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HomeMy WebLinkAboutAUGUST 29, 2017 MINUTES OF THE JEFFERSONVILLE PLAN COMMISSION August 29, 2017 • Call to Order A meeting of the Jeffersonville Plan Commission was held on August 29, 2017 at 6:04 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, Lisa Gill, Dustin White, and Mike McCutcheon. Those members not present: Ed Zastawny. 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 July 25, 2017 meeting were tabled by a motion made by Lisa Gill and seconded by Mike McCutcheon. Motion passed on a vote of 6-0. • Approval of Docket Dustin White stated that under Old Business he would like to add consideration for Findings of Fact for PC-17-23. Lisa Gill made a motion to approve the Docket as modified, seconded by Kathy Bupp. Motion passed on a vote of 5-0 with Duard Avery to abstain. • Old Business 1) PC-17-23 Findings of Fact The next item to come before the Commission is Findings of Fact in support of denial of application for preliminary plat approval. Lisa Gill made a motion to accept into the record the Findings of Fact for PC-17-23 as presented, seconded by Mike McCutcheon. Motion passed on a vote of 5-1 with Dustin White voting against the motion. Page 1 of 17 Jeffersonville Plan Commission Meeting—August 29, 2017 • New Business i 2) PC-17-52 i The next item to come before the Commission is an application filed by Jeff Corbett requesting approval of a preliminary plat for property at 4075 Herb Lewis Road. The proposed plat would create 512 lots and the subdivision would be named Ellingsworth Commons. Other features of the proposed subdivision are multi-trails, green space, playgrounds, and dedication of a new park of approximately 29 acres; the preliminary plat will be part of a planned development. A mixture of housing materials will be allowed, from brick and stone to composite fiber cement board. A more complete set of standards will be written in the PUD booklet, and will include a landscape guide for the public areas. Bill Fischer appeared before the Commission and stated the following: • We will be creating a community; • We are very proud of the fact that this development plan is being presented to you by an owner who grew up in Southern Indiana and has his business is Southern Indiana; • A planner and land surveyor that went to Jeff High School and is also part of I the community; • This plan has come together and evolved into one of the nicest plans that I have ever presented; • We find that plans that are accepted by the community and are need in the community are most successful; • Our intent is to improve upon the community of Jeffersonville with the creation of single family residential homes and recreational park space; • This development plan is to improve the land usage for the benefit of Jeffersonville and Clark County; • This project will improve the quality of life for area residents by increasing the tax base and providing economic growth through the encouragement of new businesses, amenities, and associated jobs; • Ellingsworth Commons sits just south of 265, east of 10th Street and north of Middle Road; • It is 168 acres, 100 acres is the estate of Tom and Janet Ellingsworth, right above that are 60 acres that are owned by Derrick and Patricia Vogt and then above that 8 acres owned by Joseph Brown; • We have already purchased the 8 acre tract; • David Blankenbeker, a local surveyor and land planner worked to develop Ellingsworth Commons by employing some of the concepts put forth by Randall Arendt's "Rural by Design"; • Randall Arendt is a nationally recognized landscape planner, site designer, author lecturer, and an advocate of conservation planning; • This is what this project is about; Page 2 of 17 Jeffersonville Plan Commission Meeting—August 29, 2017 • We worked with him on a project in Floyd County and was impressed with his concepts and that is when we looked for other properties that could be developed; • All of this is conservation planning; • The objective of the plan is to develop a community of single family homes, including a diverse range of sizes, styles and values; • Provide recreational activities and greenspace to include a walking and biking trail,dog park,lakes,a Frisbee golf course,and expansion of and connect ability of Vissing Park; • Employing the concepts of Randall Arendt utilizing natural resources and topography; • There is shortage of houses in Jeffersonville and this begins to address the potential need for housing as illustrated in the 2016 report by the Jeffersonville Department of Planning & Zoning; • They are predicting by 2022 a potential of 47,000 new homes will be needed in the Jeffersonville area; • Our plans incorporates 512 units which will be a step forward; • Will have two main entrances and three side entrances; • One off of Middle Road and Tenth Street; • The three side entrances are off of Herb Lewis Road, Pebble Creek Drive and Stonelilly Drive; • There will be trails that come out of Vissing Park into this development; • A new traffic light is being installed at the intersection of Sellers Court and 10th Street; • Herb Lewis Road will be redirected to this intersection and will be rebuilt all the way back to Ellingsworth Commons; and • Pedestrian walkways will also be built to provide access to the stores and shops to be built in the Jeffersonville Commons property on the north side of 10th Street and to the new Baptist Hospital development which is proposed to be built on the south side of 10th Street. David Blankenbeker appeared before the Commission and stated the following: • Main entrance off of 10th Street with some pocket parks and a lake; • The lake will be dual purpose for drainage and recreation; • There will be a trail that connects to Vissing Park; • There will also be a multi-use trail; • Phase one will be center around the lake and entrance to 10th Street; • The entrance off of Middle Road,we have worked with the land owner to move the entrance further away from the railroad tracks and Port Road; • There will be three lakes; • We have a park setting right off the entrance; • We want to have minimum driveways onto the boulevard; and • Most of the homes on the boulevard will access their garages from the rear. Page 3 of 17 Jeffersonville Plan Commission Meeting—August 29, 2017 Matt Gallo appeared before the Commission and stated the following: • The greenspace from the boulevard, then stops and becomes a greenspace on the side of the road; • I think that this is important to talk about, the green space on either side of the road will act as a recreational piece; • Will be a source of recreation for people to park and do a three mile loop that will be walking and biking trails and an extension of Vissing Park; and • This will be the backbone of this community, everything within a five to eight minute walk can access this greenway. David Blankenbeker stated the following: • There are three pocket parks in this section; • The lake and both greenspaces on the side of the lake is what connects into Vissing Park; • There will also be a clubhouse and pool and this would be for the residence only; • All of the other stuff that we talked about is for the general public; • Area two will be an estate section and the largest lot is three quarters of an acre; • We have a pocket park in the center and an additional park space on the edge which connects to one of the green pathways; • There are places along the boulevard that has dedicated parking for the public; j • There are varying lot styles, we have five different styles; and • We have boulevard lots, cottage lots, traditional lots, park estate lots and park view lots. Matt Gallo stated the following: • You can really see how wide that greenspace is along the boulevard; and • This will be a community space. David Blankenbeker stated the following: • In area three we have a large park area with two lakes shown; and • There are two silos that we are considering to preserve them. Matt Gallo stated the following: • The greenspace layout is orientated to that large park on the north; • There are no ballparks are buildings there, it's more for passive recreation; and • Every one of the greenspaces are connected by the trail or the large park to the north. David Blankenbeker stated the following: Page 4 of 17 Jeffersonville Plan Commission Meeting—August 29, 2017 • The park itself is proposed to be dedicated to the City; • The lakes will be built by the developer at the developer expanse; • The developer will buy the land to give to the City; • If the City desire to take the land and make a Frisbee golf course or a dog park or whatever, that will be up to the City; and • In the event if the City decides that its best that this not be a City park, then the developer is open to making it a park maintained by the HOA. Matt Gallo stated the following: • These are all the things that are noted in this area, the boulevard, the new park, Frisbee golf course,dog park,there all things that you typically see in the master plan; • We are trying to incorporate and fully expand on what is actually going on in Vissing Park; • The boulevard design will be an alley in the back, then you will start having these wonderful looking cottages; • One side of the road you will have the actual greenspace; and • There will be 50' of greenspace. David Blankenbeker stated that the alley will be 14' wide and they will be one way and signed. I Matt Gallo stated the following: • We don't see this as a cut through to get to Middle Road; • There will be the traffic calming by the winding of the road and the pavement types making sure that it is a community feel and that you feel safe when you are walking; • The park place itself is the extension of Vissing Park, it will bring that community feel; • With Vissing Park and the added trails in this subdivision there will be over three miles of biking and walking trails all connected into this park; • The new park to the north will have a lot of passive space; and • There will be over 2,000 trees planted throughout the development. David Blankenbeker stated the following: • There are over 45 acres of green space out of 169 acres; • That is about 26%; • Our overall density is 3.0; • Most subdivision are three lots to an acre; and • We are able to do that by clustering, different lot sizes and then using that extra space to combine that into the parks and open space areas. Page 5 of 17 Jeffersonville Plan Commission Meeting—August 29, 2017 Bill Fischer stated the following: • The most popular style of home that we build is the craftsman style home; • The traditional craftsman is a very narrow house and would fit on any of lots on the boulevard; • This is a 2 story 4 bedroom 2 & '/i bath home with a 2 car garage in the rear of the home with access from the alley; • This can be built on a basement with daylight windows and is between 1,600 and 2,000 square feet; • The craftsman cottage is a 1 & %2 story cottage home and features 4 bedrooms with a first floor master bedroom suite; • 2 car garage in the rear of the home with access from alley; • Can be built on a basement between 1,450 to 1,800 square feet; • The craftsman ranch is the model home and has a basement with 4 bedrooms 3 full bath home with a first floor master suite; • It has a 2 car garage with a front entrance; • Maximizes the usage of the rear yard and works well on a walk out lot; • This home is 1,500 to 1,750 square feet; • The estate ranch is a 1 '/2 story home and features 4 bedrooms and 3 baths with high ceilings, a large first floor master suite and walkout basement; • 2 car garage on the side of the home and this is 3,000 plus square feet; • This is another example of a craftsman cottage a 1 story home that features 3 bedrooms and 2 baths with a first floor master bedroom suite; • 2 car garage in the rear of the home with access from the alley; • This home is between 1,200 and 1,400 square feet; • Another example of a craftsman ranch is 4 bedrooms 3 baths, spacious living room, kitchen with pantry and raised breakfast bar; • Master suite, finished basement with family room with sliding doors leading to the back yard and this is 2,459 square feet; • When we talk about conservation neighborhoods,this is not a new concept, it's a very proven concept; • We will have a diverse housing plans and pricing; • We will have houses that run from 180,000 up to 400,000; • This will be in a natural park setting with 26% in greenspace, trails, parks and lakes; • The community will attract new businesses,jobs and amenities; • This increased the tax base; • We will be building a community for opportunity and growth; • The increase in area residents will attract new businesses and amenities to the community and surrounding area; • Create new jobs and greater opportunity to live and work within Jeffersonville and Clark County; • A much broader tax base; and • Begins to meet the projected need for housing. Page 6 of 17 Jeffersonville Plan Commission Meeting—August 29, 2017 David Blankenbeker stated the following: • The dark green areas is what being proposed as additional park lands to dedicate ! to the City of Jeffersonville; • The lighter green areas,which are the pocket parks and trails will be maintained by the HOA; and • The HOA dues will be about $400 a year. Duard Avery stated the following: • I know that the area where Port Road and Middle Road cross is an industrial area and there was some concerned about this area where some people did not want industrial on this side and looks like you solved that problem; • Is this project going to have five different entrances for access and emergency access; • You could park at Vissing Park and walk this entire area; • You have a mixture of housing and used a pattern that is very good for traffic control, which makes it safer the cars slow down and you are getting the walkability; and • Using the greenspace as a buffer from Port Road and the industrial area as well. David Blankenbeker stated the following: • The main entrance will be on I 01 Street and that will be put in first; • The secondary entrance will go out to Middle Road; • We have connected to the two stub roads in Pebblecreek and provided a stub road to some vacant property for some future connection; and • We have had a neighborhood meeting a couple of weeks ago and that is probably why we don't have a huge crowd here tonight. Rita Fleming stated that she never heard the work sidewalks in this development. David Blankenbeker stated that there will be sidewalks on both sides of the street and the multi-use trail will be sidewalk along the boulevard and the trail will be 8 to 10 feet wide. Rita Fleming stated the HOA maintained the trails, parks and control the algae in the lakes for $200,000 a year. David Blankenbeker stated that the dark green is being proposed as City parks, the lakes will built by the developer and then turned over to the City for maintenance. The lighter green area will be maintained by the HOA along with the clubhouse and pool. Les Merkley stated the following: Page 7 of 17 Jeffersonville Plan Commission Meeting—August 29, 2017 • The talk about the City park and you are also considering the rezone for the PUD; • The developer stated that it is their preference is for the City to take them up on the offer and to take over those as City parks; • But if the City should decide that they do not want to do that then they will then maintain it; • The City Council,the administration and the Parks Authority will have to make that decision on rather or not they are going to accepts those parks into the City; • I don't believe that it effects anything that is before you tonight; and • The preliminary plat does state that it's a City park but we still have a final plat that would need to be approved so if for some reason the administration, the council and the Parks Authority says that they don't want these parks then the final plat would reflect that these are not a City park. Lisa Gill asked what will the street lighting be like and is there going to be any lighting in the pocket parks. David Blankenbeker stated the following: • That is one topic that we have not have discussions about; • We will meet or exceed the ordinance. Nathan Pruitt stated the following: • Submitted staff comments to the PUD booklet which is a zoning code for this development; • The planned development is a rezone recommendation to City Council and it forms its own planning document that stated what can and what cannot happen in that area and we don't use the traditional zoning book; and • Everything on the staff comments sheet are things that we feel like that are unresolved. David Blankenbeker stated that those final comments they received today and they looked them over and don't have a problem with any of them. Dustin White asked if the pool will be a private pool. David Blankenbeker stated that it would be for the residents. Brian Jackson appeared before the Commission and stated the following: • I'm a business owner in Jeffersonville and lived in Jeffersonville for most of my 43 years; • From what I'm hearing about this project it's the one development that I seen that actually looks like a community; Page 8 of 17 Jeffersonville Plan Commission Meeting—August 29, 2017 • In the last 8 or ten years my wife and I try to stay in shape by running and we don't have a lot of safe places to do those activities; • As businesses come into this area and we are needed more places for people to live and this is the type of development that would be attractive to large corporation to move their companies here; • People can grow into these homes, instead of moving somewhere else they can stay in Jeffersonville; and • The proximately to Louisville, the proximately to the new bridge, I personally think it would be a great development. Kathy Rupp asked if there is any consideration for the schools with this large development. Nathan Pruitt stated that the developer has already met with the school corporation. Bill Fischer stated that he spoke with Dr. Melin about the development and he is confident that they can handle it with a little bit of re-districting. Nathan Pruitt stated the following: • This is an existing development for our area; • Passed out a drawing of sidewalk A and sidewalk B which shows a discrepancy of what a better built subdivision would look like; C • In sidewalk A you have front loading garages, sidewalk B would be their boulevard cottage style where you don't have the front entry garages; • It completely changes the character of the streetscape and is in line with many subdivision that we talked about being built around public amenities; • Sidewalk and trails in developments are attracting more people; • They have eight neighborhood connections into the parks and trail system within this development; • You can find the green connection between homes and this concept has been proven in many states but we haven't seen it much here; • But this concept is something that is desired; • The trail to Vissing Park is a gas easement and it really great to get a new connection there by utilizing basically a wasted space; • This diversify the housing stock, which we need; • We do have a list of comments; and • This PUD book that you are recommending to go to council is the legal language that we would carry forward if the council was to approve it. L� Page 9 of 17 Jeffersonville Plan Commission Meeting—August 29, 2017 Therefore, upon a motion made by Lisa Gill and seconded by Kathy Bupp to I approve the preliminary plat as presented. Motion passed on a vote of 6-0. I 3) PC-17-53 The next item to come before the Commission is an application filed by Jeff Corbett requesting rezoning for approximately 169 acres of property located at 4075 Herb Lewis Road at the former Ellingsworth Dairy Farm. The current zoning is R1 (Low Density Residential) and the proposed zoning is R1-PD (Planned Development). Nathan Pruitt stated the following: • The first item is entrances/drives, we have discussion with the developer on the Middle Road connection; • We are looking at a 75' right-of-way, there was a questions as to whether subdivision monuments would be sought for that entrance and would they be able to be placed in that right-of-way; • We don't want to maintain that as the City, it should be the homeowners association responsibility; and • They are not putting in a median and putting in a turning lane so that helps elevate some of the traffic but we need language in the documents that actually displays that it's not the responsibility of the City to maintain those but the HOA. David Blankenbeker stated that would be fine, the HOA will maintained the subdivision monuments. Nathan Pruitt stated the following: • The next item is the pedestrian crossing and trail (gas easement) crossing at Park Land Trail, what will these look like; and • We want to make sure that it is safe from an engineering and planning stand point and we didn't have anything that described that in the development. David Blankenbeker stated if you are talking about the trail continue across the road in a fashion that it's a different material, maybe stamped concrete on either side of the asphalt. Nathan Pruitt stated the following: • Maybe some markings in the middle that have a pedestrian symbol; and • In Section 1 C it stated that in the event there is a conflict when lot setback standards in the plat or the PUD book that the plat would overrule the PUD book but then it goes on to say that development standards shall be thereby amended by the approval of a final plat by the City of Jeffersonville. Page 10 of 17 Jeffersonville Plan Commission Meeting—August 29, 2017 David Blankenbeker stated that what they were trying to say was in the event there is a lot at 182' deep and we put the lot maximum at 180' deep then the plat would control if there are two things in conflict. Ron Culler appeared before the Commission and stated that is only for those lots that may be some conflict. Nathan Pruitt stated that in Section 2.3 if does not mentioned public access as it does in Section 2.2. Ron Culler stated that they will correct that. Nathan Pruitt stated that in Section 2.5, there will be future decisions made City wide on whether or not this will be incorporated as a City park but I'm wondering if we could get a commitment on if any of the trees are to die within a two year window that there is a warranty on those. We don't want to have to re-place 2,000 trees if they die as soon as they are planted. Ron Culler stated that he attempted to address this were we stated that any dying or dead tree will be replaced within 6 months but we will warrant those for a period of two years. Nathan Pruitt stated number six, remove and placed in restrictive covenants regarding trash receptacles. Ron Culler stated that this would be removed. Nathan Pruitt stated Section 3.2 (G) remove this provision regarding accessory structure on the side yard. David Blankenbeker stated that the intent was for a small deck on the side of the property for the cottage homes. Nathan Pruitt stated that if the deck is attached to the home, then it is part of the primary structure. David Blankenbeker stated that these zoning restrictions that we are talking about but we also have an addition to these, we have an architectural control committee and the restrictions, which would be restrictive than the ones the City if enforcing. Nathan Pruitt stated that is fine he is just verifying that your subdivision would be ok with a swimming pool or hot tub on the side yard. David Blankenbeker stated yes. Nathan Pruitt stated alright, so that will stay. On Section 3.2 (J) carports, are these Page 11 of 17 Jeffersonville Plan Commission Meeting—August 29, 2017 accessory structures ones that you would buy at an agricultural store. Ron Culler stated that part of the concept was trying to deal with someone having a I recreational vehicle and it being on a lot where it could be parked beside the house but they would have to match the house. Nathan Pruitt stated ok that will be regulated through your architectural control. Ron Culler stated that this is correct. Nathan Pruitt stated that in 3.2 (M) we have made a note early on in staff comments that the square feet being to large but then we made some calculations and we are ok with it if you keep the 1,000 square feet if it's a garage but if it's a shed limited to 500 square feet. Ron Culler stated that they agree. Nathan Pruitt stated 3.2 (0) as applicable. Ron Culler stated the following: • What we was trying to do when we was talking about building materials for accessory structure; • We wanted those accessory structures above ground to match the basic building materials of the primary structure; and • However, if it's a pool how do we state that, so that's where we plugged in as applicable. Nathan Pruitt stated the following: • That the reason he was pointing this out is because someone will come to our office and says that they would like to build a shed and I'm going to do it in x material; • The City will asked what does your house look like and when it stated as applicable that's a grey area and I'm not sure how we enforce that; • You have an architectural control committee and your own covenants that we do not participate in; and • I just wanted to say that O is a little unclear. David Blankenbeker stated the following: • That would only last during the course of the build; • Someone could come along in fifteen years and ask about a shed; a • We agree with you and we will re-word that. Nathan Pruitt stated that 3.3 (E) you state in C that no wood fencing is allowed but Page 12 of 17 Jeffersonville Plan Commission Meeting—August 29, 2017 you mentioned in E no privacy fence should be allowed except in these cases, so are you saying that they can only be vinyl. IRon Culler stated that they are saying that they cannot be wood, whether it be vinyl or some other durable product. Nathan Pruitt stated that 3.7 Lighting we have already gone through and think what is going have to happen is that the City Engineer is going have to approve a plan, and you aware that the cost of lighting is on the developer and not the City. Ron Culler stated that the lighting and the trees along the boulevard will meet the City standards. Nathan Pruitt stated that on the signage, the one thing that I would like to see here is dimensional standards. Ron Culler stated the material will be brick and stone, 8 X 12 and would like to have one at each entrance. Nathan Pruitt stated the following: • That he will give them a little lead why and state not to exceed 10' in height i and not a limit on the width; and • Section 3.11 this has to do with house numbers and I think this needs to be taken out and put in restrictive covenants. Ron Culler stated that he understands but Mr. Corbett wanted something in there and was wondering if we could leave it in there for the initial construction. Nathan Pruitt stated the following: • We can leave it in it's just duplicative; and • The last section deals with landscaping and that's Section 3.12 (A)we feel that the clubhouse landscaping is very light and need more trees. Ron Culler stated the following: • We have a landscape planner that is working with us but we haven't developed an overall plan for any of the greenspaces; • Depending on whether if the City would be willing to take it as a park; and • On the clubhouse lot there will be more than six trees. Matt Gallo stated the following: • It was hard to differential between the pocket size parks and clubhouses; Page 13 of 17 Jeffersonville Plan Commission Meeting—August 29, 2017 • We don't want to state a certain amount especially if you have a very small pocket park and maybe only two trees can actually fit on it vs a large pocket park may have 30 trees; and • We kept it open so that a professional designer would be in the planning process of the greenspaces. Nathan Pruitt stated the following: • That comment that you just made points out number 17 that basically says that there is a 0.82 acre park with very light landscaping; • If it's a small park its make sense but with almost an acre that doesn't make sense; and • We just want to have that conversation that states there is more room to plant in those spaces. Ron Culler stated if you would want us to we can say and park in access of/z acre would have a minimum of x number of trees. Nathan Pruitt stated that Callery Pear and Bradford are two different species. Ron Culler stated that would be fixed. Nathan Pruitt stated that the one big thing is street trees I don't have a minimum spacing difference and I would like to have that. Matt Gallo stated the following: • We are looking at 5' spacing along all normal street trees; • The boulevard would be 40' spacing and there are regulations about how far away from the driveway; and • The 40' will be alternating on either side on the park trail side. Therefore, upon a motion made by Lisa Gill and seconded by Kathy Bupp to send a favorable recommendation to City Council to rezone approximately 169 acres of property located at 4075 Herb Lewis Road, at the former Ellingsworth Dairy Farm from R1 (Low Density Residential)to R1-PD (Planned Development) with the modification discussed. Motion passed on a vote of 6-0. 4) PC-17-54 The next item to come before the Commission is an application filed by Kevin Rogers requesting approval of a preliminary plat for property in the 3100 block of Utica Pike and is located in the Wellhead Protection Overlay District. The property would create five (5) lots and the subdivision would be named River Commons. The applicant is Page 14 of 17 Jeffersonville Plan Commission Meeting—August 29, 2017 requesting a waiver from the setbacks to establish a 20 foot front yard setback along Utica Pike, which is classified as a minor arterial road. David Blankenbeker appeared before the Commission and stated the following: • He would like to divide his property into five lots; • Several months ago I was in with Jim Johns and we platted a subdivision River Commons right across the street and that is the street that leads into this; • So directly across from that you see that lot A and we are proposing that this lot be dedicated to the City of Jeffersonville; • So if they choose River View Drive could curve a little sooner and line up with Rockingham Way; • One of the member who is absent tonight ask me to line up the streets; • We have five lots that are 80 x 175 except for lot 5 which irregularly shaped; • The Ohio River is a short distance away and there is some flood plain at the end of the property and what we are thinking of is putting the detention basin; • We have a 20' access and we are going to put their drives in from the rear and not have drives onto Utica Pike; • It has been pointed out to me and Larry Wallace has called that fill has been placed on this property; • Any construction that happens on those lots that proper engineering methods be used for the foundation; and • I talked to Larry about it and he stated that the Building Department will make sure that everyone had certified engineered foundation plans. Lisa Gill asked if he would like to address the waiver that he is requesting, the required 30 feet along arterial road. David Blankenbeker stated so with the slope and floodplain we are asking to move the front setback up a little to 20' so that we have more room to build on the flatter area near the top. Lisa Gill stated that there are the wellheads from Indiana America Waters and do you agree to the management controls that the outline in their letter. David Blankenbeker stated that they have e-mailed Donna Ennis at Indiana America Waters and she put in touch with the right person and they issued a letter with certain restrictions and we all absolutely going to follow those. Rita Fleming stated the following: • She is going to abstain for obvious reasons but wanted to share that 25 years ago we consulted the Core of Engineers regarding our property just south of Lot A; • They told us that within our lifetime we would lose that entire bank if we did not start filling it in; Page 15 of 17 Jeffersonville Plan Commission Meeting—August 29, 2017 i • We was allowed to use rock, wood and soil; and • We didn't compact it and we never intended to build on it because we wanted to leave it open but they told us that a great deal of compacting would be needed if it was ever to be used for building with very deep footers. David Blankenbeker stated the following: • That is right and I don't know what is buried there; • If it is wood, anything that would decompose would be a huge red flag; • If it is soil but it's not been compacted is almost as bad; and • That's why an engineer would have to be involved. Nathan Pruitt asked if sidewalks will be proposed. David Blankenbeker stated that they are being proposed. Nathan Pruitt stated that it may be more appropriate to file the sidewalk in lieu fee so that we can better utilized those funds. David Blankenbeker stated the following: • That they are open to do that; • That they did not prohibit the homeowners from having a driveway off of Utica Pike but gave them another option with the garage being at the rear of the property; and • What is would suggest is that we share so that we only have two new driveways and then we can put a requirement in that Lot 5 owner must access off of Riverview Drive. Nathan Pruitt stated that he would be more comfortable with that commitment. Therefore, upon a motion made by Lisa Gill and seconded by Mike McCutcheon to approve the preliminary plat with the waiver and his voluntary commitment regarding the driveways. Motion passed on a vote of 5-0 with Rita Fleming abstaining from the vote. 5) ZO-17-07 The next item to come before the Commission is proposed changes to the Jeffersonville Zoning Ordinance. The Planning & Zoning Department has recommended the following amendment to the City of Jeffersonville Zoning Ordinance. The update includes: 1. To amend the Permitted/Special Exception Uses for the DC (Downtown Commercial Zoning District in Article 4 r Page 16 of 17 Jeffersonville Plan Commission Meeting—August 29, 2017 Nathan Pruitt stated the following: • This was part of dual code amendment previously presented to you; • Nothing has changed it is the exact same piece; • It's no longer including any gas station material; • We are taking a different path with gas stations; and • This only includes updates to the permitted and special exception uses for Downtown Commercial. Therefore, upon a motion made by Lisa Gill and seconded by Mike McCutcheon to send a favorable recommendation to City Council for the proposed amendment to the permitted/special exception uses for DC (Downtown Commercial) Zoning District in Article 4. Motion passed on a vote of 6-0. • Reports from Officers, Committees and Staff None. • Adjournment There being no further business to come before the Plan Commission the meeting was adjourned at 7:54 p.m. Dustin White, Chairperson Submitte y 41h�a Mills, S retary Page 17 of 17 Jeffersonville Plan Commission Meeting—August 29, 2017