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HomeMy WebLinkAbout2022-OR-16 Ordinance Changing Zoning from C1 to R4 on Property Located at 100 BLock of East High Street • STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2022-OR- ib AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 100 BLOCK OF EAST HIGH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM C1-COMMERCIAL-MEDIUM SCALE TO R4-SINGLE FAMILY RESIDENTIAL-OLD CITY Whereas, Millennium Builders, LLC filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 100 Block of East High Street and fully described in the attached Exhibit A from C1-Commercial-Medium Scale to R4-Single Family Residential-Old City and, Whereas, on March 1, 2022 the Jeffersonville Plan Commission has certified its favorable recommendation of the enactmentofthis 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 March 7, 2022; 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 a portion of 100 Block of East High Street and fully described in the attached Exhibit A is hereby changed from C1- Commercial-Medium Scale to R4-Single Family Residential-Old City. 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 7th day of March, 2022. Common Council of the City of Jeffersonville, Indiana VOTED FOR: VOTED AGAINST: 6) 9g pr_17-0 APr$ _1111161P LAC - .44 .� — Mazt6.rven;-'.esident p Lisa Gil - City Clerk Prepared by: Les Merkley Corporate Counsel CITY OF .I E' F F E R S O' N V C L L E,. DEPARTMENT OF LAW- :, Les Merkley Corporation Counsel/Director of Legal Affairs rG�- -- ? h �,_� -. ; 812 285 6493 office J , 812-28,5 6403 fax M®j�idG ^ W www._cityofjeff.net +fir . � .4\ '-.4ti Jeffersonville CityHall 500 Quartermaster-Court Jeffersondille,Indiana 47130 BEFORE THE CITY COUNCIL OF JEFFERSONVILLE,INDIANA IN THE MATTER OF THE ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 100 BLOCK OF EAST HIGH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Cl (COMMERCIAL-MEDIUM SCALE)TO R4(SINGLE FAMILY RESIDENTIAL-OLD CITY) NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 100 BLOCK OF EAST HIGH STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Cl (COMMERCIAL-MEDIUM SCALE)TO R4(SINGLE FAMILY RESIDENTIAL-OLD CITY) 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 100 Block of East High Street as - recommended by the Plan Commission from Cl-Commercial-Medium Scale to R4-Single Family _ _.. Residential-Old City. A public hearing will be held on March 7,2022 in the City Council Chambers, 1"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 et`ov n id ordin e. Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville,IN 47130 (812)285-6423 • POSTED AND EMAILED ON March 2,2022 TO THE FOLLOWING: Via Email to: dsuddeath@newsandtribune.com Via Email to: newsroom(a.newsandtribune.com Posted to: www.cityofjeff.net . STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF: Millennium Builders, LLC I PC-22-08 TO REZONE CERTAIN TRACT: 100 block High St. 110-20-00-201-313.000-009 FROM: C1 (Commercial: Medium Scale) to R4 (Single Family Residential: Old City) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Millennium Builders, 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 C.1 to R4 ; Docket number PC-22-08 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on March 1, 2022 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 1, 2022 , the Jeffersonville Plan Commission (circle one): Cravorably Recommends Unfavorabl Recommends/ Provides NO Recommendation that the Jeffersonville Common.Council enact by ordinance the proposed zoning designation change of the property from C1 to R4 as requested in the petition of Millennium Builders, LLC I PC-22-08 • So certified this 1st day of March , 2022 ic C7 Chairman 1-oftPlan Commission Staff Report March 1, 2022 et) Case No: PC-22-08 L.., � Location: NE corner Market St./Main St. 9IG. IIIIr w Applicant: Millennium Builders, LLC � �y Current Zoning: . Cl (Commercial:'Medium Scale) Proposed Use: Single Family Detached Residential . / S0X4Council District: 1 —.Dustin White Request 1 o � r2 . 1+ max Y 'C_ �r i4. ti iy � .: � Rezone property from Cl (Commercial: Medium-Scale) to .;�� . '% R4 (Single Family Residential=Old City). �'- Case.Summary. r ' " Sn AVI,A�Y1I�;( The applicant is requesting the rezoning of a former , ‘ parking lot for the Jeffboat facility from C1 to R4. They intend to construct 12, single-family homes with a private,. /z zV internal drive and designated greenspace/commons area in �� r , : , .,, - • the:center of the development..The subject location is �;:'• � approximately one acre in size.The proposed dwellings will !*'tya° r be 1,800 2,400 square feet:This property is in the Wellhead Protection Overlay District. Staff Finding/Opinion The proposed project is a good example of in-fill development adjacent to the historic downtown area. While a slight departure from the future land use plan, the proposed request aligns with the Traditional Neighborhoods planning district. The surrounding area has seen disinvestment in recent years which has been compounded with the closure of Jeffboat. The proposed request and subsequent project could be a catalyst for future growth and development of the area. The proposed request is compatible with the surrounding residential area, as the proposed dwellings will complement the adjacent homes. Staff approves of the request. 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-22-08 to the Jeffersonville City Council with (insert recommendation]as presented to the Plan Commission on March 1, 2022. Page 1 of 10 PC-22-08 Staff Analysis.for:Change in Zoning The.following-is a summary of staffs analysis of theproposed rezoning as it relates.to the land use and development policies of the Comprehensive Plan and Unified Development Ordinance: - UDO Zoning:District Intent Current Zoning The CI (Commercial:-Medium--Scale) District is intended to provide a land use.category for most small-scale general business uses. This district can:be used-adjacent to all.commercial, Industrial,and : • multi-family residentiial:districts. Adequate buffering should be provided where located adjacent to any single-family residential district. - The Plan Commission:and:Board of.Zoning Appeals should not encourage"strip development," rather development in clusters that share resources and minimize the cost of public utilities and services: The Plan Commission and Board of Zoning Appeals should also strive to minimize lighting, parking lots fronting major streets,and;traffic conflicts:in the:C1:District Proposed Zoning The R4:(Single Family Residential:-::Old City) District is intended to provide a:land.use Category fora mix of residential:uses within the-oldest portions of the City This district shall be seen as "fixed" and : :NOT.be-used for new developments outside the City's core,although:existing lots surrounded:by or. within:close proximity to other R4-zoned properties:may be rezoned to.this;district on.a case by case : basis, . .. The J.effersonville'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. Future Land Use Map and Planning-Districts The property to be.developed falls within:the Commercial land.use classification in.the Future:Land Use Map as shown below. This category includes small to medium:commercial development intended to :. : :serve both:the surrounding:neighborhoods and region. Businesses May include downtown or suburban locations: This land.use is usually located in concentrations.These areas of concentrations are along the 10th Street corridor,:Spring:Street corridor, and downtown Jeffersonville. In previous:years the: • : redevelopment of downtown has brought many new local businesses:FDue to:new attractions and improvements there has. been accelerated growth and business in downtown making it:a strong commercial focal.point for the community. : The subject property is adjacent to other Commercial and Residentially designated areas:While a .. departure:from the future land use map, the area:may need to be reevaluated-the next time the Future land use map is.updated.The:area once supported other commercial areas and Jeffboat, but the closure of Jeffboat may an impetus to re-evaluate the area: The-subject_property is a vacant parking • : lot for the former Jeffboat, and the proposed single family residential project will be a compatible:use for the Surrounding area Page 2 of 10 PC-22=08 • :Legend. ® PubliGlnstitutionai Recreation/Open Space �r El Ught Industrial ,y ®.Heavy.Industrial ® Business Park/Industrial Single.Family Residential. ® Multi-Family Resident al. WAMixed-Residential ' / - Mixed-Use 7 Corn/Res . ' . -.Commercial ::m1t5 Future Land Use Plan Legend, . ; 4:t l Primary Gateways , • i "4 l�„ • 5 �;ate "'� - x Suburban Neighborhood '. •o- Traditional iy .,N iightmrhoodiworkplace , 0 --▪Suburban Workplace.2,2 Suburban.Marketplacet' ' .,j,e i., f _i . S tTradition`al Marketplace 1' Regional Marketplace Center Downtown Historic,District PlanningDistricts Map: :p: The following are descriptions of these planning districts from the Comprehensive Plan. Traditional Neighborhoods:: - Thls.form is characterized by predominately residential:uses; by a grid pattern of streets with sidewalks I. and often including an alley..Residential lots are predominately narrow and often deep, but the neighborhood may contain sections of larger estate lots,and also sections of lots on_which appropriately integrated higher density residential uses may be located:. The higher density:uses are . encouraged to be located in centers or near parks and open:spaces having sufficient carrying capacity:: - • Goal TN 1 encourages a range of residential densities and a variety of housing types. This single-family residential project proposes a density of 12.dwellings on about one acre. This is slightly higher than the surrounding blocks, however it is a similar density seen throughout the historic downtown area. :. Goal TN 2 calls to preserve and enhance the character and integrity of traditional neighborhoods through compatible site and building design. The proposed project will.Meet this goal, by re-establishing . Page 3 of 10 - _PC-22-08 the small-grain, residential-scale of the neighborhood with new housing that, while more modern,will complement existing housing in terms of height, form, and scale. The project meets many of the objectives of the traditional neighborhood district including a range of heights,setbacks, and lot dimensions as well as rear-loading garages that re-creates the traditional streetscape in this area. Current Zoning � '` b'c}so E The subjectj is currently zoned Cl Commercial: 711 �'" property Y Medium Scale), and:the proposed zoning is R4(Single A, =fie ° ` ,"�-A Family Residential: Old City): Properties to the north, - \; . northeast,:and northwest.are zoned R4. Properties;to'the �„ ,, s :-" east and west are zoned Cl. ,, n,_ .. �4 To the south:of the subject property is the former Jeffboat . '". site, which is currently zoned IN (Industrial Neighborhood). ,; a Additional Notes: �: 4•, • This parcel is located in the Wellhead Protection , ' o • '` - 7,- Overlay District .' �-9, ,� Attachments 1. C1 District Intent and Standards 2. :.R4 District Intent and Standards Page 4 of 10 PC-22-08 Current Zoning Information Cl District (Commercial: Medium-Scale) ci 3.4 Cl District Intent, Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses. The"C1"(Commercial:Medium- Commercial:General Commercial:Auto&Vehicle Scale)District is intended to provide • artisan studio/artisan center •auto body repair shop a land use category for most small • barber/hair salon/nails/tanning,etc. • auto repair,major1 scale general business uses.This • bank/credit union/ATM3 • auto rental district can be used adjacent to all • building/landscape/civil contractor •auto sales(open air;limited or no commercial,industrial,and multi- (no outdoor storage) services) family residential districts.Adequate •coin laundry • auto wash buffering should be provided where •child care center/day care • small engine repair located adjacent to any single family •clothing alterations/shoe repair Commercial:Food Sales/Service residential district. •dry cleaning service •convenience store with gas pumps A number of residential uses have • health spa Commercial:General been listed as a special exception • hotel or motel • building/landscape/civil contractor in the C1 district and may be used • pet care/grooming(no outdoor (with outdoor storage) to create mixed use commercial kennels) •funeral home/mortuary and residential districts within the • photography studio • retail 3(with outdoor product sales) city and/or help rejuvenate aging • professional office' • sign fabrication commercial corridors. • print shop/copy center • storage:indoor6 • retail 1,4,or 51 Commercial:Recreation/Fitness The Plan Commission and Board •temporary service agency •fraternal org./lodge/private club of Zoning Appeals should not •tattoo studio/piercing shop • marina encourage°strip development" •temporary service agency •outdoor entertainment venue4 rather development in clusters that •veterinarian office/hospital Communications/Utilities share resources and minimize the - Commercial:Recreation/Fitness • public well • cost of public utilities and services. • banquet hall •telecommunication facility The Plan Commission and Board of • bar/night club/cigar bar4 institutional/public facilities Zoning Appeals should also strive •cross fit/training center •church/temple/mosque,etc. to minimize lighting,parking lots • dance/aerobics/gymnastics/martial •substance abuse treatment- fronting major streets,and traffic arts studio outpatient(counseling only) conflicts in the C1 District. •fitness center/gym • government offices • indoor entertainmentvenue1.4 • library •theater,indoor4 • post office Institutional/Public Facilities Residential uses 5 Permitted Uses •school,higher ed.-single facility • assisted living facility Miscellaneous •co-housing community Commercial:Auto&Vehicle •accessory uses •dwelling duplex • auto accessory installation •dwelling multi-family 3-4 units •auto repair, minors •dwelling multi-family 5-6 units • auto parts sales • dwelling multi-family 7-12 units Commercial:Food Sales/Service • dwelling multi-family>12 units • butcher shop/meat market • dwelling single family • convenience store without gas pumps • nursing home • drive thru/drive in restaurant •senior living/retirement community •food service:small scale' •food service:small scale(w/drive • Additional Notes: thru) 1. See definition(s)in Article 12 •food hall/farmers market' 2. Production area limited to 2,000 square feet • grocery store • micro-brew/distillery(ltd production)2 3. With or without drive thru • restaurant/pub 4. Not adult entertainment uses 5. Residential uses shall have an average minimum floor area of 800 square feet per unit,with 400 square feet the absolute minimum 6. Less than 40%of building and not located on street front 3-8 Jeffersonville Unified Development Ordinance Page 5 of 10 PC-22-08 Cl District (Commercial: Medium-Scale) r ci 3.5 C1 District DeveloPment Standards Lot Dimensions Setbacks Other Requirements i• Lot width 1 _.... , • Setbacic(0' 1 r-------— — Rear Yard # 001 .r!' . 0 Accessory©AD 1 1 Structures l'f, . r- tt Lot— OD' ° Side 411DI' Primary H i;)/1 0 1---- .... Setback i Structure 'V7-7 C:i g @ -7 4•r,--,,i'.* '',:' 1 '-',+.• a • ,__,__,,L,_..._, , • -,,--_-_,.:,,-,.--„ • ;46,_-. , :::, i . • ,F-•1—- '.: i Property 0 in) ! „: it, ( ,.. . Lino i Lot _-- Building 'Front Yard i Coverage' 1 Envelope Setback ,,,,,,", I.--Lot Frontage i R.O.W. ' -- R.O.W. - R OW I ,i; ' I 1 : ,z...:7- ./.._ ROW.=As Defined on Thoroughfare Plan RO.W.=As Defined en Thoroughfare Plan R.O.W.=As Defined en Theroughtue Plan • : Minimum Lot Area: Minimum Front Yard Setback Maximum Lot Coverage: • 20,000 sq,ft. • 30 ft.when adjacent to an arterial • 70%of the lot area . Minimum Lot Width: • 20 ft.when adjacent to a local street Minimum Main Floor Area; :. • 70 il. Minimum Side Yard Setback: • 1000 sq.ft.for primary structures Minimum Lot Frontage: • 20 ft. for the Primary StruCture12 Maximum Main FiciOr Area: • . : • 70 feet • 8 ft for an Accessory Structure3 • 20000 sq.ft.for primary structures Minimum Rear yarci Setback. • 20 ft. for the Primary StruCturel-i • 8 ft for an Accessory Structure3 Height Miscellaneous Notes: 1. Side and Rear Yard Setbacks may be reduced to 10 feet where they abut Accessory Structures another commercially or industrially zoned property -----7 man R. Side and Rear Yard Setbacks for residential buildings(not mixed use) tOwer Ical , • Is exempt may be reduced to 10 feet regardless of the neighboring zone district exempt 8. Side and Rear Yard Setbacks may be reduced to 5 feet where they abut another commercially or industrially zoned property Building : 1 . :4. Primary Structure Height forbuildings containing residential uses may : 2 Height be increased to 35 feet: Flat Roof Structures Gable Roof Structures (from highest (from highest gable roof) section of fiat roof) Maximum Structure Height: • Primary atructure:30 ft.4 •Accessory Structure:20 ft. See Article 7 for additional development standards See Article 8 for additional use-specific standards Article Three:2One Districts .: 3-9 Page 6 of 10 PC-22::08 Proposed Zoning Information • R4 District (Single Family Residen tial ntal - Old City). mi. . 3.42 R4 District Intent, Permitted Uses,and Special Exception Uses District intent Permitted Uses - : . Special Exception Uses The R4(Single Family Residential Residential Commercial:General -Old City)District is intended to • bed and breakfast : • child care center(day care) provide a land use category for a : •child care/day care(owner- Communications/Utilities mix of residential uses within the occupied) •telecommunications facility(other oldest portions of the City.This •dwelling multi-family duplex1 than.microcellular) district shall be seen as "fixed"and •dwelling multi family-3 to 4 units2 Institutional/Public Facilities NOT be used for new developments •dwelling single family • church,temple,or mosque outside the City's core,although • residential facility for • public recreation center/pool existing lots surrounded by or within developmentally disabled/mentally Residential close proximity to other R4-zoned ill(less than 4 units) • dwelling accessory dwelling unit3 properties may be rezoned to this Institutional/Public Facilities • boarding house(owner occupied) district on a case by case basis. • public park • dwelling multi-family-3 to 4 units4 The Jeffersonville's Plan Commission Miscellaneous Uses • residential facility for and Board of Zoning Appeals •accessory uses developmentally disabled/mentally should strive to protect this district •home occupation#1 ill(more than 4 units) from conflicting land-uses such • home occupation#2 as industrial and large-scale commercial uses as well as non- family oriented businesses. • Notes: 1: Mln:unit size 600.SR 2.: Where an existing building is converted to multiple units.. 3. See Article 8.3 for additional standards: 4: New building 3-46 Jeffersonville Unified Development Ordinance Page 7 of 10, . PC-22-08 R4 District (Single Family Residential - Old City) TA:: 3.43 R4 District Development Standards. Lot Dimensions Setbacks I Other Requirements 1- —Lot Width I e - — r _ 'Rear Yard i i setback i i fS { - (�) i r S'� iti r (� Accessory „19 ( I I Structures J l t i Side tr. . triuArea 111 s Yard (._-. �' A saueb,ro( o,,.tmD Setbacki I \ r r -i-— I I i i Property 1 Si i i ( i i Lineg Front Yard = Coverage i i Building E Envelope Setback 1 . r I- I R.O.W. �' O.W.R /`� F—Lot Frontage— Ri.W. // ! /� ! RO.W..Aa Datnod on Thaoughfao Pleb R.O.W.a As DMRned on Thoroughfare Plan R.O.W.=As Di tnsd on Thoroughfare Plan Minimum Lot Area: Minimum Front Yard Setback:: Maximum Lot Coverage • 2,500 Square feet: . •Average of the setbacks of the • 80%of the lot area Minimum Lot Width:. adjacent structures Minimum Residential Unit Size • 20 feet Minimum Side Yard Setback: • 600 square feet: • Minimum Lot Frontage: •3 ft.for the Primary Structure Minimum Structure Width • 20 feet • 2 ft.for an Accessory Structure .. • 18 feet... Minimum Rear Yard Setback: : Maximum Primary Structures. * 15,ft.for:the'Primary:Structure.. • 1Primary Structure:: • • 2 ft.for an Accessory.Structure .: Height Miscelianeous.Notesd 1. :A 50%reduction from the average setback may be taken on one face of Accessory Structures a corner lot mechanical . . - . 'towe rj Moxampt / n rT alsd Blinding Height m Flat Roof Structures Gable Roof Structures (from highest (from highest gable roof) eectlon of flat roof) Maximum Structure Height: • Primary Structure:35 feet • Accessory Structure 18 feet 'See Article 7 for additional development standards 'See Article 8 for additional use-specific standards Article Three:Zone Districts . . 3-47 Page 8 of 10 PC-22-08 • Home Renderings/Elevations-Market St. • • �== dam, . • r�L11� ra"�h )ater ! 10 • • ".;1L I Y:r-�-(:1,- '% + S - • as u srs j Pe 1.® , r i I. 1 111 1 . ,� r �. G ; � ;ice_ _,I . , f� )� �s �; 1 • . . . -. .'\ , -`= /1 — - 11 1 i 1 <,` nr4 , is • I1,/ ' �P 1 tr Page 9 of 10 . PC 22 08 • • Overall Site Rendering • • . \ .... • . .• • • • lk if • '.. '.. ...— • • .. 1\ ,' .I,//}q` FPS` ,. .. • „..., - n.:.. ,.. .....•,. .. . .........,. n..., ... •,. ... n.••..... .•...• •......:. ... .....,• .. .. ...• ..... .• ...•••. 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"... :... -:.....: -:.. .. :•• ..... .. .. ,. -.:..: •.. � f • • f J met?f r: . .. • • • E1 r. • . • ` Page-10 of 10 PC 22 08 March 1, 2022 Jeffersonville Board of Zoning Appeals Subject: 100 E High St, Docket Number BZA-22-11 We are the owners of the property at 119 E High Street, adjacent to the proposed development at 100 E High St by Millennium Builders, LLC. IT is our opinion that the proposed development is totally in keeping with the residential neighborhood where it is located and will be a valuable asset to the City of Jeffersonville. We strongly support this project. (i_r/ Ronald L Repp LoS, Carla H Repp