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HomeMy WebLinkAbout2005-OR-16 STATE OF INDIANA PLAN COMMISSION RECOMMENDATION TO JEFFERSONVILLE COMMON COUNCIL TO AMEND PORTIONS OF THE JEFFERSONVILL ZONING ORDINANCE .2000-OR-61 . 2005-OR-16 WHEREAS, the Jeffersonville Plan Commission has reviewed proposed changes to the J effersonville Zoning Ordinance as it pertains to the Utica Pike Overlay District; and WHEREAS, the Planning Director has recommended such changes; and · WHEREAS, the changes are more consistent with the City's Comprehensive Plan; and WHEREAS, the Plan Commission has held a public hearing in accordance with I.C. 36-7-4-604; and WHEREAS, notice was properly given to the public prior to the public hearing 'being held; and WHEREAS, a majorit3, of the Plan Commission believes that the proposed changes should be made and that the proposed changes are in the interests of the public health, safety, comfort, convenience, morals, and general welfare; ~ NOW, THEREFORE, BE IT RECOMMENDED by the Jeffersonville Plan Commission to the Common Council. of the City of Jeffersonville, Indiana, that the following amendments and changes be made to the Jeffersonville Zoning Ordinance 2000-oR-61' PROPOSF~D BY REMONSTRATORS Definition Added to Article Fourteen: The following definition shall be added to Article Fourteen of the Jeffersonville Zoning Ordinance: Overlay District: A special resource or development area which is superimposed upon and placed over the zoning map's general zoning district designations within that area designated as an Overlay District. The purpose of the Overlay District is to conserve natural resources or realize development obiectives without unduly disturbing the expectations created by the zoning ordinance and general zoning districts within the ordinance. The Overlay District establishes land use regulations that must be enforced by local authorities under the special terms of each such Overlay D~strict. An Overlay District operates under additional . zoning requirements placed on a geographic area without changing the underlying zoning district guidelines. -, Provisions Added to Article Five' Section 5.2 of Article Five of the Jeffersonville Zoning Ordinance list the Miscellaneous Standards of the Utica Pike Overlay District. The following items shall be added to those Miscellaneous Standards' a. Minimum Side Yard Setback: 10% of the lot width per side yard or the average of the side yards on either side of the house, whichever is greater, for Primary and Accessory Structures. b. Minimum Front Yard Setback: 75 feet or the average existing setback of each house on either side of the setback being measured, whichever is greater. c. Minimum Rear Yard Setback: The greater of 20 feet or the average rear yard setback of the lots on either side for the Primary Structure and the greater of 5 feet or the average of the rear yard set back of the lots on either side for Accessory Structures. d. Minimum Lot Area: ee The greater of 10,000 square feet or the average of the lot area of the lots facing Utica Pike on each side of the lot being measured for minimum lot area. Minimum Lot Width: The greater of 70 feet or the average of the lot widths on each side of the lot being measured for minimum lot width. f. Minimum Lot Frontage: The average of the existing lot frontage of the lot width on each side of the lot being measured for minimum lot frontage. g. Maximum Lot Coverage' The square footage of all Primary and Accessory Structures, and impervious surfaces cannot exceed 35% of the Lot Area. h. Minimum Main Floor Area: 3,000 square feet for one story Primary Structures, or 2,000 square feet for the first floor of the Primary Structure, provided that the total Finished Floor Area is 3,000 square feet or more. PROPOSV. D BY THF, PI.ANNING DIRECTOR In accordance with the Jeffersonville Zoning Ordinance, the following should be considered when reviewing a rezoning application: ne Ce ee ho 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 area values throughout the jurisdiction; and Responsible development and growth. The Jeffersonville Comprehensive Plan Land Use Map identifies the Utica Pike (Market Street) corridor as a major transportation thoroughfare; The Comprehensive Plan mentioned the need for signature entrances near the city boundaries for other thoroughfares including Utica Pike; There are several undeveloped tracts within the UPOL that are zoned M1; i. There are several homes within the UPOL that would not meet the minimum floor area standards that petitioners propose; j. Any such home destroyed as a result of fire or natural hazard · would have to meet the new floor area standards, according to the proposal; and k. There are other non-residential zones that are located within the UPOL; and 1' Variances are allowed by State Law. DISTRICT STANDARDS: Include language that says' The folloxxdng District Standards apply to lots With a Base Zone of R1 and lots that do not adjoin the Ohio River. Minimum Main Floor Area should reflect the standards of the Base Zone District. Because different nonresidential, as well as residential zones are within the UPOL, the Minimum Lot Coverage should simply reflect the standards within the base zone. Emphasize requirements regarding buffer yard and landscape requirements as stated in Article 7 of the Zoning Ordinance. PROPOSED BY RF. MONSTRATORS Additional Amendment to Article Five' Section 5.2 of Article Five of the Zoning OrdinanCe declares the District Intent of the Utica Pike Overlay District. The following language~sha11 be added to the District Intent portion of Section 5.2 of Article Five' The Utica Pike Overlay District ("UPOL") has been created to conserve the special features of the District such that the rural residential character and Ohio River views and overlooks within the District should be preserved' Dense housing developments such as patio homes, condominiums, apartments, and high rise buildings shall not be permitted in the Utica Pike Overlay District, Variances and Special Exceptions shall not be granted to allow such uses in the UPOL. Planned Unit Developments shall not be approved in the UPOL if same would circumvent the provisions and prohibitions of the Overlay District. PROPOSF. D BY THF. PI~ANNING DIRECTOR The Utica Pike Overlay District (UPOL) has been' created to promote and preserve the scenic, natural character of the Utica Pike corridor. Utica Pike is unique in many ways, but most specifically it is part of the Ohio River Scenic Route. Variances and Special Exceptions shall not be granted to allow Planned Unit Developments on tracts totaling fewer than 10 acres. Higher density residential developments should consider the open space and scenic view requirements as stated in Article 9 of the Zoning Ordinance. This recommendation is being made upon a vote of a majority of the members of the Jeffersonville Plan Commission by vote taken at its regularly scheduled meeting on the 22~d day of February, 2005. This ordinance shall be in full force and effect upon its adoption. SO ORDAINED this C~q ._dayofC~~-4~ 2005. COMMON CO THE CITY LE, INDIANA By: Rob~ . Wai Presiding Offic ATTEST: ~eggy Clerk-Treasurer Presented by ~ha~ Cler. k-Treasurer to the Mayor of said City of Jeffersonville thisc~dayof ~"-~ ] ?~~ 2005. ~egg¥~~~ ~ Clerk-Treasurer · This Ordinance approved and signed by me ~ 005. Robert