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:
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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
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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
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"71 Industrial/Commercial
a J Mixed Use
Mixed Neighborhood
T I \ Residential Neighbhorhood
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Future Land Use Map
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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
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Page 9 of 9 PC-26-05