HomeMy WebLinkAboutJULY 26, 2016 MINUTES OF THE JEFFERSONVILLE PLAN COMMISSION
July 26, 2016
1. Call to Order
A meeting of the Jeffersonville Plan Commission was held on July 26, 2016 at 6:02
p.m. in the Council Chambers, First Floor, Jeffersonville City Hall, 500
Quartermaster Court, Jeffersonville, Indiana. Chairperson Brent Roberts called the
meeting to order.
2. Roll Call
The roll was called and those members present were: Duard Avery, Kathy Bupp, Rita
Fleming, Scott Hawkins, Brent Roberts, and Ed Zastawny. Those members not
present: Lisa Gill. Also present were Linda Mills, Secretary, Nathan Pruitt, Planning
& Zoning Director, Les Merkley, Planning & Zoning Attorney.
(SECRETARY'S NOTE: ALL PLAT MAPS, PHOTOS, ETC.
PRESENTED BEFORE THE PLAN COMMISSION ON THIS DATE
CAN BE FOUND IN THE OFFICE OF PLANNING AND
DEVELOPMENT.)
i
3. Approval of Minutes
The minutes of the June 2, 2016 meeting were approved as written on a motion made
by Rita Fleming and seconded by Ed Zastawny. Brent Roberts abstained from the
vote because he was absent for that meeting. Motion passed on a vote of 5-0.
4. Old Business
1) PC-16-47
The next item to come before the Commission is an application filed by IIt Source
Properties requesting variances from the development standards for property located at
2822 Sable Mill Road. The applicant is requesting variances from the development
standards from the following standards for an RV storage facility: Landscaping and
setback standards.
Nathan Grimes appeared before the Commission and stated the following:
• We are here for approval for an RV & boat storage facility;
• This facility will have a gated entrance;
• This is located at the end of a cul-de-sac on Sable Mill Road in an industrial
park;
• Submitted a landscape plan and added five more bushes in front of the
building; and
Jeffersonville Plan Commission Meeting—July 26, 2016 Page 1 of 11
• The units are enclosed and will top of line with heating and cooling.
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Nathan Pruitt stated that they are requesting two setback and requesting waiver from
the landscaping requirements but there are existing trees on the site and I think that
they are more than sufficiently covered.
Don Sandusky appeared before the Commission and stated the following:
• One of the variances we are trying to obtain is to build the building 10' from
the property line, this is located in an industrial park and the building next door
is 17' from the property line; and
• We have support of the local RV dealers, they said one of the biggest
hindrance in selling a large motor home is a place to keep them and this facility
will have a security system.
Therefore, upon a motion made by Ed Zastawny and seconded by Rita Fleming to
approve the development standards variance as presented. Motion passed on a vote of
6-0.
5. New Business
2) PC-16-48
The next item to come before the Commission is an application filed by Nicklies
Development requesting approval of a final plat for property located on 10th Street
near the interchange with Interstate 265. The proposed subdivision, named
Jeffersonville Commons. The property would be divided into seven (7) lots and
public streets.
Jim Calvary appeared before the Commission and stated the following:
• Requesting approval for the final plat of Jeffersonville Commons which is
in agreement with the approved development plan; and
• Nothing has been changed
Therefore, upon a motion made by Rita Fleming and seconded by Scott Hawkins to
approve the final plat of Jeffersonville Commons as presented. Motion passed on a
vote 6-0.
3) PC-16-49
The next item to come before the Commission is an application filed by ARC
Property Investments requesting approval of an amended development plan for a
hotel at 301 West Maple Street (formerly the Rose Hill School). The property
contains one parcel totaling 1.217 acres and is zoned DC (Downtown Commercial).
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Jake Elder appeared before the Commission and stated the following:
• We are seeking an amendment to the development plan for the Marriott in
downtown Jeffersonville;
• We previously received a development plan approval in September 29, 2015;
• At the corner of Maple and Mulberry Streets there was a proposed 12,000
square foot retail space;
• It wasn't until March 2016 that we received a package regarding the franchise
agreement with certain comments on the proposed development plan;
• One of the requirements from the Marriott franchise is the removal of the
exterior 12,000 retail space;
• We are able to incorporate it into the interior of the building;
• Throughout this process we have met with the Rose Hill Neighborhood
Association and it was very important for them to have a gathering space; and
• We have replaced the exterior area with a green space.
Les Merkley stated that it is his opinion that this change should come back for
approval of the Plan Commission, under the prior administration this type of change
would have been approved in house.
Alan Muncy appeared before the Commission and stated the following:
• Moving the retail space inside will free up seven (7)parking spaces.
Therefore, upon a motion made by Ed Zastawny and seconded by Kathy Bupp to
approve the amended development plan as presented. Motion passed on a vote of 6-
0.
4) PC-16-50
The next item to come before the Commission is an application filed by David Bauer
requesting a rezoning. The proposed rezoning map amendment would reapprove the
previous rezoning of two parcels from R1 (Low Density Residential)to PD-R1
(Planned Development Low Density Residential). This PUD will include 13
residential units and a private road.
5) PC-16-51
The next item to come before the Commission is an application filed by David Bauer
requesting approval of a preliminary plat for property located at 3402 Charlestown
Jeffersonville Pike. The proposed subdivision is Hadley Commons.
The Commission elected to hear both application simultaneously.
David Blankenbeker appeared before the Commission and stated the following:
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Jeffersonville Plan Commission Meeting—July 26, 2016
• In 2008 this was brought before the Commission under the name Murphy's
Cove;
• Charlie Resiert was the developer at that time and the property was not
developed and return back to New Washington State Bank;
• The bank came in 2014 and ask to re-affirm the plan so that they can market
the property;
• There are a few changes from the original plan;
• Mr. Bauer has his own building plans for the individual units are different
from the original plans;
• In addition the way it laid out with these buildings, we ended up with 13 units
but with Murphy's Cove there was 12 units;
• We also added the lot lines, Mr. Bauer is interested in marketing these for
sale and they need lot lines;
• Received an e-mail that the Fire Department questions the roadway width and
I called Mr. McCutcheon and went over some things with him and also spoke
with Andy Crouch;
• Mr. Crouch has stated in an e-mail and text that he is okay with what we have
proposed;
• Mr. McCutcheon asked that we developed a method to prevent people from
parking on both sides of the road;
• What we have proposed in that regard is to prohibited parking on the opposite
side of the road from the homes and to limit parking on the side next to the
homes for guess for periods of no more than four(4) hours;
• Mr. Bauer has agreed to put up signage to that affect and placed in the
neighborhood covenants;
• What we proposed for road width is 24' of asphalt and a 2' curb on either
side, it will be a gently rolling curb which means about 18" of that curb can
be driven on; and
• So you have a least 23' feet of paved surface for the 13 units.
David Bauer appeared before the Commission and stated the following:
• My background is 33 years in real estate sales;
• I'm one of the principal brokers at Schuler& Bauer;
• The past 26 years I owned a company called Discovery Builders;
• We are in the process of finalizing the work for the Colston Park project;
• Was part owner and developer for Hawthorne Glen Subdivision in
Charlestown;
• One of things I pride ourselves in is the reputation for doing a quality project;
• In New Albany we did a project just like this called Trinity Run;
• This project that we are doing here in Jeffersonville is model after Trinity
Run;
• This is a four-sided brick project;
• This is a two-bedroom design on one level living;
• Market towards seniors with two bath;
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• We have adequate parking;
• There are no floor plans available right now but this will be a better project
than was what approved before; and
• Asking for the Commission approval.
David Blankenbeker stated that the previous plan did not have sidewalks.
David Bauer stated that he is not opposed of the sidewalks but really not interested in
installing the sidewalks because they will not take you anywhere.
Rita Fleming stated that she is in favor of sidewalks.
David Bauer stated that there is green space across the street, we don't have this in
the plan but a picnic bench or something like that may end up in the green space.
Nathan Pruitt stated that we do require sidewalks and that this actually exits onto
Morgan Trail which does have sidewalks so at minimum I think it should have
sidewalks that connect to Morgan Trail.
David Blankenbeker stated that if that is the Commission preference to install
sidewalks that is what we will do, the only thing it will effect is the driveway in the
back.
Ed Zastawny asked what the back of the structures would look like that back up to
Alvin Drive.
David Bauer stated that the structures are 4-sided brick and grass, this is a single-
family community. This is two units connected with the property line down the
middle.
Duard Avery stated that he likes this infill project and this is a good project.
Therefore, upon a motion made by Duard Avery and seconded by Kathy Bupp to
send a favorable recommendation to City Council to re-zone the property located on
Charlestown Pike and Morgan Trail from R1 (Low Density Residential) to PD-R1
(Planned Development Low Density Residential). Motion passed on a vote of 6-0.
Therefore, upon a motion made by Duard Avery and seconded by Kathy Bupp to
approve the Preliminary Plat with the following conditions:
➢ Sidewalks installed to the cul-de-sac on one side of the street; and
➢ Parking only on one side of street for not more than a period of four(4)hours
and to be enforced with Subdivision Restrictions and HOA.
Motion passed on a vote of 6-0.
Jeffersonville Plan Commission Meeting—July 26, 2016 Page 5 of 11
6) PC-16-52
The next item to come before the Commission is an application filed by Storage
Express requesting a zoning change for property located at Allison Lane and Middle
Road. The property is currently zoned C 1 and the requested zoning is C2.
Les Merkley stated the following:
• Received some e-mails from some Commission members regarding this
docket matter;
• A few months ago this came before the Plan Commission, the same applicant,
the same proposed zoning use and the same piece of property;
• The Commission at this meeting voted 3-3 so it was forwarded onto City
Council with no recommendation;
• The City Council denied the re-zoning and there was some issues as to if they
were advised of the City Council Meeting;
• I advised the applicant that they have the right to re-apply;
• There is no restriction under our code or Indiana statute that puts a limit on
how many times you can apply for re-zoning on a piece of property; and
• Mr. Kraft may raise the issue of the 3-3 vote that was cast by the Commission
originally, Mr. Kraft and I disagree with the definition of the 3-3 vote.
John Kraft appeared before the Commission and stated the following:
• Indiana Code 36-74-302 specifically requires a Plan Commission or a Board
of Zoning Appeals in order to rule on something they have to have a majority
vote;
• When that failed on a 3-3 vote is was like there was no vote at all;
• This is a 4.8 acres track of property;
• The property has minimal frontage on Middle Road and Allison Lane;
• Everything surrounding this parcel is C1, IS, and one M2 use which is an
apartment complex;
• There is only a small amount of buildable space on the lot because of the
flood plain;
• The following should be considered; the comprehensive plan, current
conditions, structures and character surrounding the property, the most
desirable use for which the land is adapted, conservation of property values
and responsible development and growth;
• When you look at the Comprehensive Plan you have to look as it being a
guide;
• You can look at Jeffersonville Future Land Use and the guide to this keeps it
in a commercial piece;
• This falls in line with surrounding areas;
• It is zoned currently C1 but due to the limited visibility and limited access the
ability to develop that into something commercially is very difficult;
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• When you look at current conditions, character of structures in each of these
districts, the property that surrounds this site that these are all C1, IS and one
multi-family district;
• The surround uses are commercial;
• The most desirable use for which the land is adapted, while this is a change of
zoning, it is a change from C 1 to C2;
• The C2 district allows storage facility with a special exception;
• The most desirable use should be the most feasible;
• Is this really a spot for single-family residential; and
• My clients only do one thing and that is storage.
Jeff Shreve appeared before the Commission and stated the following:
• Apologized to Mr. Hawkins for the misunderstanding and stated that they
should have been at the council meeting;
• We have 90 locations throughout Indiana, Illinois, Ohio, Kentucky and
Tennessee;
• Largest Self-storage company headquartered in Indiana;
• We are proud of the properties that we build and manage;
• We are serious about security;
• We monitored our properties 24 hours, seven days a week;
• We have overnight security team, high def cameras, silent alarms and gated
facilities;
• We have five full time people in Clark County taking great care of our
facilities;
• Customers have personalized gate codes;
• We decorative fencing with split face columns and our properties are
professionally landscaped;
• I am before you tonight because business is good and we lost some spaces in
Jeffersonville;
• We will spend a million one on the buildings themselves,just over 500,000 on
the site and detention;
• This is an odd shape piece of ground with limited visibility;
• The backside views from our property is not the prettiest because this property
facing the back of several commercial properties;
• We will make a great neighbor;
• Self-storage is a great transition buffer use; and
• The entrance to the facility will be located off of Allison Lane.
Nathan Pruitt stated the following to the Commission:
• The developable area might be slightly more than what they are saying if you
factor in the two above free-board;
• On the future land use plan this site is designated residential but this property
should actually be designated as commercial;
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• There are C 1 zoning district surrounding the site and IS and M2;
• What you are seeing is a characterization of a neighborhood node;
I 0 When you get into C2 zoning you are looking at larger development;
• This would not be in keeping with that neighborhood commercial node;
• As a general planning concept it is a really bad ideal to insert a heavier
commercial use in an already distressed area;
• The Planning Department is going to do a neighborhood study in this area; and
• If you up zoned this to C2 it will not improve the commercial node it actually
it's a very low used space and doesn't impact the neighborhood level of
service and does not represent the best use.
Rita Fleming stated that she visited the site it is a mixed use area and can't imagine
much other use for this property.
Scott Hawkins stated that his position is the same as before and this will increase the
tax base.
Nathan Pruitt stated that you should be cautious in considering property tax increase
that is not part of Indiana criteria it is not un-imaginable that another applicant might
find use for this property that fits in with the Comprehensive Plan and raises the tax
base.
Therefore, upon a motion made by Scott Hawkins and seconded by Brent Roberts to
send a favorable recommendation to City Council regarding the zoning change for
property located at Allison Lane and Middle Road from C 1 (Small to Medium General
Scale Commercial) to C2 (Medium to Large Scale General Commercial). Motion
passed on a vote of 6-0.
7) PC-16-53
The next item to come before the Commission is an application filed by Mark&
Karen Foster for a proposed subdivision plat for Foster Land, includes one lot and
1.14 acres. The property is zoned Al (Agricultural). The applicant is requesting
waivers from minimum lot area, minimum lot width and minimum lot frontage
standards.
Karen Foster appeared before the Commission and stated the following:
• My husband and I own a 185 acres on Charlestown Pike;
• In about 1982 a modular home was placed on the property;
• My husband and I raise cattle on the farm;
• Our son along with his wife and three children would like to build a home on
this lot;
• We had David Blankenbeker survey the 1.4 acres where the home will be
located; and
• Requesting approval to subdivide this lot.
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Jeffersonville Plan Commission Meeting—July 26, 2016
Nathan Pruitt stated that based on the lot dimensions and lot size standards for Al
district the minimum lot area is 5 acres and they are requesting 1.4 acres, the
minimum lot with is 160' and they are requesting 138' and finally the minimum lot
frontage is 100' and they are requesting 0'.
Karen Foster stated that once the house is built the modular home will be removed.
David Blankenbeker appeared before the Commission and stated the following:
• I know that Nathan Pruitt is working on some changes in the zoning
ordinance and the 5 acre minimum requirement seems like a lot; and
• It is only 4,000 square feet in the county.
Therefore, upon a motion made by Rita Fleming and seconded by Ed Zastawny to
approve the Preliminary Plat of Foster Lane as presented. Motion passed on a vote of
6-0.
8) PC-16-54
The next item to come before the Commission is an application filed by Robert Lynn
Company, LLC requesting approval of the final plat for Stacy Springs—Section 2
which contains 24 lots. The preliminary plat for Stacy Springs was approved in April
2009.
Jason Copperwaite appeared before the Commission and stated the following:
• Section 1 of Stacy Springs was platted about four to five years ago;
• This is slightly different than what Nathan may have given you;
• On the east side of Kismit Drive there was several lots that was 49.2', the
developer asked that all the lots be 50' in width;
• This is 3.94 acres with 23 lots; and
• There is a drainage basin on the south edge that will accommodate Section 1
and Section 2.
Therefore, upon a motion made by Ed Zastawny and seconded by Kathy Bupp to
approve the final plat for Stacy Springs—Section 2 as presented. Motion passed on a
vote of 6-0.
9) ZO-16-01
The next item to come before the Commission is an amendment to the Jeffersonville
Zoning Ordinance (2000-OR-61) for recommendation to the City Council. The
proposed amendment would add a new overlay titled Traditional Marketplace Tenth
Street Overlay District to Article 5, adopt development standards in Article 7, and
amend use tables in Article 4.
t
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Jeffersonville Plan Commission Meeting—July 26, 2016
Nathan Pruitt stated the following to the Commission:
• We updated the Comprehensive Plan in 2015 to look at new growth in the
City and how we manage that and also look at certain areas in the City that
need focus based on their deteriorating characteristics;
• 10th Street revitalization has been identified;
• Basically what I'm presenting tonight is a response to the moratorium related
to auto use;
• We have the planning districts within our Comprehensive Plan, we are putting
all those little pieces together;
• This will permit new growth and in fill;
• Auto related uses are very dense on 10th Street and that is the reason we asked
for the moratorium;
• There are three things proposed:
o Traditional Marketplace Tenth Street Overlay District
o Filling/Gas Station Development Standards
o Amended Use Tables
• There is an District Intent& Effect on Uses sheet which describes everything
that you see in a Comprehensive Plan that address 10th Street;
• We would like to create a new Overlay District which would address the uses;
• This overlay district would exclude auto sales/services business;
• Properties that were historically gas stations may revert back to gas stations;
• These things doesn't happen overnight, this will be long term changes;
• The other portion of this is gas stations;
• We have set up standards that are just for gas stations;
• We will allow up to two gas stations to cluster on either side of the roadway;
• There are distance rules and they have to be within a distance from each other;
• This will not allow for three or four gas stations to operate at an intersection;
• The last thing is use table updates, we paired down conflicting uses; and
• We have open some of the uses in Highway Commercial and added some new
uses.
Ed Zastawny stated that he loves all the work that was put into this but it seems that
the gas stations allows more stations then what they discuss in the work shop.
Nathan Pruitt stated that this permits two gas stations every '/2 mile. My primary
concern was not to have three or four gas stations per intersection.
Ed Zastawny stated in his opinion he is not being restrictive enough and would like
the standard to be a minimum distance of one mile instead of%2 mile.
Therefore, upon a motion made by Scott Hawkins and seconded by Kathy Bupp to
tsend a favorable recommendation to City Council for the Zoning Ordinance
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Jeffersonville Plan Commission Meeting—July 26, 2016
Amendment with the cluster of gas stations minimum distance of one mile instead of
the % mile proposed. Motion passed on a vote of 6-0.
6. Reports from Officers, Committees and Staff
None.
7. Adjournment
There being no further business to come before the Plan Commission the meeting was
adjourned at 8:12 p.m.
V k (-1a.,r�r rS41
Submitted-by
mdd Mills, Secr ary
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Jeffersonville Plan Commission Meeting—July 26, 2016