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HomeMy WebLinkAbout2022-OR-08 Ordinance Failed 0-9 on 2/7/2022 rp,/ gD o-q STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2022-OR- AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 3616&3618 UTICA-SELLERSBURG ROAD AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1-SINGLE FAMILY RESIDENTIAL TO M3-MULTI-FAMILY RESIDENTIAL Whereas, Brian Lenfert, Lenfert Properties, LLC,filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 3616& 3618 Utica-Sellersburg Road and fully described in the attached.Exhibit A from R1-Single Family Residential To M3-Multi-Family Residential and, Whereas, on January 25, 2022 the Jeffersonville Plan Commission has certified its unfavorable 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 February 7, 2022; 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 on a portion of 3616 &3618 Utica-Sellersburg Road and fully described in the attached Exhibit A is hereby changed from R1- f Single Family Residential to M3-Mulit-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. SO ORDAINED this 7th day of February, 2022. } Common Council of the City of Jeffersonville, Indiana VOTED FOR: V TED AGAINST: 6 e i ice. oi! apaiwp Mat Owen, re ent ATTES • Lisa G II City Clerk Prepared by: Les Merkley Corporate Counsel CITY .0 OF 41E IF.2F EAR.•:'S':-,C5:IV 'Nf I .L. 1::: - '..; ': •' . , • -... . .. • ,. , . ,- - c.DEPARTMENT OF ,IlAW i • 1 • 1 Les Merkley,Corporation COunsel/Director of Legal Affairs . . - , . • ... , 812-285-649,3 office 1 •.812-285-6403 fax . E . . , .`‘'.,,,."-'abilk, •. 1-3,, ;, , . 1 ...:z _ 32:..; ill ! www:cityofjeff.net 1 ill• ,-•-..... •••••••r—..., . 1 , - 4;ii,• „.vt-.--: cJefforsonville.City Hall 500 QpaiiIETEGR6CifIE CITY COUNCIL OF JEFFERSONVILLE, INDIANA Jeffersonville,Indiana 47130 . . . IN THE:MATTFR 9EIKQMINANW- •'' ..' , --••,' •"'y%. ,• •• ' ' .'• : ',',,....,.:,:.. -„ ,. .. . . CHANGINg-TI-IE;ZONINQ'W • • • - -- -,- -• - • . DESIGNATION,of A CERTAIN TRACT OF PROPERTY LOCATED AT 1616 AND',361f UTICA-SELLERSIIORG ROAD. AND FULLY IN ATTACHED EXHIBIT.A.FROKRI:(SINP4E FAMILY RESIDENTIAL).TO M3-(MULTI-FAMILY ' RESIDENTIAL): i . ,NOTICE OF HEARING ON ORDINANCE CHANGING. THE'ZONING MAP' tiESIGNATiONIOF A CERTAIN TgAer OF:PROPERTY LOCATED AT 361.6:: AND 3618.UTICA-SELLERSBURG ROAD AND FULLY DESCRIBEDIN' ! : ATTACHED EXHIBIT A FROM121.(SINGLEFAMILY RESIDENTIAL)TO M3 :(MULTI4AMILY'RESIDENTIALI , . 1 i . .NOtiCeishereby giveitthat:the.City of JefferSeiWille haSfiled:ail kWh-land&with, ,. _ the Jeffersonville City'Council, effergoville; Indiana asking a:',•ehange,:in'the.20bing : map designation of certain tract of property located at.3616. and 3618'iitipSellettnrg. Road as recommended by the'Plan Commission from RI-Single Family Residential to M3-Multi-Fatnily:Residential. . . A public heating will be WA on February 7,2022 at 7:.00 pm in the pity Council Chambers, 1st',fippriqtyjiall,500 sQtiatterrnaster Q-nprt;,'Room in Jeffersonville, Indiana.at which time and place all interested persons will be heard in refeteriCe,to the Matters;Set.ont:iff said otdihance. The Meeting will also be live stieartied gitthe..-Cit.y.of.teffetsonville website;www.ditvajeffilet. Written'coMmerits:must'be..stibinittpd:to.the-rcity,cleric by noon on Friday, February 4;.20214 delivering such comments to Lisa Gill, city clerje,;Suitell5k:city- - , . ,. Hall,,500,-.Quartett4Stet Court, Jeffersonville, Indiana 47130 Citizens.v.A.Shing-to present oral comments in pi son must itotifyAhe:City Clerk at the above addreSS',at least 241.hdUrS before the hearing, n-order that social distancing accommodations may be madefOilliese in 4ttendance.dueAq.:COVIDA 9' '! __.-L--s., , . ey ' • '1 : , . . Cotpotation Cbtmsel : Jeffersonville City'Hall : ! 500 Quartermaster Courti . ' •Jeffetsonville,IN 471-30 O12yr285:-.643• . . • i 1 1 . . .. i 1 , 1 . . , i 1 : •, STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF: Lenfert Properties, LLC I PC-22-06 TO REZONE CERTAIN TRACT: 3616 & 3618 Utica Sellersburg Rd (10-42-03-600-197.000-039 & 10-42-03-600-131.000-009) FROM: R1 (SF Residential) to M3 (Multi-Family Residential: Large Scale) CERTIFICATION OF FAVO LE/ FAa VORABLE/N RECOMMENDATION ' OF PR CE Whereas, Lenfert Properties, 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 M5 ; Docket number PC-22-06 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on January 25. 2022 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 the Property to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on January 25. 2022 , the Jeffersonville Plan Commission (circle one): Favorably Recommends/ Unfavorably Recommends/ Provides NO Recommendation J ' 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 Lenfert Properties. LLC • So certified this 25th day of January , 2022 • xt.A6.44:i .0 • t\itc Chairman • G% . O Plan Commission . * -r * . $tall Report : ,\ ' January"25,'2022. . . 41 . i ii : :::.. •: :•-:•'''• : 41‘• Iir,A( t* Case No.: FC 22-06 - . (:, '��t ra Location:' 3616=& 3618:Utica Sellersburg:Road - 1 - Applicant Brian Lenfert with.Lenfert Properties, LLC r Current Zoning: RI..(Single-Family:Residential H Large Lot) : : Proposed Use M3.(Multi-Family Residential .Large Scale) - i4S0 Council District: . District 6 Steve Webb' . . -�_, - l lest : a,kcvt-, -- =— 7 M Rezone property from RI (Single Family Residential ' :, - ,, - Large Lot)to M3,(Multi-Family Residential—Large.Scale): �''. v.-4; , ,�,, ,�� • T 5 Case Summary l . �+^. .i� ``o l,`. :The applicant is requesting to.rezone the property in order .:� ;;.�, . Q' to develop the site for a 412-unit multi=family residential :L • . `.. i i ,i,,,,..4 complex with a mix of townhomes and:traditional multi -t, ,,,,t ., - family buildings. The applicant is requesting variances from r� ' ;' ' " j Li . the development standards for.the development plan before.. 1. the Board of Zoning Appeals;at'.the January 25, 2022 �`r r `L; '"� "s following the_Plan Commission meetin ai, -`,�_.��� � meeting g g. ' Staff Findinq/Opinion Since.construction,ofthe East.End Bridge, area surrounding this project has been shifting:from a 2somewhat-rural,-low-density:portion'of the city to a.higher intensity.setting with a mixture:of uses that _: - : . include.commercial businesses, hotels; and multi-family:residential. While Staff anticipates this.change • . ; will continue; Staff:would like to note that this is substantial shift from the existing zoning and the future • • : land use map for this area Other projects in the area such as the'Lofts:at River Ridge and:Bridgepoint: Gardens:have.similar'densities;.but.neither are.as l'arge:as this proposed project: Roads iin"the area -: : ` y t e additional.traffc generated from this project and significant drainage .. • .. : ma not be in a.state to,handle.th • : impacts:will also have to be considered._It will be:up to the Plan Commission-andCity.Council.to determine whether the impacts of this project outweigh any potential benefits:to the community from the - : : project in terms of tax generation, additional housing, and:increased commercial sales/development '' due to more residents in the area : • . Criteria for.Consideration . • : : The Jeffersonville Zoning Ordinance and Indiana:State Statute IC 36.7=4.603 outlines that the following : .: shall be considered when:the Plan Commission is reviewing-a.rezoning request:. :"The Comprehensive:Plan, • . " - : • : ■_: _ Current conditions and character.of structures:and uses in each distri• ct; • 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:: : Required:Action r Make.'a motion to forward this rezoning:to the Jeffersonville.CityCouncil with one of the following - options: Favorable Recommendation, Unfavorable recommendation,or No"Recommendation ' . Recommended motion •r : "1 make:a motion to forward the rezoning request PC-22-06 to the Jeffersonville City Council with -- . - - (insert recommendation)as presented to the Plan:Commission:on January 25,:2022.- ' Page 1)of 9 PC 22 06 Staff Analysis.for Change in Zoning The following is a summary of staffs analysis of the proposed rezoning as it relates to the land use:and development policies_of the Comprehensive Plan and Unified Development Ordinance: UDO Zoning District Intent The M3 (Multi-family: Large-Scale) District is intended to.provide a'land use category for:large-sc ale . multi-family apartment, townhouse, or condominium developments with over. .100.dwelling:unitS...Such developments may consist of one very large building or.be among smaller buildings on site. The Jeffersonville's Plan Commission and Board of Zoning Appeals should:strive to integrate this district near other commercial districts and exercise greatersensitivity:where this district is adjacent to other residential:districts. Given the scale of projects in this district it should only be utilized on or near major arterial streets or.in areas with a robust local street network to distribute traffic.:This district should also be within close proximity to'parks and open spaces that serve the residents:. Future Land Use Map and Planning Districts The property to be developed:falls:within the Single Family Residential land use classification in .the Future Land Use Map.as shown below. This residential is classified as detached single-family residential development"in both:the traditional street: network and suburban:street network :This classification also. 1: 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. The proposed M3 zoning for this property is a significant departure from the future land use plan, Staff feels that the proposed rezoning may be justified as this is an:area of transition;and the proposed request could serve as a buffer between'the increasing commercialization to the north and west:and the single- family subdivisions to the south and east, but worries about the scale of this development and its impacts on on local roads and other city infrastructure: kttt- `• ` Legend 1�!\ , `ti 7I Public/Institutional ti "i - RecreationlOpen Space /(] tv t/t r f ': Light lndustnal ® Heavy Industrial Iv r Business Parkllndustnal ll f.. f; 1 Single Family Residential 1/ ®.Multi=Family Residential "., if/ l ' �-''° , Mixed-Residential j I` h . f f j! I r! jd ®Mixed-Use-Corn/Res j:,l ,, f}/J t t IIII- ,' ti Commercial r t. i t;,T s �, City Limits , 'it S° Road Page 2 of 9 PC-22-06 Future Land Use Plan — - Legend. ' • f e e 41 DO ;e ee - - 446:-ts: a ¢-'aii*. - raditto T, ; ee.0A. o e .c c faF ,-t � { {Suburbs y � 1`, 3� v �� : ,S bursa " w,y e e` A., -116/-•,::C1114.ce4 IgMarkete :ce`COttriftfi e `>" iidr Dis lctt • - Planning Districts Map The following are descriptions of these planning districts from the Comprehensive Plan. - Suburban Neighborhoods These neighborhoods are:typically characterized by a range of low to moderately dense residential uses that blend compatibly into the existing landscape and neighborhood areas. High-density uses will be limited in scope to minor or major.arterials and to areas that have limited impact on the low to moderately dense residential areas. The Suburban Neighborhoods district will contain diverse housing choices for differing ages and incomes. The proposed rezoning fits well within this planning district. Goal SN.1 states that this district should allow a variety of housing types to provide housing choices for people of differing ages, incomes and needs. This project will provide for multi-family housing in multiple forms and price points. Goal SN 2 states that projects in this district should preserve and enhance the character and integrity of suburban neighborhoods through compatible site and building design of proposed development and land use changes. The proposed request does this as this is in close proximity to large.commercial developments and a commercial thoroughfare. The proposed development is sensitive to the surrounding single-family homes and can act as a buffer between the higher intensity uses,and lower intensity uses that surround the subject property. Objective SN 1.3 states that a change in use from single family to multi-family should be permitted only at the interface between a commercial node and residential uses. This proposed rezoning request meets this objective as the proposed project sits between the Bridgepoint Commons commercial development and the single family uses to the east and northeast. • ' Page 3 of 9 PC-22-06 Current Zoning The subject property Yis currently zoned R1_(Single Family Residential:=Large Lot). There are other RI properties to the east and southeast. . \To the north are multiple properties zoned M2 (Multi= Family Residential-Medium Scale) and 02 (Commercial Large Scale) To the west are multiple different zone districts, including C2 and M2 properties, as well as. �,. properites zoned.R3(Single Family Residential—Small. 1 Lot) and NS:(Institutional). : -\ In close proximity to the west is.the Bridgepoint Commons ti m z 4T r Y commercial development." IL Attachments 1. ' R1 district intent 2. M3 district,intent and standards 3: Proposed site plan and building renderings J: Page 4 of PC-22-06 Current Zoning information RI District (Single Family Residential - Large Lot) : R% 3.36 R1 District Intent, Permitted Uses,and Special Exception.Uses District Intent Permitted Uses Special Exception Uses The R1(Single Family Residential Residential Commercial:Recreation/Fitness -Large Lot)District is intended to •child care/day care(owner- •golf course/country club provide a land use category for occupied) Communications/Utilities single family homes on large lots. • dwelling single family • public well The provisions that regulate this • residential facility for •telecommunications facility(other land use district should protect developmentally disabled/ than microcellular) promote and maintain existing • mentally ill(less than 4 units) Institutional/Public Facilities residential areas in the City of Institutional/Public Facilities •church,temple,mosque Jeffersonville and may also be used • public park • public recreation center/pool for future housing growth. Miscellaneous Uses Residential The Jeffersonville's Plan • home occupation#1 •dwelling:accessory dwelling unitsl Commission and Board of Zoning • residential clubhouse/community Appeals should strive to protect this rooms district from conflicting land-uses institutional/Public Facilities such as industrial and large-scale • church,temple,or mosque commercial uses as well as non- • public recreational center family oriented businesses. Miscellaneous Uses Article 6 of this ordinance includes • home occupation#2 additional options and incentives • for the development of subdivisions • that preserve natural open spaces, floodplains,etc.that exist on site and/or dedicate and construct • public park facilities. • • Additional Notes: 1. See Article 8.3 for additional standards. • 3.40 Jeffersonville Unified Development Ordinance Page 5 of 9 PC-22-06 Proposed Zoning Information M3 District (Multi.-family: Large-Scale) 3.28 . M3 District Intent,Permitted Uses, and.Special Exception Uses. . District intent Permitted Uses Special Exception Uses The M3(Multi-family:Large-Scale) Residential Communications/Utilities District is intended to provide a •assisted livingfacility •telecommunications facility(other land use category for large-scale •co-housing community thanmicroceilular multi-family apartment,townhouse, •dwelling single family Residential or condominium developments • dwelling duplex •child care institution(children's with over 100 dwelling units.Such • dwelling multi-family-3 to 4 units home) developments may consist of one •dwelling multi-family-5 to 6 units • residential facility for very large building or be divided •dwelling multi-family->12 units developmentally disabled/mentally amongsmaller buildings on site. : • nursing home iii(more than 4 units) The Jeffersonville's Plan Commission • residential clubhouse/community Institutional/Public Facilities and Board of Zoning Appeals should room •church,temple,or mosque strive to integrate this district near •senior living/retirement community other commercial districts and exercise greater sensitivity where this district is adjacent to other residential districts.Given the scale of projects in this district it should only be utilized on or near major arterial streets or in areas with a robust local street network to distribute traffic.This district should also be within close proximity to parks and open spaces that serve the residents. Additional Notes:. • 3-.32 Jeffersonville Unified Development Ordinance Page 6 of 9. PC-22-06 / • M3 District (Multifamily: Large-Scale) 3:29 M3 District Development Standards Lot Dimensions Setbacks Other Requirements 1 Lot Width 1, RearYtbackerd ......_.1 E _.. S 0 Se ®fa(firE Srurtures ) i.°1) f eri. 0 Side `„p 6 Primary Vic;_ Or Area 6 Yard : 'Structure DI Setback i e ©e ,. . 4 Q� i i ® K. i Property 7 �°1 f �/ it Line /7'1 E Lot eu Icing Front Yard 1 Covmayo�- Envelope Setback I ( i r 1--Lot Frontage---H R.O.W. R.O.W, / R.O.W. /' RO.W.=M Defined on Thomughtam Plan - / RO.W.=MDcfinnd on / / tara4rhrs Plan. _ Thoroughfare Plan - R.O.W.0.W.=M Defined an Minimum Lot Area: Minimum Front Yard Setback: Maximum:Lot Coverage • •1 acre(43,560)sq.ft. •30 ft:when adjacent to an arterial. • 65%of the lot area Minimum Lot.Width: • 20 ft.when adj:to a local streetor Minimum Residential.Unit Site • 100 ff. average.setback whichever is less • 700'sq;ft.average'per dwelling . • Minimum Lot Frontage: Minimum Side Yard Setbacks' unit In all multi-family structures in • 50 ft. 25 ft.for the Primary S•tructurel•,2 •the development,with 400•sq.ft.the 10 ft.for an Accessory Structures: minimum - • Minimum Rear"Yard Setback: i. • 25 ft:for the Primary Structure ' • 10 ft.for"an"Accessory Structures 1 . Height -• . Miscellaneous Notes: . 1. :Side yard setbacks may be reduced to 20 feet'where:adjacent to any of: ' Accessory Structures the following districts:"C1,.C2;CH;CO,M1,M2,&M3: — / mechanical 2• -Side,yard setbacks for structures may be reduced to.10 feet `�"•;' le=Met mtmnen� where adjacent to any.of.the following districts:CD,CN and R4. exempt 3. 'Side yard setbacks for accessory structures may be reduced to 5 feet in any of the districts listed in notes 1 or 2 above: ' • shed Building • Heigh (Tl ' • Flat Roof Structures Gable Roof Structures (from highest (from highest gable roof) section of flat roof) Maximum Structure Height: Primary Structure:55 ft. • •Accessory'Structure:18 ft: See Article 7 for additional development standards See Article 8 for additional use-specific standards { - . Article Three:Zone Districts: - 3-33. Page 7 of 9 PC-22-06 Proposed Site Plan -- ,ram--- � --'" - -r . :,,; e - - ;; _ ,` 1_'1 l d(1 u o t L.�' if •,I/ ;+ Oy, ` �i �l lam• � 7 i1 ` I' - d. 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I I I I I I IIKI I hi 11111A I I I lx .1. i!� I j 1 , 1 i I _ .,..w.._1L ; I' L 0 I ' it '.. _..._e._ _ 1 i iL I '" 'r� 01 i .1' \ ) 1c ry � a iYL I,' I os ,1 i1I flv F 4 Q— 7D4` ,� .$e ; ,'i.® 3 � C,'r.:, l✓✓"iI i•. ,{ i Ej l ; • ` t t 9 • � ---• = --,ti�N.--!V.---�W-ryn` ,/r'—.1.—M,-N.—V.=-.=;h-1 1e a ►/.-1�.`;','- M A ` '' J . ---., L.1 gn,CHp�L.B41 :- '• ! _ --q;. . _ -� t'l. r L� F ors -7 11 y r i t, ' it ` 11 .i9i Ft - .L_ ( " II �y I zs a ..! .- l i II _ ,.� Page 8 of 9 PC-22-06 Proposed Building Elevations -Townhomes 3 r — ,/, vioroviii•I,I:Lnj up' _ -,-: vi--t-71.,:iivrt,i ly 't4 '''"g.4'5--.''''.._ . 7 :';__Ii r—r—_______ —- , • __— • 'It :, ,,.., , 1 ; 11 1 t Jill I ' lIII, , ,llIII .a Proposed Building Renderings—Apartments is S bn 1 _y 2.Z it k, ----,A.., — _ may 'X I I IH— ,71 id r4:-7 :,.._‘ 11.11:- .4*1,::, 1;.-,4-..: :::.,..1'::''''' I . ' ,- li it ;��i a� iliW�Al 1111U I■1� !!*! r '� r: _.' 3 _„� F,, n T— I I ., S:4 I a .11 d" - N. `x"`s Page 9 of 9 PC-22-06 Lisa Gill From: Matt Owen Sent: Wednesday,January 26, 2022 8:19 AM To: Lisa Gill Subject: Fwd: REZoning of property of Utica Sellersburg Road and New Chapel Roads Lisa, The email below was sent to the City Council in reference to a re-zoning that I anticipate will,be on the Council's next agenda. Will you please ensure this objection is included in the record when we consider this re- zoning? Thank you! Matt Owen Jeffersonville City Councilor, mowen@cityofj ef£net • 502.889.0836 Sent from my iPhone. Please excuse any typos. Begin forwarded message: From: "Rebecca L. Lockard" <rlockardlaw@aol.com> Date: January 25,2022 at 15:54:01 EST To: Dustin White<DWhite@cityofjeff.net>,Bill Burns<BBurns@cityofjeffnet>, Joe Paris <JParis@cityofj effnet> Cc: Scottie Maples<SMaples@cityofjeffnet>, Donnie Croft<DCroft@cityofjeff.net>, Steven Webb <swebb@cityofjeff.net>, Matt Owen<mowen@cityofjeff.net>, Scott Hawkins<SHawkins@cityofjeff.net>, Ron Ellis<REllis@cityofjeff.net> Subject: REZoning of property of Utica Sellersburg Road and New Chapel Roads Reply-To: "Rebecca L. Lockard" <rlockardlaw@aol.com> CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. I sent an email to for the Plan Commission and Board of Zoning Appeals in regard to a re-zoning and a request for variances on the property located at Utica Sellersburg Road and New Chapel Road. The Plan Commission only makes a recommendation regarding the re-zoning and the decision for re-zoning is made by the Council. I am sending you a copy of the objection that I forwarded. I am asking you to deny the request for re-zoning when it is brought to you. Thank you for you attention to this matter. Please be advised that I am sending this email in opposition to the Re-Zoning and Request for Variances on the property located at Utica Sellersburg Road and New Chapel Road. i In opposition to the Re-Zoning, I would argue that the application does not meet the requirements for a Re- Zoning. The Re-Zoning this property to a Multi-Family Residential does not comply with the comprehensive plan. The current conditions and character of structures and uses in the district is single family residential. This is not responsible growth and development. New Chapel Road and Utica Sellersburg Road have not been widened or changed since the 1980s. Since that time, the City has allowed 2 subdivisions and all without making changes to the road. Adding approximately 400 apartments to this area would increase the traffic by approximately 2900 additional trips per day. That is simply overwhelming for the roadway. This Re-Zoning is not appropriate for the area and is in total violation of the comprehensive plan. The Request for Variance also do not meet the statutory requirements for a variance. The City recently put sidewalks in all along New.Chapel Road. There was no changes to the width of the road, but the City instead spent the money on sidewalks. All new developments in that area should be required to have sidewalks in accordance with the Zoning Ordinance. Further,new development should be required to have any necessary buffers between R-1 and R-3. Allowing a variance would be injurious to the public health, safety, morals, and general welfare of the community. Allowing a variance would substantially affect the adjacent properties in an adverse.manner. This strict application of the terms of the Zoning Ordinance would not result in a practical difficulty. The request for the variances is definitely self-imposed. . Please read my objection into the record, or enter my objection into the minutes as part of the record. Thank.you Rebecca L. Lockard Attorney at Law 411 Watt Street Jeffersonville,.IN 47130 (812)288-4326;FAX 288-4451 rlockardlaw@aol.com Home Residence:- 3508 Sundancer,Jeffersonville, IN 47130 Rebecca L. Lockard Attorney at Law. 411 Watt Street Jeffersonville, IN 47130 (812)_288=4326; FAX 288-4451 rlockardlaw@aol.com This email was scanned by Bitdefender 2 Lenfert apartment project proposal -Matt Owen Page 1 of 1 Lenfert apartment project proposal Bev Anderson <banderson1189@gmail.com> Fri 2/4/2022 2:15 PM To:Matt Owen <mowen@CityofJeff.net>; CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good afternoon Mr.Owen, As residents of Steeplechase subdivision,the proposed apartment project for Utica Sellersburg and New Chapel Roads causes us great concern.The current zoning plan for this area does not include multi-family dwellings.The density of the proposed apartment complex creates many issues: Drainage is already a problem that seems to be difficult to correct. Increased vehicle traffic,which was addressed at the Planning Commission meeting,will be problematic. People working in the Amazon area will drive.through Stonybrooke to and from their New Chapel Road units. Foot traffic will inevitably cut through Stonybrooke yards due to the easy access to restaurants and businesses on Highway 62. Growth in the area's population would require enhancing the capacity at Utica Elementary School.These improvements would likely have to be funded by a municipal bond or other tax increase. Our area is already seeing a rise in petty crime,which would likely increase with more people. Property values of current homes may not decrease as a result of such a development, but an apartment complex may prevent the neighboring property values from rising. Please vote to maintain the current zoning plan for this district.Thank you for your time. Sincerely, Andy Anderson Beverly Anderson 4212 Old Tay Bridge Jeffersonville, IN 47130 This email was scanned by Bitdefender https://exchange.cityofj effnet/O WA/ 2/7/2022 Fwd: City email - Matt Owen Page 1 of 1 Fwd: City email Rebecca Meyer<rebeccaannrneyer@gmail.com> Sun 2/6/2022 10:35 AM To:Matt Owen <mowen@CityofJeff.net>;. ' CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Sent from my iPhone Begin forwarded message: From: Michael.Meyer<mike@meyer.club> Date: February 5,2022 at 1140:02 AM EST To: Becky Meyer<rebeccaannmeyer@gmail.corn> Subject City email I live at 5312 Stonybrooke Court and I am writing to you regarding the potential rezoning of the land connecting- with our neighborhood for the possible development by Lenefert Properties. Please do not allow this to happen. It will have terrible consequences for our neighborhood. We already deal with awful traffic because of the size of Crystal Springs.There is only one way in and out of that area and it is through or by our home.We have speeders, people leaving trash in our neighborhood, loud music, and constant traffic. It is a mess as it is.Adding this massive property will make it worse. Please focus the city's resources on fixing the drainage on New Chapel, improving the bad,water pressure,cleaning up the needles and trash in our neighborhood from people passing through to go to Crystal Springs and;the other ., issues we already face. I know this rezoning is not part of the city's plan.This change would be outside of that plan and add more problems to an area with enough problems as things are.. This change would make things so much worse. Please fix the problems before you do anything else: Mike Meyer mike@meyer.club This email was scanned by Bitdefender https://exchange.cityofjeff.net/OWA/ 2/7/2022 Re: Lenfert Properties Proposed Development-Matt Owen Page 1 of 2 • Re: Lenfert Properties Proposed Development Tracy Farrell <traycfarrell@grnail.com> Fri 2/4/2022 6:17 PM To:Matt Owen <mowen@CityofJeff.net>; CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Thank you Mr.Owen I appreciate your timely response. On Fri, Feb 4,2022 at 4:06 PM Matt Owen <mowen@cityofjeff.net> wrote: Ms. Farrell, Thank you for reaching out to express your views on the issue. I can tell you that I am quite confident that the original plan presented by Mr. Lenfert at the Plan Commission meeting last week will not pass a vote of the City Council. I have spoken with the developer,the current land owner, and your District Councilman, Steve Webb,and I believe all parties understand that the original proposal will not be how the property in question is developed. • Councilman Webb has indicated to,the developer that there is no suitable development plan that he would support if multi- family apartments are included. It is my suspicion that the Council as a whole will agree with Mr.Webb. Again, I thank you for reaching out to express your concerns. I will be forwarding your correspondence to the City Clerk so that it will be included in the record for our next Council meeting on February 7th, 2022<x-apple-data-detectors://1>.If you have - any other comments,questions,or concerns please do not hesitate to reach out. Matt Owen Jeffersonville City Councilor, mowen©cityofjeff.net 502.889.0836 Sent from my iPhone. Please excuse any typos. On Feb 4, 2022,at 09:45,Tracy Farrell <traycfarrell@igmail.com>wrote: CAUTION:This email originated from outside your organization.Exercise caution when opening attachments or clicking links, especially from unknown senders. Mr,Owen, • https;//exchange.eityofjeff.net/OWA/ :_ 2/7/2022 Re: Lenfert Properties Proposed Development-Matt Owen Page 2 of 2 I am writing to you regarding the proposed development of vacant land adjacent to the Stonybrooke subdivision.I am a resident of Stonybrooke subdivision, my address is 3642 Kerry Ann Way. The proposed development is bordered on the east by New Chapel Road and on the south by Utica-Sellersburg Road. Entrance and egress of the proposed development will be on the aforementioned roads. The proposed development will include 16 apartment buildings with 24 units each and 7 townhouses with 4 units each,for a total of 412 rental units. My understanding is that the proposed apartments will have 2-3 bedrooms each. The proposed plan also includes parking spaces for 725 cars. • My main concern is traffic. It is difficult at this time to get out of my driveway in the morning now, I see this proposed development as only making Kerry Ann Way more of a thoroughfare. Please remember that New Chapel and Utica-Sellersburg Roads also currently serve the hundreds of residents in Steeplechase,Crystal Springs and Old Stoner Place. There is no proposed expansion of the aforementioned roads and the existing roads will not be able'to handle the additional traffic which will include many construction vehicles and school buses, not to mention eventual traffic from the 412 proposed units, and emergency vehicles as needed. The ability of the city police force to enforce vehicles to stop at the stop signs.on Kerry Ann Way has long been a challenge. If this development is approved the city might as well remove the stop signs because the failure of traffic to abide by the law and stop will be completely non-existent. Drainage is another major concern.Stonybrooke subdivision currently experiences flooding during heavy rains and the subdivision drains into a small ditch which crosses under New Chapel Road. Drainage from the proposed development would drain into the same ditch which currently serves Stonybrooke subdivision and the residents living in the 3 subdivisions in Crystal Springs,Old Stoner, Steeplechase. The detention basin on Stonybrooke property was not built to code due to the developer hitting rock when the excavation began,thus it does not hold the amount of water needed to service this neighborhood. The residents of Stonybrooke have contacted the city multiple times to resolve the issue to no avail. I can only assume the same will happen for the proposed detention basin in the new development,thus more water encroaching on Stonybrooke resident's property. Lastly,this proposed development does not seem to fit with the City's comprehensive plan. The plan specifically states an objective of land use is to encourage the neighborhood concept, in the emotional and sociological sense as well as the physical sense,in the design of new residential areas. The plan also reflects an objective to increase home-ownership while reducing property maintenance violations. Another objective states that developments are permitted only where public streets,drainage' facilities, public safety protection, sanitation, and sewage facilities are adequate to serve the proposed development. New Chapel road is a two lane road with no shoulder that cannot handle the current traffic. Please consider the hundreds of residents this development will impact when this item is presented for a vote on February 7th. I was present at the Planning and Zoning meeting on January 25th when the-rezoning request was presented. The Planning and Zoning Committee did not vote in favor of the zoning change,the vote was 5 against and 2 for rezoning. Please accept their recommendation. I appreciate the work of a public servant, I understand the requirement to hear the concerns of the public and balance those against the growth of the city,those two paths do not align all of the time. My request is that you give consideration to the concerns of the citizens of Stonybrooke. We are not just a neighborhood of tax payers,we are a community of concerned and active residents that want to maintain our community. ' Respectfully ' • Tracy Farrell • This email was'scanned by Bitdefender https://exchange.cityofjjeff.net/OWA/ 2/7/2022 / z Jeffersonville City Council, January 31, 2022 I am opposed to the Planning Commission proposed rezoning of the 26 acre property on the corner of Utica Sellersburg Road and New Chapel Road. It is currently zoned for single family development. I am 100% opposed to the development of 412 or any number of rental units. We would have opposed the Loft apartments and other structures on Utica Sellersburg Road if we had been aware of the plans. I chose this location to live because of the quiet, beautiful rural setting. The area was covered with trees, growth, and a variety of wildlife. In the sixteen years I have lived in Steeplechase, the city has chosen to move downtown Jeffersonville to the outer suburbs. The quiet, the trees and the wildlife have disappeared. In their place there are carwashes, multiple fast food eateries, and strip malls, all low end businesses. The city is creating another, Dixie Highway, as in Louisville or Eastern Boulevard in Clarksville. The area of issue is currently zoned to be single-family dwellings which could be in the price range of those in the current developments which includes Steeplechase, Old Stoner Place, Crystal Springs, and Stonybrook. There are several factors that make the rezoning for apartments undesirable: • The current infrastructure cannot support an additional 400+ apartment units or businesses. • Both New Chapel and Utica Sellersburg Roads are narrow and dangerous in places. Additional traffic from the apartments would make driving more dangerous. The fact that New Chapel Road has not been connected to Salem Road has caused considerably more traffic. • The noise level has already increased and would become worse with more vehicles traffic. • There is lack of adequate drainage that already has caused flooding in several places including my own street. • The water pressure has already decreased and would continue to become lower with the addition of 400+ units of apartments. Two other factors should be considered: jun rid 2 ere Z • The area school, Utica Elementary, is at capacity and could not accommodate the numerous children who would live in a mass of apartments. • The postal service in our area is already inadequate and would be more so with the addition of 400+ units.. I have reviewed the Jeffersonville Planning Commission Comprehensive Plan and the Tenth Street Strategic Plan approved May 7, 2018. There is reference to updating the 10th Street Corridor from 1-65 in downtown.to 265. There is no reference to changes from 265 on Highway 62 toward Charlestown. Rezoning property outside the corridor appears not to be in compliance with the comprehensive plan. If other more recent documents do not support the compliance, please, inform us. Thank you for the opportunity to respond to this rezoning issue. RE: Rezoning Concerns - Matt Owen Page 1 of 4 RE: Rezoning Concerns edlieblick@gmail.com Tue 2/1/2022 1:44 PM To:Matt Owen <mowen@CityofJeff.net>; CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links,'especially from unknown senders. Thank you, sir. Yes, growth is inevitable - even beneficial if properly"controlled"to the needs of the community. Coming from Houston, I'm too aware of the lack of zoning control and the chaos it can cause. We suffered flooding, poor roads and constant traffic congestion thanks to the greed of developers and the inability of local govt.to regulate proposed changes. Your response, and that of the Mayor, is a wonderful reminder of why we chose to move to Jeffersonville. Please know how much you and the Council . are appreciated for protecting our incredible community! Original Message From: Matt Owen <mowen@CityofJeff.net> Sent:Tuesday, February 1, 2022 1:29 PM To: edlieblick@gmail.com Subject: Re: Rezoning Concerns At this time, I do not think your presence will be necessary. I will, however, reach back out if I suspect anything changes.Your emailed concerns will be added to the record regardless. One thing I will caution: The 26 acres in question will very likely be developed in the near future. We suspect much of the remaining open property will continue to in-fill as we see further growth in the area.While this multi-family request is not likely to pass, I am sure other potential uses will be pitched in short order.To much dismay,the "rural"feel will inevitably continue to fade as we go. It is my commitment to see that we allow future developments as responsibly as possible. Again, please don't ever hesitate to reach out if I can be of service. Matt Owen, President Jeffersonville City Council mowen@cityofjeff.net 502-889-0836 https://exchange.cityofjeff.net/OWA/ 2/1/2022 RE: Rezoning Concerns -Matt Owen Page 2 of 4 From: edlieblick@gmail.com <edlieblick@gmail.com> Sent:Tuesday, February 1, 2022 12:13 PM To: Matt Owen Subject RE: Rezoning Concerns CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Councilman Owen, I can't begin to tell you how reassuring your email has been. As you know better than I,there are plenty of available parcels that can accommodate multi-family apartments in less "rural" sections of town that can better accommodate the additional traffic and services needed to support his building. Do you feel it is necessary for me to attend next Monday's meeting to address the Council when appropriate? Ed Lieblick 210 363-1019 Original Message From: Matt Owen <mowen@CityofJeff.net> Sent:Tuesday, February 1, 2022 12:00 PM To: edlieblick@gmail.com Subject: Re: Rezoning Concerns Mr. Leiblick, Thank you for reaching out to express your views on the issue. I am a life-long member of New Chapel United Methodist Church on New Chapel Rd, and am quite familiar with the area and how it has developed over the last 30 years. - I can tell you that I am quite confident that the original plan presented by Mr. Lenfert at the Plan Commission meeting last week will not pass a vote of the City Council. I have spoken with the developer,the current land owner, and your District Councilman, Steve Webb, and I believe all parties understand that the original proposal will not be how the property in question is developed. Councilman Webb has indicated to the developer that there is no suitable • https://exchange.cityofjeffnet/OWA/ 2/1/2022 RE: Rezoning Concerns - Matt Owen Page 3 of 4 development plan that he would support if multi-family apartments are included. It is my suspicion that the Council as a whole will agree with Mr. Webb. Again, I thank you for reaching out to express your concerns. I will be forwarding your correspondence to the City Clerk so that it will be included in the record for our next Council meeting on February 7th, 2022. If you have any other comments, questions, or concerns please do not hesitate to reach out. Matt Owen, President Jeffersonville City Council mowen@cityofjeff.net<mailto:mowen@cityofjeff.net> 502-889-0836 From: edlieblick@gmail.com <edlieblick@gmail.com> Sent: Monday,January 31, 2022 1:30 PM To: Bill Burns; 'Donnie Croft- District 5'; Dustin White;Joe Paris; Matt Owen; Mike Moore; Ron Ellis; Scott Hawkins; Scottie Maples; Steven Webb Subject: Re: Rezoning Concerns CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Mr. Mayor and Council Members, My wife and I moved from Houston to the New Chapel area of Jeffersonville this past May. In part,to escape big city traffic and noise. Imagine our dismay when we learned that the Council has been asked to consider rezoning the 28-acre property at New Chapel & Utica Sellersburg roads from private housing to a 400+ unit apartment building. I'm sure you're aware of the strain this multi-unit housing will place on our quiet area. * Two lane roads that really can't support additional traffic. * An Elementary school that may not be able to handle the additional students. * The effect of land clearing on our water table; creating drainage and potential flooding issues; I lived in Houston, and saw,firsthand, how "concrete jungles" continue to create major flooding issues for residents. * Additional expense to recruit and train our First Responders,to expand sewer capabilities, pay for road repair, and lighting. * And of course, noise from blasting car stereos. But perhaps, most important, is the danger the addition will create for the https://exchange.cityofjeff.net/OWA/ 2/1/2022 RE: Rezoning Concerns - Matt Owen Page 4 of 4 young children who will likely reside in the apartments. Would you allow your 6-year-old to ride their bike on a two-lane street without lighting, bike lanes or speed controls? Probably not. I urge you to visit this area, not by looking at a map, but by standing on the intersection of New Chapel and Utica Sellersburg Roads and ask yourself if you feel it is truly safe for our community's youngsters. With the original zoning plan, building private homes on individual lots will create a community and most important, a safe place for youngsters to safely ride and play in their neighborhood, and not a community parking lot. I urge you to take these) factors into consideration when you cast your vote to redistrict or maintain the safer, status quo. Thank you for your consideration, respectfully, [cid:image001.png@O1 D816A6.00038190] 3503 Brookline Jeffersonville, IN 47130 - • This email was scanned by.Bitdefender https://exchange.cityofjeff.net/OWA/ 2/1/2022 Re: Proposed rezoning of property adjacent to Utica Sellersburg... - Matt Owen Page 1 of 3 Re: Proposed rezoning of property adjacent to Utica Sellersburg Rd. and New Chapel Rd. Matt Owen Tue 2/1/2022 1:07 PM To:Jeff Garcia <Jeff.Garcia@sigmaplastics.com>; Mr. Garcia, Thank you for reaching out to express your views on the issue, as well as my campaign finance reports. First, you are correct that in the past I have receive campaign contributions from the developer, as well as the property owner involved in this potential project. In addition, I have supported Mr. Lenfert in his prior campaigns for public office and I attended New Chapel UMC with the property owner for many years (as has your family, if I'm not mistaken). Those facts will not lead me to recuse myself. I have repeatedly been elected to have the integrity to address issues on behalf of the community. If I recused myself every time a contributor or a life-long acquaintance was on the agenda, I would find myself abstaining to the point of being completely ineffective. I can appreciate your concern for fairness in this matter, and I assure you that I value my personal integrity more-so than I do of anyone's financial or political support. To the matter at hand, I can tell you that I am quite confident that the plan presented by Mr. Lenfert at the Plan Commission meeting last week will not pass a vote of the City Council. I have spoken with the developer,the current land owner, and your District Councilman, Steve Webb, and I believe all parties understand that the original proposal will not be how the property in question is developed. Councilman Webb has indicated to the developer that there is no suitable development plan that he would support if multi-family apartments are included. It is my suspicion that the Council as a whole will agree with Mr. Webb. Regarding the flooding concerns you mentioned: Our development standards for any new development now require a technical review prior to construction to mitigate any potentially adverse affects to surrounding properties. These standards did not exist when Stonybrook was developed, which I assume Mr. Crouch has explained if he has been out to assess the drainage situation. We do have specific dollars allocated each year to the Jeffersonville Drainage Board, which is charged with addressing these types of concerns. Unfortunately, these problems are present all over the City due to years of"kicking-the-can" and neglect. I will reach out to a couple of members on the drainage board I am familiar with to get their insight on the current problems you sent in your link. Again, I thank you for reaching out to express your concerns. I will be forwarding your correspondence to the City Clerk so that it will be included in the record for our next Council meeting on February 7th, 2022. If you have any other comments;questions, or concerns please do not hesitate to reach out. Matt Owen, President https://exchange.cityofjeffnet/OWA/ 2/1/2022 Re: Proposed rezoning of property adjacent to Utica Sellersburg... - Matt Owen Page 2 of 3 Jeffersonville City.Council mowen©cityofjeff.net 502-889-0836 From:Jeff Garcia<Jeff.Garcia@sigmaplastics.com> Sent:Thursday,January 27, 2022 2:29 PM To: Matt Owen Subject: Proposed rezoning of property adjacent to Utica Sellersburg Rd. and New Chapel Rd. CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good afternoon Mr. Owen, I am a twenty year resident of Stonybrooke subdivision in Jeffersonville. Over the past several years there have been many changes in Jeff and I personally feel these changes have been great for the community, keep up the good work. The reason I am writing to you is regarding the proposed rezoning of the land adjacent to Utica Sellersburg Rd and New Chapel Rd. I have seen the plan and think this too can be a net positive to our community, however I have a few reservations. I am concerned that the overall effect of the increased traffic will result in an even higher volume of traffic on Kerry Ann way. My belief is that most commuters will use Kerry Ann as a by-pass to avoid congestion. Secondly, I believe developing the land will result in increased water discharging into our retention pond,which was not adequately constructed to meter out water slowly enough to avoid flooding. I know this because I have had the City Engineer out to look at the situation and was told by him the basin was not constructed according to the design. Despite having seen the issue first hand the City has not done anything to fix the problem. I have attached a video that shows the flooding that occurs when we receive moderate rainfall (https://photos.apo.goo.gl/x36Chand1SWRYUQN9). At around the 10 second mark you will notice a car traveling on New Chapel Rd across a flooded street. I attended the meeting on Feb 25th and listened to Brian Lenfert(developer) discuss his plan. Mr. Lenfert, along with his engineering group do not believe there is currently a problem with drainage and have no real plan to address the impact of his development. Furthermore, his traffic"study" predicts much lower volumes of traffic than I believe is accurate. One final concern I have is regarding the members of the City Council. A quick review of on-line information revealed that you received campaign financing directly from Mr. Lenfert. In my opinion that creates a conflict of interest and you should therefor recuse yourself from voting on the matter and leave the decision to the remaining members of the council. For transparency I will tell you that I am in the process of drafting a letter to the residents of Stonybrook,Crystal Springs, Old Stoner, and Steeplechase informing them of this conflict. If I am incorrect please let me know so I do not misrepresent any information. Thank you in advance for taking the time to consider my concerns, I look forward to hearing your response. Jeff Garcia https://exchange.cityofjeff net/OWA/ 2/1/2022 Re: Proposed rezoning of property adjacent to Utica Sellersburg... - Matt Owen Page 3 of 3 Jeff Garcia I VP of Manufacturing Cell: 812-406-8476 Email:Jeff.Garcia@sigmaplastics.com Sigma Stretch Film® THE INDUSTRY LEADER This email was scanned by Bitdefender https://exchange.cityofjeffnet/OWA/ 2/1/2022 Re: REZoning of property of Utica Sellersburg Road and New Chap... - Matt Owen Page 1 of 4 Re: REZoning of property of Utica Sellersburg Road and New Chapel Roads Matt Owen Wed 2/2/2022 9:41 AM To:Rebecca L. Lockard <rlockardlaw@aol.com>; Thanks for the clarification. I will add that to the record as well. Matt Owen, President Jeffersonville City Council mowenPcityofjeff.net 502-889-0836 From: Rebecca L. Lockard<rlockardlaw@aol.com> Sent:Tuesday, February 1,2022 2:10 PM To: Matt Owen Subject: Re: REZoning of property of Utica Sellersburg Road and New Chapel Roads CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Thank you for your response. I wanted to clear up something Scott Hannah the Engineer stated. He said that he did not know where my number of trips came from. (I believe he said my crazy number) I looked at the total amount of trips per day for apartments listed in the Institute of Transportation Engineer booklet. Scott Hannah talked about am and pm trips from that recent publication. That is for one hour in the morning and one hour in the evening. So, he was never asked the total trips. The information I have is that each apartment generates 7 trips per day, which with 412 units is 2,884 trips per day. That is where I figured my numbers from. I just wanted to make sure that someone knew I wasn't just making up numbers. I know that you have an idea what that type of traffic will do to the roads surrounding the property. Again, I thank you for your response and you reaching out to me. I know there were several people who sent comments to the Council. Rebecca L. Lockard Attorney at Law 411 Watt Street Jeffersonville, IN 47130 (812) 288-4326; FAX 288-4451 rlockardlaw@aol.com In a message dated 2/1/2022 1:14:58 PM Eastern Standard Time, mowen@CityofJeff.net writes: https://exchange.cityofjeffnet/OWA/ 2/2/2022 Re: REZoning of property of Utica Sellersburg Road and New Chap... - Matt Owen Page 1 of 3 Re: REZoning of property of Utica Sellersburg Road and New Chapel Roads Matt Owen Tue 2/1/20221:14 PM To:rlockardlaw@aol.com <rlockardlaw@aol.com>; Ms. Lockard, Thank you for reaching out to express your views on the issue. I apologize for the delayed response. As you'll see below, I did forward your concerns to the City Clerk the morning after receiving your email. It will be included for the record at our Council meeting on Feb 7th. I can tell you that I am quite confident that the original plan presented by.Mr. Lenfert at the Plan Commission meeting last week will not pass a vote of the City Council. I.have spoken with the developer,the current land owner, and your District Councilman, Steve Webb, and I believe all parties understand that the original proposal will not be how the property in question is developed. Councilman Webb has indicated to the developer that there is no suitable development plan that he would support if multi-family apartments are included. It is my'suspicion that the Council as a whole will agree with Mr. Webb. Again, I thank you for reaching out to express your concerns. If you have any other comments, questions, or concerns please do not hesitate to reach out. Matt Owen, President ' Jeffersonville City Council mowen@ cityofjeff.net 502-889-0836 From: Matt Owen Sent:Wednesday,January 26, 2022 8:18 AM To: Lisa Gill Subject: Fwd: REZoning of property of Utica Sellersburg Road and New Chapel Roads Lisa, The email below was sent to the City Council in reference to a re-zoning that I anticipate will be on the Council's next agenda. Will you please ensure this objection is included in the record when we consider this re-zoning? https://exchange.cityofjeff.net/OWA/ 2/1/2022 Re: REZoning of property of Utica Sellersburg Road and New Chap... - Matt Owen Page 2 of 3 Thank you! Matt Owen Jeffersonville City Councilor, mowen@cityofjeff.net 502.889.0836 Sent from my iPhone. Please excuse any typos. Begin forwarded message: From: "Rebecca L. Lockard" <rlockardlaw@aol.com> Date:January 25, 2022 at 15:54:01 EST To: Dustin White <DWhite@cityofjeff.net>, Bill Burns<BBurns@cityofjeff.net>,Joe Paris <JParis@cityofjeff.net> Cc: Scottie Maples<SMaples@cityofjeff.net>, Donnie Croft<DCroft@cityofjeff.net>, Steven Webb <swebb@cityofjeff.net>, Matt Owen <mowen@cityofjeff.net>, Scott Hawkins <SHawkins@cityofjeff.net>, Ron Ellis<REllis@cityofjeff.net> Subject: REZoning of property of Utica Sellersburg Road and New Chapel Roads Reply-To: "Rebecca L. Lockard" <rlockardlaw@aol.com> CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. I sent an email to for the Plan Commission and Board of Zoning Appeals in regard to a re-zoning and a request for variances on the property located at Utica Sellersburg Road and New Chapel Road. The Plan Commission only makes a recommendation regarding the re-zoning and the decision for re-zoning is made by the Council. I am sending you a copy of the objection that I forwarded. I am asking you to deny the request for re-zoning when it is brought to you. Thank you for you attention to this matter. Please be advised that I am sending this email in opposition to the Re-Zoning and Request for Variances on the property located at Utica Sellersburg Road and New Chapel Road. In opposition to the Re-Zoning, I would argue that the application does not meet the requirements for a Re-Zoning. The Re-Zoning this property to a Multi-Family Residential does not comply with the comprehensive plan. The current conditions and character of structures and uses in the district is single family residential. This is not responsible growth and development. New Chapel Road and Utica Sellersburg Road have not been widened or changed since the 1980s. Since that time,the City has allowed 2 subdivisions and all without making changes to the road. Adding approximately 400 apartments to this area would increase the traffic by approximately 2900 additional trips per day. That is simply overwhelming for the roadway. This Re-Zoning is not appropriate for the area and is in total violation of the comprehensive plan. The Request for Variance also do not meet the statutory requirements for a variance. The City recently put sidewalks in all along New Chapel Road. There was no changes to the width of the road,but the City instead spent the money on sidewalks. All new developments in that area should be required to https://exchange.cityofjeff.net/OWA/ 2/1/2022 Re: REZoning of property of Utica Sellersburg Road and New Chap... -Matt Owen Page 3 of 3 have sidewalks in accordance with the Zoning Ordinance. Further, new development should be required to have any necessary buffers between R-1 and R-3. Allowing a variance would be injurious to the public health, safety, morals, and general welfare of the community. Allowing a variance would substantially affect the adjacent properties in an adverse manner. This strict application of the terms of the Zoning Ordinance would not result in a practical difficulty. The request for the variances is definitely self-imposed. Please read my objection into the record, or enter my objection into the minutes as part of the record. Thank you Rebecca L. Lockard Attorney at Law 411 Watt Street Jeffersonville, IN 47130 (812) 288-4326; FAX 288-4451 rlockardlaw@aol.com Home Residence: 3508 Sundancer, Jeffersonville,IN 47130 Rebecca L. Lockard Attorney at Law 411 Watt Street Jeffersonville, IN 47130 (812) 288-4326; FAX 288-4451 rlockardlaw@aol.com This email was scanned by Bitdefender https://exchange.cityofjeff.net/OWA/ 2/1/2022 Re: City Council Meeting February 7 Proposed development at 36... -Matt Owen Page 1 of 3 Re: City Council Meeting February 7 Proposed development at 3616/3618 Utica-Sellersburg Road Matt Owen Tue 2/1/2022 12:05 PM To:gatzgroup@aol.com <gatzgroup@aol.com>; • Mr. and Mrs. Gatz, Thank you for reaching out to express your views on the issue. I can tell you that I am quite confident that the original plan presented by Mr. Lenfert at the Plan Commission meeting last week will not pass a vote of the City Council. I have spoken with the developer,the current land owner, and your District Councilman, Steve Webb, and I believe all parties understand that the original proposal will not be how the property in question is developed. Councilman Webb has indicated to the developer that there is no suitable development plan that he would support if multi-family apartments are included. It is my suspicion that the Council as a whole will agree with Mr. Webb. Again, I thank you for reaching out to express your concerns. I will be forwarding your correspondence to the City Clerk so that it will be included in the record for our next Council meeting on February 7th, 2022. If you have any other comments, questions, or concerns please do not hesitate to reach out. Matt Owen, President Jeffersonville City Council mowen@cityofjeff.net 502-889-0836 From:gatzgroup@aol.com<gatzgroup@aol.com> Sent: Friday,January 28, 2022 2:03 PM To:Steven Webb; Matt Owen;Scott Hawkins; Ron Ellis Cc:gatzgroup@aol.com Subject:City Council Meeting February 7 Proposed development at 3616/3618 Utica-Sellersburg Road CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. January 28, 2022 RE: Proposed development at 3616/3618 Utica-Sellersburg Road To the Jeffersonville City Council: https://exchange.cityofjeffnet/OWA/ 2/1/2022 Re: City Council Meeting February 7 Proposed development at 36... -Matt Owen Page 2 of 3 We will not be able to attend the meeting on February 7, 2022, so we are writing to voice our opposition in advance. At the Planning and Zoning meeting on January 25, 2022, a vote was taken to NOT allow the rezoning by a majority of the Board. There were also 26 letters of opposition from surrounding neighbors who supported that vote. Our objections and concerns are as follows: --As residents of Ole Stoner Place, we have seen the development of several large subdivisions in the Utica-Sellersburg/New Chapel Road area, most recently Crystal Springs, bringing added traffic on a narrow two-lane road that is not well maintained. It is a safety concern. More apartments are already being built on Utica-Sellersburg Road at the intersection of Sundancer Drive, which will contribute to added congestion. The curves in the road and stop signs in close proximity will require a major reconfiguration to allow more traffic. —Drainage will be a major issue with the land being relatively flat and currently absorbing rainfall through the soil. Adding more hard surfaces for roofs, roads, parking lots, and sidewalks surrounding the buildings will cause even more flooding during the numerous storms that we experience for the small creek handling the current drainage. Even though the developer says they will add retention ponds, that does not take care of the problem. Retention ponds were installed when Crystal Springs was developed and still plague our subdivision from the "lake" in the Estates section. Minor issues were addressed with a larger culvert but that hasn't stopped the flooding, water across the road in at least two places, marshy standing water in large back yards, and the rush of water on our property that has already killed four large pine trees and more to come.after exposing the roots. --Our understanding is that the sewage treatment plant is at capacity that serves the area, which is also a concern: Ole Stoner Place yards in the valley area still complain of sewer smells. When we wrote Mr. Reischl, Director of Planning and Zoning, and asked how many apartment "units" have been added to Jeffersonville in the last five years, how many are currently in the pipeline approved and ready to go, and how many are currently under construction, his response was as follows: "We have permitted nearly 3000 new residential dwelling units in Jeff in the last 5 years. Of this about 50% of these are new apartment units. Another 20% are apartment units specifically developed for senior citizens. The remaining 30% are single-family homes." So, 70% apartments and 30% houses. Do we really need more apartments? Fix the existing problems before adding more buildings, residents, and vehicles. https://exchange.cityofjeffnet/OWA/ 2/1/2022 Re: City Council Meeting February 7 Proposed development at 36... -Matt Owen Page 3 of 3 We would ask that you please not allow the rezoning of this property and keep it R-1, as it is in the latest comprehensive plan for this area. It appears many who live in the area are opposed to it, so please listen to their voices. Regards, Don and Alice Gatz 5737 Lentzier Trace Jeffersonville, IN 47130 This email was scanned by Bitdefender https://exchange.cityofjeffnet/OWA/ 2/1/2022 Re: Zoning Change Proposal - Matt Owen Page 1 of 3 Re: Zoning Change Proposal Matt Owen Wed 2/2/2022 8:26 AM To:Billie Arthur <billiekarthur@gmail.com>; Mr.&Ms.Arthur, Thank you for reaching out to express your views on the issue. I am a life-long member of New Chapel United Methodist Church on New Chapel Rd,and am quite familiar with the area and how it has developed over the last 20 years. I can tell you that I am quite confident that the original plan presented by Mr. Lenfert at the Plan Commission meeting last week will not pass a vote of the City Council. I have spoken with the developer,the current land owner, and your District Councilman,Steve Webb, and I believe all parties understand that the original proposal will not be how the property in question is developed. Councilman Webb has indicated to the developer that there is no suitable development plan that he would support if multi-family apartments are included. It is my suspicion that the Council as a whole will agree with Mr. Webb. Again, I thank you for reaching out to express your concerns. I will be forwarding your correspondence to the City Clerk so that it will be included in the record for our next Council meeting on February 7th,2022. If you have any other comments,questions,or concerns please do not hesitate to reach out. ' Matt Owen Jeffersonville City Councilor, mowen@cityofjeff.net 502.889.0836 Sent from my iPhone. Please excuse any typos. On Feb 1,2022, at 20:07, Billie Arthur<billiekarthur@gmail.com>wrote: CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. To Whom It May Concern, This letter is in regards to the proposed development of the Northfield Apartment Complex located at the corner of Utica Sellersburg Road and New Chapel Road. The development of this 412 multi-family https://exchange.cityofjeffnet/OWA/ 2/2/2022 Re: Zoning Change Proposal - Matt Owen Page 2 of 3 dwelling is a very problematic one for the residents of the surrounding neighborhoods for a variety of reasons. The most egregious issue is the safety concerns caused by the increased traffic in an already high traffic area. Due to the neighborhoods that are accessed primarily via New Chapel Road, such as Stoneybrook and Steeplechase, there is already a high volume of traffic during the primary commuting windows during the week. This high traffic area already makes turning onto New Chapel Road from its adjoining roads a dangerous proposition at times in its current state. This proposed 412 unit development would add at least that many additional vehicles to the daily commute volume handled by Utica Sellersburg Road and New Chapel Road, with the potential for that number to easily double if the apartments average at least two vehicles per. None of the proposed entrances would be located on East 10th Street/Highway 62, which would add all of this increased stress to New Chapel Road and its adjoining routes. The volume of this increase alone is extremely problematic, but the location of either entrance would add an exponential increase to traffic collisions caused by turning into or out of the proposed development onto a road in a high density traffic area. The other problem created by this proposed development would be the burden it would place on an already over capacity Utica Elementary. Greater Clark County Schools has already closed down two existing elementaries in an attempt to cut costs, so it is unlikely that they would voluntarily expand an existing elementary school to handle the influx of children that this development would add. At best, the result would be larger class sizes than already exist and a strain on a building that was not built to handle its current enrollment size. In reality, this development would force kids who would have normally gone to Utica to now be rerouted to other elementary schools. In either scenario, the quality education that many see Utica Elementary as providing would be degraded and done so to the detriment to the children who fall in its district, both currently and with those who would be added by this proposed development. The final issue with the proposed development is the zoning change itself that is being proposed. City planning and zoning have designed our current zoning ordinances with the objective of designing a city's layout and development in a way that both benefits the community in the present and the community to come in the future. Jeffersonville's strategic plan over the past decade has sought to capitalize on its exponential growth in a manner that creates prosperity for the residents and businesses that currently exist, as well as those that are added as a part of this growth. The zoning ordinances exist to allow for development that makes sense to the community that it serves. Adding a development of this scale next to the hundreds of families that live in the adjacent neighborhoods of Steeplechase and Stoneybrook does not make sense based on the intent of our zoning principles, both for the current residents that live there or for the area as a whole. The Jeffersonville Zoning and Plan Commission voted to not recommend the request to change the current zoning designation and allow the property to remain properly zoned as R1 (Single Family Residential). We urge you as an elected member of the Jeffersonville City Council to follow suit and vote against this zoning change and the proposed Northfield Apartment complex. https://exchange.cityofjeffnet/OWA/ 2/2/2022 Re: Zoning Change Proposal -Matt Owen Page 3 of 3 Thank you, Michael and Billie Arthur 3510 Sundancer Jeffersonville, IN 47130 This email was scanned by Bitdefender https://exchange.cityofjeffnet/OWA/ 2/2/2022