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HomeMy WebLinkAbout2015-OR-48 AMENDIN PORTIONS OF 200-OR-612015 -OR- Lig STATE OF INDIANA PLAN COMMISSION RECOMMENDATION TO JEFFERSONVILLE COMMON COUNCIL TO AMEND PORTIONS OF THE JEFFERSONVILL ZONING ORDINANCE 2000 -OR -61 WHEREAS, the Jeffersonville Plan Commission has reviewed proposed changes to the Jeffersonville Zoning Ordinance as it pertains to amending the Zoning Ordinance (2000 -OR -61) by adding the "TM1" (Small to Medium Scale Traditional Marketplace) District and "TM2" (Medium to Large Scale Traditional Marketplace) District to the Institutional and Commercial Zoning Districts (Article Four) and adding specific development standards for these districts to the Development Standards in Article Seven as recommended in the staff report (a copy of which is attached as Exhibit "A"); and, and WHEREAS, the Planning Director has recommended such changes; WHEREAS, the changes are more consistent with the City's Comprehensive Plan; and WHEREAS, the Plan Commission held a public hearing on August 25, 2015 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, the Plan Commission by a majority vote of its entire membership 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 amendments and changes be made amending the Zoning Ordinance 2000 -OR -61 as recommended by the Plan Commission in the staff report (a copy of which is attached as Exhibit "A"). This recommendation is being made upon a majority vote of its entire membership of the Jeffersonville Plan Commission by vote taken at its regularly scheduled meeting on the 25th day of August, 2015. This ordinance shall be in full force and effect upon its adoption. SO ORDAINED this 5 1 day of ATTEST: Vicki Conlin Clerk, City of Jeffersonville , 2015. COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA Lisa Gill President P esented by me as Clerk to the Mayor of said City of Jeffersonville this do? day of , 2015. 2015. Vicki Conlin Clerk, City of Jeffersonville This Ordinance approved and signed by me thiJa Mike oore, Mayor 2 STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Jeffersonville Department of Planning & Zoning TO AMEND THE JEFFERSONVILLE ZONING ORDINANCE CERTIFICATION OF FAVORABLE RECOMMENDATION OF PROPOSED ORDINANCE Whereas, the Jeffersonville Department of Planning & Zoning filed a petition before the Jeffersonville Plan Commission to amend the Jeffersonville Zoning Ordinance (2000 -OR -61) by adding the "TM1" (Small to Medium Scale Traditional Marketplace) District and "TM2" (Medium to Large Scale Traditional Marketplace) District to the Institutional and Commercial Zoning Districts (Article Four) and adding specific development standards for these districts to the Development Standards in Article Seven as recommended in the staff report (a copy of which is attached as Exhibit "A"); and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on August 25, 2015; and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to favorably recommend the proposed amendment to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on August 25, 2015, the Jeffersonville Plan Commission favorably recommends that the Jeffersonville Common Council enact by ordinance the proposed Jeffersonville Zoning Ordinance Amendment as requested in the petition of Jeffersonville Department of Planning & Zoning. So certified this 25th day of August, 2015. 6b/tZi— LA-t— Brent Roberts Chairman STAFF REPORT Department of Planning & Zoning — City Council Petitioner: City of Jeffersonville, Planning & Zoning Department Requests: Traditional Marketplace Zoning & Associated Standards Hearing Date: September 8, 2015 Recommendation from Plan Commission The Plan Commission gave a favorable recommendation to the City Council for the approval of the ZO-15-04 docket item as presented with the following changes: • Remove all "Business: Auto Sales/Services" uses from the Special Exception list in TM2. • Research the feasibility of requiring a bond from any user/owner that is granted a special exception use for a "filling/gas station" to remove underground storage tanks (USTs) if the business is closed or abandoned. Proposed Change to the Zoning Ordinance The Plan Commission staff recommended an amendment to the Jeffersonville Zoning Ordinance (2000 -OR -61) for recommendation to the City Council. The proposed amendment adds two Zoning Districts titled Traditional Marketplace One and Traditional Marketplace Two to the Institutional and Commercial Zoning Districts in Article Four and revise the existing development standards in Article Seven. Zoning Ordinance Amendment The two new zoning district classifications accommodates the development of this area as defined in the 2007 Comprehensive Plan Update and are created to match the intent of the Traditional Marketplace Corridor Planning District. The following are the proposed amendments: • Article Four, Section 4.25 "TM1" Small to Medium Scale Traditional Marketplace District • Article Four, Section 4.26 "TM2" Medium to Large Scale Traditional Marketplace District • Article Seven, Section 7.10 Landscape Standards • Article Seven, Section 7.20 Parking Standards Attachments • Research of bonding filling/gas stations • Proposed Traditional Marketplace Zoning Classifications • Proposed Landscape Standards • Proposed Parking Standards Page 1 of 4 ZO-15-04: Traditional Marketplace Research: Bonding "Filling/Gas Station" Special Exception Uses Environmental Control of USTs i Conclusion: Existing regulations administered by IDEM heavily control the installation and monitoring of underground storage tanks (USTs) including a financial responsibility requirement in the event of releases. IDEM is the most appropriate and well equipped agency to regulate the installation, monitoring, and closure (removal) of USTs. Research: There are several mechanisms and laws that regulate USTs. At the federal level, the U.S. Environmental Protection Agency (EPA) has developed financial responsibility regulations for owners and operators of USTs. These regulations were directed by Congress when it amended Subtitle I of the Solid Waste Disposal Act. "Congress wanted owners and operators of underground storage tanks (USTs) to show that they have the financial resources to clean up a site if a release occurs, correct environmental damage, and compensate third parties for injury to their property or themselves. The amount of coverage required depends on the type and size of the business..." Either the owner or the operator of a service/gas station or convenience store (marketers) who sell gasoline to the public are required to demonstrate $1 million of required financial responsibility. As of April 2015, Indiana has an EPA approved state UST program that administers the statutes and regulations for USTs. The Indiana Department of Environmental Management's Office of Land Quality has a Section specifically dedicated to administering the UST program. "The Underground Storage Tanks program is responsible for assuring that all regulated underground storage tanks meet the U.S. EPA's and Indiana's requirements for release detection, spill and overflow prevention and corrosion protection, and to insure that tanks not meeting those requirements are properly closed or upgraded." Existing Bonding Scenarios: There are a few instances that allow for development to proceed if bonds are provided. One instance is when a Certificate of Occupancy may be issued without all the required landscaping installed if a landscape bond is provided (12.3 M.b.). "The landscape bond shall be one and half times (1 1/2) the cost of the planting and installation cost. In order to determine the bond amount, a quote of the actual cost will be provided by the developer's landscape contractor." Page 2 of 4 ZO-15-04: Traditional Marketplace Another instance occurs when performance guarantee or defects liability bonds are posted to ensure that the installation of infrastructure improvements are satisfactorily completed to City code and to cover infrastructure defects and failures in new development for a defined period of a few years, after which the bond is not required and maintenance transfers to the City. Discussion Points on Bonding USTs: i Conclusion: The Jeffersonville Zoning Ordinance permits gas pumps, which require USTs, in zoning districts beyond that proposed in the TM2 district. To comprehensively address the challenge of redeveloping properties that were formerly gas stations after they close, use -specific development standards could be adopted. A new development standard (amending Section 7) could be drafted to address the concerns of gas station uses and USTs. Staff does not recommend bonding requirements be attached to the TM2 zoning district for the "fillinq/qas station" use. The current Jeffersonville Zoning Ordinance permits gas pumps in the following use categories and zoning classifications: • Filling/gas station o HC — Permitted • Convenience store with pumps o NC — Special Exception o C1 — Special Exception o C2 — Special Exception TM1 does not permit either "filling/gas station" or "convenience store with pumps" uses. As proposed, TM2 would allow a "fillinq/qas station" use as a special exception. Special Exception uses require approval from the Board of Zoning Appeals. During this review, the BZA may impose any condition and/or commitment to an approval of a Special Exception use. Using the most recent federal and state regulations, IDEM is the most capable agency to regulate the installation, monitoring, and closure (removal) of USTs. Jeffersonville Zoning Ordinance Definitions: Bond: Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Plan Commission. All bonds shall be approved by the Commission wherever a bond is required by these regulations. Certificate of Compliance: A certificate that is issued prior to the Certificate of Occupancy stating that the building, structure or use has been constructed and complies with the provisions of this Ordinance, Developer Commitments, and all conditions of the Plan Commission or BZA. A posting of bond may be accepted for Page 3 of 4 ZO-15-04: Traditional Marketplace incomplete requirements that will be completed as per a written agreement. The time period and amount of bond shall be determined by the Planning Director. Performance Bond: An amount of money or other negotiable security paid by the subdivider, developer, or property owner or his/her surety to the City which guarantees that the subdivider will perform all actions required by the City regarding an approved plat or in other situations as stated forth in this Ordinance and/or as deemed by the Planning Director that provides that if the subdivider, developer, or property owner defaults and fails to comply with the provisions of his/her approval, the subdivider, developer, or property owner or his/her surety will pay damages up to the limit of the bond, or the surety will itself complete the requirements of the approval. Page 4 of 4 ZO-15-04: Traditional Marketplace "TM1" District 4.25 District Intent, Permitted Uses, and Miscellaneous Standards ..',),••!;",)":::q.'„ • • • • Article Four: Institutional and Commerdal Zoning Districts Copy Presented to Plan Commission - August 25, 2015 r4 ;jj .7; . • • • • - • • • : fff f.r.f. • . f f r,trrr Jeffersonville Zoning Ordinance TMI - Page I of 3 "TM1" District 4.25 District Intent, Permitted Uses, and Miscellaneous Standards Lot Minimum Lot Area: 5,000 square feet Maximum Lot Area: 90,000 square feet or one full block. Maximum Block Width & Depth: Block width shall be no greater than four hundred -fifty (450) feet and block depth shall be no greater than two hundred (200) feet Minimum Lot Width: 25 feet Maximum Lot Width: 450 feet Maximum Lot Depth: 200 feet Sewer and Water: Requires municipal water and sewer Setbacks Maximum Front Yard Setback: 15 feet only when a design element enhances the use of public space, otherwise 0 feet Elements may include: • outdoor patio/seating area • pedestrian plaza with benches and/or flexible seating • bike racks or bike parking • or other such deliberately shaped area and/or a focal feature or amenity that, in the judgment of the Plan Commission, adequately enhances the development's community and public spaces Maximum Side Yard Setback: 5 feet Maximum Side Yard Setback adjacent to Public and/or Street Right of Way: 15 feet only when a design element enhances the use of the public space, otherwise 0 feet Maximum Side Yard Setback for Uses Requiring a Drive-Thru: 70 Feet (Uses with a drive-thru must meet the Facade Continuity requirements that follow in this section 4.25) Minimum Rear Yard Setback Adjacent to Public Right of Way: 15 feet, to allow for 10 feet of sidewalk and 5 feet of tree/ landscaping buffer, excludes alleys and/or service roads. Other Minimum Lot Coverage: Square footage of all impervious surfaces, Primary and Accessory structures, cannot be below 80% of the Lot Area. Minimum Main Floor Area: 1,000 square feet for Primary Structures Minimum Floor Area Per Residential Unit: 850 square feet average per Dwelling Unit in a multiple -unit Primary Structures Article Four: Institutional and Commerdal Zoning Districts Jeffersonville Zoning Ordinance Copy Presented to Plan Commission - August 25, 2015 TM1 - Page 2 of 3 "TM1" District 4.25 District Intent, Permitted Uses, and Miscellaneous Standards Structure & Facade Minimum Structure Height: Two (2) activated stories should include: • Clear, operable windows • Materials closely matching and not inferior to the first floor • Feature trim and a building cornice Second story is not required to be in active use at time of construction. However, the following is required: • Developer will be required to submit a conceptual floor plan for the second story indicating its intended future use(s) and demonstrating its functionality and compliance with local building code(s). • The first story must be structurally designed and constructed to support the proposed, future second story use. • Multi -family residential is a preferred use for the second story. • A "faux facade" may not be substituted for a second story. Maximum Structure Height: 6 stories Minimum First Floor -to -Floor Height: 15 feet Minimum Upper Floor(s) Height: 10 feet Facade Transparency: A minimum of 75 percent of the street -facing building facade between two feet and eight feet in height must be comprised of clear windows that allow views of indoor space or product display areas. Structure & Facade (cont.) Facade Continuity: • Facades of buildings facing the public right of way must occupy the entire lot width with a combination of primary structure and a design element which is consistent with the materials of the primary structure and is a minimum of 15 feet tall. Exceptions include access points for drives and vehicular entrance which may not exceed 11 feet wide per drive lane, with a maximum width of 22 feet. Facade opening for access points may be increased in width if they also serve to facilitate pedestrian circulation. • Design elements must be installed at the average Front Yard setback of the adjacent structures, not to exceed the maximum setback of 15 feet. • Main building facade must run parallel to the Primary Street and/or public right of way. Streets within TM1 take precedence over those within TM2 and/or which divide TM1 and TM2 land -use zones. Facade Orientation: Building facades and primary entries are to face the Primary Street and open onto a public sidewalk; entrances at building corners may be used to satisfy this requirement. Any interconnected roadway within TM1 which is intended for general site circulation takes precedence and/or priority over a street within TM2 and/or a street which divides TM1 and TM2 land -use zones. Article Four: Institutional and Commerdal Zoning Districts Copy Presented to Pion Commission - August 25, 2015 Other (cont.) Sidewalk Width: All sidewalks within TM1 which are immediately adjacent to a public right of way and/or street are required to be a minimum of 10 feet in width, and constructed of concrete, unit pavers, or a combination thereof. No asphalt sidewalks are permitted. Off -Street Parking: No off-street parking is required in TM1 districts unless the use exceeds (3,000) square feet of gross floor area, in which case off-street parking must be provided for the floor area in excess of (3,000) square feet. Off- street parking requirements may be partially fulfilled through a shared - use parking strategy with adjacent properties within TM1 and/or TM2. See Section 7.20 of the Jeffersonville Zoning Ordinance for additional guidance on shared parking req uirements. Jeffersonville Zoning Ordinance TM1- Page 3 of 3 "TM2" District 4.26 District Intent, Permitted Uses, and Miscellaneous Standards �i1-ri?t Elyde4/.14)�:}=j Article Four: Institutional and Commercial Zoning Districts Copy Presented to Plan Commission - August 25, 2015 Jeffersonville Zoning Ordinance TM2 - Page 1of2 "TM2" District 4.26 District Intent, Permitted Uses, and Miscellaneous Standards Lot Standards Minimum Lot Area: 2 acres (87,120 sq. ft.) Minimum Lot Width: 250 feet Maximum Lot Depth: 2.5 times the lot width Minimum Lot Frontage: 150 feet on a public street with access from said public street Sewer and Water: Requires municipal water and sewer hookup Setbacks Minimum Front Yard Setback: 35 feet when adjacent to an arterial 25 feet when adjacent to a local street Minimum Side Yard Setback: 0 feet Maximum Side Yard Setback: 25 feet (plus Buffer Yard, if required) Minimum Rear Yard Setback: 30 feet for the primary structure/accessory structure (plus Buffer Yard, if required) Other Maximum Lot Coverage: Square footage of all impervious surfaces, primary and accessory structures, cannot exceed 70% of the lot area. Minimum Main Floor Area: 5,000 square feet for primary structures Off -Street Parking: Off-street parking requirements may be partially fulfilled through a shared -use parking strategy with adjacent properties within TM1 and/or TM2. See Section 7.20 of the Jeffersonville Zoning Ordinance for additional guidance on shared parking requirements. Sidewalk Width: All sidewalks within TM2 which are immediately adjacent to a public ROW and/or interconnected street are required to be a minimum of 10 feet in width, and constructed of concrete, unit pavers, or a combination thereof. Sidewalks leading from roadways into developments or individual parcels and/or which are not adjacent to or within a street right of way shall be a minimum of 5 feet in width. No asphalt sidewalks are permitted. Article Four: Institutional and Commercial Zoning Districts Jeffersonville Zoning Ordinance Copy Presented to Plan Commission - August 25, 2015 TM2 - Page 2 of 2 Landscaping Standards (LA) LA -06: Design Control for TM1 This Landscaping Standards section applies to the following districts: • TM1 A. Landscape Standards for Perimeters and Streetscapes: a. Street trees must be provided at a ratio of (1) tree per twenty-five (25) lineal feet along a public and/or publicly accessible street. b. One (1) tree per forty (40) lineal feet must be provided along a side and rear lot line setback area, if such setback exists. c. Trees may be spaced irregularly in informal groupings or be uniformly spaced, as consistent with larger overall planting patterns and organization. Perimeter landscaping along a street may be located in, and should be integrated with, the streetscape in the street right-of-way. Plantings within the public right-of-way require permission from the Jeffersonville Board of Public Works. d. Trees planted along a public street shall be planted outside the sight triangle as defined in Entrance/Drive Standards (Section 7.22 of this zoning code) or by the City Engineer. Trees planted along a public street shall be located a minimum of ten (10) feet from a curb -cut, traffic control sign, or street light, and a minimum of three (3) feet from a fire hydrant. e. For trees located along a public street, trees shall be protected by one of the following methods: 1. Tree Grates within the Sidewalk: Trees may be planted in a minimum twenty-five (25) square foot cutout covered with an ADA compliant tree grate to maintain a flush grade with adjacent sidewalks. 2. Tree Pits within the Sidewalk: Trees may be planted in a minimum twenty-five (25) square foot cutout planting area protected by a minimum four (4) inch wide concrete or stone curb, provided that an unobstructed travel path of at least ten (10) feet remains on the narrowest side of the tree pit (e.g. sidewalk must be a minimum of sixteen (16) feet wide in order to use a curb -lined tree pit). The tree pit should be planted with a durable perennial planting which coordinates with a larger streetscape planting palette. 3. Trees within Bulbouts: Trees may be planted in an intersection and mid -block bulbouts, provided the meet they design criteria established in PK -10 of this zoning code, and do not violate the required sight triangle. f. Trees planted along a public street must be selected from the approved street tree list below, unless approved by the Planning Director: 1. Acerx freemanii (Freeman Maple) 2. Acer nigrum (Black Maple) 3. Acer pseudoplatanus (Sycamore Maple) 4. Acer rubrum (Red Maple) 5. Cercidiphyllum japonicum (Katsura Tree) 6. Gleditsia triacanthos var. inermis (Honey Locust, thorn -less) 7. Ginkgo biloba (Ginkgo Tree, male varieties only) 8. Liquidambar styraciflua 'Rotundaloba' (American Sweetgum, fruitless) 9. Tilia americana (American Linden) 10. Tilia cordata (Littleleaf Linden) 11. Ulmus americana (American Elm, varieties resistant to Dutch Elm Disease) 12. Ulmus parvifolia (Lacebark Elm) 13. Zelkova serrata (Zelkova) Street and Landscape Furnishings 1. Examples of street and landscape furnishings include, but are not limited to, benches, trash receptacles, bollards, pedestrian lighting, bicycle racks, sign kiosks, water fountains, sculptures, and other forms of public art. Article Seven: Development Standards Jeffersonville Zoning Ordinance Copy Presented to Plan Commission -August 25, 2015 LA - Page 1 of 6 g. Landscaping Standards (LA) 2. All elements (including plants, trees, landscaping, trash receptacles, benches, lighting, signage and wayfinding, and bicycle racks) placed within the public right of way by adjacent private land -owner are to be maintained in perpetuity by said owner and any future owners. 3. Street furnishings and other above -grade objects should be located on curb extensions or within bulbouts where space allows, increasing space for pedestrian through travel on the sidewalk. 4. All newly constructed streets should provide the following street and landscape furnishings: • One (1) trash receptacle per block -side at each intersection, • At least one (1) public bench or seating area per block -side which does not impede on the 10 feet wide sidewalk area (see #3 above), • Pedestrian -scale street lighting which illuminates both the roadway, sidewalks, and/or publicly accessible pedestrian areas. Lighting selection, placement, and installation shall meet the requirements found in Section 7.16 of this zoning code, • Appropriate signage and wayfinding, including regulatory and directional. Signage and wayfinding fixture selection, placement, design, and installation shall meet the requirements found in Section 7.18 and 7.19 of this zoning code, as applicable, • One (1) bicycle rack per block -side to discourage the inappropriate locking of bicycles to other site furnishings and/or objects. Preference is given to embedded fixtures over surface mounted fixtures. 5. AU street and landscape furnishings installed, regardless of entity responsible for installation, shall be of high-quality and commercial -grade. 6. All street and landscape furnishings installed should coordinate aesthetically, and be part of a larger streetscape design palette. B. Landscape Standards for On -Street Parking Areas: a. Bulbouts are required at street intersections where on -street parking is utilized and mid -block bulbouts are required for every five (5) on -street parking spaces per block. (See Section 7, PK -10 L. Bulbouts in conjunction with On -Street Parking for more information and full requirements for bulbouts) b. All bulbouts shall have a planting area that contains at least one (1) shade tree with a minimum clear height (the height from the ground to the bottom of the canopy) of seven (7) feet, and a canopy of at least thirty (30) feet when fully mature. c. All bulbouts and/or planting islands shall be designed such that the root ball of a tree is not within three (3) feet of any edge of the island. d. Bulbouts and/or planting islands shall be planted with perennial groundcover plantings and/or shrubs that have a maximum height of twenty-four (24) inches; turf/sod is not permitted. Plantings should occur in masses, intended to fill the planting area. e. Trees planted along a public street shall be selected from the approved street tree list under Section LA -06.A. f. unless otherwise approved by the Planning Director. Approval must be obtained from the Planning Director prior to installation; no concession shall be given for unapproved plant material already purchased or acquired by the Developer. C. Landscape Standards for Off -Street Parking Areas: a. Parking lots with six (6) or more spaces must be screened from adjacent uses and the street. Screening must consist of a masonry wall, planter, massing of plant material, or a combination of such elements, which shall have a minimum height of thirty-six (36) inches at installation. Concrete block fences are not permitted. The screening must extend a minimum of seventy percent (70%) along the street frontage and rear and side lot lines. Plan submitted shall include a graphic depiction of the parking lot screening as seen from the street. Clear sightlines between three (3) feet and seven (7) feet above the sidewalk grade are to be maintained to promote visibility and safety (except where the primary zoning ordinance requires clear sight triangle areas at vehicular intersections per Section 7.23) Article Seven: Development Standards Copy Presented to Plan Commission - August 25, 2015 Jeffersonville Zoning Ordinance LA - Page 2 of 6 Landscaping Standards (LA) b. Each public right-of-way frontage secured or screened with fenced and/or walled areas shall have at least one (1) access gate per frontage to encourage owner maintenance and litter removal. Design of the access gate shall permit visibility into the secured/screened area by maintaining transparency, and have a minimum opening width of 72 inches c. No chainiink fencing is to be visible from a sidewalk or pedestrian way. d. To eliminate excessive heat build-up and emission, parking lots in excess of 0.25 acres of gross impervious area must include one (1) landscape island, to be provided for every thirty (30) parking spaces. All landscape islands must be at least three hundred (300) square feet in size, contain at least one six (6) foot tall tree that will exceed thirty (30) feet when fully mature, and be designed such that any root ball of a tree is not within three (3) feet of any edge of the island. e. All landscaped areas shall be protected from vehicular encroachment by curbs or wheel stops. Curbs shall be designed with openings to accommodate surface collection of stormwater runoff in vegetated swales and detention facilities if such facilities exist. The use of bio-swales and/or other green infrastructure components is strongly encouraged to help offset the stormwater impact of the development. D. General Planting Requirements a. Planting Area Cover 1. In all areas where landscaping is required and/or proposed, at the time of installation a minimum of 60% of the surface area designated as a planting area shall be covered by vegetation, rather than bark mulch, gravel or other non -living materials. 2. The planting bed of shrubs or trees required by the Zoning Ordinance shall be mulched with shredded bark or wood mulch at the time of planting. The planting bed for groundcover plantings, including perennial and annual flowers, shall be mulched. Mulch shall be replenished by the land owner on an annual basis. The use of gravel and/or rock mulch is discouraged unless required to prohibit erosion. b. Soil Condition and Remediation 1. All landscaping required by the Zoning Ordinance shall be planted in non -compacted topsoil, free of construction debris, trash, and/or other non-organic material. 2. Planting islands within parking lots and/or bulbouts shall require a minimum of three (3) feet of non -compacted planting topsoil with an organic nutrient content sufficient to support the growth of the plant material. General purpose "fill dirt" or material is not permitted within the first three (3) feet of planting soil. c. Plant Material Quality 1. All plant material should be sourced regionally, be of the highest quality and health available, and meet all applicable characteristics and criteria related to size and installation as stated in the most current edition of the American Standard for Nursery Stock developed by the American Nursery and Landscape Association. 2. All plant material installed within a public and/or street right of way shall be warranted by the party responsible for installation for no less than one (1) year from the date of substantial completion of said project. LA -07: Design Control for TM2 This Landscaping Standards section applies to the following districts: • TM2 A. Landscape Standards for Perimeters and Streetscapes: Article Seven: Development Standards Jeffersonville Zoning Ordinance Copy Presented to Plan Commission - August 25, 2015 LA - Page 3 of 6 Landscaping Standards (LA) a. Street trees must be provided at a ratio of (1) tree per twenty-five (25) lineal feet along a public and/or publicly accessible street. b. One (1) tree per thirty-five (35) lineal feet must be provided along a side and rear lot line setback area, if such setback exists. c. Trees may be spaced irregularly in informal groupings or be uniformly spaced, as consistent with larger overall planting patterns and organization. Perimeter landscaping along a street may be located in, and should be integrated with, the streetscape in the street right-of- way. Plantings within the public right-of-way require permission from the Jeffersonville Board of Public Works. d. Trees planted along a public street shall be planted outside the sight triangle as defined in Entrance/Drive Standards (Section 7.22 of this zoning code) or by the City Engineer. Trees planted along a public street shall be located a minimum of ten (10) feet from a curb -cut, traffic control sign, or street light, and a minimum of three (3) feet from a fire hydrant. e. For trees located along a public street, trees shall be protected by one of the following methods: i. Tree Grates within the Sidewalk: trees may be planted in a minimum twenty-five (25) square foot cutout covered with an ADA compliant tree grate to maintain a flush grade with adjacent sidewalks. ii. Tree Pits within the Sidewalk: trees may be planted in a minimum twenty-five (25) square foot cutout planting area protected by a minimum four (4) inch wide concrete or stone curb, provided that an unobstructed travel path of at least ten (10) feet remains on the narrowest side of the tree pit (e.g. sidewalk must be a minimum of sixteen (16) feet wide in order to use a curb -lined tree pit). The tree pit should be planted with a durable perennial planting which coordinates with a larger streetscape planting palette. iii. Trees within Bulbouts: trees may be planted in an intersection and mid -block bulbouts, provided the meet the design criteria established in Section 7.20 PK -10 of this zoning code, and do not violate the required sight triangle. f. Trees planted along a public street must be selected from the approved street tree list below, unless approved by the Planning Director i. Acer x freemanii (Freeman Maple) ii. Acer nigrum (Black Maple) iii. Acer pseudoplatanus (Sycamore Maple) iv. Acer rubrum (Red Maple) v. Cercidiphyllum japonicum (Katsura Tree) vi. Gleditsia triacanthos var. inermis (Honey Locust, thorn -less) vii. Ginkgo biloba (Ginkgo Tree, male varieties only) viii. Liquidambarstyraciflua 'Rotundaloba' (American Sweetgum, fruitless) ix. Tilia americana (American Linden) x. Tilia cordata (Littleleaf Linden) xi. Ulmus americana (American Elm, varieties resistant to Dutch Elm Disease) xii. Ulmus parvifolia (Lacebark Elm) xiii. Zelkova serrata (Zelkova) g. Street and Landscape Furnishings i. Examples of street and landscape furnishings include but are not limited to benches, trash receptacles, bollards, pedestrian lighting, bicycle racks, sign kiosks, water fountains, sculptures, and other forms of public art. ii. All elements placed within the public right of way by adjacent private land owner are to be maintained in perpetuity by said owner. iii. Street furnishings and other above -grade objects should be located on curb extensions or within bulbouts where space allows, increasing space for pedestrian through travel on the sidewalk. Article Seven: Development Standards Jeffersonville Zoning Ordinance Copy Presented to Plan Commission - August 25, 2015 LA - Page 4 of 6 Landscaping Standards (LA) iv. All newly constructed streets and public spaces should provide the following street and landscape furnishings, in quantities deemed appropriate by the Planning Director, based on proposed land -use: 1. Trash receptacles, 2. Public benches or seating areas, including flexible/movable tables and chairs 3. Bicycle racks and/or other bicycle -related amenities. Preference is given to embedded fixtures over surface mounted fixtures. 4. Pedestrian -scale street lighting which illuminates both the roadway, sidewalks, and/or publically accessible pedestrian areas. Lighting selection, placement, and installation shall meet the requirements found in Section 7.16 of this zoning code, 5. Appropriate signage and wayfinding, including regulatory and directional. Signage and wayfinding fixture selection, placement, design, and installation shall meet the requirements found in Section 7.18 and 7.19 of this zoning code, as applicable, v. All street and landscape furnishings installed, regardless of entity responsible for installation, shall be of high-quality and commercial -grade. vi. All street and landscape furnishings installed should coordinate aesthetically, and be part of a larger design palette which responds to the parcel/development design as well as the contextual environment of TM1 and TM2 as a whole. B. Landscape Standards for On -Street Parking Areas: a. All bulbouts shall have a planting area that contains at least one (1) shade tree with a minimum clear height (the height from the ground to the bottom of the canopy) of seven (7) feet, and a canopy of at least thirty (30) feet when fully mature. b. All bulbouts and/or planting islands shall be designed such that the root ball of a tree is not within three (3) feet of any edge of the island. c. Bulbouts and/or planting islands shall be planted with perennial groundcover plantings and/or shrubs that have a maximum height of twenty-four (24) inches; turf/sod is not permitted. Plantings should occur in masses, intended to fill the planting area. d. Trees planted along a public street shall be selected from the approved street tree list under Section 7.20 LA -07.A. f. unless otherwise approved by the Planning Director. Approval must be obtained from the Planning Director prior to installation; no concession shall be given for unapproved plant material already purchased or acquired by the Developer. C. Landscape Standards for Off -Street Parking Areas: a. Parking lots with six (6) or more spaces must be screened from adjacent uses and the street. Screening must consist of a masonry wall, planter, massing of plant material, or a combination of such elements, which shall have a minimum height of thirty-six (36) inches at installation. Concrete block fences are not permitted. The screening must extend a minimum of seventy percent (70%) along the street frontage and rear and side lot lines. Plan submitted shall include a graphic depiction of the parking lot screening as seen from the street. Clear sightlines between three (3) feet and seven (7) feet above the sidewalk grade are to be maintained to promote visibility and safety (except where the primary zoning ordinance requires clear sight triangle areas at vehicular intersections per Section 7.23) b. Each public right-of-way frontage secured or screened with fenced and/or walled areas shall have at least one (1) access gate per frontage to encourage owner maintenance and litter removal. Design of the access gate shall permit visibility into the secured/screened area by maintaining transparency, and have a minimum opening width of 72 inches Article Seven: Development Standards Jeffersonville Zoning Ordinance Copy Presented to Plan Commission - August 25, 2015 LA - Page 5 of 6 Landscaping Standards (LA) c. No chainlink fencing is to be visible from a sidewalk or pedestrian way. d. To eliminate excessive heat build-up and emission, parking lots in excess of 0.25 acres of gross impervious area must include one (1) landscape island, to be provided for every thirty (30) parking spaces. All landscape islands must be at least three hundred (300) square feet in size, contain at least one six (6) foot tall tree that will exceed thirty (30) feet when fully mature, and be designed such that any root ball of a tree is not within three (3) feet of any edge of the island. e. All landscaped areas shall be protected from vehicular encroachment by curbs or wheel stops. Curbs shall be designed with openings to accommodate surface collection of stormwater runoff in vegetated swales and detention facilities if such facilities exist. The use of bio-swales and/or other green infrastructure components is strongly encouraged to help offset the stormwater impact of the development. D. General Planting Requirements a. Planting Area Cover i. In all areas where landscaping is required and/or proposed, at the time of installation a minimum of 60% of the surface area designated as a planting area shall be covered by vegetation, rather than bark mulch, gravel or other non -living materials. ii. The planting bed of shrubs or trees required by the Zoning Ordinance shall be mulched with shredded bark or wood mulch at the time of planting. The planting bed for groundcover plantings, including perennial and annual flowers, shall be mulched. Mulch shall be replenished by the land owner on an annual basis. The use of gravel and/or rock mulch is discouraged unless required to prohibit erosion. b. Soil Condition and Remediation i. All landscaping required by the Zoning Ordinance shall be planted in non - compacted topsoil, free of construction debris, trash, and/or other non-organic material. ii. Planting islands within parking lots and/or bulbouts shall require a minimum of three (3) feet of non -compacted planting topsoil with an organic nutrient content sufficient to support the growth of the plant material. General purpose "fill dirt" or material is not permitted within the first three (3) feet of planting soil. c. Plant Material Quality i. All plant material should be sourced regionally, be of the highest quality and health available, and meet all applicable characteristics and criteria related to size and installation as stated in the most current edition of the American Standard for Nursery Stock developed by the American Nursery and Landscape Association. ii. All plant material installed within a public and/or street right of way shall be warranted by the party responsible for installation for no less than one (1) year from the date of substantial completion of said project. Article Seven: Development Standards Jeffersonville Zoning Ordinance Copy Presented to Plan Commission - August 25, 2015 LA - Page 6 of 6 Parking Standards (PK) The following existing provisions shall also apply to TM1 & TM2: • PK -07 • PK -08 PK -10: Design Control for TM1 This Parking Standards section applies to the following districts: • TM1 All parking lots for commercial, residential, industrial, institutional, business, public and private employee parking, offices, organizations, and places of assembly must be paved. Expansion of an existing gravel, stone, rock, dirt, and sand or grass lot is not permitted. In addition, parking lots must conform to all the following requirements: A. All ingress/egress into parking areas must be paved. B. Parking lots may not project into the front yard setback. C. Under no circumstances shall off-street parking be permitted within any required minimum setback or Buffer Yard areas. D. Parking spaces shall be a minimum of nine (9) feet by eighteen (18) feet and be striped so as to show each parking space. E. Parking aisle widths shall be as follows: a. 90 degree angle space - twenty-four (24) feet wide parking aisle b. 60 degree angle space - eighteen (18) feet wide parking aisle c. 45 degree angle space - fourteen (14) feet wide parking aisle F. Parking areas must be constructed to allow proper drainage. G. Parking areas shall be designed to prevent vehicles from maneuvering in the public right-of-way. H. All required off-street parking spaces prescribed in Article Seven (7) must be located either on site (surface parking lot or garage under structure) or in off site facilities (any combination of parking structure, surface parking lot, or garage under structure) approved by the Plan Commission. All required off-street parking spaces, however, must be located within six hundred (600) feet of the subject lot. I. Two (2) paved off-street parking spaces are required per residential dwelling unit. In addition, at least one (1) space per two (2) dwelling units is required for visitor parking and shall be spread evenly throughout the development. Visitor parking spaces shall not include spaces in reserved car ports/spaces or restricted -access garages. J. Parking requirements may be at least partially met through the implementation of a shared -parking strategy (see PK -12). K. On -Street Parking a. All newly constructed public and private streets shall incorporate parallel, on -street parking along both sides of the street. On -street parking spaces may be utilized as Shared Parking per PK -12. b. All parallel, on -street parking installed shall be striped to indicate each parking space. Stripes shall be perpendicular to the curb, be at least eight (8) feet long, and be spaced at least twenty-two (22) feet apart. T -markings may also be permitted to mark spaces. c. No parking spaces shall be placed within thirty (30) feet of an intersection (or greater if indicated by the City Engineering Department). d. No Parking Signs: Any side of a street where parking is not permitted or is restricted shall have signs noting such restrictions placed at least every one hundred fifty (150) feet. L. Bulbouts in conjunction with On -Street Parking: Article Seven: Development Standards Jeffersonville Zoning Ordinance Copy Presented to Plan Commission - August 25, 2015 PK - Page 1 of 4 Parking Standards (PK) a. Bulbouts are required at street intersections where on -street parking is utilized. Bulbouts narrow the street width at intersections to a width sufficient only to accommodate the through lanes. b. Bulbouts at intersections shall be accompanied by textured and/or raised crosswalks and/or intersections. At crosswalks, textured surfaces such as pavers, integral color concrete/asphalt, and/or thermoplastic stamping are preferred over standard high -visibility paint markings. c. Additional mid -block bulbouts are required for every five (5) on -street parking spaces per block. Bulbouts shall be spaced evenly among all parking spaces along the block. If the block has more than five (5) but less than ten (10) spaces, then the bulbout shall be located in the center of the block, dividing the spaces evenly. d. Bulbouts shall be a minimum of two hundred (200) square feet in size, sufficient to provide enough room for a vertical element such as a tree and/or street Tight, and maintain the same width as the parking lane, however, may not reduce or impede the travel lane widths. e. Bulbouts shall use a six (6) inch standing curb and meet appropriate design criteria as specified by the City Engineer. f. Mid -block bulbouts may be considered to provide additional sidewalk space for landscaping, seating, stormwater treatment, and amenities, and improve safety at mid - block crossings by shortening crossing distances and enhancing pedestrian visibility. g. Mid -block bulbouts should include bollards, landscaping, or other buffers between pedestrians and passing vehicles, designed to not impede a driver's view of pedestrians. They should use special paving or an edging treatment to distinguish the space as a plaza space separate from the through travel area. h. Mid -block curb extensions should be used at designated mid -block crossings. i. Both intersection and mid -block bulbouts should be designed with an inner/outer curb radius of 20' and 10', sometimes reduced to 15' and 10', to enable street sweeping machinery to sweep the entire curbline. PK -11: Design Control for TM2 This Parking Standards section applies to the following districts: • TM2 All parking lots for commercial, residential, industrial, institutional, business, public and private employee parking, offices, organizations, and places of assembly must be paved. Expansion of an existing gravel, stone, rock, dirt, and sand or grass lot is not permitted. In addition, parking Tots must conform to all the following requirements: A. All ingress/egress into parking areas must be paved. B. Under no circumstances shall off-street parking be permitted within any required minimum setback or Buffer Yard areas. C. Parking lots may project into the front yard setback by twenty-five percent (25%) of the minimum front yard setback. Parking Tots may project into the side yard setback by fifty percent (50%) of the minimum side yard setback. Entrance and exit drives may be located within the setback area. D. Parking spaces shall be installed as follows: a. Maximum of eighty percent (80%) in front of the primary structure b. Maximum of twenty percent (20%) to the side of the primary structure E. Parking spaces shall be a minimum of nine (9) feet by eighteen (18) feet and be striped so as to show each parking space. F. Parking aisle widths shall be as follows: Article Seven: Development Standards Jeffersonville Zoning Ordinance Copy Presented to Plan Commission - August 25, 2015 PK - Page 2 of 4 Parking Standards (PK) a. 90 degree angle space - twenty-four (24) feet wide parking aisle b. 60 degree angle space - eighteen (18) feet wide parking aisle c. 45 degree angle space - fourteen (14) feet wide parking aisle G. Parking areas must be constructed to allow proper drainage. H. Parking areas shall be designed to prevent vehicles from maneuvering in the public right-of-way. I. Parking spaces prescribed in this section must be located either on the premises or on a lot approved by the Plan Commission. All required off-street parking spaces, however, must be located within six hundred (600) feet of the subject lot. J. Two (2) paved off-street parking spaces are required per residential dwelling unit. In addition, at least one (1) space per two (2) dwelling units is required for visitor parking and shall be spread evenly throughout the development. Visitor parking spaces shall not include spaces in reserved car ports/spaces or restricted -access garages. K. Parking requirements may be at least partially met through the implementation of a shared parking strategy (see PK -12). L. On -street parking is encouraged; any on -street parking installed should follow the recommendations for on -street parking design, bulbouts, and intersections found in PK -10. PK -12: Shared -use strategy for TM1 and TM2 This Parking Standards section applies to the following districts: • TM1 • TM2 The implementation of a shared parking strategy within TM1 and TM2 is strongly encouraged, as it will reduce the amount of excess, underutilized parking areas and increase the overall density of mixed-use development. Additionally, a shared parking strategy allows for an increased percentage of developable land on individual parcels when available parking exists off-site. A. Shared parking is allowed between two (2) or more properties or uses to satisfy a portion of the minimum off-street parking requirements listed under section PK -07, if the conditions under this section of the Jeffersonville Zoning Code are met. B. Uses within TM1 are permitted to share parking with uses within TM2. C. Requirements: a. Any property utilizing shared parking facilities shall be located within six hundred (600) feet of such parking facility, using established sidewalks and crosswalks where available. b. Parking spaces reserved for a specific tenant or dwelling unit shall not be included in the shared parking calculation. c. Shared parking strategy and calculations, as relevant and required, are dependent upon the review and approval of the Planning Director. d. A written reciprocal parking agreement signed by all property owners involved is required and must be recorded in the office of the Clark County Recorder with provisions concerning at least the following items: i. Location and number of parking spaces shared ii. Primary uses of the parking spaces to be shared iii. Maintenance and snow removal iv. Ownership and liability Article Seven: Development Standards Jeffersonville Zoning Ordinance Copy Presented to Plan Commission - August 25, 2015 PK - Page 3 of 4 Parking Standards (PK) v. A legal instrument such as an easement or deed restriction that guarantees access to the parking for both uses. vi. Shared Parking Analysis e. The agreement must be reviewed/approved by the Planning Director and/or City Attorney. A copy of the recorded agreement must also be kept in the office of the Plan Commission. f. Withdrawal from Shared Parking Agreement i. Shared parking privileges will continue in effect only as long as the agreement, binding on all parties, remains in force. If the agreement is no longer in force, then parking must be provided as otherwise required within the Parking Standards (PK) of the Jeffersonville Zoning Code. A copy of the recorded withdrawal agreement must also be kept in the office of the Plan Commission. ii. A change in the land use and/or building capacity of any of the parties within the agreement which results in the amount of required parking be in excess of what is permitted within the existing agreement will invalidate the shared parking privileges of said agreement. In such condition, a new shared parking agreement must be drafted which addresses requirements of the newly proposed land uses and/or building capacities. D. Parking Reduction Factor: a. The Planning Director may authorize a reduction in the total number of required parking spaces for two (2) or more uses jointly providing off-street parking based on the classification of participating land -uses. A shared parking strategy between two (2) or more parties may be developed according to the following method: 1. A group of adjacent properties zoned TM1 or TM2 may provide a joint parking area if the number of spaces in the joint lot provides at least seventy (70%) but no more than ninety (90%) percent of the total spaces required for each use. Article Seven: Development Standards Jeffersonville Zoning Ordinance Copy Presented to Plan Commission - August 25, 2015 PK - Page 4 of 4 CITY DEPARTMENT OF LAW Les Merkley, Corporation Counsel/Director of Legal Affairs 812-285-6493 office 812-285-6403 fax www.cityofjefl:net Jeffersonville City Hall 500 Quartermaster Court, Suite 250 Jeffersonville, Indiana 47130 BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA IN THE MATTER OF THE ORDINANCE AMENDING THE ZONING CODE (2000 -OR -61) BY ADDING THE "TM1" (SMALL TO MEDIUM SCALE TRADITIONAL MARKETPLACE) DISTRICT AND "TM2" (MEDIUM TO LARGE SCALE TRADITIONAL MARKETPLACE) DISTRICT TO THE INSTITIONAL AND COMMERCIAL ZONING DISTRICTS (ARTICLE FOUR) AND ADDING SPECIFIC DEVELOPMENT STANDARDS FOR THESE DISTRICTS TO THE DEVELOPMENT STANDARDS IN ARTICLE SEVEN AS RECOMMENDED IN THE STAFF REPORT (A COPY OF WHICH IS ATTACHED AS EXHIBIT "A") NOTICE OF HEARING ON ORDINANCE AMENDING JEFFERSONVILLE ZONING ORDINANCE (2000 -OR -61) AS RECOMMENDED BY PLAN COMMISSION ON AUGUST 25, 2015 Notice is hereby given that the Jeffersonville Plan Commission has filed Ordinance with the Jeffersonville City Council, Jeffersonville, Indiana asking for an Amendment of the Jeffersonville Zoning Ordinance (2000 -OR -61) as recommended by the Plan Commission in the staff report (a copy of which is attached as Exhibit "A". A public hearing will be held on September 8, 2015 at 7:00 p.m. 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. An equal opportunity employer. Les Merkley City Attorney Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423