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HomeMy WebLinkAbout2025-OR-33 Ordinance Changing the Zoning at 2203 Allison Lane from R1 to CN STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2025-OR- 2 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED ON 2203 ALLISON LANE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1-SINGLE FAMILY RESIDENTIAL-LARGE LOT TO CN-COMMERCIAL-NEIGHBORHOOD Whereas, Cora Dennie filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located on 2203 Allison Lane and fully described in the attached Exhibit A from R1-Single Family Residential-Large Lot to CN- Commercial-Neighborhood and, Whereas, on July 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 August 4, 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 2203 Allison Lane and fully described in the attached Exhibit A is hereby changed from R1-Single Family Residential-Large Lot 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 4th day of August, 2025. Common Council of the City of Jeffersonville, Indiana VOTED FOR: VOTED AGAINST: Gt /9‘,41 PU /AA,. Evan Stoner, President ATTEST 7 Jam) Lisa Gill City Clerk Prepared by: Les Merkley Corporate Counsel 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 2203 ALLISON LANE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM 141 (SINGLE FAMILY RESIDENTIAL-LARGE LOT)TO CN(COMMERCIAL-NEIGHBORHOOD) NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 2203 ALLISON LANE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Ill (SINGLE FAMILY RESIDENTIAL-LARGE LOT) 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 certain tract of property located at 2203 ALLISON LANE as recommended by the Plan Commission from 141 (Single Family Residential-Large Lot)to CN(Commercial- Neighborhood) A public hearing will be held on Monday,August 4,2025 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 July 30,2025 TO THE FOLLOWING: Via Email to: dsuddeath@newsandtribune.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: Cora Dennis I PC-25-29 TO REZONE CERTAIN TRACT: 10-19-01-200-379.000-009 FROM: R1 (Single Family Residential-Large Lot)to CN(Commercial-Neighborhood) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Cora Dennis filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from R1 to CN ; Docket Number PC-25-29 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on July 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 July 29,2025 , the Jeffersonville Plan Commiss'o I circle one): avorably Recommends / Unfavorably Recommends/ Provides NO Recommendation that t e Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from R1 to CN as requested in the petition of Cora Dennis i PC-25-29 ' So certified this 29th day of July , 2025 w'1a Chairman G`-�y O� Plan Commission Staff Report � �,...� � July 29, 2025 Case No: PC-25-29 L. I- w Location: 2203 Allison Lane T - Applicant: Cora Dennie VAT ' - � Current Zoning: R1 (Single Family Residential — Large Lot) J Proposed Use: None— Preparing for sale of lot FRSOX4 Council District: District 5— Donna Reed 171 Request #" �, ,40, ;;i ?. � Rezone property from R1 (Single Family Residential — '� �•, Large Lot) to CN (Commercial Neighborhood). \, ik- ° Case Summary '0"��� _ , r The applicant is proposing to rezone the property from t " '' rf ' g, r , R1 to CN as a part of listing the property for sale. f Staff Finding/Opinion 'fi +*` "., " ,,( i V`y1 4 The location of the property is in a transitional area between 10th Street and Middle Road. While the ,_ 4 °` � Future Land Use map shows the property as °''. '�, 1 Residential Neighborhood, it sits between a commercially used properties and is across the street L ` .. from a large apartment complex. The Comprehensive Plan states that properties in this area should be protected from the higher-intensity commercial uses near 10th Street and provide a deliberate transition to the residential areas to the south. To that end, zoning the property Commercial — Neighborhood rather than a higher-intensity commercial zone such as C1 or C2 seems appropriate. Given all this, Staff does not have concerns with 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-25-29) to the Jeffersonville City Council with (insert recommendation]as presented to the Plan Commission on July 29, 2025. Page 1 of 8 PC-25-29 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 R1 (Single M h Family Residential— Large Lot). Adajcent properties are zoned R1 to the West and South, C1 (Commercial — Small Scale) to the North, and M2 (Multi-Family Residential — Medium Scale) to the East. '�.� ' A � District Intent: Existing The R1 (Single Family Residential — Large Lot) District "• is intended to provide a land use category for single family homes on large 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 "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 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 8 PC-25-29 AlibeW °°) , ),_.. 01410* °ode \/ FUTURE LAND USE v Commercial Corridors I i Downtown Mixed Use il` '\ , l J i i Industrial ' , , ('--1 Industrial/Commercial / _i . r.___.l Mixed Use / Mixed Neighborhood / "A <it Residential Neighbhorhood 440 Future Land Use Map • 6 4 ' 8 4• 05 f ,1/4` % A 3 s` ' i i Planning Districts Map The project falls into the Midtown District on the Planning Districts Map. The following is description of this Planning District from the Comprehensive Plan. Plannina District 5: Midtown Planning District 5 consists of a mix of commercial developments, institutional uses, and residential neighborhoods situated around 10th Street in the central portion of Jeffersonville. Development within this District spans decades - from the 1920s on the west end to the 1980s on the east end of the district. Much of the development in the district is automobile-oriented with large strip centers, gas stations, auto repair shops, and drive-thru fast-food restaurants. As newer commercial centers have formed further out, this area has fallen into decline and needs a good deal of adaptation in order to be productive again. Densification, mixing residential and commercial uses, multi-modal transportation enhancements, and the creation of smaller town centers could reinvigorate this area. The following goals are established for the Midtown Planning District: • Promote redevelopment, adaptive reuse, and infill development along 10th Street Page 3 of 8 PC-25-29 • Support the creation of higher-density, pedestrian-oriented developments along the corridor including pocket neighborhoods and town centers. Larger developments should consider opportunities for the creation of public spaces such as plazas, squares, or mini-parks • Promote mixed-residential development along the Jeffboat rail spur that may take advantage of the potential for access to Downtown and the River afforded by the spur • Ensure intentional transitions between higher intensity uses along 10th Street and adjacent single-family neighborhoods. Transitions may be made through changes in building scale, increased setbacks for taller buildings, and landscaping enhancements. • Provide a broad mix of housing types and price-points to ensure a diversity of residents • Require new developments to install sidewalks where existing sidewalk connections to local neighborhoods are missing Additional Notes • None. Attachments 1. Letter of Intent 2. Current Zoning Layout 3. Proposed Zoning Layout Attachments Letter of Intent(written) We have a vacant lot that we want to sell. Due to the close proximity of commercial businesses in the area we feel that zoning CN would be the best fit for our property Page 4 of 8 PC-25-29 Current Zoning Layout RI District (Single Family Residential - Large Lot) R11 3.36 R1 District Intent, Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The R1(Single Family Residential Residential Commercial:Recreation/Fltne s -Large Lot)District is intended to • child care/day care(owner- •golf course/country club provide a land use category for occupied) Communications/UtlRbs single family homes on large lots. • dwelling:single family • public well The provisions that regulate this • residential facility for •telecommunications facility(other land use district should protect, developmentally disabled/ than microcellular) promote and maintain existing mentally ill(less than 4 units) instttutional/Public Facilities residential areas in the City of •short-term rental(See Article 8.11) •church,temple,mosque Jeffersonville and may also be used Institutional/Public Facilities • public recreation center/pool for future housing growth. • public park Residential The Jeffersonville's Plan Miscellaneous Uses •dwelling:accessory dwelling unit1 Commission and Board of Zoning •child care/day care:owner • residential clubhouse/community Appeals should strive to protect this occupied rooms district from conflicting land-uses • home occupation#1 Institutional/Public Facilities such as industrial and large-scale •church,temple,or mosque commercial uses as well as non- • public recreational center family oriented businesses. Residential Article 6 of this ordinance includes •dwelling single family,attached2 additional options and incentives Miscellaneous Uses for the development of subdivisions • home occupation#2 that preserve natural open spaces. floodplains,etc.that exist on site and/or dedicate and construct public park facilities. Additional Notes: 1. See Article 8.2 for additional standards. 2. 200 foot maximum building length for all attached units 3-40 Jeffersonville Unified Development Ordinance Page 5 of 8 PC-25-29 R1 District (Single Family Residential - Large Lot) i1) 3.37 RI District Development Standards Lot Dimensions Setbacks Other Requirements — Lot Width ---- 'Rear Yard t• � Side Lot . of Primary i. . Area I""'�"1 Yard 1--.. Structure 1 I ? Setback _ [-i LLn v C- 0 ®\ . . . • • „.„ .,.,,, n PmpertY 4._. i Line f Lot Coverage Building "Font Yard Envelope Setback • Lot Frontage ROW R.O.W. R.O.W. RC.W.=A.Defined on Thoraghters Plan RO.W.=AA Defined on T1.olo rf•re Plan ROW=As Droned on Tltorotronfens Pt., Minimum Lot Area: Minimum Front Yard Setback:" Maximum Lot Coverage • 9,000 Square feet • 30 ft when adjacent to an arterial • See formula below` Minimum Lot Width: • 25 ft.when adj.to a local street Minimum Residential Unit Size • 60 feet" Minimum Side Yard Setback: • 1,200 square feet Minimum Lot Frontage: • 7 ft.for the Primary Structure' Minimum Structure Width • 25 feet • 5 ft.for an Accessory Structure • 22 feet for at least 60%of its length. Minimum Rear Yard Setback: Maximum Primary Structures •20 ft.for the Primary Structure • 1 Primary Structure • 5 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 antra the zoning district's front yard setback at the discretion of the Zoning 'tower es exempt Administrator;a 25%reduction may be taken on one face of a corner chimneys are sank lot. 2. At corner lots on local streets,the front setback may be reduced to shed Building 20 feet Height 3. On wedge shaped lots along a road curve or at the end of a cul-de-sac, mat Roof Strvaurea Gable Roof Structures the setback may be reduced to a minimum of 5 feet so long as the (from highest (from highest gable roof) average setback is greater than 7 feet. section of flat roof) 4. Where larger structures are allowed per Article 7 the maximum height Maximum Structure Height: may be increased to 20 feet. • Primary Structure.35 feet 5. 0.25 x[Lot Area in sq.ft.]+2,000.Maximum of 90%coverage. • Accessory Structure. 18 feet4 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 3-41 Page 6 of 8 PC-25-29 Proposed Zoning Layout CN District (Commercial - Neighborhood Scale) rN; 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 Communications/Utilities category for small-scale commercial pumps •Telecommunications Facility uses that provide products and •food service:small scale12 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 contractor' Residential Jeffersonville's Plan Commission •coin laundry • boarding house(owner-occupied) should strive to use this district •child care center(day care) •dwelling accessory dwelling unit' 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)-2 Business Recreation/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/daycare: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 Page 7 of 8 PC-25-29 CN District (Commercial - Neighborhood Scale) Fl 3.13 CN District Development Standards Lot Dimensions Setbacks Other Requirements - Lot Width— ----------- 'Rear Yard r c9 ° ( .��A r9m" naary 0 r.� Lola Side v Primary }J_ Area ri 1 6- Yard r.—+ n Structure ❑ I 1 o Setback L JI 0 r , • i 0,p P� C.) 1 Lot • (� , Building hearted Coverage Envelope Setback 1 j Lot Frontage R.0 W l r R.O.W. Z.r. R.O W. RO.W.=Aa Defined on Thoro pMert Plan R.O.W.•Aa Dnt Theed on orgphtere Plan O.W=As Defined on ihvwphW 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 structures residential units may utilize third floor,attic-like spaces under a pitched r w:ner,. roof. exempt °f,anaam are mama awl Building Height Flat Roof Structures Gable Roof Structures (from highest (from highest gable roof) section of net roof) Maximum Structure Height: • Primary Structure 28 ft 1 • Accessory Structure 20 ft 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-25-29