HomeMy WebLinkAboutJULY 31,2018 MINUTES
OF THE
JEFFERSONVILLE PLAN COMMISSION
July 31, 2018
Call to Order
Chairperson, Mike McCutcheon called the meeting of the Jeffersonville Plan Commission was call to
order at 6:04 pm in the City Council Chambers, First Floor, Jeffersonville City Hall, 500 Quartermaster Court,
Jeffersonville, Indiana.
Roll Call
Members present were: Duard Avery, Rita Fleming, Lisa Gill, Dustin White and Mike McCutcheon.
Those members not present: Kathy Bupp, and Ed Zastawny. Also present were Nathan Pruitt, Planning &
Zoning Director, Les Merkley, Planning &Zoning Attorney, and Ashley Woolsey, Planning &Zoning Coordinator.
(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
Motion made by Ms. Gill to approve the March 27, 2018 Minutes, seconded by Dr. Fleming and motion
passes 5-0.
Motion made by to approve the May 29, 2018 Minutes by Ms. Gill, seconded Dr. Fleming and motion
passes 5-0.
Approval of Docket
Ms. Gill made a motion to approve the docket with tabling three items; PC-18-43,
PC-18-45, PC-18-50, seconded by Dr. Fleming, motion passed on a vote of 5-0.
Approval of Findings of Fact
None
Old Business
PC-18-36
KDC Development LLC filed a rezoning application for multiple parcels encompassing approximately 46.8
acres of property located off East 10th Street. These properties will become part of the Jefferson Ridge Planned
Development. The current zoning is C2 medium to large scale general commercial, and the proposed zoning is
C2-PD commercial planned development.
Note—Mr. Zastawny is now present.
Kelly Jones with Sabak, Wilson and Lingo - 608 South Third Louisville representing KDC Development.
This site is located on 10th Street about 1/4 mile south of the roundabouts, called Jefferson Ridge, in the
commercial overlay district and it is in the regional marketplace center planning district. There are three
boulevard entrances to 10th Street with no other access to 10th Street with the exception of maybe a one small
spot that currently does not have access easement. These locations of roads were coordinated with property
owners across the street and the City when we were doing the 10th Street construction work. There has been a
detention basin built at the rear of the property, designed to handle run off from a fully developed sight
Page 1 of 11
Jeffersonville Plan Commission Meeting—July 31, 2018
including the Baptist piece of property that is not part of this PD. We have begun construction on out lot one
that was approved, anchored by McAlister with several other tenants not officially signed. The vision for this
plan is to be a vibrant destination for the growing population of Jeffersonville to work, shop, eat and potentially
live. The development will be clustered rather than linear so the infrastructure can be shared. The design of
buildings and signage within this center will be current and complimentary but not identical. End uses will be
flexible and based on market demands; the site will draw people not only from the surrounding community, but
also those traveling on 1-265 and 10th Street. This is basically broken into three planning areas; first planning is
the area between 10th Street and the access easement. This will be reserved primarily for retail. Planning area
two—will be for larger development; sharing infrastructure, roadway and connected with sidewalks for walking.
The third planning area is reserved for detention, drainage and is the area of the steam relocation with an Army
Corps permit and other regulations we have to meet, Federal regulations currently being monitored for a period
of years per the agreement with the Army Corps permit. We have a monitoring „pngultant, No development
will taking place other than some utility work and maybe in the future some trails. The designed to be flexible
and if you look at the currently zoning regulations they are very specific and not any district where you can have
residential and commercial, so we have is permitting uses that are currently allowed M3, NC and OC and Cl and
C2 districts with a few exceptions—adult entertainment is prohibited. Uses that are not listed but are similar in
nature to permitted uses can be approved by staff on a case by case basis.
Development standards — current zoning code cap structure height is 25' — this is low for a modern
commercial property, structures within planning area one can be 35'. Structures in planning zone two can be
80'. The section also covers building design, parking area, pedestrian accessibility and lighting standards. We
looked at some PD in the area with Planning Staff and are revisions fall between what the coding allows today
and surrounding PDs allow. Three types of ground signs, signature entrance sign—one large and two small. Site
signage within the lot development — smaller sign for one and two tenant users and a larger sign for three or
more tenants; 6 x 10 and bottom 8 x 12 including columns. Changes also to the attached sign calculations —
planning area one — 100' façade building facing 10th Street would be allowed to have 125' sq ft signage; and 25'
in the back. Maximum signage cap 200 sq ft.
Landscape requirements are comparable to other PDs in the area with parking lot and buffer
requirements. Some discounts have been given for floor areas above the first floor because once you get to a
multi-story office building if you are trying to meet those floor areas on the site you run out of area to plant
those actual trees. But we have written in the ability to plant trees that will not fit on individual property until
the areas of the development site and planning area three are around common exterior or within drainage areas
so that we can still improve the tree canopy throughout the planned development area, as well as, the ability to
take advantage of the existing fee in lieu that is in the code now.
Lastly, how this plan aligns with the comprehensive plan. Jefferson Ridge will help City advance the
vision of the 2035 comprehensive plan by providing planned growth that results in distinct and deliberate
development improving connections for multiple modes of transportation and utilities adding jobs and
capitalizing on the improved access and economic potential of the East End Bridge. Housing — although it is
anticipated that Jefferson Ridge would be primarily commercial, we have written in the possibility to include
housing — if market demands. Economic development — it falls within the 10th Street —1-265 commercial
economic focus area and the comp plan — it is attractive to development due to the proximity to the
interchange, and will service local and regional shoppers.
Dr Fleming — overall is the parking requirement less than it would be if this was a traditional
commercial?
Ms. Jones - What we have written is the ability to do share parking — office uses and restaurant uses
work together. There is no specific delineation on how that will be reduced.
Dr Fleming—you mention residential, are you envisioning apartment complexes?
Ms. Jones—I think that it could be apartment complex. I think the people that would be most impacted
are the folks that are behind plan area 3 — they have a nice area of plantings. There has been some concern
Jeffersonville Plan Commission Meeting—July 31, 2018 Page 2 of 11
about the planting with tree removal; most of the tree removal that happened back there was permitted in
accordance with Federal permits; there was a small area the contractor mistakenly removed trees. As part of
our Federal permit, we have already planted 245—3 gallon trees and 125—3 gallon shrubs. With the accidental
clearing we had go back and get our permit amendment, we also planted 49 additional 5 gallon trees that are all
part of the monitoring area. The monitor have said they are growing and all seeds that has been planted are
growing, they are small but it will not take long for them to become something substantial and will provide a
screen to this area. We intend to put a buffer between single family and commercial along the rear leaving a
decent buffer from the adjacent single family.
Mr Zastawny— None of your land uses you have the M3 spot permitted in area 1 which is the closest to
10th—do you see that may be a possibility at some point?
Mr. Jones —any M3 uses listed there would be limited because of the size of the lot. I was envisioning
more of an entrance to the multi-family district as opposed to having a lot of multi-family in planning area 1.
Ms Gill—did we have any letters or e-mail on this rezone?
Public comment: Mike Moore—803 East Court Avenue. I had some concerning from the neighborhood
directly behind this. I had a neighborhood meeting that was very well attended. They were concerned because
of the trees that were taken down but they were also very excited about the growth coming around them. For a
long time we had residential places with no place to shop. This fixes a big problem, you have Ellingsworth
directly next to it. This is going to be a bicycle friendly area. There will be people all around to take care of all
their shopping, and restaurant needs by bicycle, by walking. I have reached out to Tarc to get Tarc to make
stops at this location and the across 10th Street. I meet with the developers on this and shared the concerns the
neighbors had and they were happy to help and increase the number of trees and shrubs. I know the work that
this group does it is top quality. You are going to be extremely impressed with the end product. I fully support
this. This is why we made an investment on 10th Street on the North End. We spent some dollars and we will
rewarded this was a great investment for us. I ask that you approved this plan.
Close public comment.
Board comments/concerns- Mr Zastawny—is drive thru restaurants in a C2 permitted in area 1, I hate to have a
lot of fast food in the front? What you have here is maximum flexibility — I understand you need a certain
extent.
Ms. Jones—A lot of these strip centers you see a Jimmy Johns or a Star Bucks on the edge and we need
to have drive-thru access for those type of users. As a designer and someone who is going to shop here I don't
want to see fast food all the way across the front, but I also see the need to maintain the ability for those end
cap users.
Mr. Zastawny—is there a way to limit that possibility?
Ms. Jones — I will caution that if we do put a restriction on that it does not prohibit uses for bank or
others that are not fast food.
Mr. Zastawny — if there is any kind of restrictions is there a way to get a variance that is outside the
original PD?
Mr. Pruitt—there is no current special exceptions destinations in your use table, correct?
Mr Merkley—yes
Ms Jones— if it is permitted in any of the zones that we listed then it is considered permitted unless it is
specifically listed in this table. Planning area 1 drive thru could be a special exception that would have to come
back to BZA.
Mr. Pruitt— I think on the opposite end you do not want to pick types of drive thru.
Mr. Zastawny—I agree
Mr. McCutcheon — does it gives us an opportunity to make them present something that is more eye
appealing?
Ms Jones — we have to present development plans to you and you will have the ability to make those
comments and those requests.
Jeffersonville Plan Commission Meeting—July 31, 2018 Page 3 of 11
Mr Zastawny—with a development plan you do not identify uses, you only identify entrance and other
planning details.
Mr. Zastawny—I'm fine with Director approval or special exception by BZA.
Mr. Avery — there is a lot of road frontage here that the City has invested a lot of money in a main
commercial corridor and you have six out lots that are exceptionally well landscaped very easily accessible with
roads matching up with traffic plus with the potential for a larger development in back follows the formula
exceptionally because you been at commercial, you have usage you have residential. Residential will have
greater access to the commercial usage and you have the potential residential usage depending if you want
density with three/four stories, seems like an exceptional site to add to that corridor.
Mr. McCutcheon— I think that it is important that the developer takes these concerns into consideration
to make sure that the developments are meeting and qualifying in some of these concerns that our goal is not to
line up 10th Street with more fast food after another.
Mr. White — I move that we make a favorable recommendation for PC-18-36, second by Ms Gill; after
discussion to change motion to include special exception Mr. White withdrew his motion and Ms Gill withdrew
her second.
Mr. Waggoner, KDC Developer—are drive thru allowed in the current zoning?
Mr Pruitt—under C2 we allow drive thru: bank, dry cleaning, and drive in.
Mr. Waggoner—is there a fast food going in across the street?
Mr Pruitt—nothing official yet
Mr Waggoner—when he comes in for his development plan to sell/lease property to a fast food with a
drive thru—what are his restrictions going to be?
Mr Pruitt—I would have to reference his PUD.
Mr Waggoner — it is permitted, we have seen his PUD. Understand that you a putting us at a
disadvantage and we have an investment in 60 acres, we think this is all positive as Mayor Moore pointed out.
We think it is all positive and to restricts us from putting in any kind of drive thru for anything is giving the guy
across the street a competitive advantage. Your suggestion, although it might be well meaning, is hurtful to our
development. It will put another layer of disincentive for a developer to come over here; which I know you do
not want.
Mr. Zastawny—the suggestion was not to say you can never do a restaurant, it would require going to
BZA. This will stop from every property along the front from becoming drive thru restaurant.
Mr. Waggoner—we have ten acres of out parcels across the front of our property we are using two plus
to build a nice retail building with no drive thru. We are working with a bank; they are going to need a drive
thru. Working with another retailer that is not a fast food restaurant but it does require a drive thru. This is
what the users want and need.
Mr. Avery — I agree with what you are saying. The extra levels of restrictions would be unfair. The six
out parcels, one is going to be a bank already, let's say 3-4 are fast food, this is the way commercial corridors are
designed for quick access, then slower out of car shopping and maybe residential at the end. It seems like if
they say you cannot have fast food there, I think that is not the way urban retail usage designed. From my
experience the way this is utilized is perfect and the way it is supposed to be done. You have commercial
corridor access, drive thru access, and there are only six units there, with three main entrances to allow the
inflow; I think that level of requirement might be excessive.
Mayor Moore — do not get in the habit of telling developers what to develop — they will go someplace
else, Please
Mr. White — I moved we approve docket with a favorable recommendation, seconded by Ms Gill; and
motion passes 5-1 (Mr Zastawny)
New Business
PC-18-41
Jeffersonville Plan Commission Meeting—July 31, 2018 Page 4 of 11
Jason Sams, ARC filed zoning application for 3808 and 3818 East 10th Street. The property is zoned C2,
which is commercial. The proposed development is a bank.
Jason Sams - ARC and First Savings Bank for a development and in Jefferson Ridge. This is an out lot in
which we are proposing a bank branch. We are asking for approval of development plan. Current zoning is C2
which the bank meet the requirements.
Board questions: Dr Fleming—are the round-a-bouts here to stay?
Mayor Moore—it was a State/Federal project. The City did not build the round-a-bout. That was part of
the Bridges Project but once you pass the railroad tracks just past Herb Lewis Road you are leaving the City. The
City suggested not doing it.
Mr Avery — I like this you are on the main road there, you have a distinctive building you are also on the
divided way entry way, you brought plans for a beautiful building.
Mr. Sams—we thought about how we could give First Savings a brand.
Mr McCutcheon—any letters, call of concern?
Public comment: none
Board comments: Mr Zastawny—the building looks great.
Ms Gill made the motion to approve the development plan contingent upon the approval of the
variances that are being requested from BZA, Mr. Zastawny seconded, and motion passes 6-0.
PC-18-42
Jeffersonville Town Center filed a preliminary plat application for properties located at 4001-4251 Town
Center Boulevard. The property is zone C2PD, which is a commercial planned development.
John Walling, Covered Development representing Jeffersonville Town Center LLC and Jake Commercial
Properties LLC. We are bringing back again for the second time Veterans Parkway Town Center Boulevard
development consisting of just under 100 acres. Back in 2005 this was platted by Vision Land Development out
of Cincinnati and that development did not work, we came back in the fall/early this year and erased that plat to
bring back the cardinal boundaries of the development and conformance with the PD that was approved some
months ago with a development for the first phase that is currently under construction. Our purpose is to set
the stage for further development and sectioning of the property to be able to accommodate the development
and growth that is taking place now. Hobby Lobby is 90% complete. Directly behind other leases are in final
stages with construction anticipated to start within several weeks. Our purpose tonight is to capture the
easements and the cardinal boundaries.
Mr. McCutcheon—any comments, phone or letters?
Ms. Woolsley—we did have a call to clarify what the application was regarding.
Public comment—none.
Board comments: Mr. White — before we approve the boundary lines of the planned development, are
subdivided?
Mr. Pruitt—they are shifting property lines, and making a new division. No new lots.
Mr. Walling — we are not creating any new lots. When we were here earlier and we vacated the prior
plat we collapsed a number of tax parcels into the tax parcels and that was done for a matter of convenience
and clean up. We are creating a platform to come back to staff or commission for minor or final plats that
create sections that are identified on the primarily plat. Some are based on leases; they could come in large or
smaller pieces. We have a minor plat or final plat it is a lease related issue where the tenant says we want part
of this development but we want to capture the area that we are responsible for purposes of taxing and we do
not want to pay pro-rata on all the property. There is no conveyance of land at this point, but there will be
down the road.
Mr. Avery made the motion to approve PC-18-42; seconded by Mr. Zastawny, and motion carries 6-0.
Mr. Zastawny — this is in my district, it is great to see the building come up. Can you announce who are the
other tenants coming?
Jeffersonville Plan Commission Meeting—July 31, 2018 Page 5 of 11
Mr. Wailing—I can tell you this—there will be some excitement.
PC-18-43 request to table
PC-18-44
The Iron Street Partners, LLC filed a development plan application on Gottbrath Parkway off of Highway
62. The property is zoned C2PD, which is commercial planned development. The proposed development is for a
movie theatre.
Scott Hannah, Heritage Engineering 603 North Shore Drive. Xscape Theatre - sits on about 7-8 acres in
Bridgepoint Commons. It is back behind the existing Gottbrath Parkway. A new road will be constructed this
fall/spring. Twelve theatre building. We will plant 213 trees and 25 additional grasses and shrubs along with a
fence, with a densely planted evergreen screen.
Ms. Gill—your requesting a waiver on your materials and color of facades, but there is nothing provide?
Mr. Hannah —when we wrote the PD we had a smaller footprint and different location. We did not take
in mind how they build theatres; these are till up concrete walls, quickly and sound proof. We added a flat brick
band along the side, painted very attractively earth tones. If you have been to an Xscape it is very similar to that
construction. The great thing is- it becomes a destination—a positive use for this area.
Mr McCutcheon—letters submitted to staff for review? No
Public comment: Mike Moore 803 East Court Avenue — in this evening's meeting alone I have seen
three projects that the Redevelopment Commission has done a lot of infrastructure improvements to the City,
Town Center Boulevard who just announced Hobby Lobby is near completion, there is more coming, that is a
road that the Redevelopment built, I think it cost $2 million it will pour into Ed's district. We have Gottbrath
Parkway — phase 2 is about to begin that is a $4 million road project that not only gives us a great new
commercial corridor that live there, it has made it so much easier to get to 265 or 62 with the entrance. This $4
million project that is going to probably exceed $100 million in private investment. This City has waited for a
long time to grow, we have seen developer/development go someplace else. As a City we had to get in the car
and drive someplace else. This is our quality of life, entertainment venue, and the potential out there is
enormous. Bring in a fantastic movie theatre, this is state of the art; it is going to exceed the standards on this
side of the river. This is going to be incredible investment for Jeff. This is the parcel of land where we
committed to Greater Clark Schools up to $470,000 per year from the TIF District that will be generating all new
revenue. Not only is Jeffersonville going to grow, all these infrastructure improvements we have taken on
improving the quality of life it is also a big investment in our school system. Please support this project.
Mark Rivers—4818 New Chapel Road. I have been waiting on Jeffersonville to progress 50 plus years. I
am all for this, but my biggest concern is maintaining that property. Demolition was done and now there are
trees that they removed, they are starting to grow back. There is parcel right next to my home that was left the
way it was when the crew left. I have mosquito infestation — I have talked to the Health Department, i have
talked to several in this building and no one has done anything yet. I am not sure this right form to present this,
but I needed to say my concerns. I appreciate your time.
Mr McCutcheon - we take the concerns that are brought to this commission and we will give him a
change to speak to your IVIIICrns. He has some representation and connection to the developer of the
property. Maybe he has some answers or at least can tell you that he can take information back. The Board
does take your concerns seriously and we have the capability to reach out to code enforcement. I k
have probably been in contact with them, and we have to keep working to get things corrected. now you
Mr. Hannah—we will work with him if there is a code issues, it is a work in progress. We are moving dirt
and there are some inconveniences. We understand and hope to get worked though and building as quickly as
we can.
Jeffersonville Plan Commission Meeting—July 31, 2018 Page 6 of 11
Mr McCutcheon —when we allow developments to come in close to residential it does affect our citizens
and we want to keep them happy. I would ask that you take his concerns under consideration and have
someone look at the site.
Mr. Hannah—absolutely. I appreciate Mayor Moore broader perspective.
Mr. Avery—you have analyzed where he is and if you can put a little extra effort into the greenery?
Mr. McCutcheon — I think in the future he will be very happy once the development gets in there and it
is tied up against the property lines. But I do not think citizens have to live with mosquitos because of
lack/neglect.
Mr. Avery—it does look like your footprint compared to the totality of the site is fairly small and that the
parking, greenery, access is an exceptional effort. I think I have seen buildings like a passive grandiose type
thing. With 12 theatres this is a destination; people are coming here to spend a lot of money with this and will
be spending money at other aspects of Jeffersonville.
Mr. McCutcheon — one thing I think needs to be given consideration is the back. I think if this is the
color scheme, this might be something to take into consideration or work with staff; something more
aesthetically pleasing in an eye view over the trees. I think that you have to seek out a color scheme that knocks
it down some for the people who live behind there.
Dr Fleming— I take your point Mayor and I am not opposed to development but the City spent a lot of
money and came up with a wonderful 10th Street plan. I see Main Source, Wes Banco and a lot of development
there and I am worried what is going to be left there. I see that becoming a Preston or Dixie Highway.
Mayor Moore —I am a former business owner on 10th Street, I share your same concerns. I know Mr
Pruitt and his office is working with developers. I believe the heart of 10th Street may eventually turn into
residential developments. We are doing a big project$20 million project with all that in mind.
Mr. Zastawny—will the open space have out lots at some point on the back side?
Mr. Hannah—that is detention, maybe a small lot
Mr. Zastawny—will there be access to Utica-Sellersburg Road?
Mr. Hannah - no
Ms. Gill — made a motion to pass the development plan and grant the waiver and work with staff with
material colors, seconded Dr Fleming; and motion passes 6-0.
PC-18-45 request to table
PC-18-46
Joe Wolfe with Koetter Construction file a development plan application for a property at 5101 Keystone
Boulevard the property is zoned 11, which is industrial. The proposed developments is a 14,530 sq ft building to
be used as industrial manufacturing and warehouse.
Jennifer Caumnisar-Kern, Accurus Engineering 2780 Jefferson Center Way, Suite 204 Jeffersonville,
representing Master Supply the owner and Koetter.
The site is located in an undeveloped lot in the Keystone Industrial Park. We are surrounded by
industrial uses, with a future addition of 12,150 square feet. We have access from the site from both Utica-
Sellersburg Road and Keystone Boulevard. We have a separation as most warehouse usually do of passenger
cars, employees and guest out front and the rear site will be gated with access for maneuvering heavy vehicles
and trucks. We requested two landscape waivers; both apply to the rear (west) and side (south). The waivers
are to eliminate the tree planting required by use and minimum perimeter planting for the setback tree buffer.
The remainder of the site would meet landscaping criteria. The rear of the site is an a existing rail line and
across the rail line is B&J Trucking which is zoned industrial.
Ms Gill —I understand the site limitations and requesting waivers for your landscaping and this would go
with our landscape fee-in-lieu application. I notice you didn't apply for one?
Ms Caumnisar-Kern— I submitted this morning.
Jeffersonville Plan Commission Meeting—July 31, 2018 Page 7 of 11
Mr. Zastawny—the variances for chain link with 3 strains of barbed wire, is that needed?
Joe Wolfe, Koetter Construction 7393 Pet Andres Road — this is a supplier for plumbers and there is
some yard stock that needs to be protected.
Mr. Zastawny—it is unusual, we try to make it aesthetically pleasing and galvanized fencing with barbed
wire on tnp is not I understand it is industrial use and ynuare trying to protect your property. I there any other
alternative toward a more aesthetically stand point? rv~ protect s
Mr Wolfe—I would entertain that with the property owner, we can relay those concerns.
Mr. McCutcheon — is there any other business in that industrial area that would have anything
comparable for protection.
Mr Zastawny—is there anything you generally ask for in lieu acceptable for this zone?
Ms Caumnisar-Kern—a concrete company has chain link with barbed wire fence.
Mr. Pruitt—across the intersection there is an existing business. We have a lot of neighbor growth that
went in we did not have the same concerns we do today. I would think that the frontage on Utica-Sellersburg is
the most important to address if we could change the fencing type to something more appealing and secure,
leaving the other 3 sides.
Mr Wolf — I believe I can speak for the owner and they would find this favorable. They are more
interested in the rear and side yard security.
Mr. Avery—this entire corridor is going to be enhanced in the future and will be rebuilt for safety and
designed. You are going to have the best looking building out there at this point.
Mr Pruitt—please clarify the path of the fence on the Utica-Sellersburg.
Ms Caumnisar-Kern — on the rear it will follow the edge of the property; so it cuts across asphalt with
gated access for vehicles and a path for passengers car to the front.
Comments, letters received? None
Public Comment: none
Board Questions: Ms Gill —they applied for the application in lieu for the landscape this morning — so
you fine with that?
Mr. Pruitt—yes, this morning. If you approve it contingent upon that—it is available.
Ms. Gill moved to pass PC-18-46 contingent upon the approval of the landscape fee-in-lieu and the
variances are approved from BZA approve those waivers and upgrade the fencing on Utica-Sellersburg Road side
of the property; seconded by Mr. Zastawny and motion passes 6-0.
PC-18-47
Michael Hacker file a minor plant approval application for property at 3207 Coopers Lane. Current
zoning for this property is C2, commercial. The proposed zoning is R1, residential.
Michael Hacker, 3207 Coopers Lane. This property is commercial, narrow land that is pretty unusual. I
am entertaining purchasing this property, split the property to build a residential home on the larger end. It is in
the 100 year floor plan, the elevation test shows about 2' below and I do plan filling it in, nice and pretty.
Public comments: none. Letter/phone calls: none.
Board questions: none
Ms Gill made the motion to approve the minor plat contingent upon approval of the rezone, seconded
by Mr, Zastawny, and motion passes 6-0.
PC-18-48
Michael Hacker filed an application for rezoning property at 3702 Coopers Lane. The property is
currently zoned C2, commercial. The proposed zoning is R1, residential.
Mr. Zastawny—moved to make a favorable recommendation PC-18-48, seconded by
Dr Fleming, and motion passes 6-0.
Jeffersonville Plan Commission Meeting—July 31, 2018 Page 8 of 11
PC-18-49
Mac's Convenient Store (Circle K) filed a development plan application for properties at 1655 East 10th
Street, 1647 East 10th Street, 1639 E 10th Street, and 1572 Plank Road. The properties are zoned C2,
commercial. The proposed development is for a convenient store with gasoline pumps.
Jason Copperwaite, Paul Primavera & Associates 301 East Chestnut Street, Corydon; representing Mac's
Convenient Store LLC, operator of Circle K brand. Once the parcels are consolidated will be 1.8 acres; the
existing store is located on .5 acre. The new store will be 5, 000 square feet with pumps and canopy. The store
will stay in operation while the improvements are construction. Most of the large entrance on Plank Road will
be removed in favor of two new accesses. One wide driveway was reported as 90', which will be closed down to
50' to be in accordance which will allow our truck ingress and egress. Parking is located with 14 spaces in front
and back (28) with two deliver pads and dumpster pad on the back Plank Road side. Landscape is compliant.
Lighting plan is in compliance with all down lighting.
Mr McCutcheon—this building will have front/rear access with parking? Yes
Mr. Copperwaite—sign will be identical to Eastbrook. LED fixed lighting for gas prices.
Mr. Avery— I have to compliment you, a parcel with the new beautiful improvements. We have 5 roads
that come together at that intersection will be a lot better. Exceptional improvement.
Mr. McCutcheon —it also shows that Circle K has confidence in the City, that they are willing establish a
new facility in a location that everyone has some concerns.
Ms. Gill—will you address your waiver for your minimum front set back?
Mr Copperwaite —the dumpster is in back and on the set back on Plank Road and the deliveries on the
side of the store front of the building and canopy extend about 3' encroachment on both.
Mr. Pruitt—widening of the road the 3' will not impede that.
Mr. Copperwaite—this boundary reflects the right-a-way for 10t'and Plank Road.
Mr. Zastawny—this is in my district it will improve that area. Will the dumpster be hiden?
Mr Copperwaite—yes, we have evergreen screening, enclosed.
Mr. Zastawny—there is no sidewalk on Plank Road, does you plan any?
Mr. Copperwaite—we did not add any there. If that is a sticking point that will not be a problem.
Mr. Zastawny—I know our engineer is working on this; I think it will be on your side of Plank.
Mr. Merkley—if they are going to be on that side then we would want you to put in sidewalks.
Mr. Copperwaite—if you want to make that a condition —I have no problem with that.
Comments, questions, concern from the public thru letters, phone calls?
Ms. Woolsley—only calls to see what is going onthere.
Public Comments:
John Sullivan, 1581 Plank Road —This is a loud area. The lights are on all the time in the evening. You
don't need lights inside your house if you live across the street from them. Plank Road and in front a drag strip,
police do not care. Everybody that does not have a muffler goes to that gas station. Everybody that has a hot
car goes down those two areas — Moby Dicks, Papa Johns from Plank around the curve to the railroad strip.
Many of those are coming out of Circle K. I lost my mailbox due to the fact that someone trying to do the drag
strip. You do not understand how much noise and you are going to increase now. I can tell you what time it is
every morning that the dumpster is dumped at 4 o'clock in the morning. That is a residential area. Please pay
attention that all the development you are creating which is fine, you have to watch where the residential areas
are. You can put all the trees in the world there it is still going to be noisy. When I bought the house it was
quite. We have eliminated the train and the auto auction and the major sources of noise in that area. Please
prove to us that you care and vote this down. Thank you.
Elizabeth Carta, 1103 Highland Drive — almost directly across where the new Circle K. It is a residential
area, we take pride in our property. I go out 2-3 times a day picking up trash that comes from Circle K in my
yard. His is right we have a drag strip. You are lying in bed at 2-3 o'clock in the morning and you hear boombox
and it shacks your windows. How are you supposed to sleep? The people take good care of their property. The
Jeffersonville Plan Commission Meeting—July 31, 2018 Page 9 of 11
motel, I wish they would tear it down. I don't understand why they want to do that right there. It's a quiet
neighborhood, it was until all these drag races, boom boxes. I would appreciate it if you would vote it down.
Thank you.
Gail Burns, 1571 Plank Road—directly behind the motel. Why are you tearing down one gas station and
putting another one in; unlesc it is Nigger. Rigger is hatter I have to admit Rut you have families living there,
been there for years. I've been there for years. Progress I know—Jeffersonville is growing. But
have to put a limit out there. We are plain old people. We like the peace and quiet. I don't like the trashes
inyou my
yard either.
Public comment closed.
Mr. Copperwaite — I am not sure what standards the existing building was a
not been out there at night, but the current standard does not allow light spillagepproved under and I have
Mr McCutcheon—the residents need to understand that light packages that were approved 10-15 years
ago are not in existence today. Today's code standard require down ward lighting and this should make a
difference.
Mr. Copperwaite—Circle K projected that they will have a 25% drop in sales at this location, that is why
they want to increase the store, merchandize and gas pumps. I think we are making it better than what it is
today.
Mr McCutcheon — this project is pinched on the corner which created landscaping challenges, this
opportunity backing it up some gives it some new landscape, landscape and trees absorb things which could
create some benefits to the neighbors. I'm not trying to convince you, I want you to understand what they are
presenting to the comments made. There is no reason for this board to discuss loud mufflers and drag racing—
we have no control over that.
Board Questions:
Dr Fleming—have you folks perused speed bumps? We can try to help.
Mr. White—is this one mile from the next gas station?
Mr Merkley—it is within one mile, but our position is that they are re-structuring. More importantly we
believe this intersection is being improved.
Mr. Avery—this matches better with Springdale. A lot of traffic going on now is because of 10th Street
project and moving the route back on 10th Street where they can drive faster, improves safe access.
Mr. Avery made the motion to approve PC-18-49 contingent on addingsidewalks, and
variances with BZA with waivers granted, seconded by Ms Gill. approval of
Mr. White—I think we have a one mile issue.
Motion passes—5-1 (White)
PC-18-50 request to table
Staff Renorts
Mr. Pruitt — we have a planning team visiting tomorrow from across the country, six professionals that
work in landscaping, architectural, planning work and economic development; from a Grant the City won. Food
and prizes will be award at the 3 events and anyone can come and again this is in regards to Court Avenue. We
have the new school proposed, Nachand Field House is getting improvements, n Art
District
new public/private partnership with a new development by Waypoint. So there are a lotof things happen ga
and we need to address Court Avenue like we our other streets. yp g peening
Jeffersonville Plan Commission Meeting—July 31, 2018 Page 10 of 11
Adjournment
There being no further business to come before the Plan Commission the meeting was adjourned by
Ms Gill.
lit -rr
Michael McCutcheon, Chair
Submitted by:
Py t(4. 1Secretary
Page 11 of 11
Jeffersonville Plan Commission Meeting—July 31,2018