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HomeMy WebLinkAboutAUGUST 30, 2016 MINUTES OF THE JEFFERSONVILLE PLAN COMMISSION August 30, 2016 1. Call to Order A meeting of the Jeffersonville Plan Commission was held on August 30, 2016 at 6:01 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, Lisa Gill, Scott Hawkins, Brent Roberts, and Ed Zastawny. Those members not present: None. 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.) 3. Approval of Minutes The minutes of the June 28, 2016 meeting were approved as written on a motion made by Lisa Gill and seconded by Ed Zastawny. Motion passed on a vote of 7-0. 4. New Business 1) PC-16-55 The next item to come before the Commission is an application filed by Koetter Construction requesting development plan approval for property located at 2987 Industrial Parkway. The proposed development is a 9,920 square-foot office and warehouse. The development also requires Board of Zoning Appeals approval of multiple variances. Carol Hougland appeared before the Commission and stated the following: • This is a conforming use and the project will be an office/warehouse. Nathan Pruitt stated the following: • They are lacking in some of the evergreen trees and landscaping for a development plan; Page 1 of 10 Jeffersonville Plan Commission Meeting—August 30, 2016 • They are however preserving 31 trees so they have gone above and beyond and; • We do have a monument sign identified on the plan but it doesn't give any dimensional size it only has the location. Carol Hougland stated that the lighting will be in compliance with the code and that all of the lighting in on the building. Therefore, upon a motion made by Lisa Gill and seconded by Ed Zastawny to approve the development plan waivers with the contingent that signage and lighting are approved by the Director and Board of Zoning Appeals approval. Motion passed on a vote of 7-0. 2) PC-16-56 The next item to come before the Commission is an application filed by Pinnacle Properties Development Group, LLC requesting a rezoning for property located at 3017 Middle Road. The current zoning is C1 (Small to Medium Scale General Commercial) and the proposed zoning is M2 (Medium Density Multifamily Residential). The applicant currently owns adjacent land and operates an apartment complex. The applicant seeks to rezone property as to construct an additional apartment building. Alan Applegate appeared before the Commission and stated the following: • We are seeking to rezone 5.24 acres of property; • The current Amanda Place apartments is adjacent to this parcel; • Amanda Place is a 48 unit apartment complex; • We seek the zoning classification from C 1 to M2 to match to existing apartments for purposes to build one additional building; • The property across the road from this site is a mixture of R 1, M2 and C 1; • On the same side on Middle Road is properties zoned OC, C 1, M2 and IS; • Pinnacle owns several apartments in the City of Jeffersonville and employees a lot of people; • The Comprehensive Plan states that the suburban neighborhood should allow a variety of housing types; • Directly across Middle Road is Creekside Apartments and this area can absorb more traffic; • This project is compatible with existing buildings in this area; and • This project is in keeping with the Comprehensive Plan. Lisa Gill stated that she is in support of this application. Scott Hawkins stated that Amanda Place is very well maintained. Page 2 of 10 Jeffersonville Plan Commission Meeting—August 30, 2016 Therefore, upon a motion made by Lisa Gill and seconded by Rita Fleming to send a favorable recommendation to City Council to rezone 3017 Middle Road from C 1 (Small to Medium Scale General Commercial) to M2 (Medium Density Multifamily Residential). Motion passed on a vote 7-0. Duard Avery left the meeting. 3) PC-16-57 The next item to come before the Commission is an application filed by Redevelopment Commission requesting a rezoning for property located at the 200 block of Mulberry Street. The current zoning is PR(Parks and Recreation) and the proposed zoning is DC (Downtown Commercial) Rob Waiz, Director of Redevelopment appeared before the Commission and stated the following: • Requesting rezoning for Colston Park but only requesting the front section of the park, will not be rezoning the whole park; • The reason we are requesting the zone change to DC is to have the ability for a 0 setback so that we can build up to the sidewalk; • This will conform to the downtown area; • The intent is for residential and to increase the density in this area for residential; • We have cleaned up the two blocks that surround this area; • The area that we are taking out of the park is less than an acre; • Downtown Commercial is somewhat deceiving because we want to use this for residential and will be putting a deed restriction that would exclude any commercial development. Lisa Gill stated that she appreciates the deed restrictions. Nathan Pruitt stated the following: • This went through an RFP process; • There has been a lot of investment downtown; • My recommendation for Downtown Commercial to Redevelopment is because we have zoning classification that don't give us the ability to do urban infill with this site; • If we have chosen some of the other residential classification it would have restricted the ability to utilize this site; • Redevelopment is looking to invest some dollars to re-do some of the walking paths in Colston Park; • This comes down to building form as the way it engages the street, making it walkable, making sure the site has flexibility to use as residential for Page 3 of 10 Jeffersonville Plan Commission Meeting—August 30, 2016 something like a town home or a brownstone so it doesn't require a 25' setback; • If we used an existing residential zoning we would have to seek many variances and it would be a messy process; • 1 thought by using Downtown Commercial will allow us to get that building form right, give us some density and height; and • In Downtown Commercial we allow residential and with the deed restrictions commercial project would not be permitted. Dustin White, Councilperson appeared before the Commission and stated the following: • In favor of the Downtown Commercial zoning; • Have a use for one or two multifamily and in line with intent of the development; • The deed restriction is a great ideal; and • Encourage to vote in favor for the rezoning. Duard Avery came back into the meeting. Kate Miller, 321 Pearl Street appeared before the Commission and stated the following: • I'm here with about twenty or so neighbors that all feel like this property should not be zoned Downtown Commercial; • What is happening in our neighborhood is eating away of available properties, there are very few properties downtown that has not been zoned a different way or used for a different purpose; • The old American Legion that was located downtown that property has already been rezoned and the bid process has started for that property to go multifamily; • So we are looking at density on top of density; • Downtown Commercial is very deceiving to us to neighborhood folks that seems like giving planning & zoning a sort of blank check; • We see this process very healthy a process where residents can come and question; • Setback can be achieved by a variance; • Asked to be on board with this request without plans is not a plan; • Housing of single family is needed in downtown; • We want to keep those restrictions that come with residential zoning because the messiness of that process allows for residential input; • We do want to get this right because of the lack of available properties like this downtown; Page 4 of 10 Jeffersonville Plan Commission Meeting—August 30, 2016 • If you would go just to Chestnut Street there was an investor that bought a portion of a hotel/apartment that property was going to be sold as multifamily units but that never happened; • There was never a big enough desire for that downtown; • If you would to go to the property now and see the condition of it, it is shameful; • We are not saying that this property won't be maintained it is just the course of action that has been going on downtown; • We give in opportunity or taken we get out of the picture then next thing you know we have a seven story apartment complex with 75 units; • We are looking at a very small property that potentially in our eyes could get out of hand very quickly; and • We would like for you to re-consider your vote and not allow this to be rezoned for Downtown Commercial. Doug Carden appeared before the Commission and stated the following: • I don't know about all the codes and zoning regulations but Downtown Commercial sounds like a McDonalds to me; and • Would like to single family homes on this site. Cindy McCollum, 402 Riverside Drive appeared before the Commission and stated the following: • Live at the corner of Clark Street and Riverside Drive in a home that we purchase 8 or 9 years ago; • It was three units and we returned it back to single family; • We would love to see some families in the downtown area; • Families who are vested in the area and want to raise their children here; • We don't want to see a bunch of units; • Our Rose Hill Neighborhood Association meets once a month and we feel very blindsided by this request; • Please keep us informed; and • Do not want to see Downtown Commercial for this property it is too wide open. Ed Zastawny asked if there was a limit for the height of the building. Nathan Pruitt stated the following: • There are height restriction per zoning classification and the maximum height in Downtown Commercial is 40'; • A development plan will have to be submitted to the Plan Commission; • With the downtown zoning classification the way that it is set up it seeks to maximize the utilization of the site; Page 5 of 10 Jeffersonville Plan Commission Meeting—August 30, 2016 • Zero lot line requirements, no buffer yard requirements all those things are required with new residential; • There is the potential that you could go through that process but we thought this was less messy and better to position the property to do those townhomes and brownstones; and • It is a possibility but I don't feel like it's the best intent. Rita Fleming stated the following: • 1 understand your rationalization but I cannot anticipate that there would be any difficulty with 0 setback on residential development in this area; • I like the 0 setback; • It seems like we are circumventing what it is really going to become and that's residential; and • I understand the uncertainty of the Rose Hill Neighborhood. Nathan Pruitt stated: • There is a tradeoff of certainty and when you give the requirement to come back for all the waivers the developer is now in an uncertain position; and • It could potentially hinder the development and progression on this site. Rita Fleming stated that if the developer wanted it bad enough it would happen and would be more than happy to call a special meeting with the developer if it was zoned residential. Brent Roberts stated that this is a weakness of the Code, we don't have a downtown residential zoning in our code. Lisa Gill stated the following: • What they want to do fits with the property; • Feel confident with deed restrictions gets the residents what they want; and • The will be part of the process. Kate Miller stated the following: • The deed restrictions are not enough; • We want that to be single-family house downtown; • We don't want a multi-story building; • We already have a multi-story apartment building; • You are taking us out of the equation; • Variances will get you what you need; • We want to residents downtown in a responsible way; • We as residents support our downtown businesses; Page 6 of 10 Jeffersonville Plan Commission Meeting—August 30, 2016 • Cannot handle a dense environment on that property; • Please respect our balance; • We will give you the variance; and • Don't build apartment style structures we want single family homes. Nathan Pruitt stated the following: • The property is currently zoned for a parks it has to be rezoned for development; • She has made very valid points, we want other people to enjoy that too; • We don't individual pieces of property to be so priced high that it becomes restrictive; • That's why a townhome/brownstone situation allows per units and allow the market to have less inflated housing; • There are a lot of vacant lots downtown that can be developed with single family homes; and • DC allows for single and two-family multi family. Dustin White stated the following: • This is growing pains, a lot has changed; • DC with the deed restrictions not a plan for retail; and • If we are going to attract development we have to make it easier not more difficult. Duard Avery stated the following: • This will be an improvement in downtown; • This is historically a urban location; and • By putting homes there will add value. Ed Zastawny left the meeting. Therefore, upon a motion made by Rita Fleming to send an unfavorable recommendation to City Council, Motion died for lack of a second. Therefore, Lisa Gill made a motion seconded by Kathy Bupp to send a favorable recommendation to City Council rezone 200 Block of Mulberry Street from PR(Parks and Recreation) to DC (Downtown Commercial) with the deed restriction that no commercial will be permitted. Motion passed on a vote of 5-1 with Rita Fleming voting against the motion. 4) PC-16-58 Page 7of10 Jeffersonville Plan Commission Meeting—August 30, 2016 The next item to come before the Commission is an application filed by Steve Stenbro requesting rezoning for property located at 223 Pearl Street. The current zoning is R3 (Old City Residential) and the proposed zoning is NC (Neighborhood Commercial). The proposed use for the property will be a cafe. Steve Stenbro appeared before the Commission and stated the following: • We are requesting a re-zoning for NC; and • We are planning on having a cafe market. Lisa Gill stated that it is well needed and applaud them for taking on this huge tasks. Rita Fleming stated that they have done a remarkable job. Therefore, upon a motion made by Rita Fleming and seconded by Lisa Gill to send a favorable recommendation to City Council for the rezoning of property located at 223 Pearl Street from R3 (Old City Residential)to NC (Neighborhood Commercial). Motion passed on a vote of 6-0. 5) ZO-16-02 The next item to come before the Commission is an amendment to the Jeffersonville Zoning Ordinance (2000-OR-61). The proposed amendment would amend height restrictions in Article 4, amend use tables in Article 4, and amend process in Article 12. Nathan Pruitt stated the following: • We have a lot of development interest in downtown; • There is an minimum two-story height requirement in DC and would like to remove the maximum height; • The housing objectives state that we should remove barriers that may deter residential development in the downtown/core to allow for mixed-use development opportunities; • Also recommending in M2 and M3 to remove the maximum height restriction; • The second portion is to amend use tables in Article 4; • This will remove "mini-storage facility" as a Special Exception Use from C2; • Add mini storage facility as a permitted use in I1 and it is already a permitted use in N1; • Amend process in Article 12, there is no restrictions for re-zoning application if denied; and • This will state that if the petition was denied cannot re-apply for six months. Brent Roberts stated by removing the maximum height where does that allow the Plan Commission to interact with the developers. Page 8of10 Jeffersonville Plan Commission Meeting—August 30, 2016 Nathan Pruitt stated that it would be open and less control by the Plan Commission. Rita Fleming stated that it is very site specific. Nathan Pruitt stated the following: • That the Downtown Commercial District is only used in the downtown core, you won't find this 14 blocks from downtown; • The engineer cost would increase if it is higher than four floors; and • This is looking 10 years out. Therefore, upon a motion made by Scott Hawkins and seconded by Kathy Bupp to send a favorable recommendation to City Council to adopt the changes in Article 4 regarding the mini-storage facility and Article 12, zoning amendments for re-zoning application as presented but to take no actions on Article 4, regarding the height restrictions. Motion passed on a vote of 6-0. 6) ZO-16-03 The next item to the Commission is a Zoning Ordinance Amendment to the Jeffersonville Zoning Ordinance (2000-OR-61) to amend process in Article 12 to add Section 12.5 Requiring an Application for Certificate of Zoning Compliances for all new businesses in the City. Nathan Pruitt appeared before the Commission and stated the following: • I'm not asking that you take action on the request tonight; • Currently the City does not require a business license; • This is a requirement to make an application for a Certificate of Zoning Compliance; • This would be a fifty dollar($50.00) fee for any new businesses to allow us to do the proper zoning check; • The second portion of this is the proposed schedule of fees; • Currently we have two fees $175 and $275 for numerous types of applications; • The fees have not changes since 2001 and they are behind in the market; and • There is a lot of development review that happens and the fee structures need to increase with time. 7) Amending Declaratory Resolution The next item to come before the Commission is a Resolution Amending Declaratory Resolution. The Jeffersonville Plan Commission determining that a resolution amending the declaratory resolution approved and adopted by the Jeffersonville Redevelopment Commission conforms to the Comprehensive Plan and approving said resolution. Page 9 of 10 Jeffersonville Plan Commission Meeting—August 30, 2016 Les Merkley stated the following: • The Commission has considered this matters previously; • In order for the City Council to consider an amendment to the Economic Development Plan, this is for the inner city road and TIF area it required that the Plan Commission issue an order that the amendment to the plan is in compliance with our zoning code and more specifically with our Masterplan; • Ultimately the City Council has the final say to amend the inner city road plan to include two projects; and • The projects are basically widen of 10th Street and also infrastructure improvements on Highway 62 before we get to the round abouts. Therefore, upon a motion made by Kathy Bupp and seconded by Rita Fleming to adopt the amendment as presented. Motion passed on a vote of 6-0. 5. Reports from Officers, Committees and Staff Nathan Pruitt stated the following: • Tomorrow night the Parks Board is holding a public design workshop in City Hall; and • We have two new planners on staff. 6. Adjournment There being no further business to come before the Plan Commission the meeting was adjourned at 7:58 p.m. Submitted-by Linda Mills, Secretary Page 10 of 10 Jeffersonville Plan Commission Meeting—August 30, 2016