional uses. Legacy industrial uses in the area, however, should not be allowed to expand significantly and should be encouraged to transition away from industrial use when they close down or decide to relocate. Emphasis should be made on preserving and enhancing the historic, small- town, character of the area and making it even more pedestrian friendly. Page 2 of 8 PC-25-26 •--- liiiilikVI-V7*,47`v- 1 ZA" 6.44 mu s ��I l: ;�him r �..�:4 #w••/, FUTURE LAND cial 'USE I ��Iv :,,i ` dors Pr4.V�*** Downtown Mixed Use r r Industrial NI 1I\ _• •r 1Industrial/Commercial • r___J Mixed Use "� — ff..., L- Mixed Neighborhood Residential Neighbhorhood Future Land Use Map .... ./ / 1* (,:jj. i / / 4 / 3, 0 - \. ✓ Y V r / / Planning Districts Map The project falls into the Downtown District on the Planning Districts Map. The following is description of this Planning District from the Comprehensive Plan. plannina District 1: Downtown Planning District 1 is comprised of a broad mix of uses in a historic setting. Serving as the City's primary business, commercial, civic, and entertainment district, it gives identity to the entire community. This area is pedestrian-friendly with sidewalks and street fronting buildings and affords easy access to other modes of transportation including bicycles and public transit. The following goals are established for the Downtown Planning District: • Provide for a mix of high-density, high-intensity commercial, residential, and civic uses • Highly limit auto-centric uses such as auto sales, repair shops, and drive-thru businesses • Support historic preservation and adaptive reuse of existing historic structures • Encourage infill development and redevelopment that enhances the historic character of the neighborhood and fosters a lively pedestrian environment, especially in NoCo and the Court Avenue corridor • Minimize parking lots, blank walls, fences, and other features that do not contribute to a pedestrian-friendly atmosphere • Incentivize development to enhance and build upon the NoCo arts district's aesthetic by including public art and architectural design features that are reflective of the District Page 3 of 8 PC-25-26 4 Additional Notes • None Attachments 1. Letter of Intent 2. Current Zoning Layout 3. Proposed Zoning Layout Letter of Intent Rezoning 303 West Market Street,Jeffersonville IN Letter Of Intent The brick house that sits at the corner of Mulberry and Market streets showcases beautiful Italianate architecture built in the 1860s and is one of the historic century homes that has persevered through the big flood of 1937. We have had the privilege of owning it since early 2022.We have great interest in continuing to enhance and preserve this property and seek only to improve the neighborhood and this special area of Jeffersonville adjacent to the Big Four Bridge. We request the rezoning of 303 West Market Street from R4 to CR.We would like to convert space on the property to create an artistic design studio.We continue to be mindful of the historic neighborhood and the thriving downtown areas and want to make intentional improvements that vibe with how Jeffersonville is leading the region toward an engaged, exciting community. Sincerely, Brian&Anita Oldham Page 4 of 8 PC-25-26 Current Zoning Layout R4 District (Single Family Residential - Old City) R4 3.42 R4 District Intent, Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The R4(Single Family Residential Residential Commercial:General -Old City)District is intended to • bed and breakfast • child care center(day care) provide a land use category for a •child care/day care(owner- Communications/Utilities mix of residential uses within the occupied) •telecommunications facility(other oldest portions of the City.This • dwelling multi-family duplex than microcellular) district shall be seen as "fixed"and • dwelling multi-family-3 to 4 units1 Institutional/Public Facilities NOT be used for new developments •dwelling single family •church,temple,or mosque outside the City's core,although •dwelling single family,attached2 • public recreation center/pool existing lots surrounded by or within • residential facility for Residential close proximity to other R4-zoned developmentally disabled/mentally •dwelling accessory dwelling unit3 properties may be rezoned to this ill(less than 4 units) • boarding house(owner occupied) district on a case by case basis. • short-term rental(See Article 8.11) •dwelling multi-family-3 to 4 units4 The Jeffersonville's Plan Commission Institutional/Public Facilities • residential facility for and Board of Zoning Appeals • public park developmentally disabled/mentally should strive to protect this district Miscellaneous Uses ill(more than 4 units) from conflicting land-uses such • child care/day care:owner occupied as industrial and large-scale • home occupation#1 commercial uses as well as non- • home occupation#2 family oriented businesses. Notes: 1. Where an existing building is converted to multiple units. 2. 100 foot maximum building length for all attached units. 3. See Article 8.2 for additional standards. 4. New building 3-46 Jeffersonville Unified Development Ordinance Page 5 of 8 PC-25-26 4 -1 R4 District (Single Family Residential - Old City) a4 3.43 R4 District Development Standards Lot Dimensions Setbacks Other Requirements ------ Lot Width- . 6 Setback° ) CSC >" .°"O 1� Side — Binary -,= tY Lot � Area Yard >•---• ._ Structure Setback (1) --- I o p 0 • 0 Property cti_.. � 6 ; Line LW Belding Yard coverage Envabpa ael6atlt Lot From--R.O.W. R.O.W. R.O.W. ROW. A. .e Defined on Thoroh Name Plan P.O.W.R O.W. Name on Thoroughfare Plan P.O.W.=N Defined on Thoroughfare Plan Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage • 2,500 Square feet • Average of the setbacks of the • See formula below2 Minimum Lot Width: adjacent structures1 Minimum Residential Unit Size • 25 feet Minimum Side Yard Setback: • 600 square feet Minimum Lot Frontage: • 3 ft.for the Primary Structure Minimum Structure Width • 20 feet • 2 ft.for an Accessory Structure • 18 feet. 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 rnseWr xemw Administrator;a 50%reduction from the average setback may be taken drnneya are eI.L.Mpt on one face of a corner lot. 2. 0.25 x[Lot Area in sq.ft.]+2,000.Maximum of 90%coverage. 't'•d Building Height 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 3-47 Page 6 of 8 PC-25-26 Proposed Zoning Layout CN District (Commercial - Neighborhood Scale) .711 3.12 CN District Intent,Permitted Uses,and Special Exception Uses District intent Permitted Uses Special Exception Uses The'CN'(Commercial- Commercial:Food Sales/Service Commercial:General Neighborhood Scale)District is • butcher shop/meat market •dry cleaning service intended to provide a land use •convenience store without gas Communication s/Utilities category for small-scale commercial pumps • Telecommunications Facility uses that provide products and •food service:small scalet2 Institutional/Public Facilities services to neighborhoods.The •grocery store •church,temple,or mosque provisions that regulate this land use • restaurant/pub2 • government offices district should promote appropriate Commercial:General • library commercial uses that are clearly •artisan studio/artisan center • Police/Fire Station non-conflicting with adjacent • barber/hair salon/nails/tanning • Post Office neighborhoods in Jeffersonville. • building/landscape/civil contractor2 Residential Jeffersonville%Plan Commission •coin laundry • boarding house(owner-occupied) should strive to use this district • child care center(day care) •dwelling accessory dwelling unit4 exclusively for small,existing lots •clothing alterations/shoe repair along important road corridors in • health spa older portions of the City. • medical/dental/Physical therapy/ chiropractor office The Plan Commission and Board • pet care/grooming/vet clinic3 of Zoning Appeals should strive to • photography studio exclude businesses from the'CN' • print shop/copy center district that are not family oriented • professional office or that have an adverse effect on the • retail-1(small scale)1 existing adjacent neighborhoods. • retail 5(used goods)1-2 Business:Reereation/Fltness •dance/aerobics/gymnastics/ martial arts studio •fitness center/gym Residential • bed and breakfast •dwelling multi-family-duplex •dwelling multi-family-3 to 4 units •dwelling single family •short-term rental(See Article 8.11) Miscellaneous Uses •accessory uses •child care/day care:owner occupied • home occupation#1 • home occupation#2 Additional Notes: 1. See definition in Article 12 2. Limited to 1,500 SF-Special exception where greater 3. No outdoor kennels 4. See Article 8.2 for additional standards. 3-16 Jeffersonville Unified Development Ordinance I Page 7 of 8 PC-25-26 CN District (Commercial - Neighborhood Scale) n 3.13 CN District Development Standards Lot Dimensions Setbacks Other Requirements 1 Lot Width _.. ....___... 'Roar Yard O & setb.ckQ 6) 0 Accessory CJ(•r. structures) Lot -... Side - -_.._ Yard ai-- �.-- i l Area 3 Setback F.1 l�l W 0 p_ 0. (' I_—=, to7... ..........7. �' .. b - PrLine Lot Lkfe Coverage Vard FJnalope 8elEafJ[ ////// Lot Frontage—'R.O W. __� R.O.W. / R.O.W. R.O.W.=Al Defined on Thoroughfare Plan R.O.W.=Al Defined on 7Taagnfare Plan / ROM.=As Defined an Thoroughfare Plan Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage: • 5,000 sq.ft. • 10 ft.when adjacent to an arterial or • 85%of the lot area Maximum Lot Area: average setback whichever is less. Min./Max.Main Floor Area: • 20,000 sq.ft. • 5 ft.when adjacent to a local street • 800 sq.ft.min.for primary struct. Minimum Lot Width: or average setback whichever is less. • 5,000 Sq.ft,max.for primary struct. • 50 ft Minimum Side Yard Setback: Minimum Floor Area per Unit: Minimum Lot Frontage: • 5 ft. for the Primary Structure • 500 square feet average per • 50 ft. • 2 ft.for an Accessory Structure Dwelling Unit in a multiple-unit Minimum Rear Yard Setback: primary structure,with 400 square • 12 ft for the Primary Structure feet being the absolute minimum. • 2 ft.for an Accessory Structure Height Miscellaneous Notes: 1. Maximum of two stories for fully commercial structures;structures with Accessory SWctures residential units may utilize third floor,attic-like spaces under a pitched roof, loamn.Uanlrbl is erupt danri are exempt et1°d Building Height Flat Roof Structures Gable Root Structures (from highest (from highest gable roof) section of Oat roof) Maximum Structure Height: • Primary Structure:28 ft 1 •Accessory Structure:20 ft 4 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 3-17 Page 8 of 8 PC-25-26