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Home My WebLink About2019-OR-35 NULLIFYING 2019-OR-12 BEFORE THE COMMON COUNCIL FOR THE CITY OF JEFFERSONVILLE STATE OF INDIANA ORDINANCE NO. 2019-OR- AN ORDINANCE NULLIFYING ORDINANCE NO. 2019-OR-12 PURSUANT TO I.C. 36-7-4-610.5 WHEREAS, on April 1, 2019 the Common Council for the City of Jeffersonville ("Council") adopted Ordinance No. 2019-OR-12 entitled, "An Ordinance Changing the Zoning Map Designation of a Certain Tract of Property Located at 61 Louise Street and Fully Described in Attached Exhibit A From R1 to M3"; and WHEREAS, a copy of Ordinance No. 2019-OR-12 is attached hereto as Exhibit "A"; and WHEREAS, I.C. 36-7-4-610.5 states, in part, that if not later than 180 days after adoption of a zoning ordinance, the Council finds that the zoning ordinance was adopted as a result of a person's intentional misrepresentation or omission of material facts, the Council may by 3/4 vote adopt an ordinance to nullify any change in the zone maps that resulted from the misrepresentation or omission; and WHEREAS, on March 26, 2019 the Jeffersonville Plan Commission ("Commission") conducted a public hearing on the zoning proposal adopted by Ordinance No. 2019-OR-12, a copy of the minutes from said meeting is attached hereto as Exhibit "B"; and WHEREAS, at the March 26, 2019 hearing the Commission heard testimony from the applicant of the zoning proposal under docket PC-19-10; and WHEREAS, the applicant testified that it had canvassed the neighborhood near the subject property during which solicited the feedback from residents was either positive or neutral with only four negative comments on the zoning proposal; WHEREAS, the Commission forwarded the zoning proposal to the Council with a favorable recommendation; and WHEREAS, on April 1, 2019 the Council upon the Commission's favorable recommendation adopted Ordinance No. 2019-OR-12, a copy of the minutes from said meeting is attached hereto as Exhibit "C"; and WHEREAS, during public comment at the May 6, 2019 Council meeting 14 individuals spoke in reference to the prior adoption of Ordinance No. 2019-OR-12 with 2019-OR- 35 This Ordinance shall be in full force and effect after its passage by the Council and approval by the Mayor. Voted o : , Voted Against: Nab Ai 0 Vii•,,ZIP! , ./ter ,�.. 0 MIMI. ler -,lleat-, A...- lrwiloh, I, II' 4.--.....4. AwarLymPlit i._ . gitMtIflL. SO ORDAINED this .± day of I' 2019, by the Common Council of the City of Jeffersonville, Clark Count In iana. / / • /L�_ Ed Zasta /Ay Presiden / ATTEST: / / -- -€111/ Vicki Conlin Clerk Presented by me as Clerk to the Mayor of said City of Jeffersonville at m. on this day of ,,, ,, J , 2019. Vicki Conlin Clerk 2019-OR- Approved and signed by me at m. on t day f ,��' , 2019. 1 - Mike Moore, Mayor Vetoed by me at m. on this day of , 2019. Mike Moore, Mayor 2019-OR- �. most in in opposition, a copy of the minutes from said meeting is attached hereto as Exhibit "D"; and WHEREAS, the individuals in opposition to Ordinance No. 2019-OR-12 stated to the Council that they were either never contacted by the applicant or they were not accurately describe the type or scope of the project related to the zoning proposal; and WHEREAS, on May 28, 2019 the Plan Commission initiated a zoning proposal to rezone the subject property from M3 to R1; and WHEREAS, at the May 28, 2019 Commission meeting 19 individuals spoke in reference to the zoning proposal to rezone the subject property from M3 to R1 with most again stating that they were either never contacted by the applicant or they were not accurately advised as to the type or scope of the project related to the original zoning proposal, a copy of the minutes from said meeting is attached hereto as Exhibit "E"; and NOW THEREFORE, BE IT ORDAINED by the Common Council for the City of Jeffersonville that based upon the aforementioned and the record set forth that it hereby finds that the applicant for the zoning proposal that was the subject matter of Ordinance No. 2019-OR-12 intentionally misled the Commission and the Council as to a material fact when it stated that it had contacted residents near the subject property; and IT IS FURTHER ORDAINED by the Common Council for the City of Jeffersonville that based upon the aforementioned and record set forth that it hereby finds that the applicant for the zoning proposal that was the subject matter of Ordinance No. 2019-OR- 12 intentionally misled the Commission and the Council as to a material fact when it stated that there was overwhelming support in the neighborhood for the zoning proposal; and IT IS FURTHER ORDAINED by the Common Council for the City of Jeffersonville that based upon the aforementioned and record set forth that it hereby finds that the applicant for the zoning proposal that was the subject matter of Ordinance No. 2019-OR- 12 intentionally omitted a material fact when it failed to accurately describe to the residents during its neighborhood canvass the type or scope of the project related to the zoning proposal; and IT IS FURTHER ORDAINED by the Common Council for the City of Jeffersonville that based upon the aforementioned and record set forth that Ordinance No. 2019-OR- 12 is hereby nullified pursuant to I.C. 36-7-4-610.5. 2019-OR- EXHIBIT "A" 2019-0R-,Z3 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2019-OR- I AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 61 LOUISE STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1 TO M3 Whereas, BWI Investments, LLC, filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 61 Louise Street and fully described in the attached Exhibit A from R1-Single Family Residential to M3- Multi-Family Residential and, Whereas, on March 26, 2019 the Jeffersonville Plan Commission has certified its favorable recommendation of the enactment of this proposed zoning map designation change by ordinance of this Common Council; and, Whereas, this matter is now before the Common Council at its regular meeting after certification of the proposed change of zoning map designation pursuant to the provisions of I.C. 36-7-4-608(f)(1); and, Whereas, this Common Council has timely posted notice of its intent to consider the proposed change of zoning map designation at the regular meeting scheduled for April 1, 2019; and, Whereas, all interested persons having been given an opportunity to appear before this Common Council and be heard regarding this matter as required by law. Now,THEREFORE, BE IT ORDAINED by the Common Council of the City of Jeffersonville, Indiana,that the zoning designation of the real property located at 61 Louise Street and fully described in the attached Exhibit A is hereby changed from R1- Single Family Residential to M3- Multi-Family Residential. IT IS FURTHER ORDAINED that the zoning map of the City of Jeffersonville shall be amended to include such change. This ordinance shall be in full force and effect upon its adoption. a'or 9 -6E-1 SO ORDAINED this 15t day of April, 2019. Common Council of the City of Jeffersonville, Indiana VOTE �;1 VOTED AGAINST: • A - *yr Ed Zastawny, President dTTFST: ,` Vicki Conlin City Clerk asci Presented to me as Clerk to the Mayor of said City of Jeffersonville this day of April, 2019. -, - Vicki Conlin City Clerk This Ordinance approved and signed by me this 1st day of Ap II, I •. Li Mike M sore, Mayor Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF TO REZONE A CERTAIN TRACT 61 Louise St FROM R1 (Single Family Residential)to M3(multi-family residential) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, BWI Investments, LLC filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from R1 to M3 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on March 26, 2019 ; and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to favorably/unfavorably/not recommend the proposed change of zoning designation of=i Property to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on March 26, 2019 , the Jeffersonville Plan Commission Favorably Recommends that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from R1 to M3 as requested in the petition of BWI Investments, LLC So certified this 26 day of March , 20 19 . Wit: 4.1e‘ Chairman GST-' F:' STAFF REPORT `-° 'w `" Department of Planning & Zoning — Plan Commission T o`er® Y AFRso Case Number: PC-19-10 Petitioner: BW1, LLC Location: 61 Louise St Request: Rezoning Proposed Use: Multi-family Residential Zoning: R1 (Single Family Residential)to M3 (Multi-family Residential) Council District: 2— Ed Zastawny Date: March 26, 2019 Rezoning Request The applicant filed a rezoning application for 3.46 acres of property located at 61 Louise St. The current zoning is R1 (Single Family Residential) and the proposed zoning is M3 (Multi-family Residential). Figure 1 shows the location of the subject properties. Subject Properties 'y? ; . �1 .4 .,,, _ , i. 1V- de kw' : . .„ . , ,, , , 4./. . . yp}�F{' 'Y. 'mak yr'i.F Y g N. Figure 1: Site Location Zoning Change Procedure The Jeffersonville Zoning Ordinance and Indiana State Statute IC 36-7-4-603 outlines that the following should be considered when the Plan Commission is reviewing a Rezoning Request: • The Comprehensive Plan; • Current conditions and character of structures and uses in each district; • The most desirable use for which the land in each district is adapted; • The conservation of property values throughout the jurisdiction; and • Responsible development and growth. Page 1 of 9 PC-19-10 61 Louise St Rezoning Comprehensive Plan and Planning Districts Legend ! ;45.1)°4 RV nlat onr]P�n Spar• 'n. tt Jl -T l.M:stat ▪ a'"'" ass Parwinl9nal Snip PanNY ReptfRllgl N..+.rynay R.s.dmno N.<.LR»ttl•ny k. #.1•.....• C.ontRn -c•sn CRY tors Road Figure 2: Future Land Use Plan Single Family Residential This residential is classified as detached single-family residential development in both the traditional street network and suburban street network. This classification also encourages supported uses such as religious facilities. Single family dwellings are the predominant land use throughout all parts of Jeffersonville. This use occupies the majority of the total developed land. Jeffersonville will need additional single family units to accommodate future growth. Currently the dwellings range from older houses on relatively small lots in the central part of Jeffersonville to newer developed subdivisions along both the Charlestown Pike and Utica-Sellersburg Road Corridors. New single family housing areas will be limited by the amount of available space and the adequate transition from adjacent incompatible uses. Legend Primary Gateways Suburban Neighborhood Traditional Neigh boc hoods Wor kpla c e Suburban Workplace Suburban Marketplace Trail tonal Marketplace Regional Marketplace Center Downtown Historic District Figure 3: Planning Districts Map Traditional Neighborhoods This form is characterized by predominately residential uses, by a grid pattern of streets with sidewalks and often including an alley. Residential lots are predominately narrow and often deep, but the neighborhood may contain sections of larger estate lots, and also sections of lots on which appropriately integrated higher density residential uses may be located. The higher density uses are encouraged to be located in centers or near parks and open spaces having sufficient carrying capacity. Page 2 of 9 PC-19-10 61 Louise St Rezoning Traditional Workplace A Traditional Workplace is a form characterized by predominately small to medium scaled industrial and employment uses. The streets are typically narrow, in a grid pattern and often have alleys. Buildings have little or no setback from the street. Traditional workplaces are often closely integrated with residential areas and allow for a mixture of industrial, commercial and office uses. New housing opportunities should be allowed as well as civic and community uses. 10th Street Strategic Investment Plan One of the four guiding principles in this plan which is now incorporated into the Comprehensive Plan is to Build "Pocket Neighborhoods": "Bolster the existing neighborhoods' relationship with the corridor through the creation of new cottage, attached, and small multi-family residential on vacant commercial properties between these new cores. While building off the character of existing neighborhoods, amenities and small commercial spaces may also be appropriate as part of this new residential development. Although we currently do not have site plans for this intended use, a singular, large building will not fulfill the principle. POCKET NEIGHBORHOOD-FORMER AUTO AUCTION BISTIND CONDITIONS A significant portion of the 10th %" Street corridor between the reetdp Al1Te ri ...-- PAPA s PIZZA AucnoN sm Youngstown and Jell Plazas is '+ ¢ x.+S' t;;, vacant or underdeveloped.This k rx _ stretch.perhaps more than any # �• other along the corridor.negatively ,,..,a44-4:11.. ''• , x, impacts perceptions of the entire N. _.+' 6- rt., or corridor and is.conversely.the * ✓r;Q 1 E•, , Boost roans \ most appropriate for a comrnercial '� '''-% 'F,• to-residential conversion over time. yti, :;'Jed 1- This conversion can be.m part . ,,,,:?„,....14 � ` amenittzed and incentivized by the ♦ '-S� ••,•'N, construction of a new trail along . 4� - �Jr,. - ,, •,J,y _..-•`ti the sparsely used rad corridor '/ ",.., '-.l that crosses 10th Street This trail V .�° - y .. " -t • would be a recreational amenity "-''p"5�1. .;a • 1' t'`. connecting residents to parks. 'S-1:' :. 1 ' I.f ti 1'®, schools.and other planned and !r "'T3�,e i �� 1 �' ti��0, future Jeffersonville trails. � ., urzssoN vs.0 .r • 1 ', 1 3'-r , A. : MOTEL " N ___ Ts, 1 ,0, -, :*''''''.''1. 't 1 1Y\ --- , —\ ION STREET sapATEGIC INVESTMENT PUN -- - - Subject Property M3(proposed) Page 3 of 9 PC-19-10 61 Louise St Rezoning POCKET NEIGHBORHOOD - FORMER AUTO AUCTION NEIGH81]RH0O0 INFRASTRUCTURE ® {.: F Pocket neighborhoods are generally found in locations similar to this -'t4syr, - development site In such.small-to- ' ,"*."....4:.- ,.I medium sized parcels located near p n j • ••, established neighborhoods are A '+=• " •' fix ,. c•; - converted into highly amenitized, na 'It, ' M+ r ••• .• ••+: walkable neighborhoods.This �,i - development type can help bridge ;4� y3ti. �•ie. ` y �k'�ra• • the divide between the 10th Street �*.'t '• `t '$, , corridor and its surrounding --'tt ^' Kamm.' r},;. neighborhoods . ,Ii. {' INTeRSER10N5 , �•, , „,P ''''''''..4-,-, • _1Y • •- ,. , ' • To successfully reconfigure v` X,+ ioy t ,r +'- '•'; � 9''C. relatively large commercial 'c-= 1.+,;,_s,` ..N.-%�.5 sites to pocket neighborhood r,�` `4 `�' '-'4-7,*•:.. development.new.connected street d 1` Jr,'..„.44:4, .;*''r \k -, infrastructure will be necessary `1 s 4.. `r•1 n ., to serve new residential lots and 1 _ 4 v' : , ':S 1 '1 rY ' ' ' provide access to surrounding 10":.*' ' ca= .`.. ~ }" •' amenities.such as the rail trail. fEt • • y� L ��, These streets and public spaces � "• fit: `,) t"1 ¢ \ can be installed as the incremental :�-J t„,&:-. Lst 1 ' N ` redevelopment of sites occurs r v '1 cr* 1,4 „ r ' ',.` , ' . ` • .t f ✓.. � NEW$REETS 10.5tS Lf 44 10TH STREET STRATEGIC INVESTMENT PIAN PRIORITY DEVELOPMENT SITES CI Page 4 of 9 PC-19-10 61 Louise St Rezoning POCKET NEIGHBORHOOD- FORMER AUTO AUCTION FORMER AUTO cici[-reACK ; •J � AUCTION SITE yam.'. �`}''-- Per haps the largest petontial to �� - 3' % start this conversion is on one 7 -.'-;%-'-.,: ,_•, ; J f t f of the former Clark County Auto p; �' atasaec--. Auction sites This site Is large !y °L° enough to serve as a demonstration rk' 44+� project that may be replicated down ^y the corridor.It should be thought • ,, - f�� of as primarily Small•lOt single- . r SNa ,`-. ~T • family detached residential along `c �:•' a residential boulevard.Amenity rs ' �q l' retail and a modest supply of "yiy' attached and multi-family housing 1 .'.i' may be contemplated closer to 10th ' -a' crxy ,•', .•� , Street. g t it.1, i2 yam , \ }, +� G ' `fa r V 7+. 'oma . • ,L �s C SINGLE FAMLV seuwrS �.'} c CO RcML 1.we IF J ..: :. `3. HS T 20 PH 111111111111111.12 IST SM[[S 10TH STREET STRATEGIC INVESTMENT PUN I PRIORITY DEVELOPMENT SITES ill POCKET NEIGHBORHOOD -FORMER AUTO AUCTION PERSPECTIVE . f .F>: ". .r,ma4. �ry �ID. - ,1 {Tf _ � t Ti. -.4*,11 ;r'4"-"'" qL 'i!'.71.-`::".;-'4 Viet» . ... s , pr � ry iiJi i. R „....41,--- � % i a 1ww-r -s. :1,t om, +e r i '�r ,,.t '' —1* '. xt 111! ' x.� ,4‘1-'..,: -' i„ S.S ma _ 1i I •t .9 ."AV -J 0, . 1`.1%''':'4 in! 1 I _ .s . ....„....„..„,....„,„,„4f - R' ,y. , . 4_ _ I l 10TH STREET STRATEGIC INVESTMENT PUN PRIORI,OE'JELJPMENT Sr*ES Cil Zoning Page 5 of 9 PC-19-10 61 Louise St Rezoning Properties to the East, West, and South are zoned R2 (Single Family Residential). To the North, properties are zoned C2 (Medium to Large Scale General Commercial). Other zoning classifications within the area are OC (Office Commercial). IS (Institutional), and NC (Neighborhood Commercial). Figure 4 illustrates the zoning within the vicinity. .,Ql, Is Subject Property — M3(proposed) j Sr ,! \\\. ‘ 1 \ Figure 4: Zoning Map Ell Attached Plans & Documents: 1. R1 District Intent 2. M3 District Intent Page 6 of 9 PC-19-10 61 Louise St Rezoning "R1" District 3.3 '•R1'•District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted Uses Special Exception Uses The•'R1"(Low Density Residential) Residential Residential District is intended to provide a •child care home(owner-occupied) •residential facility for developmentally land use category for medium lots -dwelling.single family disabled(over 4 bedrooms) and medium-sized single family •residential facility for developmentally Business:Recreation detached homes. The provisions disabled(4 bedrooms or less) •golf course that regulate this land use district •residential facility for mentally ill Institutional/Public Facilities should protect,promote and (4 bedrooms or less) •public park/recreational center maintain areas in Jeffersonville for existing and future housing growth. Miscellaneous •church,temple,or mosque •accessory uses Communication/Utility Jeffersonville's Plan Commission 'home occupation#1 •public well and Board of Zoning Appeals •telecommunication facility should strive to protect this district Miscellaneous from conflicting land uses,and •artificial lake or pond over one(1)-acre non-family oriented businesses. in size •home occupation#2 The Plan Commission and Board of Zoning Appeals should strive to promote an average net density of 3 to 4 dwelling units per acre community-wide in the"RI"district. 3-4 Jeffersonville Zoning Ordinance Page 7 of 9 PC-19-10 61 Louise St Rezoning M3 District 3.13 M3 District Intent,Permitted Uses,and Special Exception Uses District Intent Permitted 1-yes Special Exception Uses The"M3"(High Density Multifamily Residential Residential Residential)District is intended to •ass sted 4v r-fo-my •child,:are irSGtut provide a land use category for •dwell g,mut family(3 to 4 unit) •dwelling multifan y(duplex) medium-to large-scale multifamily •dwelling,muh.family 5 tot units) •res;dential facility t,developmental ly d;scb developments. The provisions that •dwelling,muh family 9 to 2C units) •residential balm,for mentally fl regulate this zoning district allow a •m,mng home Institutional/Public Facilities mix of multifamily residential uses and •re'iremem canmuNty •church,temple,or mosque many primary structure per lot. Miscellaneous Communication/Utilities Jeffersonville's Plan Commission and •accessory uses •telecommunication facility Board of Zoning Appeals should strive Miscellaneous to integrate this district as a transition •home occupation tl between commercial districts and single-family residential districts;or along major thoroughfares. This district should be within dose proximity to parks,open space,services,and retail if possible. Avoid locating near conflicting land uses including low- density single-family residential and industrial districts. The Plan Commission and Board of Zoning Appeals should strive to promote a maximum density up to 16 dwelling units per acre in the"M3" district. 3-t4 Jeffersonville Zoning Ordinance Page 8 of 9 PC-19-10 61 Louise St Rezoning 76 >n° °c3enNEd! UHh ca. o¢'- LwccwEdc .Y -oaDc. w0000 fd- :0.0 wi. ;�O' mcv° ecELw,�y dNQ Y CU u.d_Nu 7 CC '%. w'0 w O= j::oD_ Q?-5 2 W O C C Q c Ty 0 L�?cE w ...A; E'cdaELaYNoE. m J ; �c�000'doc,ai . xy��oonuowui:'acia o :o+cnwL � u'ng+a� wec>VLm:2`g m3:2 Y w=w .. cocr'e co.owma�w ° .o'n 1,--`m o�73°). 1-= °u�u mc in o c ti�.�,a v,I.-—.= o 0 ,`" ;,. oak an , j r sas,' r 4 e f c . CC.1 ,` ., � •t- • 'i x .. b N -� c S 1 a 4 R�` -moi z j��Ai w i'' ' 1- °4 .-- ' 1 z -[ `>P �. � ‘,1•1 4. � — 'y i \ Page 9 of 9 PC-19-10 61 Louise St Rezoning C I TY OF.. JEFFERSONVILLE. DEPARTMENT OF LAW y01'Y O Les Merkley, Corporation Counsel/Director of Legal Affairs eatrj � �' 812-285-6493 office �j� oW 812-285-6403 fax v www.cityofjeff.net 'SO Jeffersonville City Hall 500 Quartermaster Court.Suite 250 Jeffersonville,Indiana 47130 BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA IN THE MAI 1'ER OF THE ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 61 LOUISE STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM Rl to M3 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 61 LOUISE STREET AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1-SINGLE FAMILY RESIDENTIAL TO M3-MULTI-FAMILY RESIDENTIAL Notice is hereby given that the City of Jeffersonville has filed Ordinance with the Jeffersonville City Council,Jeffersonville,Indiana asking for a change in the zoning map designation of a certain tract of property located at 61 Louise Street as recommended by the Plan Commission from R1-Single Family Residential to M3-Multi-Family Residential. A public hearing will be held on April 1,2019 at 7:00 pm in the City Council Chambers, 1St floor, City Hall, 500 Quartermaster Court, Room 101,Jeffersonville, Indiana at which time and place all interested persons will be heard in reference to the matters set out in said ordinance. Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812)285-6423 An equal opportunity employer. EXHIBIT "B" 2019-OR-S-5 MINUTES OF THE JEFFERSONVILLE PLAN COMMISSION March 26, 2019 Call to Order Chairperson, Mike McCutcheon, called the meeting of the Jeffersonville Plan Commission to order at 6:04 pm in the City Council Chambers,Jeffersonville City Hall, 500 Quartermaster Court, Jeffersonville, Indiana. Roll Call Members present were: Duard Avery, Chris Bottorff, Kathy Bupp, Ron Ellis, Lisa Gill, and Mike McCutcheon. Those members not present: Dustin White. 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 Ms. Gill to approve the February 26, 2019 Minutes, seconded by Mr. Ellis and motion passes 6-0. Approval of Docket Motion was made by Ms. Gill to accept the requests to table item 1: PC-19-08 Clark Co Animal Shelter and Adoption Center Development Plan Approval and item 2: PC-19-09 Willow Ridge Subdivision Preliminary Plat, seconded by Mr. Ellis and motion passes unanimously 6-0. Approval of Findings of Fact None Public Hearing Docket None Old Business None New Business PC-19-10 Rezoning Maegan Hobbs for BWI, LLC filed a rezoning application for 3.46 acres of property located at 61 Louise Street. The current zoning is R1 (Single Family Residential) and the proposed zoning is M3 (Multi-family Residential). Representation: Gary Hobbs, President and CEO BWI LLC • 44 unit multi-family permissible housing project plus 1 unit for live in maintenance or security • For individuals who have had unfortunate events in their life (issues and challenges) • Permanent housing, $10 million plus development • Property is adjacent to Life Spring for case support management services and engaged faith based community to build relationships and working with residents to a path way of self sufficiency Page 1 of 5 Jeffersonville Plan Commission Meeting—March 26, 2019 Ryan Mitchell,VP of BWI • Spent time here locally to see what the building/property should look like • Maximum greenspace by flipping the building to upgrade the Park at the request of neighbors • Quality build—builders grade plus Rob Burgess—124 West Chestnut Street Apartment 12,Jeffersonville • BWI commissioned to canvas the neighborhood • 122 households, target 10th street to Long Street; Sharon Drive to Springdale Drive • 3 attempts at various day and time to make contact; contacted 68%; 77%of the 68%gave feedback • Feedback was either neutral or positive for development, because of the commitment to enhance the space—making it available to the community; 4 negative comments—1 pertained to services • Neighbors would like to see vibrant greenspace with enforced hours of use, enhanced lighting to deter loitering after dark, and the building be on the back corner close to Life Spring • Add a barrier surrounding the building to keep children from wondering into the building; security will be a top priority by including pass key with i.d. and 24 hour staff on sight ensuring safety Mr. Hobbs — we took effort to receive feedback from the community is something important to me as CEO of BWI. We implemented the feedback in our updated design and a surprise was the request to enhance the park. Public comment: Faunda Walter 1009 Springdale Drive — questions about location of building and lighting. Close public comment. Letters, calls—none. Mr. Pruitt - Positive/neutral/negative—please breakdown percentages in all three. Mr. Burgess—4 canvassers over 16 days, conversations on doorsteps included 4 negative comments; 1 being a hard negative, and the other 3 being a neutral negative; they were concerned about the expansion on the type of services Life Spring offers, but they were far enough from the development where they did not believe this would affect their families day to day life. Mr. Pruitt—from an economic development and comprehensive plan outlook we provided some information to you (Commissioners). We have to think about what we are doing there and what new uses should go in. Our initial steps were to modify some of the permissions; Tenth Street commercial overlay district. Pocket neighborhoods, and space conversion commercial to residential. Booster neighborhoods and bring them closer to Tenth Street. The staff report visualizes the concept with new public green —Optimist Park; like we have seen with the Big 4, and surrounded by what I am calling Optimist Village. Bringing in activity, rooftops and it really could be a sight for new residential on Tenth Street. I wanted to put this context out for you and remind you we adopted this comprehensive plan. We have missing housing segments and community needs that are being talked about today. We need to consider where to put the applicant today. Mr. Avery—this starts the pocket neighborhood of growth and development toward Tenth Street where you have an abandon area and there is also the Fetter Center. Mr. Pruitt — the Fetter Center has benefits to the community for training and education, but it does not do much to enhance the vibrancy of Tenth Street, economically it does not do much. Mr. Bottorff—but this evening we are only looking at the rezoning issue. Mr. Pruitt — you have to ask yourself does the M3 designation, what that pertains to outline development patterns completely separated and different from R1 zoning. Mr. Merkley—you are asking does the multi-family zoning fit into our comprehensive plan. Our plan now is that this area is to be a pocket neighborhood. If this development does not happen and it is rezoned that is why they are going to come back with a development plan and I assume some variances, but right now, before this commission to the council is whether there should be multi-family and not for just this project. Mr. Avery- potentially we approve this we are changing the character single family residential —which could have a detrimental effect. This might be a better if it were closer to Tenth Street rather than in a residential area. Ms. Gill — I thought we were going after M3; we've changed a lot of R1 to M3 since I have been on the Council. Page 2 of S Jeffersonville Plan Commission Meeting—March 26, 2019 Mr. Pruitt—the one M3 we have completed was the Villas of Jeffersonville, 250-275 units that is adjacent to Holman's and Tenth and there are about 6 single family neighbors, everything else was commercial. It is characterized differently than this setting because of the proximity around it. Mr. Ellis — I see residential on three side and then I see a back side of it with the Tenth Street corridor that you are talking about. Life Spring already has the facility there with possibility of expansion and the old car lot. I don't see where this would be out of character. Mr. Avery - I think what the City would like the most, where Life Spring area as much commercial against Tenth Street but the part in the Optimist Club keep as new housing they hope to put in. Ms. Bupp — I would like to go on record to say that I am always less likely to change R1 to M3 because we are eating up the family residential areas. I would have liked to hear more from the neighborhood. The project is a great project I am just not sure this is the right location. Mr. Pruitt—Mr. Ellis' comment -This is a regional outlook, the distance between is quite close. We designed in this plan that there are opportunities for this type project with close proximity to Tenth. The question is distance. Mr. Burgess — having walked the area from the Optimist site up Sharon Drive, only woods separating the property and an empty parking lot to Tenth Street; I agree with you that changing a zone is an important conversation especially the compressive plan of our City. Jeffersonville has experienced great growth moving forward and a large part of that motions you make on this committee. The Question I have as a resident is understanding R1—how is the Optimist Club there currently which doesn't operate as a residence but as a business? Ms. Gill—that's my question too? Ms. Bupp—yes how can that be? Mr. Pruitt—I do not know the full history, but it is a non-profit, not a business. Mr. Avery—we would impact everything from Ellwanger on one side and Sharon, Center, Springdale by spot zoning for potential commercial use that would be much better if it were closer to Tenth Street. Mr. Pruitt—what you are pointing out is a connectivity issue, you enter the sight thru the neighborhoods. Mr. Bottorff—you do have multi-families close to there. Ms. Gill—do you own this property? Mr. Hobbs—we have sight control. We have not closed. Mr. Bottorff—how long has this been on the market? Mr. Ellis—this property was offered to the City. They would give the property to the City Parks Dept if the Parks Dept would do something with the structure and the Parks Board inspected the property, the condition inside had black mold in the basement and the Parks Authority did not feel it was worth investing money in; it was refused. Mr. Merkley— not only did they want us to take it over, maintain and fix it up they also wanted to continue to use it as their Optimist Club. This is a good deal for them, but not a good deal for the tax payers of Jeffersonville. Mr. Hobbs — things to consider, the proximity to Life Springs and the services we are looking to provide to create that path to self-sufficiency with the residences is huge. I want to encourage everyone to strongly take that into consideration and our willingness to create that kind of pocket park community concept. I would encourage you to consider the project type we are putting there and that is the reason for the rezoning. This a relatively small apartment complex next door to Life Spring where services can take place seamlessly and those individuals get the necessary training and support they need to be self-sufficient and productive citizens again. The proximity and the rezone are absolutely critical. We all know there is a need for permanent supportive housing in our community and the State has pointed out the lack of permanent supportive housing, especially in Jeffersonville. We are preapproved for tax credits, there is a time line that we do have and so your consideration for his project for whatever reason didn't go through, putting it back to a residential zone, we would walk thru that process again. Mr. Merkley—who would be your average tenant? Mr. Hobbs—a veteran who is experiencing homeless, someone who maybe challenges with opioids at risk of homeless, many of the Life Springs clients that are ready for housing. Ms. Bupp—what requirements would be made of them to live in that housing facility? Mr. Hobbs—the approach we take here is part of what we call housing first model. We cannot force anyone to have a case manager, we create a supportive environment where we encourage it, by understanding the individual goals with education, training and employment stand point and coach them along the way. They can walk Page 3 of 5 Jeffersonville Plan Commission Meeting—March 26, 2019 from Life Spring to the building and there will be areas for conversation, training, faith base community to build relationship in a safe and fun way with the residences. There is a high degree of permanent relationship building. Mr. Burgess— I visited other BWI properties doing research for this project, I can say that the vehicle density with these properties is low because few of the residence have or can afford a vehicle. Many are on bicycles and use public transit. We did not see a significant increase in vehicular traffic. Ms. Bupp — it is not the project that I have a problem with, they have to be somewhere. I have a concern with the rezoning change. Mr. Pruitt — I do want to point out to have this full conversation that all sides are taken into account, yes, there are probably low vehicle ownership stats, but it is high walk up stats, it that correct? Mr. Burgess—yes, but there is a trail from Life Spring to the development that is included in the plan so that they would be able to access the facility directly from Life Spring property off of Sharon Drive if by foot. Mr. Avery — in looking at our development plan with residential, commercial and industrial and then we have other usages. This is a medical usage for rehab and a good project, beneficial (Ms. Woolsey this is multi-family not medical) yes, but there are people there in need of services and if we spot zone this we are impacting a number of existing with a project that does not fit the character of that neighborhood. We are going to potentially negatively impact a lot of property rights of single family ownership in that area by spot zoning and putting it there. I also think it can negatively impact the potential for the overall vision for Tenth Street. This may work out there but it is a risky location and I don't think we should take that risk. Ms. Gill — I hear what they are saying, but that is not what you are telling me in the reports because you went door to door, correct? Mr. Burgess—yes, 122 doors with 70%contact, higher than normal. The type of service that someone needs should not be a detriment of where they can live. The service that these individuals might need at Maripose Springs is no different than some of the services of people who live at my apartment complex. I do appreciate your concern. Mr. Avery —The difficulty is not that this does not serve a good purpose, not that it is not needed, not that you are not going to fill it up and utilize it, but that the geographic area the properties around there you are actually inserting this usage into a single family residential area that is impacted a block away, two, three blocks away that is total out of character with the other usages. There are a lot of other potential sites that this would fit better. Mr. Hobbs — all due respect, this is our third site that we have looked at, and every sight has some challenges and issues, but this one according to Life Spring is ideal because it is next door. Mr. Avery —The difficulty is that we are going to impact a number of families, that have no idea that this is occurring and we could impact the rest of our Tenth Street growth and development. I think it would be best if we not approve it tonight, I will make a motion, if there is another site that would be better. This is not a good location. Mr. Ellis— in doing my due diligence, I went to Life Spring, had a tour of the facility. The facility that I went to year ago is nothing like what they have now. They have services for children, family, medical services, dental going on in the facility and that one of the reasons I found this to be favorable for their proximity to them. The director, said he would not get involved in someone else's program but would support this program. Ms. Bupp—one of the critical elements is exactly what you ask them. What they were asked? Mr. Burgess — canvassers introduced them self, said that they were conducting neighborhood research for BWI who is the purchasing company that bought the old Optimist site. That they have questions regarding changes to the site and how the neighborhood would perceive those. Would they have a few minutes to answers some question. From there we explained a little bit about the development. BWI is a company is looking to build a 3 story multi-family unit that could hold no more than 45 units for permanent supportive housing and that it would be in conjunction with Life Spring. If that caused any consternation or negative thought, of that we heard 4 immediately, 1 - a hard negative and that person had expressed a negative course back when Life Spring initially moved in. The 3 other were more concerned with late night loitering that currently exist in the woods at night. Their questions were based around if those people were going to remain and we told them it would be the goal of the facility and this would be for permanent support housing for people that we look to stay for many years as they got back into society and start contributing and working again. The 2nd question we asked knowing what the development is . . Mr. Pruitt—BWI has purchased group, if you present options Page 4 of 5 Jeffersonville Plan Commission Meeting—March 26, 2019 Mr. Burgess — we said the group purchasing the old Optimist Club. The second question involved the development itself. What would you like to see included on this roughly 4 acres. Currently there is a park there—do you want to see the park disappear. What kind of features do you want to see on the building? And we put a lot of feedback on these boards, people said they would like to see it set back close to Life Spring because that where services were going to be taking place. A lot of people knew there was a trail that leads to Life Spring. Almost everybody we talked to that had a neutral or positive talked about the park and how they did not want to see the park disappear. That is why BWI has put a lot of emphasis on building that out. We actually only had 1 person mention a walking path for seniors that was measured, we included it in the plan. The last question —what is your biggest concern seeing a development come into your neighborhood. Number 1 was security. In order to combat that they built an barrier around the building to prevent any possibility for those who aren't meant inside from wondering in. They looked at lighting and security, whether that is contracting off duty police or putting in a full time security guard on site that is a BWI decision. Mr. Pruitt—did you speak about the Tenth Street plan? Mr. Burgess—it wasn't specifically brought up since it was not part of BWI vision. Mr. Avery—there are other areas that this would be a better fit. I think it is a little potentially disruptive to families. It is not a walk-in commercial usage, it's not exactly a fit with the character of the neighborhood. I would like to make a motion if we are finished. Mr. McCutcheon — I think we are ready for a motion. We have discussed this topic thoroughly, I have some concerns, however, I think it is not this board's position; we are only here for a zoning request. We are not here to guide them to go look for property anywhere else. Are we going to grant it or request a table or are we going to make a motion. Mr. Avery— made the motion to send an unfavorable recommendation to the Council, Ms. Bupp seconded. Vote 2-4. Motion fails. Mr. Ellis — made the motion to pass the zoning request favorably to the City Council, seconded by Ms. Gill. Vote 4-2 (Avery, Buff) motion passes. Mr. McCutcheon — this request has been passed for a favorable recommendation to the Council, Council hearing will be Monday, April 1. Reports from Director and Staff Director: reminder that the Animal Control Ordinance will be on the docket next meeting, I will send a reminder that you must take some kind of action next meeting. Mr. McCutcheon — I would hope that we move if there are no changes. However, if Mr. White has gathered information that he wants to present for additions/changes we will review. Board comments: none Adjournment There being no further business to come before the Plan Commission the meeting was adjourned at 7:07 pm. C- /Ay --, Michae McCutcheon, Chair Submitted b6;t . 6 A Q, n .1 Peg rdaway, Secretary Page 5 of 5 Jeffersonville Plan Commission Meeting—March 26, 2019 EXHIBIT "C" 2019-OR-- S COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA April 1, 2019 The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, 500 Quartermaster Court,Jeffersonville, Indiana at 7:00 pm, on Monday, April 1, 2019. Council President Ed Zastawny along with City Clerk Conlin called the meeting to order at 7:00 pm. Mr. Bobby Campbell gave the invocation. Council President Zastawny asked those in attendance to stand and recite the Pledge of Allegiance. ROLL CALL:The roll call was conducted and those present were Councilperson Gill, Councilperson Maples,Councilperson Hawkins, Councilperson Owen and Councilperson Ellis, Councilperson Samuel and Council President Zastawny were present. Councilperson Jahn was absent from the proceedings and Councilperson White arrived at 7:04 PM during the approval of the claims. MINUTES TO BE APPROVED: March 18, 2019 Regular Proceedings—Councilperson Gill made a motion to APPROVE the minutes with Councilperson Owen seconding, PASSING on a vote, 7-0. March 18, 2019 Workshop -Councilperson Gill made a motion to APPROVE the minutes with Councilperson Owen seconding, PASSING on a vote, 7-0. APPROVAL OF THE AGENDA: Councilperson Owen made a motion to APPROVE the agenda with Councilperson Maples seconding, PASSING on a vote, 7-0. CLAIMS TO BE APPROVED: City Controller Heather Metcalf presented the General Claims. On page 5 there was a duplicate claim for ATT. They will be sending a refund check for that amount. Councilperson Gill asked if that money will go back into City Hall. It will. There is a claim for New Washington State Bank that needs to be increased $5.15 so that total is $43,720.60. So that increases the claims docket by the $5.15. Councilperson Gill asked if all claims were in order. They are in order. The new total is$1,103,234.94. Councilperson Gill asked if the cell phones were straightened out and the Account Payable vouchers were straightened out, and they are. Councilperson Gill made a motion to APPROVE the claims as changed with Councilperson Owen seconding, PASSING on a vote, 8-0. City Controller Heather Metcalf presented the Parks Claims list. There was a duplicate claim on page 4 in the amount of$28.53 for Sherwin Williams. The new total is $138,590.56. Councilperson Gill made a motion to APPROVE the claims for the adjusted amount with Councilperson Owen seconding, PASSING on a vote, 8-0. REPORT OF THE CLERK: Nothing at this time. UNFINISHED BUSINESS: 1. Ed Zastawny/Sarah Green 2018-OR-67 An Ordinance Amending 2016-OR-11 Which Amends 2006-OR-14 Ordinance Regulating the Treatment and Keeping of Domestic, Dangerous, and/or Vicious Animals Within the City Limits—Tabled until May 2019 No Action Needed 2. Ed Zastawny-Les Merkley—2018-OR-77 An Ordinance Amending The Jeffersonville Zoning Code (2000-OR-61) For Purposes of Establishing Regulations for Non-Commercial -Tabled until May 2019 No Action Needed NEW BUSINESS: 1. Ed Zastawny/Les Merkley—2019-OR-12 An Ordinance Changing the Zoning Map Designation of a Certain Tract of Property Located at 61 Louise Street and Fully Described in Attached Exhibit A From R1 to M3—City Attorney Les Merkley presented 2019-OR-12. This comes with a favorable recommendation from the Planning Commission. The applicant was present to answer any questions, BWI Mariposa. Ryan Mitchell was present from the company and provided an overview of the project. It will be a 45 unit multi-family housing construction. This will be a long term transitional housing for homeless with provided wraparound services. Council President Zastawny opened the Public Hearing at 7:12 PM. Beth Kenney—representative from Life Springs, present to answer any questions and in support of the project. Lianeer Hobbs -just present to support the project. Public Hearing was CLOSED at 7:12 PM. Councilperson Gill said the only concern she had heard was regarding the lighting of the project. Councilperson White recommended the petitioner be in contact with CASI regarding this project. Councilperson Hawkins asked who would develop the criteria for being admitted for this housing. BWI will develop the criteria and Lifesprings will oversee it. Council President Zastawny asked who would maintain ownership and maintenance. The way this is written it cannot exchange hands for 15 years minimum. Councilperson Owen said he appreciates this type of project. Councilperson White recommended the applicant additionally get in contact with Judge Adams. Councilperson Maples made a motion to APPROVE 2019-OR-12 with Councilperson Ellis seconding, PASSING on a vote, 8-0. 2. Ed Zastawny/Heather Metcalf—2019-OR-13 An Ordinance Transferring Certain Funds within the Same Department—City Controller Heather Metcalf presented 2019-OR-13. This is for Street and Sanitation and part of this is to repair a garbage truck. Councilperson Gill made a motion to APPROVE 2019-OR-13 with Councilperson Owen seconding, PASSING on a vote, 8-0. DEPARTMENT HEAD REPORTS: Nothing at this time. REPORT OF THE COUNCIL ATTORNEY Nothing at this time. PUBLIC COMMENTS: Nothing at this time. COUNCIL COMMENTS: Councilperson White—The ribbon cutting for the Bike Share was a great event, and they were able to hand out free helmets. There are three stations downtown and it is very inexpensive and nice to ride around town or across the bridge. • Councilperson Maples—Nothing at this time. Councilperson Gill—Councilperson Gill requested workshop. The Circuit Breakers came back higher than expected and this needs to be addressed ASAP so the departments can know what to do for their budgets. She would like for this to be before the next Council Meeting at 6 PM. In regards to the Bike Share she has been seeing them everywhere, they are very popular. Councilperson Hawkins—Nothing at this time. Councilperson Owen —Councilperson Owen would like to recognize the Vice President of the Parks Authority Dr.Josh Cornberg for receiving his PhD. In regards to Redevelopment update, 10th Street should be completed around the end of May. He does not have an update on the animal shelter yet. Councilperson Ellis— Nothing at this time. Councilperson Samuel—Councilperson Samuel was at the Building Commissioners office today and they were very busy, it's great to see that. Councilperson Samuel recognized two Boy Scouts present, Miles and Max Corsen. They discussed their concerns for the City, the lack of a stop light at the intersection of Middle Road and Port Road as well issues concerning homelessness. Projects like what was presented today will help to address that homelessness. Council President Zastawny—Council President Zastawny said he recently looked up some information regarding affordable housing. Jeffersonville is the most affordable of the surrounding areas. ADJOURNMENT: Councilperson Samuel made the motion to ADJOURN and the meeting adjourned at 7:34 P.M. APPROVED BY: Ed Zastawny, President AST: —LEA. 6A-L— Vicki Conlin, Clerk EXHIBIT "D" 2019-OR- 3S • COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA May 6, 2019 The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, 500 Quartermaster Court,Jeffersonville, Indiana at 7:00 pm, on Monday, May 6, 2019. Council Vice President Lisa Gill along with City Clerk Conlin called the meeting to order at 7:00 pm. Rabbi Litvich gave the invocation. Council President Zastawny asked those in attendance to stand and recite the Pledge of Allegiance. ROLL CALL:The roll call was conducted and those present were Councilperson White, Councilperson Maples, Councilperson Gill, Councilperson Hawkins, Councilperson Owen, Councilperson Ellis, Councilperson Samuel and Council President Zastawny. Councilperson Payne was absent from the proceedings. MINUTES TO BE APPROVED: April 15, 2019 Regular Proceedings—Councilperson Owen made a motion to APPROVE the minutes with Councilperson Maples seconding, PASSING on a vote, 8-0. April 15, 2019 Special Meeting—Councilperson Owen made a motion to APPROVE the minutes with Councilperson Gill seconding, PASSING on a vote, 8-0. April 22, 2019 Special Meeting—Councilperson Owen made a motion to APPROVE the minutes with Councilperson Gill seconding, PASSING on a vote, 8-0. APPROVAL OF THE AGENDA: Councilperson Gill made a motion to APPROVE the agenda with Councilperson Owen seconding, PASSING on a vote, 8-0. CLAIMS TO BE APPROVED: City Controller Heather Metcalf presented the General Claims. Councilperson Gill noted that there is a claim for over$500,000 to be paid for our remaining share of the 911 fee. This will be our last payment. Councilperson Gill asked if all other claims were in order and Controller Metcalf stated they are. Councilperson Gill made a motion to APPROVE the claims with Councilperson Owen seconding, PASSING on a vote, 8-0. Councilperson Samuel noted that on page 3 there is a claim for Mission BBQ that is listed under Subscriptions and Dues. Controller Metcalf stated that is incorrect. City Controller presented the Parks Claims. Councilperson Gill asked if all claims were in order and Controller Metcalf stated they are. Councilperson Gill made a motion to APPROVE the Parks Claims as presented with Councilperson Owen seconding, PASSING on a vote, 8-0. REPORT OF THE CLERK: Nothing at this time. UNFINISHED BUSINESS: 1. Ed Zastawny/Sarah Green 2018-OR-67 An Ordinance Amending 2016-OR-11 Which Amends 2006-OR-14 Ordinance Regulating the Treatment and Keeping of Domestic, Dangerous, and/or Vicious Animals Within the City Limits—Councilperson Gill made a motion to REMOVE with no action taken with Councilperson Samuel seconding, PASSING on a vote, 8-0. 2. Ed Zastawny- Les Merkley—2018-OR-77 An Ordinance Amending The Jeffersonville Zoning Code (2000-OR-61) For Purposes of Establishing Regulations for Non-Commercial—Council President Zastawny opened the Public Hearing at 7:11 PM and as no members of the community came forward to speak for or against the matter the Public Hearing was closed. Council discussed changes proposed in Ordinance. There was concern that the size of the square footage needed for larger animals was too small and would allow these animals to be in many subdivision even though they may not be appropriate for the subdivision. Council discussed changing the 1500 square foot to a full acre which is approximately 4500 square foot. Councilperson Hawkins made a motion to AMEND 2018-OR-77 to change 1500 square feet to 1 acre with Councilperson Maples seconding, PASSING on a vote, 8-0. Councilperson Owen made a motion to APPROVE 2018-OR-77 as amended with Councilperson Maples seconding, PASSING on a vote, 8-0. 3. Ed Zastawny/Heather Metcalf—PUBLIC HEARING 2019-OR-15 An Ordinance of Additional Appropriation Passed on 1st and 2nd reading 4/15/19—This is for the $165,000 that is needed to purchase land to fix a drainage issue. Council President Zastawny opened the Public Hearing at 7:22 PM and as no members of the community came forward to speak for or against the matter the Public Hearing was closed. Councilperson Gill made a motion to APPROVE 2019-OR- 15 on the third and final reading with Councilperson Maples seconding, PASSING on a vote, 7-1 with Councilperson Ellis voting against. City Attorney Les Merkley requested that the Claims be amended to reflect this so the closing would not be delayed. Councilperson Gill made a motion to AMEND the Civil City Claims for a new total of$2,087,029.49 with Councilperson Owen seconding, PASSING on a vote, 8-0. 4. Ed Zastawny/Heather Metcalf—PUBLIC HEARING 2019-OR-16 An Ordinance of Additional Appropriation—City Controller Heather Metcalf presented 2019-OR-16. There have been no changes since the last meeting. Council President Zastawny opened the Public Hearing at 7:24 PM and as no members of the community came forward to speak for or against the matter the Public Hearing was closed at 7:25 PM. Councilperson Ellis said he will continue to vote against Additional Appropriations. Councilperson Owen made a motion to APPROVE 2019-OR-16 on the third and final reading with Councilperson Maples seconding, PASSING on a vote, 6-2 with Councilperson Ellis and Councilperson Samuel voting against the matter. NEW BUSINESS: 1. Ed Zastawny/Les Merkley—PUBLIC HEARING 2019-OR-17 An Ordinance Changing the Zoning Map Designation of a Certain Tract of Property Located at 1805-1807 East 8th Street and Fully Described in Attached Exhibit A From Cl and R2 to IS—City Attorney Les Merkley presented 2019-OR-17. This is in reference to a rezoning request for a property located at 1805-1807 E. 8`h Street. It will go to Institutional and will be used as a church and administrative offices for the church. Brad Benson from Applegate, Fifer, Pulliam was present on behalf of the applicant. This comes with a favorable recommendation from Planning Commission. Council President Zastawny opened the Public Hearing at 7:29 PM. Susan O'Neal —26 Center St—She wanted to know if this property will be a church and an administrative office setting. Mr. Benson informed her that the administrative office will be for the church, not additional entities. Council President Zastawny closed the Public Hearing at 7:31 PM. Councilperson Owen made a motion to APPROVE 2019-OR-17 with Councilperson Hawkins seconding, PASSING on a vote, 8-0. 2. Ed Zastawny/ Heather Metcalf—2019-OR-18 An Ordinance Transferring Certain Funds within the Same Department—City Controller Heather Metcalf presented 2019-OR-18. Councilperson Samuel made a motion to APPRVE 2019-OR-18 on the first and second reading with Councilperson Owen seconding, PASSING on a vote, 8-0. 3. Ed Zastawny/Heather Metcalf—2019—OR-19 An Ordinance of Additional Appropriation Public Hearing May 20, 2019—City Controller Heather Metcalf presented 2019-OR-19. The first four are for appropriating revenues that were obtained by selling assets. The fifth amount is a reimbursement from insurance. The last amount is for the vehicle for Vehicle Maintenance. Councilperson Owen made a motion to APPROVE 2019-OR-19 on the first and second reading with Councilperson Maples seconding, PASSING on a vote, 7-1 with Councilperson Ellis voting against the matter. DEPARTMENT HEAD REPORTS: Paul Northam—Parks Department—Bob Hedge Park is in need of a flooring surface. The current one is beginning to be a safety risk to the people who visit. Mr. Northam has obtained price points and it looks like it will be right around $120,000 to do correctly. City Controller Heather Metcalf discussed options of funding for this. Mr. Northam would like to request an additional appropriation during the next meeting. Councilperson Samuel made a motion for the funding to come from Parks ($100,000) and EDIT ($20,000) with Councilperson Hawkins seconding, PASSING on a vote, 8-0. REPORT OF THE COUNCIL ATTORNEY Nothing at this time. PUBLIC COMMENTS: Kelly Lehman—45 Louise St. —Most are here to talk about the same thing. The Mariposa Springs wanting to build a permanent supportive living. We did not receive a survey or any communication. Opposed to it. She feels it is not an appropriate area for that type of building. There are other areas that could be located for this project. Doug Brewer—59 Louise St. —He didn't get a letter but was on the list saying they received the letter. He felt they misrepresented themselves as they were just redoing the property and feels as though he was misinformed. Mike Turner— 1030 Sharon Dr. —This will be 50 feet from his back yard. There has been zero communication with him on this. Everyone has been told something different and misled. They have been told everything from a revitalized park to an elderly community. He will fight this from being in his back yard. He wants to provide a safe environment for his family. There is a need for a facility of this nature in this city but not in a residential neighborhood. Vicki Harris— 1805 Long St.—Her concern is the lack of disclosure. She lives on the corner and did not receive any communication for this. If it was done then it was in the middle of the day and this is a working class community. She is concerned about the children with this type of facility being nearby. We don't need any more types of facilities that will bring this type of people in and is concerned about the property values. If they had done their job we wouldn't all be here. Vicki Daniel—12 Louise St.—She is worried about the neighborhood and would like some more information. It is bad enough there are a lot of homeless people in the area and she would like more information on the project. Angie Briles—917 Sharon Dr. —They just got rid of a drug house in the area. Nobody will help them except the police. This isn't going to help anyone and she wouldn't want her grandchildren playing around this place. Lanier Hobbs—5409 Utica Sellersburg Dr.—He is concerned about the breakdown in communication for this project. Is there any ideal place for this type of facility? He does care about what is happening in the community. This project is to reach out to help and bless people who are unfortunate. This cause is near to his heart and homelessness is something that could affect any family. This is needed in our community and all across America. The homeless population are a part of our community as well. Gina Flynn—39 Center St. —She saw where Councilperson Gill said this is a supported project by the community and it is not a supported project. It was supposed to be certified mail notices that were sent out and nothing was certified. This will decrease property value and increase crime. It should be down by Krogers if it needs to be in Jeffersonville. She would like another vote taken on this matter since this was done in a deceptive way. Ms. Flynn submitted a petition with 166 signatures opposing this project. Lisa Higdon— 16 Louise St.—These people need help however they choose to be homeless. There would not be a homeless problem if it wasn't for the methadone clinic. Elizabeth Himmelheber—34 Center St.—She opposes all of this. This needs to be single housing. Her concern is that Turning Point is a 30 days program and nobody gets clean after 30 days. Jeffersonville is not ghetto town. It's bad enough that Turning Point and Lifesprings are here. Susan O'Neal—26 Center St.—The whole Council realizes that this is not a welcomed project. They were uninformed and felt as though the Council did not adequately inform them on the project. They wanted to hear from their Council. Larry Brown— 18 Center St. —He does not believe this will help anyone. If you want to help someone force them into treatment and force them to stay. Rewarding bad behavior brings on more bad behavior. Without rules and law you are wasting your time. Gary Hobbs—9026 Summer Estate, Indianapolis, IN—He would like to apologize, he did not know the letters from the City did not reach the residents. This is not the first project for helping the homeless that he has worked on. They have seen lives change and he wants that for the Jeffersonville community. There is a need for those who have challenges but do not have support. There will be criteria put in place for people who what to change. There will be a Public Input session on May 16'at 5:30 and he would like to see everyone attend. Kelly Dattilo—236 Meigs Ave.—She is here to discuss the Anti-Semantic remark that was made by Council Person Gill. She would like to see a Diversity Training for the Council, something that would prevent future occurrences like this. Hate is learned and she does not want to see this tolerated in the City. Jack Vissing—Mr. Vissing stated he was never made aware of the Mariposa project. They said that they could not find him. He was the former attorney for the Planning Commission and if they had looked to locate him they could have. This is not the way the event should have occurred. This needs to have an end put to it. Councilperson Owen—As it was mentioned, originally this project was slated to go somewhere else. He was impressed with the developer when the neighborhood expressed their disinterest that the developer went elsewhere. He is not pleased that people got different stories in this instance about what would be developing there. Nobody the Council has said that this project should go at this location. There are no tax dollars or tax credits slated for this project. He feels something like this is completely necessary for the community but believes that everyone has a right to feel how they feel about the project. The development plan still has to be submitted. There was no intention on his art to misguide or push anything through. He appreciates everyone coming tonight to have their voices heard. Councilperson Hawkins—Mr. Gary Hobbs: He does not know you but he feels that you are a blessing to whatever community he serves. What he does is needed and bless him for doing it. There is a process for this and that process broke down this time. This has been working in the past but now maybe the Council needs to look at that process to see if it can be made more efficient. The Council only know what they were advised and now they know more. Councilperson Ellis said that he did the very best he could with what he knew. He suggested from day one that a meeting be held in the community to prevent issues such as this. Council President Zastawny said that he concurs with the other Council. He apologizes for the heartache that came along with this. There will be Public Input meeting on May 16 at 6:30 PM. COUNCIL COMMENTS: Councilperson White—Nothing at this time. Councilperson Maples—This week our community had two Judges that were shot in Indianapolis. Please keep them in your thoughts and prayers. It is very unfortunate and he is glad that they are recovering. Councilperson Hawkins—Happy honeymoon to Councilperson Payne. Councilperson Gill—Nothing at this time. Councilperson Owen—Nothing at this time. Councilperson Ellis— Nothing at this time. Councilperson Samuel—He apologizes for being out of town last meeting. He is concerned about the Circuit Breakers and would like to see that further addressed. ADJOURNMENT: Councilperson Owen made the motion to ADJOURN and the meeting adjourned at 8:46 P.M. 7 APPROVED BY: ' / i , Es .stawny, Presid; t ,` ATTEST: n it C r Vicki Conlin, Clerk EXHIBIT "E" 2019-OR-3 5 MINUTES OF THE JEFFERSONVILLE PLAN COMMISSION May 28, 2019 Call to Order Chairperson, Mr. McCutcheon, called the meeting of the Jeffersonville Plan Commission to order at 6:05 p.m. in the City Council Chambers,Jeffersonville City Hall, 500 Quartermaster Court,Jeffersonville, Indiana. Roll Call Members present were: Duard Avery, Chris Bottorff, Kathy Bupp, Ron Ellis, Lisa Gill, Dustin White (arrived at 6:10) and Mike McCutcheon. Those members not present: all present. 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 April 28, 2019 Minutes, seconded by Mr. Bottorff and motion passes 6-0. Approval of Docket Motion was made by Ms. Gill to approve the Docket with new business items tabled: #4 PC-19-21 Development Plan Approval Peyton's Barricade & Sign; #6 PC-19-23 Rezoning Family Ark both at the request of the applicant, seconded by Ms. Bupp and motion passes 6-0. Approval of Findings of Fact: None Public Hearing Docket Old Business: None New Business PC-19-28 Rezoning The City of Jeffersonville filed a rezoning application for 3.46 acres of property located at 61 Louise Street. The current zoning is M3 (Multi-family Residential) and the proposed zoning is R2 (Single Family Residential). Mr. Les Merkley, City of Jeffersonville Legal Counsel appeared stating the Rezoning Application is withdrawn. Mr. Nathan Pruitt Director of Plan Commission for the City of Jeffersonville requested approval of a Petition for Plan Commission to Initiate Rezoning of Property and Order to Initiate Proposal for Rezoning of Property based on misleading information from the applicant and that this project does not follow the Comprehensive Plan that was adopted. Mr. White arrived. Mr. Merkley indicated that this process will require two public hearing to allow all parties an opportunity to review and state their support, and or objections to the application. Page 1 of 5 Jeffersonville Plan Commission Meeting—May 28, 2019 • Public comments: Mayor Mike Moore 803 East Court Avenue Jeffersonville—stated he believes the City Council, Plan Commission and neighborhood was misled and that BWI did a poor job presenting their project. Tenth Street is a big part of the Comprehensive Plan and if you look at the Optimist Club sight is for single family housing. This is not a good sight for multi-family housing. Mr.John Kraft, Young, Lind, Endres& Kraft 126 West Spring Street New Albany - request a motion to dismiss based on Indiana Code; owner not notified nor applicant. Mr. Merkley—application withdrew. (Against) Dan Pierson 19 Louise Street—agrees this was misrepresentation of the project. Survey I took was if I had an opinion, no, they turned my no into a yes. I believe we do need to help the needy so I did some research and found a location on Eastern Boulevard before the 1-65 overpass. (Against) Elizabeth Himmelheber 34 Louise Street—asked how the Board is appointed? Do it for Sandy Heights. There were no signs, we were misled. (Against) Kathy Brewer 59 Louise Street—I saw the sign up one day. Help the working poor—not multifamily. I did not receive any letter. Canvasser talked to my husband about the park not the project. (Support) Peggy Metzger—representing 61 Louise Street (Optimist Club)—Optimist members are growing old, the building is getting old and no neighbors are volunteering to continue our programs. Our funds go to local student scholarships. We see problems with graffiti on the fence and playground. There is a need for this project. (Against) Larry Brown 17 Center Street—hates to see our community turn to this; how does this group know what's best for us. There is no accountability. This is not the answer. Not in my neighborhood. No neighborhood support. (Against) Susan O'Neal 26 Center Street—indicated she asked Ms. Metzger of the Optimist Club to back out, Ms. Metzger said it was going to be a nursing home. No one told me. It should stay residential. (Support) Gary Hobbs BWI 5902 R 34`h Indianapolis—no changes have been made, this is not rehab, not a shelter. This is apartments for homeless and people with disabilities. It will be a successful project in Jeffersonville. Property values will not go down. This is a fear issues based not on proper facts. We designed the structure with input from the community. This is for people who are transitioning back into society. The rezoning request will not stop this project—we can still build tiny homes. We represent the people without a voice—vote to help them be accountable, to reconnect with family and get jobs. This location is next to Life Spring and we thought a supportive community. Give us the opportunity to make this work. (Against) Margaret Joiner 52 Louise Street—we care about our neighborhood. We are not heartless. (Against) Alberta Turner 10 Sharon Drive—received no survey, no letter. Don't say we don't care. This was misrepresented and should not be in a residential neighborhood. We have a voice, I care, and I am a care giver. (Against) Phyllis Hilton 26 Louise Street—How many meetings do we have to attend to stop this project? There will be no supervision, the story keeps changing, we are not afraid. This fear you talk about is happening already: stealing and crime. Has 160 names of her survey with neighbors. This is not right. (Support) Loyd Sprowl 1440 Central Avenue Indianapolis—what we did in Indianapolis was rehab a building which brought property value up and this gave people an opportunity to better themselves. The notion not in my backyard did not hurt us. My wife and I continue to support the program in our area. (Against) Richard Bibelhauser 6138 Highway 111 Sellersburg—owner of two investment properties on Center Street; low budget housing will bring down the property value of his investments. Did not receive letter. (Support) Barbara Anderson Haven House for Homeless—I currently work with the homeless and 6 blocks away is Life Spring. This is a $10 million project and it will be a great project. Maybe communication not handled well. 57%of residents at Haven House is Jeffersonville citizens. We have limited low income housing and there is an increase of homeless in Jeffersonville. We need to plan for this need. Haven House residents include a 92 year old veteran, and older divorced women who have no place to go other than the shelter. If not here we need to find a place for this; regroup—find a place for BWI in Jeffersonville. (Against) Terri Jewel 28 Center Street—did not know anything about this. Attended both the Mayor's meeting and BWI meeting— Life Spring was not present. We do not want police/ambulance making trips to our neighborhood 3-4 times a day. The City is not capable of supporting special needs children. Page 2 of 5 Jeffersonville Plan Commission Meeting—May 28, 2019 (Against) Kari Beeson 43 Louise Street—received no zoning information; this is the same project as the Bridgepoint request. (Support) Ryan Mitchell 226 St Andrew Avenue—managed this project and have met with the City four times, probably had 20 e-mails and 20 phone calls. Bridgepoint had great support who liked the project just not in my backyard. So we looked at 100+sights, met with the City, reduced it down to 6 sights that the City approved. Purchased sight—we could not walk away. We have over 1,000+ hours in sight selection. This is something close to Tenth Street, stores, bus line and Life Spring. Misleading? The Board did not tell us. We accumulated information, which was not necessary and we did get recommendations. We done our best, never spent this much time and money for a sight. Mayor Moore—have you ever met me? Mr. Mitchell—no. Mayor Moore—Mr. Hobbs hurt feelings of the neighbors with suggesting that they do not care. Mr. Burgess was misleading with questions. Board we are here for the people. The Plan Commission, City Council and neighbors were deceived. (Against) Kelly Lehman 45 Louise Street—received no letter. Who will Optimist now sell to? Homelessness is an important issue this is not the right setting. Yes we will have fears—with wire fencing, why is it needed? Mr. Hobbs—it is important that I apologize; I did not mean you are not a caring community. We have been here to meet, met with the Mayor, Kelly Burn to help the City with those without a voice. We have a passion to help the homeless and disabled and give them a quality of life. An option is to build single homes. This is not a zoning issue. Close public comment. Mr. Merkley—we did meet with BWI and advised that they hold public meetings and review the Tenth Street master plan. We did not have the political canvasser survey questions or results and it is not true that the City agreed to this. Before you tonight is to start this petition which will require public hearings to rezone this property. Ms. Bupp—I would like to address that BWI misrepresented the project and the survey information which is why this Board sent a favorable recommendation to the City Council of the rezoning of this property. Mr. White—There will be no City property tax used in this project; it will be supported by a State Grant. I understood the project and I am for the project. Is the contract pending? Mr. Mitchell —no, but money is in escrow. Mr. Merkley—there is no damage to BWI, no liability. Mr. Bottorff—did the City Council misunderstand? Mr. White—no Mr. Ellis—I voted in my City Council role because of the survey results Mr. Burgess reported. That BWI contacted and met with neighbors. Life Spring—has no opinion for or against the project; but would support it if it should happen. Mr. White—I would prefer this be handled by the City Council; I have concern about a $1.7 million project to stop it and I don't want to pay to stop this project. Mr. McCutcheon —I was concerned that no objectors attended the first meeting. Mr. Avery made the motion to grant the petition to initiate the re-zoning of this property, seconded by Ms. Bupp, and motion passes 6-1 (White). Mr. Pruitt—discuss dates for special meeting—meeting will be held June 25 at 6 p.m. PC-19-19 Rezoning Jack Fowler has filed a rezoning application for a 0.23 acre parcel located at 1001 East Tenth Street. The current zoning is R3 (Old City Residential) and the proposed zoning is NC (Neighborhood Commercial). The zoning request was filed in response to Planning and Zoning's initiative to "right-size" zoning in this corridor following completion of the Tenth Street reconstruction project. Mr. Pruitt presented for this property. We offered to property owners a one-time no fee zone change for several properties along Tenth Street—this is one of those properties. Public comment: support—none; against—none Motion made to approve the request by Ms. Gill, seconded by Mr. Bottorff and motion passes 6-0. (Avery out of Chambers) Page 3 of 5 Jeffersonville Plan Commission Meeting—May 28, 2019 PC-19-20 Rezoning Request Edward and Diane Henley filed a rezoning application for 2 adjacent parcels of property located at 903 East Tenth Street and 905 East Tenth Street. These parcels are .10 and .11 acres respectively. The current zoning is Cl (Small to Medium Scale Commercial) and the proposed zoning is NC (Neighborhood Commercial). This Zoning request was filed in response to Planning and Zoning's initiative to "Right-size" zoning in this corridor following completion of the Tenth Street reconstruction project. Mr. Pruitt presented for this property. We offered to property owners a one-time no fee zone change for several properties along Tenth Street—this again is two of those properties. Public comment: support—none; against—none Motion made to approve the request by Ms. Gill, seconded by Mr. Ellis and motion passes 6-0. (White out of Chambers) PC-19-22 Development Plan Application Tajana Johann filed an application for development plan approval for property at 528 Spring Street. The proposed development is a restaurant with outdoor dining planned for a future phase. Representation: Shawn Vest 143 Second Street Charlestown This will be our second restaurant; we currently own/run Charlestown Pizza. We plan to build additional space for kitchen and have patio seating on the lot. Mr. Pruitt—we will need lighting plan to review. Mr. Vest currently no additional lighting planned. Public comment: support—none; against—none Board questions: none Motion made to approve the application by Mr. Gill, seconded by Mr. Bottorff and motion passes 6-0 (White out of Chambers). PC-19-24 Development Plan Application Richard Chism filed an application for development plan approval for part of the property at 5507 Highway 62. The proposed development is an approximately 4,500 square foot carwash. Representation: Jennifer Caummisar-Kern, Accurus Engineering 2780 Jefferson Centre Way Suite 204 Jeffersonville • Side setback 18.72 ft • 0 foundation plantings provided —in lieu of fee to be paid • Perimeter landscaping; 15 provide on side and rear; 0 at street Public comment: support—none; against—none Board questions: none Letters/calls: none Motion made to approve the application by Mr. Gill, seconded by Ms. Bupp and motion passes 6-0 (White out of Chambers). PC-19-25 Development Plan Application Mike Leonard for Hogan Property Development Co filed an application for development plan approval for part of the property at 600 West 9th Street. It is Lot 3 of Jeffersonville Gateway. The proposed development is an approximately 3,500 square foot building restaurant with a drive thru and retain tenant space. Representation: Kevin Young • Dumpster within front setback; to enclose 3 sides • Evergreens—3 • Deficit 14 trees on perimeter landscape • Parking project into front and side setbacks • 2 monument signs proposed 48 square foot maximum Page 4 of 5 Jeffersonville Plan Commission Meeting—May 28, 2019 Board discussed lighting, and signs issues out of standard. Public comments: support—none; against—none Board Comments: none Motion made by Ms. Gill to approve the application contingent on lighting plan to be reviewed by Staff and review of dumpster material by Staff, seconded by Mr. Bottorff and motion passes 7-0. PC-19-26 Rezoning Request Scott Adams filed a rezoning application for approximately 1.19 acres of property located on Brookhollow Way. The current zoning is M1 (Multi-family Residential) and the proposed zoning is R1 (Single-family Residential). The applicant plans to build one single family house. Representation: Scott Adams with Discovery Builders Public Comment: support—none; against—none Board comment: none Letters: none Motion made to approve application by Ms. Gill, seconded by Ms. Bupp and motion passes 7-0. PC-19-27 Rezoning Request Brandon Denton for Iron Street Partners LLC filed a rezoning application for multiple parcels off Highway 62 and Gottbrath Parkway that make up the Bridgepointe Commons Planned Development. The applicant is requesting to make changes to the Planned Development Standards, specifically relating to building materials in the Aesthetic Character Standards. Representation: Camille Hesen Heritage Engineering 603 North Shore Drive Jeffersonville • Propose to use 3 materials and no more than 60%of any one building material Public comment: support—none; against—none Letters: none Board comments: none Motion made by Ms. Gill to approve application, seconded by Ms. Bupp and motion passes 7-0. Reports from Director and Staff Mr. Merkley request Board to attend upcoming Speedway case with Judge Mediation Friday, May 31; Gill, Bupp, Ellis and McCutcheon plan to attend. Adjournment There being no further business to come before the Plan Commission the meeting was adjourned at 8:42 p.m. Ac, gi Michael McCutcheon, Chair Submitted by. - •e:g It-r aw y, Secretary Page 5 of 5 Jeffersonville Plan Commission Meeting—May 28, 2019