HomeMy WebLinkAbout2023-OR-78 Ordinance Changing the Zoning at 5003-5005 Charlestown Pike to R3 (Single Family Residential - Small Lot STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE 2023-OR-
AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF
PROPERTY LOCATED AT 5003-5005 CHARLESTOWN PIKE AND FULLY DESCRIBED IN ATTACHED
EXHIBIT A FROM Al-AGRICULTURE TO R3-SINGLE FAMILY RESIDENTIAL-SMALL LOT
Whereas, Millennium Builders filed a petition before the Jeffersonville Plan Commission
to change the zoning map designation of the real property located at 5003-5005 Charlestown
Pike and fully described in the attached Exhibit A from Al-Agriculture to R3-Single Family
Residential-Small Lot and,
Whereas, on November 28, 2023 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 December 4,
2023; 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 5003-5005
Charlestown Pike and fully described in the attached Exhibit A is hereby changed from Al-
Agriculture 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 4th day of December, 2023.
Common Council of the City of Jeffersonville, Indiana
VOTED FOR: VOTED AGAINST:
Atx,;&
att Owen, President
ATTEST:
'444
Lisa II
City Clerk
Prepared by:
Les Merkley
Corporate Counsel
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CITY OF JEFFERSONVILLE
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RS0�1 Jeffersonville City Hall
500 Quartermaster Court
Jeffersonville,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 5003-5005 CHARLESTOWN PIKE
AND FULLY DESCRIBED IN ATTACHED
EXHIBIT A FROM Al (AGRICULTURE)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 5003-5005
CHARLESTOWN PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM
Al (AGRICULTURE)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 5003-5005 Charlestown Pike as
recommended by the Plan Commission from Al (Agriculture)to R3 (Single Family Residential-
Small Lot)
A public hearing will be held on Monday,December 4,2023 at 7:00 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 and in reference to the matters set
out in said ordinance.
Les Merkley
Corporation Counsel
Jeffersonville City Hall
500 Quartermaster Court
Jeffersonville,IN 47130
(812)285-6423
POSTED AND EMAILED ON November 29,2023
TO THE FOLLOWING:
Via Email to: dsuddeath@newsandtribune.com
Via Email to: newsroom(@,newsandtribune.com
Posted to: w- w.cityofjeff net .
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE PLAN COMMISSION
IN RE THE APPLICATION OF:
Millennium Builders,LLC I PC-23-22
TO REZONE CERTAIN TRACT:
10-42-05-000-038.000-039, 10-42-05-000-039.000-039
FROM:
Al (Agricultural)to R3(Single Family Residential-Small Lot)
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 Al to R3 ;
Docket Number PC-23-22 ; and,
Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a
public hearing on the petition on November 28,2023 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 November 28,2023 , the Jeffersonville Plan
Commission (circle_Qne):
Favorably Recommends),Unfavorably Recommends/ Provides NO Recommendation
that the Jeffersonville Common Council enact by ordinance the proposed zoning
designation change of the property from Al to R3 as requested in the petition of
Millennium Builders. LLC I PC-23-22
So certified this 28th day of November 2023
Chairman
GO'y Plan Commission
Staff Report
November 28, 2023
641 Case No: PC-2
t.., (V Location: 5003-5005 Charlestown Pike
Applicant: Millennium Builders
`� Current Zoning: Al (Agricultural)
ok\ ``4 Proposed Use: Residential
FRSON Council District: District 4—Scott Anderson
Request ;<
Rezone property from Al (Agricultural)to R3 (Single
Family Residential—Small Lot)
Case Summary
The applicant is proposing to rezone the parcels for
future development of residential housing. "
Staff Finding/Opinion 1A4` '¢"�
The proposed rezoning would allow for approximately 58 , 4
acres of agriculturally zoned land to be used for
residential uses. When considering a zoning change of
this scale, Staff believes it is important to consider the
effects of development on existing City transportation . *
it
infrastructure and utilities in order to ensure that the City F)
maintains a high quality of service for all residents. Ultimately, given the City's announced plans to
widen Charlestown Pike, the presence of other R3 zoned subdivisions in the area, and the
Comprehensive Plan's goals of increasing housing and housing diversity, Staff recommends approval
of this rezoning.
Staff would like to highlight the Comprehensive Plan's goal of creating a buffer zone between the
existing quarry and any new development in this area (see additional notes). It may be wise to ask that
such a buffer be retained as a condition of rezoning. Said buffer can then be worked out in the platting
process
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-23-22) to the Jeffersonville City Council with
(insert recommendation]as presented to the Plan Commission on December 4, 2023.
Page 1 of 8 PC-23-22
Staff Analysis for Change in Zoning
The following is a summary of staffs 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 Al
(Agricultural). Adjacent properties are zoned Al `•:
(Agricultural)to the North, R3 (Single Family 3
Residential—Small Lot)to the East and South,
R2 (Single Family Residential — Medium Lot)to
the South, and 11 (Business Park/Light Industrial) hrt°;`-_,
to the West. '' •
•
District Intent: Existing: Al (Agricultural) ` ,
The "Al" (Agricultural Zone) District is intended as a
"place holder"for existing agricultural properties, rural , �'
14
estates, and natural areas in the far northwest portion ifii��
of Jeffersonville. The Al district allows for continued agricultural production in this district as well as a
few other agriculturally related uses.
The Plan Commission and Board of Zoning Appeals should strive to balance the needs of property
owners in this district with that of encroaching development.
District Intent: Proposed: R3 (Single Family Residential —Small Lot)
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 Residential Neighborhood. These areas are
primarily composed of single-family residences and should be preserved as such. Limited multi-family
uses may be allowed if they are small-scale, such as duplexes or triplexes and located along primary
road corridors including major and minor arterials and collector streets. Care should be taken to
integrate any non-single-family projects into the neighborhoods through architectural scale, design, and
adequate buffers. Some areas within this classification, especially in the northwestern parts of the city,
contain large tracts of undeveloped land. When developed these areas should favor single-family
subdivisions and only incorporate multi-family where immediately adjacent to a minor arterial or major
collector street. Commercial, industrial, and large-scale institutional uses should be discouraged.
Page 2 of 8 PC-23-22
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// FUTURE LAND USE
i `_11 Commercial Corridors
/ Downtown Mixed Use
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/ Industrial/Commercial
%\ / EN Mixed Use
v / o :__ Mixed Neighborhood
Residential Neighbhorhood
Future Land Use Map
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Planning Districts Map
Planning District 10: Northwest Jeffersonville
This area of Jeffersonville contains the largest quantity of potentially developable land in the City, much
of which is currently being used as farmland. Development in this corner of the City is primarily
residential with a mix of newer subdivisions, including a few currently under construction, and larger,
formerly rural properties. The following goals are established for the Northwest Jeffersonville Planning
District:
Page 3 of 8 PC-23-22
• Promote new residential growth and development in this District. With few exceptions, where
non-residential uses already exist such as those on Keystone Boulevard, growth and
development should be of a residential nature. Single-family development is preferable to
larger-scale apartment communities due to a lack of high-capacity road infrastructure
• Encourage diversity in housing prices
• Allow higher intensity development and densification only where immediately adjacent to Utica-
Sellersburg Road, Charlestown Pike, and Highway 62. This development should be balanced
with lower-density development further away from the main roads
• Require new subdivisions to provide stub streets to adjacent undeveloped parcels for street grid
connectivity. Encourage creation of more "through streets" to better disperse traffic
• Reserve open space within new developments for recreational uses which serve local residents.
Open spaces should be well connected to the street network to ensure public use
• Utilize utility corridors and drainages to connect existing and future neighborhoods with
recreational trails
• Protect floodplain areas along Silver Creek and Pleasant Run from development. Utilize green
corridors along these creeks for recreational use
• Maintain appropriate buffers around the active quarry in this district
Additional Notes
C •.` \
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Flight Path ` 4 4*i
eservation Area &\A /49
�^ vim. � V� / rl�
Attachments
1. Letter of Intent(below)
2. Current Zoning 2 pg. Layout
3. Proposed Zoning 2 pg. layout
Letter of Intent
Letter of Intent(written)
It is the intent of Millennium Builders,LLC,to construct a high quality single-family residential subdivision on the subject tracts.
The development will continue the high standards of recent development in the area with high quality homes
Page 4 of 8 PC-23-22
Current Zoning Information
Al District (Agricultural) Al)
3.2 Al DiLtact Intent. Permitted Uses, and Special Exception Uses
District Intent Perniitted Uses Special Exception Uses
The'Ai•(Agricultural Zone)District Agricultural Uses Agricultural Uses
is intended as a"place holder'for • agr:i:tu-al cr:o product cn •egritourtsm uses2
existing agriet/tural properties,rural • fannsteac I•commercial storage/processing c`
estates,and natural areas in the far • gree-house incncommeroal) iagricultural products
northwest portion of Jeffersonville. • ^:,:rsery/tret far r. 'Commercial.General
The Al district mows for continued • ordurd/vineyard •barber/beauty salon/neils3
aerie-tilting l production in this district • rasing of farm animatsi •kennel,commercial
as well as a few other agricultunsay • se e of aagricultaral products Comn►e►ciek Recreation/Fitness
•related uses. staple,cornmcroa- i•campground
Commercial:Recreation/Frtaees •04 course/country club
The Plan Commission and Board • -int_re center,preserve • gun dub,skeet sthoot paintbsll,or
of Zoning Appeals should strive Institutional Uses target rangy
to balance the needs of property • cr.urch,temple,or mosque . ., .
u.
owners in this district with that ofp o� door enter,a nmtM venue
encroaching development • public park 1Conamunications/Utrtdies
• public ree center/pool ;• electr-calgeneration
Residential i• public well
• bed and breakfast • telecommunications facility
• child are/day care(owner occ.) Institstiortal saes
• dwelling-accessory dwelling unit • / soIetan
• awell-ng-si-.gle family Miscellaneous Uses
Miscellaneous Uses •gory Uses
• !io care dac care_owner occupied
• `c'ne CCCupat�0^»1
• .sane occupetic^"»2
Additional Notes:
I. Subject to noncommercal Livestock standards rn Article 7
2. See definition in Article 12
3. If performed as•home occupation
3-6 Jeffersonville Unified Development Oidinance
Page 5 of 8 PC-23-22
Al District (Agricultural) S
3 3 Al District Development 5'andards
Lot Dimensions Setbacks Other Requirements
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Ana El ': i itai -
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1t O VU.As Wm.!w noyipp tip O w@Am col r'woV"l•nr •INIMIIMIN•...
Minimum Lot Arex Minimum Front Yard Setback Maximum Lot Coverage:
• 5 acres • 70 feet • 35`.of the lot area
Mininrrm Lot Width: Minimum Side Yard Setback Minimum Dwelling Size
• 160 fee- • 30 feet-Primary Structure • 1 CC sa:4e,-e‘eet
Minimum Lot Frontage: • 10 feet-Accessory Structure
• 100 feet (<1000 square feet)
• 30 feet-Accessory Structure
(>10CC square feet)
Mininrmr Rear Yard Setback
• 30 feet-Primary Structure
• 15 feet-Accessory Structure
Height Miscellaneous Notes:
Aga:u t'.re-rested accessory structures are exempt from the matdmum
,. Y arty... strut.Ore height
FMt Root at.ct... Q. Kp Y%%4%m
Don West t•am nqw+oat.,oar;
tycoon ot M ivory
Maximum Structure Height
• Pantry Structure 40 feet
• Accessory Structure. 18 feet
See Article 6 for subdivision regulations
See Article 7 tor additional development standards
See Article k for additional use-specific standards
Article Three:Zone Districts 3.7
Page 6 of 8 PC-23-22
Proposed Zoning Information
R3 District (Single Family Residential - Small Lot) Ni
`.
3.41 R3 District De'.elopment 5:endards
Lot Dimensions Setbacks Other Requirements
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0 r p _ . ccesacrf 049
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ro I 'e I °•
iNsawtp e
ewe+•. 'WI• •
'p'
t..bw e.ebca
/ • Lot r,O„t•p. "0.OW / � HOW ROW.
/ of Ow•4r Or "e en 4 ti}r• ny 0eV-4 WY.v,T'�A4f'••1r �ItO■.•N Wend�11w/iw/1M
Minimum Lot Area Mirirmn Front Yard Setback:1 Maximum Lot Coverage
• 4 C.C.0 Square feet • 30 ft when edjece^t to ein a sr NI • 75f.of the lot ere.
Minimum Lot Width: • 20 ft.when edj to a local sireet2 Minimum Residential Unit Size
• 25 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 en Accessory Structure • 22 feet for et I.st 60':of its length.
Mininrrini Rear Yard Setback: Maxinwm Primary Structures
• 15 ft for the Prmery Structure • 1 Pnmery Structure
• 2 ft for en Accessory Structure
Height Miscellaneous Notes:
1 In an established subdivision the front setback shall be the average of
AoO...ory Will... the adjacent homes,a 25%reduction may be taken on one face of a
corner lot
1.11.111,01
„..,,,.„ 2. At corner lots on local streets,the front setback may be reduced to
••""" 15 feet
... swam
wv+
Not woof ilwali'• Olwae troy WAlw.
Mon West (+om ROW gads w)
max.,of tot POOR
Maximum Structure Height:
• Prrrrerl Structure 35 feet
• Accessory Structure 18 feet
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 3.45
Page 7 of 8 PC-23-22
R3 District (Single Family Residential - Small Lot) ,R;
3 40 R3 District Intent. Permitted Uses. and Special Exception Uses
District Intent Permitted Uses Special Exception Uses
The R3(Singe Family Residential Residential Commercial:General
-Small Lot)Distract is intended to • child care/day care(owner- • cln d:ere :e-ter'Jay care)
provide a land the category for occupied) Communications,.Utilities
single family hornets on smaller-sized • dwelling single family • to ecornmunications facility(other
lots.The provisions that regulate • dwelling:single family,ettachedi t' mrcrocellular)
this lend use district should protect, • residential facility for Residential
promote and maintain existing developmentally disabled/mentaly • aoteding house(owner occupied'
residential areas in the City of li(less than 4 units) ' • co-housingcimrnunity
Jeffersonville and may also be used • senior living/retirement community • dwelling:accessory dwelling unit&
for future housing growth. not assisted wing or nursing • dwelling,multi homily-duplex
The Jeffersonvrles Plan Commission home) • residential clubhouse/community
and Board of Zoning Appeals Institaioad/Public Facilities room
should strive to protect this district • public park Inatibrtional/Public Facilities
from conflicting lend-uses such Maalaeoes Uses • church,temple,or mosque
as industrial and large-scale •child care/day care:owner • public retreat on center/pool
commercial uses as well as non- occupied Miscellaneous Uses
family oriented businesses. • home occupation III •home occ Paton 22
Article 6 of this ordnance includes
additional options and incentives
for the development of subdivisions
that preserve natural open spans,
Ioodplains,etc_that eat on site
and/or dedicate and construct
public park feciiities-
Additional Notes:
1. 200 foot maximum building length for all attached unts
2. See Article 8.3 for additional standards
3. Only if platted for individua`sale m a new subdivisior of more than 3
acres in size.
3-44 Jeffersonville Unified Development Ordinance
Page 8 of 8 PC-23-22