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HomeMy WebLinkAboutNOVEMBER 1,2016 l MINUTES OF THE JEFFERSONVILLE PLAN COMMISSION November 1, 2016 • Call to Order A meeting of the Jeffersonville Plan Commission was held on November 1, 2016 at 6:02 p.m. in the Council Chambers, First Floor, Jeffersonville City Hall, 500 Quartermaster Court, Jeffersonville, Indiana. Vice Chairperson Lisa Gill called the meeting to order. • Roll Call The roll was called and those members present were: Duard Avery, Kathy Bupp, Rita Fleming, Lisa Gill, Scott Hawkins, Ed Zastawny and Mike McCutcheon. Those members not present: None. Also present were Linda Mills, Secretary, Shawn Dade, Planning& Zoning Coordinator, 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.) • Approval of Minutes The minutes of the September 27, 2016 meeting were approved as written on a motion made by Kathy Bupp and seconded by Ed Zastawny. Motion passed on a vote of 5-0. Rita Fleming and Scott Hawkins came into the meeting. • Election of Officers: Lisa Gill open the floor for nominations for the vacant Chairperson. Mike McCutcheon made a motion to nominate Lisa Gill as Chairperson, seconded by Ed Zastawny. Motion passed on a vote of 7-0. Duard Avery made a motion to nominate Mike McCutcheon as Vice Chairperson, seconded by Ed Zastawny. Motion passed on a vote of 7-0. • New Business 1) PC-16-59 The next item to come before the Commission is an application filed by Brandon _,. Denton requesting a rezoning for multiple properties along New Chapel Road and Page 1 of 11 Jeffersonville Plan Commission Meeting—November 1, 2016 Utica Sellersburg Road. The properties are currently R (Low Density Residential). R3 (Old City Residential) and IS (Institutional). The proposed zoning is C2 (Medium to Large Scale General Commercial). )• Lisa Gill stated to the Commission should disregard page 3 in their packet, those two parcels will not be consider in tonight's rezoning. Scott Hannah appeared before the Commission and stated the following: • This tract is near Highway 62 and is 7.82 acres; • It is currently zoned residential and proposing to have it rezoned to commercial; • Will be coming back with a development plan probably in January; • The other parcel is located to the rear of that property near the Utica Sellersburg overpass; and • It is 17.926 acres and requesting this parcel to be rezoned and to come back later with a development plan. Doug Broady, 3210 Utica Sellersburg Road appeared before the Commission and stated the following: • I have no problem with the one parcel I understand they are going to put an assisted living facility at this location; • The other parcel I really don't live close to that; and • But the future development across the street from me from the look at their plans they are eventually wanting to put a hotel there and I just don't think that is appropriate for the residential area. Lisa Gill asked about the deed restriction. Brandon Denton stated the following: • Agreed to put only assisted living on the 17.926 acres; • This will be a deed restriction that only assisted living facility can be placed on this parcel; and • Had two neighborhood meetings regarding this project. Shawn Dade stated that he received two letters in opposition to this application. Ed Zastawny asked that if the property is zoned C2 with the deed restriction but never is developed what would happen. Les Merkley stated that it would remain C2 with that deed restriction. Page 2 of 11 Jeffersonville Plan Commission Meeting—November 1, 2016 Rita Fleming asked if there was some sort of a swamp deal as with wetlands when built upon do we have the same when it comes to a heavily tree area. Maintaining our tree scape is very important. Nathan Pruitt stated the unfortunately we don't currently have any tree protection in our ordinances that would prevent a developer to clear certain size tree or a certain percentage of trees. Duard Avery stated that assisted living need will be off the chart in the near future and that this is a risky investment with low impact. This is a great use and will increase density. Scott Hawkins stated that he is the representative on City Council for this area and this created more questions and buzz than anything else I had since I have been on the Council, after the neighborhood meetings it quite down. Therefore, upon a motion made by Scott Hawkins and seconded by Mike McCutcheon to send a favorable recommendation to City Council to rezone the parcel from R3 (Old City Residential)to C2 (Medium to Large Scale General Commercial). Motion passed on a vote of 6-1 with Rita Fleming voting against the recommendation. Therefore, upon a motion made by Mike McCutcheon and seconded by Ed Zastawny to send a favorable recommendation to City Council to rezone the parcel from R1 (Low Density Residential) to C2 (Medium to Large Scale General Commercial) with the deed restriction to allow assistant living campus only. Motion passed on a vote of 7-0. 2) PC-16-62 The next item to come before the Commission is an application filed by Jason Copperwaite requesting a development plan approval with waivers for property located at the northwest corner of 10th Street and Eastbrook Boulevard. The proposed development is a 5,035 square foot gas station and convenience store. The development also requires Board of Zoning Appeals approval of multiple variances. Jason Copperwaite appeared before the Commission and stated the following: • Representing Mac's Convenient Store, LLC or better known as Circle K; • The is the undeveloped six acre site at the corner of Eastbrook Boulevard and E. 10th Street; • Proposing a new convenient store with gas pumps with a access on Eastbrook Boulevard; • There will be a new access onto 10th Street directly across from Vissing Park Road; • Both of these access have traffic signals; • The ordinance requires 21 parking spaces and we are providing 22; i Page 3 of 11 Jeffersonville Plan Commission Meeting—November 1, 2016 • There are three variance request before the BZA, one is for a gable roof, parking distribution around the structure and entrance widths; • The gas canopy will be in front of the building; • The property is zoned C2 and it abuts a M2 use the buffering landscaping is provided; • All the tree counts meet the standards of the ordinance the one waiver that we are requesting is that the ordinance calls for one parking lot island for every 30 parking spaces which will be provided but instead of showing one deciduous tree in that area we are prosing two ornamental trees; • The lighting meet the standards; • The sign package calls for one 4 X 8 monument sign and one 4 X 10 wall sign which meets the standards; • There will be a masonry dumpster enclosure; • LED sign will be gas prices only; and • The building is masonry and stone which is an upgraded look. Scott Hawkins asked to refresh his memory on the distance between gas stations. Nathan Pruitt stated the following: • City Council and I worked on a update to our gas stations standards; • One of the main things was restricting the number of gas stations per intersections; • It allow two maximum per intersection; and • This is the only one at this intersection. Scott Hawkins stated that he don't want this to be a string of gas stations down I 01 Street, thinking about the ordinance. Les Merkley stated the following: • I recommended a slight change to that ordinance to ensure that your concerned is address in the future; and • The ordinance mentioned clusters and it states a mile between clusters but the ordinance does not define the meaning of a cluster. Cheryl Bush, 3008 Eastbrook Boulevard appeared before the Commission and stated the following: • There is already a gas station within two blocks; • We are having so many issues with traffic coming through our subdivision off of Holmans Lane; • If a gas station is allowed to go there that will increase the traffic; and • I am opposed to this development. Page 4 of 11 Jeffersonville Plan Commission Meeting—November 1, 2016 i Shawn Dade stated that he received one letter in opposition to this application. i Jason Copperwaite stated the following: • This is a commercial area; • Tried to set up the entrance to make it as safe as possible; and • The traffic light will help with the traffic. Therefore, upon a motion made by Mike McCutcheon and seconded by Duard Avery to approve the development plan with the two flowering ornamental trees and contingent upon Board of Zoning approval. Motion passed on a vote 5-0. 3) PC-16-63 The next item to come before the Commission is an application filed by WOII Development, LLC requesting approval of a final plat for the Whispering Oaks Phase 2 Section 7 Subdivision. The property would be divided into 27 lots and .31 miles of new public streets. Jason Copperwaite appeared before the Commission and stated the following: • This is Whispering Oaks Section 7 with 27 lots; and • This is the last section that would be grandfathered in. Nathan Pruitt stated that this was previous approved in Clark County in 2002. Scott Hawkins asked if the lot size is in keeping with the lots that are already platted. Jason Copperwaite stated that it is and this is the same company that build houses in Section 5 and developed Section 6. Therefore, Scott Hawkins made a motion seconded by Rita Fleming to approve the final plat as presented. Motion passed on a vote of 7-0. 4) PC-16-64 The next item to come before the Commission is an application filed by Angela Ray requesting rezoning for property located at 812 Penn Street. The current zoning is R3 (Old City Residential) and the proposed zoning is IS (Institutional). The applicant is seeking a special exception use for the property from the Board of Zoning Appeals, for a social service program. The closest matching use will be a child care institution, specifically a day reporting center for at risk youth. Angela Ray, social worker appeared before the Commission and stated the following: • She is currently the director of Family Time that has been in operation for fifteen years; Page 5 of 11 Jeffersonville Plan Commission Meeting—November 1, 2016 • We provide services for families that are involved in child protective services, home visiting and supervised visits to currently over 400 families in five counties; • Two years ago we was asked to assist with an initiative called Juvenile Detention Alternative Initiative commonly referred to as JDAI; • We agreed to open up what is called a Day Reporting Program which is a program were youth who are involved with Department of Child Services or through the court system, so these are kids who are abuse or neglected or court involved for some other reason; • They need a place to go for a certain number of hours a day, a standard of 4 hours; • We have had this going for two years, we need a different location than to have this in our regular offices; • We purchase this house at the Sheriff's Sale; • The building was a mess and we are working to clean it and fix it up; • This property needs to be changed to IS for this type of use; • The program is court involved kids the ages 10 from 17; • The most kids that would be there is 8 and the least would be 1; • The kids will be fully supervised; • We work with them on the six domains of positive youth development basically it is to help them do better in school, get back in school, help them to # learn to be part of the community; and • The main task is activities of daily living, we have them during the supper : hours so they need to cook and learn how to follow a budget and clean. Olivia Hilton, 2741 Charlestown Road New Albany appeared before the Commission and stated the following: • This is an amazing and successful program; • I was a participant in this program and one of the many successes with this program; and • It would be completely devastating if we would have to move because of the amount of money we have already spent in purchasing and cleaning the property. Duard Avery stated the following: • He is familiar with this property and it is adjacent to huge parking lot; and • The program is very successful with a number of activities and gives a very positive impact to this area. Charles Branham, 811 Penn Street appeared before the Commission and stated the following: • This has been a residential area for at least sixty years; Page 6 of 11 Jeffersonville Plan Commission Meeting—November 1, 2016 • There is no parking, you can only park on one side of the street with house on both sides of the street; ! • The parking lot belongs to the church who has services on Wednesday; • This area should stay residential; • Kids can go in there anytime they want to; and • The parking lot belongs to the church and no one can use it,which means that parking is the main problem. Angela Ray stated the following: • Had a school bus parked in the church parking lot for a short time, they were volunteers to help clean up the property; • The church did allow us to place a dumpster on their property for a short time; • We do have a circle drive that will hold two vehicles but there is usually only one vehicle there; • The kids are drop off or we will pick them up; • This will be four hours a day Monday thru Friday and the kids do not have keys to the home; and • The parents pick the kids up or we will take them home around 7:30 p.m. Therefore, upon a motion made by Rita Fleming and seconded by Kathy Bupp to send a favorable recommendation to City Council to rezone property located at 812 Penn Street from R3 (Old City Residential) to IS (Institutional). Motion passed on a vote of 7-0. 5) PC-16-65 The next item to come before the Commission is an application filed by Cory J Richie requesting a rezoning for property located at 4315 Utica Sellersburg Road. The current zoning is R2 (Medium Density Residential) and the proposed zoning is C 1 (Small to Medium Scale General Commercial). The applicant is seeking to use the property for personal storage and at some point in the future, use it for a commercial auto body or auto repair business. Cory Richie appeared before the Commission and stated the following: • Would like to build a building for more than 1,000 square foot; • The proposed building will be 2,400 square foot; • As of right now I would like to store my camper and vehicles in the building; and • In the future would like to have a mechanic garage. Shawn Dade stated that he received a phone call in opposition from a resident at 4613 Charlestown Pike to this re-zoning. Page 7ofII Jeffersonville Plan Commission Meeting—November 1, 2016 Therefore, upon a motion made by Scott Hawkins and seconded by Rita Fleming to send a favorable recommendation to City Council to rezone property located at 4315 Utica Sellersburg Road from R2 (Medium Density Residential) to C 1 (Small to Medium General Commercial). Motion passed on a vote of 7—0. 6) PC-16-66 The next item to come before the Commission is an application filed by Toby's Lawn & Landscape requesting waivers for property located at 1622 Fabricon Boulevard. The waiver is being requested for the required setbacks for the I2 zoning district for a proposed accessory structure located behind the primary structure on the property. The required side setback for the I2 district is 30 feet, and the applicant is proposing a 15 foot side setback for the accessory structure. Kevin Toby appeared before the Commission and stated the following: • Proposing an accessory structure for salt storage; and • Requesting above the maximum square footage that is permitted. Nathan Pruitt stated that they are also requesting a waiver from side setback from 30' to 15'. Therefore, upon a motion made by Rita Fleming and seconded by Ed Zastawny to approve the setback waiver contingent upon the Board of Zoning Approval. Motion passed by a vote of 7-0. 7) ZO-16-04 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 amend process in Article 12 to add Section 12.5 requiring an Application for Certificate of Zoning Compliance (CZC) for all new businesses/uses in the City; Required $50 fee; and permit is doubled to $100 if business opens without an approved CZC. Nathan Pruitt stated the following: • This has come before you before and we have taken it to council and they have made some changes; • They felt as though the fine was too hefty at $250 so we have reduced that down to $100; • The council that it was fitting to double the payment should you start a business without first obtaining the Certificate of Zoning Compliance; • That is the change and why it is back before you today. Page 8 of 11 Jeffersonville Plan Commission Meeting—November 1, 2016 Chris Fox, 5604 Gum Tree Crossing appeared before the Commission and stated the following: • New business owners that come to this area do not know what they need to start a business; • I'm not against fines, as a real estate broker we have to register vacant buildings and pay the fee for that; • This just seems like this is a way to keep businesses away; and • I think there needs to be more education and a way to get this message out to them. Nathan Pruitt stated the following: • We do have a City of Jeff web page that we will post this on as part of the process; • We also have a development summary check list when new construction comes in; • We will also partner with local media to new story once this is approved; and • The City Clerk, Building Commission and Planning & Zoning receive calls weekly asking questions on what needs to be done to start a business in Jeffersonville. Scott Hawkins stated that he brought that point up with the Council and now the fee will not go to $250 and sometime those fees may not even be sought after. Therefore, upon a motion made by Ed Zastawny and seconded by Scott Hawkins to send a favorable recommendation to City Council to adopt ZO-16-04 with the noted changes. Motion passed by a vote of 7-0. 8) ZO-16-05 The next item to come before the Commission is amendment to the Jeffersonville Zoning Ordinance (2000-OR-61) for recommendation to City Council. The proposed amendment would add a new overlay titled Downtown Residential Overlay District to Article 5 and amend Article 9. Nathan Pruitt stated the following: • Attached is a 10 page report that outlines what the Planning Department is projecting is the future employment and what will happen with housing in the next five years in Jeffersonville; • We will be receiving 4,700 demand in new housing; • 65% of that will remain single-family detached residential; • Hopefully we will have some multi-family near River Ridge and hopefully increase our density downtown; • We need to plan for responsible growth that meets our demand; Page 9 of 11 Jeffersonville Plan Commission Meeting—November 1, 2016 ( • Before you tonight is an ordinance amendment to the zoning code; • It modifies Article 5 and Article 9; • At the last Plan Commission meeting I presented a power point presentation and it talked about downtown residential and where we would like to go to meet our housing demand; • If we build under our current building patterns we will be at full built out in the next five years; • We will have no room for any community services that we might need; • Our housing needs are slightly changing; • We are 71% single-family residential throughout the City; • We would like to open up some strategic well-placed development and the proposed ordinance update will allow this to happen and direct developers to increase our downtown residential density around our premier urban park and marina; • Benefit of this is that we can provide services to people but the best services to the most number of people; and • Local spending power, when you have residents living in downtown they will spend their money locally. Rita Fleming stated that the minimum floor requirement will be 500 square feet per unit, this is going with the trend. I would like citizens to receive credit for not having a vehicle. Nathan Pruitt stated that people are trading space and stuff for location. Duard Avery stated the following: • This is very impressive and I have had feedback from a number of people who has experienced in other cities and they said Jeffersonville is cutting edge on what is being done; and • Smaller units with greater diversification of housing types and density is very significant. Nathan Pruitt stated the following: • When I talk about meeting our housing demand I am being very generous on what I think we are going to capture, we are not going to capture 100%of our job growth; • We have a high rate of commuters in and out of this county, about 20% live and work within Jeffersonville; and • We want to house those who do want to live here. Duard Avery stated that managed density is very significant for quality of life for a lot of people and we are seeing that to begin to develop in Jeffersonville. The Downtown Overlay District will we see increase density that will share all the amenities that downtown has to offer. Page 10 of 11 Jeffersonville Plan Commission Meeting—November 1, 2016 Nathan Pruitt stated the following: • We are amending Article 5 which is the designated of what overlay districts that we have; • It basically states that we are adding a new overlay district; • Article 9 is basically what controls does the overlay ordinance allows us to provide; and • Set forth the process of approvals and guidelines. Pat Barrow, 1800 Dutch Lane appeared before the Commission and stated the following: • As a realtor one of the things that we are experiencing for example in Crystal Springs we have eight open houses on one Sunday and then 4 Sunday's later I had 14 open houses so we are really looking at a lot of growth in the outer area; • 1 hope when we are considering downtown that we are not wanting everybody down there, we do have growth in other areas; and • My concerned about Colston Park is to be sure that we don't wrap the park in just apartments and give consideration is single-family homes. Ed Zastawny stated that it is to our advantage to have high density but also not to have residential to the point where we receive less tax dollars and have to expand more resources. There is a balance that needs to be considered. Therefore, upon a motion made by Rita Fleming and seconded by Kathy Bupp to send a favorable recommendation to City Council to adopt ZO-16-05. Motion passed by a vote of 7-0. • Reports from Officers Committees and Staff None. • Adjournment There being no further business to come before the Plan Commission the meeting was adjourned at 7:24 p.m. Lisa 6ill, Chairperson Submitte L' a ills, Secretar Page 11 of 11 Jeffersonville Plan Commission Meeting—November 1, 2016