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HomeMy WebLinkAbout2025-OR-49 Ordinance Changing the Zoning at 5030 Hamburg Pike to C2 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2025-OR- AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED ON 5030 HAMBURG PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM NS-INSTITUTIONAL USES TO C2-COMMERCIAL-LARGE SCALE Whereas, Jacob Knigge filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located on 5030 Hamburg Pike and fully described in the attached Exhibit A from NS-Institutional Uses To C2-Commercial-Large Scale and, Whereas, on October 28, 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 November 3, 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 5030 Hamburg Pike and fully described in the attached Exhibit A is hereby changed from NS-Institutional Uses To C2- Commercial-Large 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 3rd day of November, 2025. Common Council of the City of Jeffersonville, Indiana VOTED FOR: VOTED AGAINST: L J A ;LIED /1/(x., .6(171/1- Evan Stoner, President ATTEST: isa GM City Clerk Prepared by: Les Merkley Corporate Counsel 5 3 0 ,t r5 p, STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF: Jacob Knigge I PC-25-34 TO REZONE CERTAIN TRACT: 10-21-03-400-888.000-009 FROM: NS(Institutional Uses)to C2(Commercial-Large Scale) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Jacob Knigge filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from NS to C2 ; Docket Number PC-25-34 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on October 28,2025 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 October 28,2025 , the Jeffersonville Plan Commission (circle one): avorEbIvRecommeI2UflfaVo[ i.Y Recommends/ Provides NO Recommendation that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from NS to C2 as requested in the petition of Jacob Knigge I PC-25-34 • So certified this 28th day of October 2025 i/AAC Chairman 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 5030 HAMBURG PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM NS(INSTITUTIONAL USES)TO C2(COMMERCIAL- LARGE SCALE) NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 5030 HAMBURG PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM NS (INSTITUTIONAL USES)TO C2(COMMERCIAL-LARGE 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 5030 Hamburg Pike as recommended by the Plan Commission from NS (INSTITUTIONAL USES)TO C2(COMMERCIAL-LARGE SCALE). A public hearing will be held on Monday,November 3,2025 6:00 pm in the City Council Chambers, 1s`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 October 29,2025 TO THE FOLLOWING: Via Email to:dsuddeath@newsandtribune.com Via Email to:newsroom@newsandtribune.com Posted to: www.cityofjeff.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.cityofjeff.net/WebLink/ Appointed Officers: Duard Avery, Appointed by Mayor, Term: 1/1/2025 to 12/31/2027 Chris Bottorff, Appointed by Mayor, Term: 1/1/2025 to 12/31/2027 Mike McCutcheon, Appointed by Mayor, Tenn: 1/1/2025 to 12/31/2027 Dave Schmidt, Appointed by Mayor, Tenn: 1/1/2025 to 12/31/2027 Bill Burns, Appointed by City Council,Tenn: 1/1/2025 to 12/31/2025 Steve Webb,Appointed by City Council,Term: 1/1/2025 to 12/31/2025 Donna Reed,Appointed by City Council,Term: 1/1/2025 to 12/31/2025 GAT y 0� Plan Commission Staff Report October 28, 2025 101/1 _ Case No: PC-25-33 t,�, = yr Lu Location: 5030 Hamburg Pike Applicant: Jacob Knigge �� �� Current Zoning: NS (Institutional Uses) _`J Proposed Use: Roofing Contractor with Light Manufacturing FRSOX4 Council District: District 4— Scott Anderson Request �+ Rezone property from NS (Institutional Uses) to C2 (Commercial ♦ , — Large Scale). `;'� Case Summary .• : -. . The applicant is proposing to rezone the property that formerly : `C /6 '= , • housed the Jeffersonville Baptist Temple from NS to C2 to allow ,," ;4- t. -A. for a roofing contractor and manufacturing shop to be located at .7„ - - a.« the site. The entire site is in the 100-year floodplain of Lick Run. {/: . The applicants for this property initially requested the property to ;•; r` • ' ` 4=,,�.�~ :�•� be rezoned toll (Business Park/Light Industrial). This matter was - _s+1 = ` -e heard by the Plan Commission in September, 2025 and was tabled at that meeting. The applicants are now requested the property to be rezoned to C2 (to match existing properties) and are also applying for a Use Variance to establish the proposed use on the property. Staff Finding/Opinion Following the tabling of this matter from the September Plan Commission meeting, Staff has worked with the applicants and neighboring property owners to reach a compromise for how best to move this project forward. The initial rezoning request to the I1 zoning district could have opened the door to potentially noxious uses. The current rezoning request to C2 removes most of those potential uses and is more in line with current zoning on this side of Hamburg Pike. Staff feels the C2 zone is appropriate for this property. The Board of Zoning Appeals will also be deciding on a Use Variance to establish the specific use the applicant is requesting. 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-25-34) to the Jeffersonville City Council with [insert recommendation] as presented to the Plan Commission on October 28, 2025. Page 1 of 9 PC-25-34 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 a. Current Zoning % , i Rz The subject property is shown in the zoning map to the right. The property is zoned NS (Institutional Uses). Adjoining properties are zoned C2 (Commercial - Large Scale) to the North and South, R2 (Single Family Residential Medium Scale) to the East and West, and 11 (Business Park/Light Industrial) to the West. `yt'- District Intent: Existing The "NS" (Institutional Uses) District is intended to \; provide a land use category for institutionally owned lands, including state, county, and city facilities. The IS district is also intended for social service oriented uses, and similar non-profit or quasi-public institutions where the use is for public purpose and is anticipated to remain so permanently. The Plan Commission and Board of Zoning Appeals should encourage institutional structures and uses to set a standard for development throughout the planning jurisdiction. District Intent: Proposed The "C2" (Commercial - Large Scale) District is intended to provide a land use category for most large- scale general business uses. This district can be used adjacent to all other commercial, industrial, and multifamily residential districts. Adequate buffering should be provided where located adjacent to any single family residential district. Uses within the C2 district also include some multi-family uses that may be used to create mixed-use commercial and residential districts within the city and/or help rejuvenate aging commercial corridors. The Plan Commission and Board of Zoning Appeals should not encourage "strip development," rather development in clusters that share resources and minimize the cost of public utilities and services. The Plan Commission and Board of Zoning Appeals should also strive to minimize lighting, un-landscaped large parking lots, parking lots fronting major streets, and traffic conflicts in the C2 District. Future Land Use Map and Planning Districts This property has a Future Land Use classification of Commercial Corridors. These areas, centered along major thoroughfares, are slated to retain their broad mix of commercial and institutional uses, but would benefit by the introduction of multi-family or highly-dense single-family residential such as townhomes or condos. For the sake of maximizing commercial street frontage, residential developments should be located above street facing businesses shops or as a transitional element between the commercial corridor and local neighborhoods. Emphasis should be placed on improving sidewalk connectivity between commercial and residential uses. The development of smaller "town centers" or "pocket neighborhoods" with small public spaces is also encouraged where feasible. Page 2 of 9 PC-25-34 � g `'C/ f • • FUTURE LAND USE t '`` i i Commercial Corridors 65 ' in, A J 40 r`--'' Downtown Mixed Use 4. ,, i i• Industrial f w `- I F , —i IndustriedUal/CommercialseI II `___ MixI I , Mixed Neighborhood I II I yr Residential Neighbhorhood Future Land Use Map I \. f /j .. '' / V , _ , \ , ® r t / X /• \ / \, V 1 ' • , / � S / \ / Planning Districts Map 4 The project falls into the West Jeffersonville district on the Planning Districts Map. The following is description of this Planning District from the Comprehensive Plan. Planning District 6: West Jeffersonville The West Jeffersonville Planning District is primarily organized along Hamburg Pike, Charlestown Pike, and Veterans Parkway. This area has been developed almost entirely after 1970 and continues to be developed today. There is a mix of uses in the District, but unlike Districts 1 and 2, these uses are highly compartmentalized into industrial parks, commercial centers, and residential neighborhoods. The District should be seen as mostly stable except for the areas around Veterans Parkway that are continuing to develop. The following goals are established for Planning Area 6: • Support mixed-residential and commercial development at Jeffersonville Town Center and adjacent parcels around the Hamburg Pike and Veterans Parkway intersection • Promote neighborhood-friendly development and densification along Veterans Parkway, Hamburg Pike and Woehrle Road corridors Page 3 of 9 PC-25-34 • Support infill development and redevelopment elsewhere where sensible. Uses and development standards should align with adjacent, similarly-zoned parcels to the greatest extent possible • Support industrial development where established along Hamburg Pike. Consider changes to zoning north of 1-265 that allow for further industrial development • Ensure that any new developments or building additions within existing residential neighborhoods are appropriate in elements such as scale, form, and setbacks; • 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 Additional Notes • None Attachments 1. Letter of Intent 2. Current Zoning Layout 3. Proposed Zoning Layout 4. Site Plan Letter of Intent Letter of Intent(written) I am request.ng rezon;ng approval for the property located at 5030 Hamburg Pike,Jeffersonville,IN 47130,currently serving as a church,to allow for use as a contractor office and shop faciity_ Geoghegan Roofing,founded in 1947 in Louisville,KY,specializes in commercial and industrial roofing,roof repairs,and maintenance. We currently employ over 20 people and plan to relocate our business operations from Louisville to Jeffersonville,bringing these jobs to Indiana with plans for future growth_ Page 4 of 9 PC-25-34 Current Zoning Layout NS District (Institutional Uses) Ns 3.32 NS District Intent, Permitted Uses, and Special Exception Uses District Intent Permitted Uses Special Exception Uses The'NS"(Institutional Uses)District Commercial:General Business Commercial:Auto Sales/Services is intended to provide a land use • child care center(day care) • automobile/truck storage/bus category for institutionally owned •funeral home/mortuary (open air)-no sales lands,including state,county,and Commercial:Recreation/FRness • filling/gas station' city facilities.The NS district is also • ball fields • motor bus station intended for social service oriented • fraternal organization/lodge/ Commercial:Recreation/Fitness uses,and similar non-profit or quasi- private club • banquet hall/event space public institutions where the use is Institutional/Public FadRles Communication/Utltles for public purpose and is anticipated • church,temple or mosque • public wells to remain so permanently. • community center/senior center •sewage treatment plant The Plan Commission and Board of • government building •telecommunications facility(other Zoning Appeals should encourage • government offices than microcellular) institutional structures and uses • library • utility substation to set a standard for development • museum Institutional/Public Facilities throughout the planning jurisdiction. • police/fire station • cemetery/mausoleum/ • post office crematorium • public park • hospital • public recreation center/pool •school,higher education-single •school,elementary/secondary facility • school,higher education-campus •substance abuse treatment- • substance abuse treatment- inpatient2 outpatient(counseling only)2 •substance abuse treatment- Residentlal outpatient2 • dwelling single-family Residential •short-term rental(See Article 8.11) • assisted living facility •child care institution(children's home) • nursing home • residential facility for developmentally disabled/ mentally ill(less than 4 units) • residential facility for developmentally disabled/ mentally ill(more than 4 units) Additional Notes: 1. Only where accessory to another use listed on this table:otherwise see convenience store with gas pumps. 2. See Article 8.12 for additional standards. 3-36 Jeffersonville Unified Development Ordinance Page 5 of 9 PC-25-34 NS District (Institutional Uses) NS,14 3.33 NS District Development Standards Lot Dimensions Setbacks Other Requirements - Lot l 'Rear Yard Structures Lot • - ._ P Side -- " Fey Ilk rl�.-� Area Yard ,�—. -.. r� 9 Setback IL--JI anenure 0ri 4 Oe ---- - ' j 0 - --- Properly p > Line � Building FraeYard Envebpe BeWad( I Z../ r ROW Lot Frontage RO.W. �— R.O.W. / R.O.W.=As Defined m Pla, OW=As Darted on T�W'tar•Plat R.O.W.=As Defined on Thoroughfare Plan T�6hr Minimum Lot Area: Minimum Front Yard Setback:1 Maximum Lot Coverage: • 10,000 sq.ft • 35 ft when adjacent to an arterial • 65%of the lot area° Minimum Lot Width: • 25 ft.when adjacent to a local street Minimum Main Floor Area: • 70 ft Minimum Side Yard Setback: • 900 sq.ft.min for primary struct Minimum Lot Frontage: • 15 ft.for the Primary Structure2 • 65 ft. • 5 ft.for an Accessory Structure2 Minimum Rear Yard Setback: • 20 ft for the Primary Structure3 • 5 ft.for an Accessory Structure3 Height Miscellaneous Notes: 1. Where located in the Downtown or Downtown-adjacent neighborhoods. Accessory structures the front yard setback may be reduced to the average of the adjacent ,eO,aTl� ea. structures at the discretion of the Planning Director. Pt 2. Where located in the Downtown or Downtown-adjacent neighborhoods, chimneys are exempt the side yard setback for primary structures may be reduced to 5 feet; the side yard setback for accessory structures may be reduced to 2 feet. shed Building 3. Where located in the Downtown or Downtown-adjacent neighborhoods. Height the rear yard setback for primary structures may be reduced to 12 feet; Fiat Roof Structures Gable Root Structures the side yard setback for accessory structures may be reduced to 2 feet. (from highest (from highest gable roof) 4. Where located in the Downtown or Downtown-adjacent neighborhoods, section of list roof) the maximum lot coverage may be increased to 85%. Maximum Structure Height: • Primary Structure:35 ft. •Accessory Structure:25 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 3-37 d Page 6 of 9 PC-25-34 Proposed Zoning Layout C2 District (Commercial - Large Scale) ,C2 3.6 C2 District Intent, Permitted Uses,and Special Exception Uses District intent Permitted Uses Special Exception Uses The"C2"(Commercial-Large Scale) Commercial:General Commercial:Auto Jb Vehicle District is intended to provide a land • artisan studio/artisan center • auto body repair shop use category for most large scale • barber/hair salon/nails/tanning • auto repair,majors general business uses.This district • bank/credit union/ATM3 • auto rental can be used adjacent to all other • building/landscape/civil contractor4 • auto sales(limited or no services) commercial,industrial,and multi- • coin laundry • auto sales(with showroom and/or family residential districts.Adequate • child care center/day care full services) buffering should be provided where • clothing alterations/shoe repair • auto wash located adjacent to any single family • dry cleaning service • parking lot,stand alone residential district • health spa •small engine repair Uses within the C2 district also • hotel or motel Commercial:Food Sales/Service include some multi family uses that • medical/dental/physical therapy/ • convenience store with gas pumps may be used to create mixed use chiropractor office Commercial:General commercial and residential districts • pet care/grooming/vet.clinic • building/landscape/civil contractor within the city and/or help rejuvenate • photography studio (with outdoor storage) aging commercial corridors. • print shop/copy center •funeral home/mortuary • professional officer • kennel;commercial The Plan Commission and Board • retail 1,2,3,4 or 51 • retail 61 of Zoning Appeals should not •tattoo studio/piercing shop •sign fabrication encourage'strip development," •temporary service agency •storage:indoor6 rather development in clusters that • veterinarian office/hospital Commercial:Recreation/Fitness share resources and minimize the Commercial:Recreation/Fitness • marina cost of public utilities and services. • banquet hall/event space • outdoor entertainment venueL5 The Plan Commission and Board of • bar/night club/cigar bar6 •theater,outdoor Zoning Appeals should also strive • dance/aerobics/gymnastics/ Communications/Utilities to minimize lighting,un-landscaped martial arts studio • public well large parking lots,parking lots • fitness center/gym • radio/TV station fronting major streets,and traffic •fraternal organization/lodge/private •telecommunication facility conflicts in the C2 District club Institutional/public fall files • indoor entertainment venue-5 •substance abuse treatment- •theater,indoors outpatient(counseling only)7 Institutional/Public Facilities • government offices Permitted Uses • convention/business center • library • hospital • post office Commercial:Auto&Vehicle •school,higher ed.-single facility Residential uses • auto accessory installation • church/temple/mosque,etc. • co-housing community • auto repair,minors Residential Uses • dwelling duplex • auto parts sales • assisted living facility • dwelling multi-family 3-4 units Commercial:Food Sales/Service • nursing home • dwelling multi-family 5-6 units • butcher shop/meat market Miscellaneous • dwelling multi-family 7-12 units • convenience store without gas pumps • accessory uses • dwelling multi-family>12 units • drive thru/drive in restaurant • child care/day care:owner • dwelling single-family •food service:small scale occupied • dwelling single family attached6 • food service:small scale(w/drive •Senior living/retirement community thru) Additional Motes: • food/farmers market(food hall) 1. See definition(s)in Article 12 • grocery store 2. Production area limited to 2.000 square feet • microbrew/distillery(ltd production)2 3. With or without drive-thru • restaurant/pub 4. No outdoor storage 5. Not adult entertainment uses 6. Less than 40%of building and not located on street front. 7. See article 8.12 for addtional standards. 8. 200 foot maximum building length for all attached units 3-10 Jeffersonville Unified Development Ordinance 1111 Page 7 of 9 PC-25-34 C2 District (Commercial - Large Scale) C2i 3.7 C2 District Development Standards Lot Dimensions Setbacks Other Requirements — Lot Width �.. 'Rear Yard (9 �� J-) 1`�O 0 OJ �NctsAccessory 0(9 _. ® c) Side - tT Primary t.• - i7� Lot Yard _— ❑ gruCtura —- Area Setback a \ � I 4 Co ri 5 0,F 0 ._. .. 0r, -,,J Property L... Line Building Front Yard 411 Envelope soft* ---Lot Frontage -R.O.W. R.O.W. R O.W. R O.W.=As Defined on Thoroughfare Plan R O.W.=As Defined on TToroo hfire Plan R.O.W.=As Dirmad on Thoroughfare Pain Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage: • 1.5 acres(65,340 sq.ft.) • 30 ft.when adjacent to an arterial • 75%of the lot area Minimum Lot Width: • 20 ft.when adjacent to a local street Minimum Main Floor Area: • 200 ft. Minimum Side Yard Setback: • 2,500 sq.ft for primary structures6 Minimum Lot Frontage: • 25 ft. for the Primary Structure"2 Minimum Floor Area per Unit: • 150 feet • 10 ft for an Accessory Structure3 • 700 sq.ft.average per Dwelling Unit Minimum Rear Yard Setback: in a multiple-unit primary structure, • 25 ft for the Primary Structure1.2 with 400 sq.ft.the absolute minimum • 10 ft.for an Accessory Structure3 Height Miscellaneous Notes: 1. Side and Rear Yard setbacks may be reduced to 15 feet where they abut Accessary structures another commercially or industrially zoned property 2. Side and Rear Yard Setbacks for residential buildings(not mixed use) mischaniurl •War a exempt chimneys are may be reduced to 10 feet regardless of the neighboring zone district exempt 3. Side and Rear Yard setbacks may be reduced to 5 feet where they abut another commercially or industrially zoned property shed Bul(ding 4. Maximum Height may be increased to 45 feet if the building includes Height residential units. Flat Roof Structures Gable Roof Structures 5. In large developments a privately maintained road or access drive may (from highest (from highest gaoie roof) count toward this requirement. section of flat roof) 6. If the use is"Commercial:Food sales/services",any outdoor seating Maximum Structure Height: areas may be counted toward the Minimum Main Floor Area. • Primary Structure:35 ft.4 • 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 a Article Three:Zone Districts 3-11 Page 8 of 9 PC-25-34 Site Plan 3 a 1 ' tiXt I } Ty i t s PC-25-34 Page 9 of 9