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HomeMy WebLinkAbout2026-OR-13 Ordinance of Rezone at 115 & 119 Eastern Blvd. to R3 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2026-OR- AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED ON 115 AND 119 EASTERN BOULEVARD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM CN-COMMERCIAL-NEIGHBORHOOD TO R3-SINGLE FAMILY RESIDENTIAL-SMALL LOT Whereas, KGF Building, LLC filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located on 115 and 119 Eastern Boulevard and fully described in the attached Exhibit A from CN-Commercial-Neighborhood to R3-Single Family Residential-Small Lot and, Whereas, on March 31, 2026 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 April 6, 2026; 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 115 and 119 Eastern Boulevard and fully described in the attached Exhibit A is hereby changed from CN- Commercial-Neighborhood to R3-Single Family Residential-Small Lot. 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 6th day of April, 2026. Common Council of the City of Jeffersonville, Indiana V•TED FOR' - VOTED AGAINST: L► O'0111 14._ Jr" 4 f,(41,,li F-70/1t4 nna e , President ATTEST:) Lisa ill City Clerk Prepared by: Les Merkley Corporate Counsel CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley,Corporation Counsel/Director of Legal Affairs GAT Y O� �. '� 812-285-6493 office W �,������ N 812-285-6403 fax t- Q�i►�� 1a www.cityofjeff.net .(•FSONJ`v Jeffersonville cilYitigkE THE CITY COUNCIL OF JEFFERSONVILLE,INDIANA 500 Quartermaster Court INT lui" `b4 "Ll ip t-IE ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 115 AND 119 EASTERN BOULEVARD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM CN(COMMERCIAL- NEIGHBORHOOD)TO R3(SINGLE FAMILY RESIDENTIAL-SMALL LOT) NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 115 AND 119 EASTERN BOULEVARD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM CN(COMMERCIAL-NEIGHBORHOOD)TO R3(SINGLE FAMILY RESIDENTIAL-SMALL LOT) 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 115 and 119 Eastern Boulevard as recommended by the Plan Commission from CN(Commercial-Neighborhood)to R3(Single Family Residential-Small Lot) A public hearing will be held on Monday,April 6,2026 6:00 pm in the City Council Chambers, 1st 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. ..ja4ttel'js?c Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville,IN 47130 (812)285-6423 POSTED AND EMAILED ON April 1,2026 TO THE FOLLOWING: The News and Tribune-daniel.suddeath(a,newsandtribune.com The News and Tribune-newsroomna,newsandtribune.com City of Jeff-www.cityofjeffnet 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:Kelli Jones,Appointed by Mayor,Term: 1/1/2025 to 12/31/2027 Dennis Hill,Appointed by Mayor,Term: 1/1/2025 to 12/31/2027 Duard Avery,Appointed by Plan Commission,Term: 1/1/2025 to 12/31/2027 David Stinson,Appointed by City Council,Term: 1/1/2025 to 12/31/2027 Mike McCutcheon,Appointed by City Council,Term: 1/1/25 to 12/31/2027 STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF: KGF Building,LLC I PC-26-05 TO REZONE CERTAIN TRACT: 10-20-00-800-245.000-010 and 10-20-00-800-246.000-010 FROM: CN(Commercial-Neighborhood)to R3(Single Family Residential-Small Lot) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, KGF Building,LLC filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from CN to R3 Docket Number PC-26-05 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on March 31,2026 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 March 31,2026 , the Jeffersonville Plan Comn n (circle on>e avorably Recommends/ nfavorably Recommends/ Provides NO Recommendation -deffersartvl a Common Council enact by ordinance the proposed zoning designation change of the property from CN to R3 as requested in the petition of KGF Building,LLC I PC-26-05 So certified this 31st day of March 2026 f\ikJ z. 6t( (14J - Chairman 4 4 GO-y ( Plan Commission Staff Report ,riiiii cP March 31, 2026 N Case No: PC-26-05 (....* ._. atito _ Location: 115 & 119 Eastern Boulevard ..... Applicant: KGF Building, LLC ��T ' -' `V Current Zoning: CN (Commercial - Neighborhood) _`� Proposed Use: Single Family Residential Council District: District 1 - Dustin White Request -• ,N� Rezone property from CN (Commercial - Neighborhood) to R3 // e` 0.� (Single Family Residential - Small Lot). _- Case Summary The applicant is proposing to rezone the property to a R3 to facilitate the development of a seven lot single family subdivision. s Staff Finding/Opinion The rezoning of this property would allow development to occur on -. a long-vacant piece of land. This development would allow for an !.% infill residential development that would be consistent with the goals -N. of the Comprehensive Plan and is consistent with other residentially -- zoned properties in the area. Staff is supportive of this rezoning and hopes that this subdivision will help jump-start development in this area. 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-26-05) to the Jeffersonville City Council with (insert recommendation]as presented to the Plan Commission on March 31, 2026. I Page 1 of 9 PC 26 05 U 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 CN (Commercial - Neighborhood). Adjoining properties are zoned CN to the East and West, C2 (Commercial — Large Scale) to the North and South, and R3 (Single Family Residential —Small Lot) to the North and East. District Intent: Existing 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. District Intent: Proposed The R3 (Single Family Residential —Small Lot) District is intended to provide a land use category for single family homes on smaller-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. 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 9 PC-26-05 . x f . / . ' FUTURE LAND USE o / s i Commercial Corridors , ?•\ Downtown Mixed Use Z - 3 Industrial +rai F_ "71 Industrial/Commercial a J Mixed Use Mixed Neighborhood T I \ Residential Neighbhorhood 01,0 Future Land Use Map "5 - sipI, \4 iy . j • / : 4§ 4 Allit r.„/ y I I --__L — ..... .00 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. Plannina 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 • 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 Page 3 of 9 PC-26-05 III • 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. Letter of Intent 2. Current Zoning Layout 3. Proposed Zoning Layout 4. Site Plan Letter of Intent This Letter of Intent outlines the proposed residential development within the City of Jeffersonville. The project consists of subdividing three existing parcels into seven buildable lots. We propose the construction of seven single-family, detached homes, including six homes of approximately 1,400 square feet, each featuring four bedrooms and two bathrooms, and one home of approximately 1,100 square feet, featuring three bedrooms and two bathrooms. These homes are thoughtfully designed to provide high-quality, efficiently planned living spaces that meet the needs of today's households. We have a proven track record of delivering well-built, fair-market housing for young families and first- time homebuyers. Over the past three years, we have successfully developed approximately fifty homes throughout Clark County, demonstrating our consistent commitment to quality construction and responsible residential development. Page 4 of 9 PC-26-05 It Current Zoning Layout CN District (Commercial - Neighborhood Scale) CN 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 InstIutlonal/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'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 clinics 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 good0L2 Business: Recreation/Fitness • 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 Page 5 of 9 PC-26-05 CN District (Commercial - Neighborhood Scale) cN 3.13 CN District Development Standards Lot Dimensions Setbacks Other Requirements Lot Width - 'Rear Yard O`J (� Setback(� _) (9 c�,9 1 CxStructures Side Lot `° >lYard t.--— --- Slructure� - (�'j Area o snnurk Lil cr ®� 0.r r0 Pro Lot Coverage aware Front LL Envelope Sew& ----Lot Frontage—R.O.W. R.O.W. ROW. R.O.W.=As Defined on Thaghfen Ran R.O.W.=As Defined on nroror here Pen A Z4O a .W.=Ail Defined on ThOrCallailfere 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 fw...ayam,al.w residential units may utilize third floor,attic-like spaces under a pitched roof. methericei rwr I ch nnem are exempt I'el'•d Building (. Ei flHeight 1 Flat Roof Structures Gable Roof Structures (from highest from highest gable roof) section of flat roof) Maximum Structure Height: • Primary Structure:28 ft.' •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 I Page 6 of 9 PC-26-05 I Proposed 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:singe family,attachedl 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 • dwelling,multi-family-duplex The Jeffersonville's Plan Commission home)3 • residential clubhouse/community and Board of Zoning Appeals • short-term rental(See Article 8.11) room should strive to protect this district Institutional/Public Facilities Institutional/Public Facilities from conflicting land-uses such • public park •church,temple,or mosque as industrial and large-scale Miscellaneous Uses • public recreation center/pool commercial uses as well as non- • child care/day care:owner Miscellaneous Uses 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. 344 Jeffersonville Unified Development Ordinance r Page 7 of 9 PC-26-05 R3 District (Single Family Residential - Small Lot) ' 3.41 R3 District Development Standards Lot Dimensions Setbacks Other Requirements - Lot Width- 'Rear Yard • U 6) Cr' Setback 6) c9 0(19 Lot • Side •• E' nM' MI Cj. Yard - -. [__ Structure Area _ _ -.. P. Setback o 0 p Property ‘ H . �; Line w•et SuAIMrp Front Vied Envelope Soft& __.. ____,, R.O.W. . --Lot Frontage R.O.W. R.O.W. R.O.W.=As Defined on ThoroueMue Plus ROW,'As Defined on Ttrawryrhro Plan R.O.W.=As Defined on Thoroughfare Pan 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 bower is�mw Administrator;a 25%reduction may be taken on one face of a corner wrnnern.re eeemw lot. 2. At corner lots on local streets,the front setback may be reduced to eh•d 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 rod) section of flat roof) Maximum Structure Height: • Primary Structure:35 feet •Accessory Structure:18 feet See Article 6 for subdivision regulations I See Article 7 for additional development standards See Article 8 for additional use-specific standards Article Three:Zone Districts 345 I Page 8 of 9 PC-26-05 Proposed Primary Plat ♦ a IBCL-952 Zl&,3N0Hd•NI 'NMO1S31WH0 13381S M31VM 1356 NOISIARIO IS 3,LV0 NNHISV3 0 , ` s. ' o '4 � R i ; '"ON12l33NION3 T AO rind A2IVNINFElad z IS ONIA3AWIS s ? p ap iKils 4 f e fie° Y a g g lq,pp g, , g,- ..4;i43, ,i ! _Tax ;.yi . OS ih pc 1 �.. ' is ,.,�1113a 1 .,; # . .. a� 9F .4 .,41, ,, 1 p I P Is i ¢ 5� t 4,1ff kh ;it 1 0; . 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