HomeMy WebLinkAboutFebruary 28, 2017 MINUTES OF THE JEFFERSONVILLE PLAN COMMISSION
February 28, 2017
• Call to Order
A meeting of the Jeffersonville Plan Commission was held on February 28, 2017 at
6:01 p.m. in the Council Chambers, First Floor, Jeffersonville City Hall, 500
Quartermaster Court, Jeffersonville, Indiana. Chairperson Dustin White called the
meeting to order.
• Roll Call
The roll was called and those members present were: Duard Avery, Kathy Bupp, Rita
Fleming, Dustin White, Ed Zastawny and Mike McCutcheon. Those members not
present: Lisa Gill. 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 January 31, 2017 meeting were approved as written on a motion
made by Mike McCutcheon and seconded by Kathy Bupp. Motion passed on a vote
of 6-0.
• New Business
1) PC-17-05
The next item to come before the Commission is an application filed by Old Chicago
Restaurant requesting development plan approval for property located at 1451
Veterans Parkway. The proposed development is a 5,186 square foot restaurant. The
property is located within the Commercial Corridor Overlay District. The
development requires Board of Zoning Appeals approval of variances.
This application was requested to be tabled.
Therefore, upon a motion made by Ed Zastawny and seconded by Duard Avery to
table this application. Motion passed on a vote of 6-0.
2) PC-17-09
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Jeffersonville Plan Commission Meeting—February 28, 2017
The next item to come before the Commission is an application filed by MHG& O,
LLC requesting development plan approval for property located at 1620 Allison Lane.
The proposed development is a 3,000 square foot gas station with convenience store.
The property will require special exception approval and the approval of variances
from the Board of Zoning Appeals. This property is located within the flood plain and
the Oak Park Conservancy District.
Camille Hesen appeared before the Commission and stated the following:
• My client is proposing a 3,000 square foot building with 4 gas pumps;
• Will be closing two existing curb cuts; and
• With these improvements we greatly believe that this will enhance the
function of this site.
Ed Zastawny stated that this application has been before us before and has the
ownership of land been addressed.
Les Merkley stated that the Commission can vote of the development plan because
approving the plan has nothing to do with the land dispute
Rob Meyer, representing Water Energizers Inc. appeared before the Commission and
stated the following:
• Object to this application;
• Nothing has changed since last month and it would adversely affect his client
property which is adjacent to 1620 Allison Lane;
• Has submitted a written objection regarding this application;
• Part of the development is located on property owned by Water Energizers,
Inc.;
• They are also provided an exit from the gas station directly onto Water
Energizers Inc.'s Middle Road property; and
• Have filed complaint with Circuit Court seeking judgement quieting title to the
disputed area.
Camille Hesen stated the following:
• Have been working with staff on improving the site; and
• Was proposing an access between the two properties.
Les Merkley stated that he understands the reason for the dispute but again this a
private dispute between two property owners. If the Commission should approve the
development plan the applicant is on notice that they move forward at their own peril
Camille Hesen stated that if they had to close off the access between the two
properties they could.
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Jeffersonville Plan Commission Meeting—February 28, 2017
Therefore, upon a motion made by Ed Zastawny and seconded by Kathy Bupp to
approve the development plan. Motion passed on a vote of 5-1 with Rita Fleming
voting against the motion.
3) PC-17-03
The next item to come before the Commission is an application filed by Brandon
Denton is requesting approval of a preliminary plat for property located off of
Highway 62, New Chapel Road and Utica Sellersburg Road. This plat creates 11 lots
in Bridgepointe Commons Commercial Development.
David Blankenbeker appeared before the Commission and stated the following:
• The City is going to construct a road named Gottbrath Parkway;
• There are three lots on the plat;
• The reason there is three large lots is that we work with staff to get this project
started so that the City could move forward with the new road;
• The three large lots are property that they own but will be further sub-divided;
• This is a commercial development and we are not 100% sure what each user is
going to need; and
• Requesting the preliminary plat approval, we have filed to come back at the
March meeting for the final plat.
Therefore, upon a motion made by Rita Fleming and seconded by Kathy Bupp to
approve the Preliminary Plat as presented. Motion passed on a vote 6-0.
4) PC-17-12
The next item to come before the Commission is an application filed by Nicklies
Development requesting rezoning for approximately 1.1 acres of a property located at
3511 E. 10th Street. The current zoning is M2 (Medium Density Multifamily
Residential) and the proposed zoning is C2 (Medium to Large Scale General
Commercial). The property has been subdivided into two tracts through the minor
platting process. The property is located within the Commercial Corridor Overlay
District and would become part of the Jeffersonville Commons PUD.
Jim Calvery appeared before the Commission and stated the following:
• We have worked with staff on this development for several years;
• This is a small piece that we worked with the City on to accommodate a
traffic light; and
• The property is 1.1 acres.
Nathan Pruitt stated that they have coordinate light with proposing development
across the highway.
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Jeffersonville Plan Commission Meeting—February 28, 2017
Richard Hissett appeared before the Commission and stated the following:
• There is a housing area on the backside of that property;
• This is where we raise our kids;
• When I first purchase the property in '97 I checked the zoning on this parcel
and it was multi-family so I thought it would be apartments there;
• Believe there should be a massive setback if commercial.
Nathan Pruitt stated that there are buffer yards and landscaping requirements.
Jim Calvery stated that this parcel does not abut residential property, there is a 300 to
500 feet from residential neighborhood.
Therefore, Mike McCutcheon made a motion seconded by Ed Zastawny to send a
favorable recommendation to City Council to rezone approximately 1.1 acres of
property located at 3511 E. 10th Street from M2 (Medium Density Multifamily
Residential)to C2 (Medium to Large Scale General Commercial). Motion passed on
a vote of 6-0.
5) PC-17-13
The next item to come before the Commission is an application filed by Nicklies
Development requesting rezoning for approximately 1.1 acres of a property located at
3511 E. 10th Street. The current zoning is C2 (Medium to Large Scale General
Commercial) and the proposed zoning is C2-PD (Medium to Large Scale General
Commercial/Planned Development). The property has been subdivided into two
tracts through the minor platting process. The property is located within the
Commercial Corridor Overlay District, and would become part of the Jeffersonville
Commons PUD.
Jim Calvery appeared before the Commission and stated the following:
• This is the same property requesting that it be included in the planned unit
development.
Therefore, upon a motion made by Mike McCutcheon and seconded by Rita Fleming
to send a favorable recommendation to City Council to rezone approximately 1.1 acres
of property located at 3511 E. 10th Street from C2 (Medium to Large Scale General
Commercial)to C2-PD (Medium to Large Scale General Commercial/Planned
Development). Motion passed on a vote of 6-0.
6) PC-17-14
The next item to come before the Commission is an application filed by Robert
Bobrow requesting rezoning for approximately six (6) acres of property located at
3511 E. 10th Street. The current zoning is M2 (Medium Density Multifamily
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Jeffersonville Plan Commission Meeting—February 28, 2017
Residential) and the proposed zoning is C2 (Medium to Large Scale General
Commercial). The property has been subdivided into two tracts through the minor
platting process. The property is located within the Commercial Corridor Overlay
District.
Jennifer Caummisar-Kern appeared before the Commission and stated the following:
• We are the owner of the parent track that just came before you;
• We are the last piece that is not zoned C2 along E. 10th Street;
• We would connect with the Jefferson Commons plan and we would have
access to a signal onto 10th Street;
• We would be require to follow whatever buffers on in the code;
• The total tract is 6 acres;
• This would be smaller lot and would not be a huge box development;
• With each development plan that would come in they would be subject to a
landscaping plan; and
• We would stipulate that they would not ask for variances on the rear setback
or buffer.
Richard Hissett, 3130 Childers Drive appeared before the Commission and stated the
following:
• There has always been commercial on 10th Street but it has been buffer by
multifamily;
• I understand the need for the commercial property but I don't understand the
need for the commercial property to abut all the way up to a residential area;
and
• There is no reason to bring it that far back.
Jennifer Wyatt, 3206 Gardner Boulevard appeared before the Commission and stated
the following:
• Echo's want Mr. Hissett just said;
• Lived at this address for 10 years;
• Concerned about big stores in the backyard; and
• Concerned about what type of commercial, would it be a liquor store.
Stewart Scovil appeared before the Commission and stated the following:
• This property is owned by three brothers who inherited from the Dunlevy's;
• They are not taken this lightly;
• The commercial would be typical retail uses but nothing plan as of yet; and
• Will keep as much of the existing trees as possible.
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Jeffersonville Plan Commission Meeting—February 28, 2017
Therefore, upon a motion made by Ed Zastawny and seconded by Mike McCutcheon
to send a favorable recommendation to City Council to rezone approximately six acres
of property located at 3511 E 10th Street from M2 (Medium Density Multifamily
Residential) to C2 (Medium to Large Scale General Commercial) with the following
condition:
• No variances will be requested for the 50' buffer setback on the property
adjacent to the residential neighborhood.
Motion passed on a vote of 6-0.
7) PC-17-15
The next item to come before the Commission is an application filed by Jake
Commercial Properties, LLC requesting rezoning for approximately 6.5 acres of
property located at 100 Technology Way. The current zoning is II (Business
Park/Light Industrial) and the proposed zoning is C2 (Medium to Large Scale General
Commercial). The property is located within the Commercial Corridor Overlay
District.
The applicant has requested that this application be tabled.
Therefore, upon a motion made by Ed Zastawny and seconded by Mike McCutcheon
to table this application. Motion passed on a vote of 6-0.
8) PC-17-17
The next item to come before the Commission is an application filed by Aldi, Inc.
requesting development plan approval for property located at 3131 E. 10th Street. The
proposed development is a 3,593 square foot addition to an existing 14,860 square
foot structure. The property is located within the Commercial Corridor Overlay
District. The development plan also relocates the entrance to increase pedestrian
safety entering and exiting the business. The existing landscaping is remaining with
the exception of two (2)trees where the proposed location of the relocated entrance
will be. These will be replaced with the addition of five (5) new trees.
John Campbell appeared before the Commission and stated the following:
• Proposing to improve the existing Aldi store by a small expansion;
• This expansion will allow them to provide more product indoors;
• In order to accomplished this we did have to make some minor modifications
by moving the existing entrance;
• This will also give us additional parking and will add sidewalks to the site;
• Will enhance the landscaping by adding five (5) additional trees, shrubs and
plantings in the parking area;
• The fagade that is proposed would add contrasting features;
• The will be an improvement on the existing store;
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Jeffersonville Plan Commission Meeting—February 28, 2017
• Adding a canopy and signage that fully complies the signage regulations;
• The sign detail and the lighting plan show compliance;
• The screening on the backside will remain;
• No changes to detention pond; and
• No left turn, only right in and right out.
Therefore, upon a motion made by Mike McCutcheon and seconded by Kathy Bupp to
approve the development plan as presented. Motion passed by a vote of 6-0.
9) PC-17-18
The next item to come before the Commission is an application filed by SGL
Properties, LLC requesting rezoning for property located at 4604 Charlestown Pike.
The property in question is approximately 25 acres and a portion of it lies within the
Commercial Corridor Overlay District. The current zoning of the property is AI
(Agricultural) and the proposed zoning is I2 (Industrial Park/Heavy Industrial).
John Kraft, Attorney representing SGL Properties appeared before the Commission
and stated the following:
• Requesting to rezone 25 acre tract purchased last year at public auction;
• This parcel was originally part of the King Farm;
• Karen Wilson who is the adjacent owner conveyed the property to Greater
4
Clark County School Corporation;
• Karen Wilson is still the adjacent property owner;
• There is a natural buffer that runs along the property line;
• Mr. Libs has spoken directly to Ms. Wilson adviser her of what he planned on
doing with the land and she did not object to it;
• The approval on this rezoning is based on how this relates to the
Comprehensive Plan, current conditions, character of structures, uses in each
district;
• The property is currently Al and has been farmed for some time;
• Asphalt plant is not what will happen at this location;
• This is a land use request;
• Mr. Libs currently has an asphalt plant in the quarry;
• The reason we are requesting a zoning change to I2 and will go before the
Board of Zoning Appeals for a Special Exception to allow storage of millings
on the property;
• There will be no building constructed;
• The only improvements on the property will be a black top driveway back to
the property where the millings are to be stored;
• The desire in the Al is to keep it from being encroach upon by single-family
residential uses and to protect the AI use;
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Jeffersonville Plan Commission Meeting—February 28, 2017
• I2 is necessary to request the special exception and this is a land use request
but if there was anything done on the property it would require a development
plan approval; and
• There is a consistent traveling of big trucks on this road.
David Blankenbeker appeared before the Commission and stated the following:
• There will be a driveway that will be constructed to run back to the area where
the pile of millings will be located;
• There is an existing fence and tree line and that will remain;
• A locked gate will be installed;
• The rest of the property will remain as is; and
• Millings can be recycled on other projects.
John Kraft stated the following:
• The millings will be stored outside and you won't be able to see if from
Charlestown Pike;
• The National Asphalt Association reports stated that recycling from reclaim
asphalt pavement has no emission, it is clean fill; and
• This will give them the ability to continue to be recycled.
Mark Vetter, 6411 Shungate Road appeared before the Commission and stated the
following:
• The only question I have is that the notice that I received said something about
vehicle storage and that has not been addressed.
Nathan Pruitt stated that will come before the Board of Zoning Appeals.
Eric Goodman, 5529 Raintree Ridge appeared before the Commission and stated the
following:
• 1 would like to comment that I think the world of Mr. Libs, I know that all his
properties are in good condition and he keeps good care of them, this is not
personal;
• There are five points in the ordinance that should be addressed;
• First: The request is not consistent with the City's Comprehensive Plan, the
current Comprehensive Plan calls for this land to remain agricultural;
• The zoning ordinance states that this ordinance is intended to guide growth and
development of the City in accordance with the goals, objectives, and
strategies stated within the Jeffersonville Comprehensive Plan and for the
following purposes: That residential areas provide healthful surroundings for
family life;
• Giving the current application I have to ask if this is healthful;
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Jeffersonville Plan Commission Meeting—February 28, 2017
• Seconded: That the community strive for a highest aesthetic value and quality
( planning and design;
• It has already been noted that the aesthetics are a concerned I drive by this site
every day and I can tell you that you can see clear to the back of the property;
• As a landscape architect I can see how you could buffer that, but if the fist
questions that we have is how we are going to hide something, the seconded
questions would have to be why are we trying to hide it;
• Third: The current conditions and character of the structures and uses in each
zoning district;
• These are requirements that the zoning ordinance is asking the applicant to
address;
• The I2 district intent and permitted uses and special exceptions uses says that
vacant land should not be zoned 12;
• The Plan Commission should be very careful when allowing this district.
Environmental,public safety, public welfare, and protection should be the
highest priority when considering a proposed rezoning;
• I think that there is inconclusive evidence on whether or not asphalt is
hazardous;
• How many pieces of property in the City of Jeffersonville is zoned I2;
• The buffer yard should be strictly upheld and outdoor storage is discouraged;
• Fourth: The most desirable use for which the land in each district is adopted;
• The Planning Director has spoken about a housing shortage, the report stated
that a housing shortage in Jeffersonville but adjustments to the Comprehensive
Plan and remedy this;
• I can speak in behalf of the Raintree Ridge Neighborhood and 39 other
individuals who have sign the petition, would not like multifamily but would
consider single-family residential;
• Looking at the land use map it seems to make sense that all these properties are
zoned agricultural and it appears that the residential uses are appearing south;
• Mr. Kraft stated that there should be transition between uses and that they are
going to use Carol Sue's property to be that buffer but we already have that
today;
• At what point will we draw the line and so no more industrial uses beyond this
point;
• The proposed use would adversely affect the property values when asphalt
spoils being dumped on the site adjacent to agricultural properties and/or
residential land;
• If storage is proposed and this is outdoor storage of spoils where will this run
off take it and once it leads out where does it go;
• It goes towards Raintree Ridge, to the south there is residential uses, I don't
think it's appropriate to discharge the runoff from this material into the stream
shed;
• I don't think it is responsible planning for us to increase heavy haul loads on
Charlestown Pike when we just spent many millions of dollars on the heavy
haul loads in River Ridge;
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Jeffersonville Plan Commission Meeting—February 28, 2017
• Fifth: Responsible growth and development, responsible growth is to follow
the Comprehensive Plan and planned for the future uses;
• I2 is a more intensive use than I1 therefore the zoning intensity would be
increased;
• This is a transitional area and we are going the wrong way;
• If I2 is allowed we would have to ask what the properties values will be when
it's unusable ground with piles of debris to be dealt with for the next user;
• Our concerned is not that Mr. Libs wants to use this a storage place today but
it's what happens twenty years from now when the next guy comes in and said
I will buy this land and use it as a concrete plant or something else;
• They would be allowed to do that unless there was some stipulations to
prohibited other uses;
• The Mayor stated in an e-mail to Mike Adams that he is in agreement with the
opposition;
• Jason Wiesenauer from 5008 Charlestown Pike did not receive notification of
meeting;
• At a minimum I would request that we table this application so that proper
notification can be given per the zoning ordinance;
• Why was a neighborhood meeting never held;
• It was stated earlier that Ms. Carol Sue was in favor of this application,
number one signature on the petition is Carol Sue;
• Ms. Carol Sue contacted me and asked me to get involved so I'm representing
her this evening and she is in opposition to this application; and
• Stop industrial uses on Charlestown Pike.
Karen Foster, 5821 Charlestown Pike appeared before the Commission and stated the
following:
• Owned 185 acres within 3 quarters of a mile;
• As a realtor I have been in contact with very serious developers from
Louisville to be able to put homes on these properties as well as our local
developers;
• When I was showing clients around that area one of the things that was said
is why is there a fence around the property at Utica Sellersburg Road,this
property use to be junk yard;
• There will be concerns regarding this property should it get approved;
• I own a commercial building at the corner of Utica Sellersburg Road and
Charlestown Pike we have tenants there that does hot dog sales, Mr. Hot Dog
and the other person in there does embroideries;
• They have concerns with the heavy trucks on Charlestown Pike;
• As a landowner, my husband and I have chosen not to sell the farm, we want
to remain a cattle farm; and
• We have grave concerns and this will hurt other developments in this area.
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Jeffersonville Plan Commission Meeting—February 28, 2017
Sharon Kleinert, 5318 King Road appeared before the Commission and stated the
following:
• There is a golf course, city park and Raintree Ridge we have to think about the
future;
• Most farmers have no intention to developed their land;
• I know things will change and in about 10 years I will have to consider moving
off my 373 acres;
• That 373 acres is my yard and my residence;
• With the development that is going on with the east end bridge there is
definitely going to be a need for housing;
• Charlestown Pike as the farmers decide to retire that will be an ideal location;
• There is a three way stop at the end of King Road that we requested to be put
in when all the developments came because no one pays attention to the 30
miles an hour speed limit;
• There are slow moving trucks pulling in and out; and
• I could see my farm being turned into a park in the future it is surrounded by a
creek.
John Buckwalter, 4747 King Road appeared before the Commission and stated the
following:
• 1 really don't believe this is a spot zoning there is commercial across from it;
and
• But I do believe this is going the wrong way.
Paula Corbett, 4809 King Road appeared before the Commission and stated the
following:
• My late husband and I built the house in 1974 and I don't want to live near
asphalt;
• I don't understand the logic of taking a beautiful piece of land when there is
enough land up the road on Utica Sellersburg Road;
• Why not use that its already a junky mess; and
• Please don't make this parcel into a mess.
Joseph Hoskins, 5626 Buckthome Drive appeared before the Commission and stated
the following:
• The traffic is a nightmare, I work for the City of Clarksville and I write
numerous tickets; and
• Paving company will be an eyesore.
Julie Parsons, 5824 Charlestown Pike appeared before the Commission and stated the
following:
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Jeffersonville Plan Commission Meeting—February 28, 2017
• Major concern is environmental.
John Kraft stated the following:
• The City sends out the notices;
• Mr. Lib is a good neighbor and would like to request to table this application
and talked with the neighbors to come back.
Therefore, upon a motion made by Ed Zastawny and seconded by Mike McCutcheon
to send a unfavorable recommendation to City Council to rezone property located at
4604 Charlestown Pike from Al (Agricultural) to I2 (Industrial Park/Heavy
Industrial). Motion passed by a vote of 6-0.
10)PC-17-19
The next item to come before the Commission is an application filed by Kiesler
Properties, LLC requesting development plan approval for property located at 2802
Sable Mill Road. The proposed development is a 27,600 square foot addition to an
existing 26,400 square foot structure.
Jason Copperwaite appeared before the Commission and stated the following:
• This property is located in the Sellersburg Industrial Park;
• Proposing to expand the existing building with a 44' addition to the rear and
100 x 180 addition on the front;
• Also proposing an additional parking area to the rear of the building;
• Additional entrance and truck circulation for a loading dock;
• This is also on the Board of Zoning Appeals agenda;
• The ordinance requires a 30' side yard and a buffer yard requirement of
additional 35' setback;
• A corner of the building is 58' from the property line and the additional to the
rear is 47 '/2' from property line;
• Landscaping is in compliance with regulations;
• The new addition will match the fagade of the existing building;
• This is ammunition, and sales but not retail sales; and
• This addition will not be a firing range.
Dave Thomas, 6118 Carr Circle appeared before the Commission and stated the
following:
• Are they taken all of Carr Circle.
Dustin White stated that they are not taken any of Carr Circle,they are staying on their
own property.
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Jeffersonville Plan Commission Meeting—February 28, 2017
Therefore, upon a motion made by Kathy Bupp and seconded by Duard Avery to
approve the development plan with requested waiver. Motion passed on a vote of 6-0.
11)PC-17-20
The next item to come before the Commission is an application filed by Red Dot
Storage requesting to vacate a 12 foot drainage and utility easement located between
two abutting properties at 5600 Lucas Avenue. According to the applicant, the
easement is not presently utilized by any public utility company, nor is it presently
needed to facilitate drainage.
Jason Copperwaite appeared before the Commission and stated the following:
• Stacy Springs Subdivision there was a commercial storage facility proposed;
• Last year the storage facility was expanded;
• When the first section was approved there was a two lot minor plated for the
commercial lot;
• When that was platted there was a 12' drainage and utility easement along that
edge;
• When Section 2 came in there was a one lot plat; and
• The proposing is to vacate that easement.
Therefore, upon a motion made by Ed Zastawny and seconded by Mike McCutcheon
to approve vacation of the 12 foot drainage and utility easement located between two
abutting properties at 5600 Lucas Avenue. Motion passed on a vote of 6-0.
• Reports from Officers Committees and Staff
Nathan Pruitt stated that at the March Meeting he will have the annual report for
2016.
• Adjournment
There being no further business to come before the Plan Commission the meeting was
adjourned at 8:05 p.m.
�, —
Oustin White, Chairperson
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mitte
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Jeffersonville Plan Commission Meeting–February 28, 2017