HomeMy WebLinkAboutPC JULY 23, 2019 MINUTES OF THE
JEFFERSONVILLE PLAN COMMISSION
July 23, 2019
Call to Order
Chairperson, Mr. McCutcheon, called the meeting of the Jeffersonville Plan Commission to order at
6:08 p.m. in the City Council Chambers,Jeffersonville City Hall, 500 Quartermaster Court,Jeffersonville, Indiana.
Roll Call
Members present were: Duard Avery, Kathy Bupp, Ron Ellis, Dustin White and Mike McCutcheon. Those
members not present: Chris Bottorff and Lisa Gill. Also present were Nathan Pruitt- Planning &Zoning Director, Les
Merkley- Planning&Zoning Attorney, Ashley Woolsey- Planning& Zoning Coordinator and Peggy Hardaway-
Secretary.
(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 Mr. Ellis to approve the June 25, 2019 Minutes, seconded by Mr. White and
motion passes 5-0.
Approval of Docket: Request was made to move up items PC-19-40 Ballew Gift Trust for Rezoning and PC-19-41
Ballew Gift Trust for Rezoning to the top of new business. Motion was made by Mr. White, seconded by Mr. Ellis
with motion passing 5-0. Also, a request to table items PC-19-23 Family Ark Rezoning; PC-19-39 Speedway
Development Plan and PC-19-42 Speedway Mediation Agreement. Motion by Mr. White, seconded by Mr. Ellis and
motion passes 5-0.
Approval of Findings of Fact: None
Public Hearing Docket:
Old Business:
PC-19-21 Development Plan Approval
Harold Hart filed an application for development plan approval for property on Jean Drive. The proposed
development is 10,160 square foot office and warehouse space. The property is zoned Cl small to medium general
commercial.
Representation: Debbie Peyton 10614 Marion Martin Road Marysville-Slower and smaller than original
plan—5,000 square foot building with expansion later as we grow. Temporary fencing while building constructed to
enclose outdoor equipment. Fencing and asphalt after construction complete—start construction this fall.
• Buffer yard 20 foot setback
• Landscape plan provided may change as plan develops
Public Comment: Eric Powell 282 Jean Drive—concern with fence that may obstruct our loading docks.
Board Questions: Mr. White—do you have storage on Harrison Avenue? Ms. Peyton—no.
Motion made by Mr. Avery to approve development plan with stipulation that Staff follow-up, landscape
and lighting as it develops, seconded by Ms. Bupp, motion passes 5-0.
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Jeffersonville Plan Commission Meeting—July 23, 2019
New Business
PC-19-40 Rezoning Request
Jesse Ballew filed a rezoning application for approximately 3.36 acre property located at 241 Eastern
Boulevard. The current zoning is C2 medium to large scale general commercial. The proposed rezoning request is
for M3 medium to large scale multifamily residential.
Representation: John Kraft Law Firm—Young, Lind, Endres & Kraft 126 West Spring
Attorney for the Ballew Gift Trust and Mr. Ballew, to change the zoning on this property that is surrounded by
commercial and some industrial use to request a favorable recommendation. Integrate this district into a transition
area between commercial and single family districts along major thorough fairs. We believe we meet all the
requirement under 3674603 with respect to the comprehensive plan, surroundings uses and taking from a general
commercial medium- large scale to a residential use.
Mr. White—what is the intended to be put there?
Mr. Kraft—a BWI project; I want to share an article in the News&Tribune regarding the opinion letter to the
editor"not in my backyard" written by Caroline King. Keep in mind this is a land use rezone and I am representing
Mr. Ballew and the Ballew Gift Trust.
Mr. White—is this the first time Ms. King wrote as opposed to when this was at Ewing Lane or the Optimist
Club? Mr. Kraft—as far as I know—yes.
Public Comments: Carol Moon Claysburg Neighborhood Association President 1711 National Avenue—
against. Not at our backdoor, we have housing, Haven House, Serenity House, Man Shelter, Community Kitchen,
and sewer treatment plant. Let's put our heads together to see what we can do to make that something that we all
can benefit from; a mini Walmart,Target; not another housing project that disrupt and makes lives difficult for us
that have to live there. Not accepted at Ewing Lane, Optimist Club and we say no for it at the backdoor of Claysburg.
Laverne Vaughn 203 Luther Circle—against. Ditto Ms. Moon. No more housing for transitional housing.
People, who are release from jail, bring crime, drugs, pedophiles and homeless to our neighborhood. They sleep in
the park around children and seniors. We feel dumped on—not fair.
Jeremy Kramer Vice President of Indiana/Louisville Rail Road 500 Willinger Lane—against. Louisville and
Indiana Rail Road strongly opposing rezoning that does not adequately consider protections for adjacent properties
from trespassers. Rail road trespassing is the number one problem nationwide and we struggle with that on a daily
basis at this facility. This property has history of homelessness and trespassing. We want to be assured that no
action be taken without protection from potential issues from that property. We do no oppose any specific project
on this property.
Pat Baker 1414 Brown Forman Road—Echo prior three speakers. If this zoning is approved; will we have an
opportunity to address what is being built? Mr. McCutcheon—yes the public always has the opportunity to
oppose/support projects being submitted.
Tony Lyttle 1808 Spring Street—against. Nothing in this area, it is drugs and drinking all hours of the night.
Video going off and dogs barking they don't care. Do not do this at our expense.
Stacy Polk 1033 Thomas V Bryant Drive (Claysburg Towers)—against. Property damaged and stolen and
when you call the police—all they say is it is the neighborhood you live in. Don't put it here.
Rev. Nancy Woodworth-Hill 321 East Market Street—support. Director at St Paul's Episcopal Church and
facilitator with Clark County Cares. I have been listening, reading differences of opinions on this issue; we all work
for a healthier, safe community. BWI will house the homeless and provide supportive services.
Carolyn King 615 East Maple—support. We need this permanent supportive housing and several are needed
in our community. This will be safe, secure with screening people. Upset with hate, and reaction, this will clean up
the area it is located. We need to move forward with this.
Umon Bock(did not sign in) owns property on Eastern Boulevard —against. Please come visit the area and
see issues with homeless,trespassing; messing with employees and visitors.
Dallas Schwartz Riddle Street—against. Not in my backyard; 3 children cannot play in our front yard because
of the issues with homelessness in neighborhood.
Mike Sodrel One Sodrel Drive—against. Multifamily means multi-people and traffic in an area that has
commercial traffic 24/7 and we still have drainage issues in the area.
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Jeffersonville Plan Commission Meeting—July 23, 2019
Hope Jemerson Jeff Housing—against. Echo the supportive work. These neighbors are stressed that live
there,they cannot take anymore. They can't leave, property value has gone down. Stop adding stress. We need to
house the homeless so our temporary shelter will be available for transitional people.
Phillip Bates 205 Kerry Circle—against. Things are worse with traffic, foot traffic and property values. City
services have been declining from year to year.
Gary Hobbs 5902 E 34th St Indianapolis—support. Here to represent the 200+ people who cannot voice an
opinion;the homeless, suffering, and those who need support. Some of the individuals you speak of roaming in the
neighborhood are some of these individuals who would receive this support. The State recognized the issue in
Southern Indiana; Jeffersonville does not have the products like we have in other areas of Indiana. Cities are seeing
improvements in those neighborhoods. We have talked to the community several times and hear the neighbors'
concerns: do not want individuals roaming their neighbor; do not want to be dumped on. It hurts me and I
understand those concerns; you want positive development and investment of work force training and youth
mentoring. This is not in Claysburg, at the recommendation of the City Council, and Mayor's office; this will take
some of the homeless out of Claysburg into permanent, supportive facility. This is a $10 million development with a
food market which is a real need. I urge you to vote with your conscious for the folks that are homeless and provide
a solution to the issues of our dear neighbors in Claysburg.
Kim David 206 Martin Circle (did not sign in)—against. We have never seen an epidemic like this. We cannot
sit outside on our porch without someone coming up. Make sure all the homeless are there; get rid of the Haven
House. The people around this building are not safe and hurt the neighbors in the neighborhood and their self. If
you are committed to this put it in Jeff Boat.
Angela Mitchell West Riddle Street (did not sign in)—against. Echo what everyone said. Family has fear
walking in the park and community for fear of needles and feces. Place it somewhere else.
Pauline Schanklin 204 King Circle (did not sign in)—against. I do not feel safe walking in Lansing Park—people
asking for my socks, people having sex, taking a bowel movement.
Audrey Baines (did not sign in)—The City and BWI need to come together, form a commission and find a
location that everyone can be in agreement for an adequate, safe development for the homeless population.
Ryan Mitchell 5902 East 34th Street Indianapolis—support, with BWI. This is permanent, supportive housing.
There is a problem with homelessness in this community. This is our third location request and this will not happen
if not here. Please consider the facts of this project. Please allow us to help your community.
Megan Hobbs 5902 East 34th Street Indianapolis (did not sign in)—support, with BWI. What we stand for and
what our passions are; why we come into cities like this; to help people who need help. We agree with a lot of what
the community said that there is a problem and we want to work with the community to solve this; doing nothing is
not a solution. Bring BWI a solution and we will be happy to support it.
John McCue Sodrel Truck Lines President—We are opposed to this project (did not sign in). This area is
zoned commercial because of commercial traffic and putting a community of residents in this area is dangerous.
Close public comments.
Mr. Kraft—this is a land use request; not a BWI request. Everyone spoke of conditions that everyone does
not want; BWI will help solve some of those issues. Traffic generated is going to be at a minimum and are permitted
as a matter of right. Conservation of property value—this will generate greater property values based on the
investment with responsible development and growth. The security with this type of project and the vetting of
those individuals that will come to this is much better that a department store with no parking security.
Mr. Ellis—as far as I'm concerned the area was Claysburg and still is. I have family who still live there. I will
do what I can to protect the neighbors in Claysburg.
Mr. Kraft—Mr. Ellis can you be impartial and unbiased in making this decision based on that information?
Mr. Ellis—I've been impartial and unbiased because I have worked with BWI in other locations and some of
the information I have found out about their Indianapolis location is something we do not want in Jeffersonville.
Mr. White—I take issue with the letter to the Editor in the News &Tribune, described another hate filled
meeting by yet another neighborhood group contesting building this project. There was no hate expressed in that
meeting. She was disappointed in wishy washy officials that cave in to the loudest voices to win votes. I voted for
this project at the Optimist property and against changing it back the first time we addressed it and only after BWI
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Jeffersonville Plan Commission Meeting—July 23, 2019
did not contest changing it back that I vote for it. I was for the Optimist Club property and continue to express my
support for that. It is my opinion this is not the most desirable use for this property and I will vote for an
unfavorable recommendation.
Ms. Bupp—you cannot take a commercial piece of property and change it into multi-family; it is commercial.
Mr. McCutcheon—I have not seen a good explanation of benefits shared to the community to buy in.
Letters—one hand delivered by Mr. White tonight. Lester Bagley Trustee with Gilt Edge Church—opposed.
Mr. McCutcheon—I feel both parties were well represented and would request a motion from the Board.
Mr. White made the motion for an unfavorable recommendation on PC-19-40 to the City Council, seconded
by Mr. Ellis, motion passes 5-0.
PC-19-41 Rezoning
Ballew Gift Trust filed a rezoning application for property at 241 Eastern Boulevard, approximately 3.36 acre.
The current zoning is C2 (Medium to Large Scale General Commercial). The proposed zoning is for NC
(neighborhood commercial).
Representation: John Kraft Law Firm—Young, Lind, Endres& Kraft 126 West Spring
This involves much the same parcel to fill in the small corner; we are asking that this be rezoned. This would
allow the development of a smaller scale commercial use. Same is applicable here with regards to 3674603 dealing
with five elements: comprehensive plan, current conditions and character of structures in district, most desirable
for which the land in this district is adapted; conversation of properties values and responsible growth.
Public Comment: Carol Moon Claysburg Neighborhood —against. Keep adjacent parcel as is, do not change.
Jeremy Kramer Vice President of Indiana/Louisville Rail Road 500 Willinger Lane—against. Appears this is
related to previous docket. Louisville and Indiana Rail Road strongly opposing rezoning that does not adequately
consider protections for adjacent properties from trespassers. Rail road trespassing is the number one problem
nationwide and we struggle with that on a daily basis at this facility. This property has history of homelessness and
trespassing. We do not oppose any projects on this property. We want to be assured that no action be taken
without protection from that property.
Pauline Schanklin (did not sign in)—against. Clean up what has already been messed up.
LaVerne Vaughn 203 Luther Circle—against. Come up with something reasonable.
Wilma Saddler Morton (did not sign in)—against. We met with them twice and were told 45 one bedroom
units. Once they were better they would have to leave and someone new move in; this is not permanent housing.
Dallas Schwartz Riddle Street—against. Since this is related to last item I am against this.
Tony Lyttle 1808 Spring Street—against. Don't need anything else out there.
Kim David 206 Martin Circle (did not sign in)—against. Don't go for the foolery. Not good.
Stacy Pope 1033 Thomas V Bryant Drive—against. Echo what everyone else is saying.
Ryan Mitchell 5902 East 34th Street Indianapolis—support. We have had six public meetings on the three
projects, City Councilperson White and Ellis have been to many of those; they were informed. The gentleman we
hired to collection information in the neighborhood was recommended to us, we did not know him,Jeffersonville
leaders told us,this is what he does and we know he does this on the national and local level, and we know that he
worked for the Mayor in this exact same process.
Close public comment.
No letters.
Board comments: Mr. White—this is neighborhood commercial which sounds like it could fit. However, the
concept purposed by BWI could include living units, the permitted end use is residential and upper floor or rear of
building which could make way for a grocery store with the same type of facility being put behind it. Because of that
I will vote for an unfavorable recommendation because that would not be the most desirable use of land in each
district is adapted. The C2 zoning creates a situation so you can put a grocery store if there is acknowledgement
that there is a food dessert then I encourage private investors to look at that property to put a grocery store.
Conversation of property values throughout jurisdiction with the rail road, Sodrel and the neighbors we want private
positive investments that adds to the amenities in the neighborhood so that people can enjoy better quality of life.
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Jeffersonville Plan Commission Meeting—July 23, 2019
I do not think this will be responsible growth with investments that are going on there now. The type of investment
that is needed is one that is minimal to the current zoning.
Mr. White made the motion to send an unfavorable recommendation to City Council, seconded by Mr. Ellis
and motion pass 5-0.
Mr. White -this will be heard at the next City Council meeting August 5 at 7 p.m.
PC-19-33 Development Plan
Josh Roseberry with Prodigy Construction Corporation filed an application for development plan approval for
property at 1000 Auction Lane. The property is zoned C2 medium to large scale general commercial. The proposed
development is 1,700-square foot car rental facility.
Representation: Matt Gullo with Luckett and Farley 636 South Third Street Louisville
• Enterprise Car Rental —needs upgraded facility
• 2,100 square foot new facility—rental cars mostly in rear, with minimal customer parking up front
• Entrance set back 100' to prevent congestion
• Additional plantings at the request of Planning
Public comments: support—none; against—none
Letters, calls: one phone call inquiring what was going in.
Mr. Pruitt—make note the change of 1,700 to 2,100 on staff report page 4 minimum main floor.
Motion made to approve the request with detail presented by Mr. Avery, seconded by Ms. Bupp and motion
passes 5-0.
PC-19-34 Rezoning
Jeffrey Hartfield filed a rezoning application for approximately 1.24 acre property located at 3712 Holmans
Lane. The current zoning is R1 single family residential. The proposed zoning is OC office commercial.
Representation: Jeff Hartfield owner Denim & Diamonds Financial Solutions 2703 Jefferson Center Way
• Neighbors expanding and would like my sight
• New location on Holmans Lane with low invasion—more than half customers out of state
• No new lighting
Public Comment: support—none; against—none
Letter/calls: one call inquiring about noise ordinance; referred them to meeting date/time
Board questions: Mr. McCutcheon—please address this concern regarding noise. Mr. Hatfield—we have
two vendors who visit monthly; roughly 5 in-office meeting a week; normal flow of traffic. Business day 8:30—5
with very few evening meetings—nothing during sleeping hours. Neighbors—two are currently residential; dentist
and chiropractor one house away. Mr. McCutcheon—garbage services? Mr. Hatfield —city services and the shred-it
company comes during the business day(usually 9-12).
Mr. Ellis made the motion made to send favorable recommendation to City Council, seconded by Ms. Bupp
and motion passes 5-0
PC-19-35 Preliminary Plat Approval
Mark Bedair filed a Preliminary Plat application for approximately .67 acres of property located off Hamburg
Pike, and proposes to subdivide into 5 single family lots. The current zoning is R 3 single family residential.
Representation: David Blankenbeker 618 East Court Avenue Jeffersonville with Mr. Bedair
• Change to 4 single family lots and private street
• Meet all the City setbacks, except the zero lot line between the units
• Will seek Drainage approval upon this approval—probably use underground detention methods
• These will be sold for approximately$250,000; 1800'floor plan with 2 car garage for retirees
Board questions: Mr. Avery—smaller impact area used in a smarter way. Mr. White—you are creating a
new street? Mr. Blankenbeker—yes
Public comment: Dave Rainwater Waverly Road (did not sign in) -concerns with drainage in area that has
not been taken care of. This will put more water in the ditch which floods often.
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Jeffersonville Plan Commission Meeting—July 23, 2019
Sharon Martin 3808 Hamburg Road—concerned with 3 lots changing to 4. Will this impact zoning in the
area? Mr. McCutcheon—No. Ms. Martin -echo the concern of flooding. We were told City purchased property to
put in retention pond but that has not happened.
Letters/calls: none
Mr. Avery— I believe that downstream the City did purchase lots for new detention basin. The new planned
park will contain a huge contain basin in that area. Mr. Blankenbeker—we do have some green space, if we cannot
use that more than likely it will be underground.
Ms. Bupp made the motion to approve the request with the change from 5 single family lots to 4, seconded
by Mr. Avery and motion passes 5-0.
PC-10-36 Development Plan Application
Curt Hargrove filed a development plan application for property at 200 Trey Street. The property is zoned IR
INAAP Redevelopment. The proposed development is a 256,500 square-foot industrial building; speculative building
Flex Space. The applicant is requesting waivers regarding landscaping. The applicant also filed a Development
Standard Variance application.
Representation: Deb Ashack with Jacobi Toombs and Lantz, Engineers
• Trees will be added to meet the total landscaping standards
• Approved by River Ridge (May 16) and Drainage Board approval (July 16)
• Seeking perimeter landscaping waiver
Public comments: support—none; against—none
Letters/calls: none
Motion made by Mr. Avery to approve application, seconded by Mr. Ellis and motion passes 5-0.
PC-19-37 Development Plan Application
Jim Calvery Jeffersonville Commons LLC file an application for development plan approval for property
located at 2000 Jeffersonville Commons Drive. The property is zoned C2-PD planned development—Jeffersonville
Commons. The proposed development is 25,000 square foot fitness center(Planet Fitness).
Representation: John Campbell with Heritage Engineering 603 North Shore Drive Suite 204 Jeffersonville
• Purchasing agreement for only the building with a future common wall and rear parking; parking
held by David Nickles with cross over parking
• Minimum front setback: 10 feet internal roads
• Minimum side setback: zero
• 70%of trees—may provide more through the development
• Perimeter landscaping—6 provide as required outside property boundaries but within development
Public comments: support—none; against- none
Letters/calls: none
Motion made by Mr. McCutcheon to approve the application, seconded by Mr. White and motion
passes 5-0.
PC-19-38 Development Plan Application
James H Smith with Craig and Landreth filed an application for development plan approval for property at
630 East 10th Street. The property is zones Cl small to medium scale general commercial. The proposed
development is a private car detailing and limited used car sales facility. The use is not a permitted use by right so
the applicant has filed a Use Variance application. The applicant also has filed a Development Standard Variance
application.
Representation: Jack Vissing 432 East Court Avenue Jeffersonville
Mr.Vissing—my customer has acquired the property at 10th and Mechanic; nasty looking used tire
warehouse. They will improve the lot, building, parking and landscape including entrance and exit. This will be a
clean up shop for several locations. Neighbor—New Hope is very happy with the suggested changes.
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Jeffersonville Plan Commission Meeting—July 23, 2019
Public comments: support—none; against—none
Letters/calls: none
Mr. Avery—small business support for 10th Street—good use.
Mr. Pruitt—our office made site plan suggestions and the applicant was happy to make those changes which
included reducing four entrances down to two allowing additional landscape.
Mr. White—this will be a car lot, right? What is the limited used car sales?
Mr. Smith—I need a clean up shop. Cars will be placed around the lot before and after clean up and if
someone wanted to purchase one I will sell it here instead of taking it to Clarksville. I will be spending$150,000-
200,000 to improve the property. I'll be a good business owner in this community.
Mr. Pruitt—BZA will take up the use issue.
Mr. White—where does a car lot fit into the Comprehensive Plan?
Mr. Pruitt—currently we have an overlay ordinance which the development plan is in compliance.
Motion was made by Mr. White to deny the waivers and that this does not fit the Comprehensive Plan,
failed for lack of second.
Motion was made by Mr.Avery to approve the development plan, seconded by Ms. Bupp and motion
passes 4-1 (White).
BOARD COMMENTS:
Reports from Director and Staff: Mr. Pruitt—we have had many meeting over the last couple of years that have run
long and seems to be a continuing tread. The fact that BZA follows this meeting, with members who have to wait
that long as well as the public so we are considering splitting Plan Commission and BZA to separate nights moving
forward. I will send out poll to see what night works well for everyone.
Adjournment
There being no further business to come before the Plan Commission the meeting was adjourned
at 8:44 p.m.
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Michael McCutcheon, Chair t“r?if 1.1• Peggy Hardaway Secr tary
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Jeffersonville Plan Commission Meeting—July 23, 2019