HomeMy WebLinkAboutJPC January 28, 2025 MINUTES OF THE
JEFFERSONVILLE PLAN COMMISSION
January 28, 2025
Call to Order
Board President Mike McCutcheon calls to order the Plan Commission meeting. It is Tuesday,
January 28, 2025, it is 5:30 pm in the City Council Chambers, Jeffersonville City Hall, 500
Quartermaster Ct., Jeffersonville, Indiana. The meeting was held in person and streamed live on
the City's website and City's Facebook page.
Roll Call
Board President Mike McCutcheon and board members Duard Avery, Bill Burns, Donna Reed,
and David Schmidt were present in the City Council Chambers. Members Chris Bottorff and
Steve Webb were absent. Also present were Planning & Zoning Attorney Les Merkley, Planning
and Zoning Director Chad Reischl and Secretary Shane Shaughnessy.
(Secretary's Note: All plat maps, public letters, photos, etc. presented before the Plan
Commission on this date can be found in the office of Planning & Zoning.)
Approval of Minutes
Approval of the minutes from December 3, 2024. Mr. Schmidt made a motion to approve the
December 3, 2024 minutes, seconded by Ms. Reed. Roll Call vote. Motion passed 5-0.
Approval of the Docket
Motion to approve the agenda made by Mr. Burns, seconded by Mr. Schmidt. Roll call vote.
Motion passed 5-0.
Old Business
None
New Business
PC-R-01 Resolution concerning the partial vacation of Highland Trace Subdivision.
The Plan Commission is asked to approve and consent to the partial vacation of the Secondary
Plat of the Highland Trace subdivision; Plat Book 13, Page 43.
Alex Geddes stated the following:
• The Highland Trace condominium development was began about 20 years ago. The
developer completed about 10 units at the time. There were 18 acres that were
unintentionally encompassed in the condominium plat and have sat undeveloped since.
State statute states that such a plat may be partially vacated when 100% of interested
properties owners agree to it, which is what they have in this case.
Chad Reischl stated the following:
• This is a fairly procedural item that Staff feels needs to be done in order the develop the
rest of the property and approves of this vacation.
Open Public Comment
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No comment
Close Public Comment
Mr. Schmidt made a motion to approve the resolution, seconded by Mr. Burns. Roll call vote.
Motion passed 6-0.
PC-25-01 Rezoning
Jackie Conrad filed a Rezoning application for property located at 5102 Charlestown Pike. The
current zoning is Al (Agriculture); the proposed zoning is R3 (Single Family Residential —Small
Lot). The Docket Number is PC-25-01.
Erik Merten with Paul Primavera and Associates stated the following:
• The property is located on Charlestown Pike across from King Road. There are a
number of R3 zoned properties adjacent to the site. The site is located in Planning
District 10 of the Comprehensive Plan which promotes diversity of housing. The
proposed zoning will be in accordance with the UDO. We anticipate building 1600 sf
structures starting at approximately $275,000. We respectfully request a favorable
recommendation to City Council.
Chad Reischl stated the following:
• Staff feels that the rezoning would align with similar rezonings in the area and the size of
the property will limit the number of units that can built and thus should not have a
serious impact on the surrounding community.
Open Public Comment
Karen Foster stated she was speaking for her neighbors Jason and Shara Wiesenauer whose
properties boarder the subject property and could not be at the meeting. She read a statement
which said that drainage was poor coming off of the subject property and that their basement
frequently floods. The prior owner moved some dirt on the property which has cause the
flooding issue. There are numerous sinkholes on the lot which are an exit route for water on the
property and worries what would happen if they were covered up. She asked what types of
housing it would be and if they would be private homes or other living quarters.
Close Public Comment
Mr. Merten stated in terms of the drainage, the plans would have to be approved by the City's
Drainage Board before construction. For the sinkholes, Paul Primavera has ecological services
that can explore those and make sure they are dealt with properly. For the housing, it would be
private single family homes that would be built.
Ms. Reed stated that the Drainage Board would require a reduction of current water flow from
the site which could reduce the amount of water coming from the property.
Mr. Reischl clarified that the Drainage ordinance states the applicants could not allow more
water to exit from the site than prior to construction
Jason Copperwaite stated that there is a reduction required, but it is site-dependent and that
they would be required to mitigate the water coming from the site by moving it to an outlet rather
than how it currently flows on the site.
2
Mr. Schmidt made a motion a favorable recommendation, seconded by Mr. Burns. Roll call vote.
Motion passed 5-0.
PC-25-02 Primary Plat
Hilton Farm Development, LLC filed a Primary Plat application for the 139.75 acre property
located on the 5500 block of Charlestown Pike. The application is for a 603-lot single-family
residential subdivision. The current zoning is R3 (Single Family Residential —Small Lot). The
Docket Number is PC-25-02.
Jason Copperwaite with Paul Primavera and Associates stated the following:
• He is working with Jeff Corbett and Premiere Homes on this project. This property was
rezoned from Al to R3 early last year. There will be a mixture of lot sizes from 62 ft wide
at the most down to 40 ft wide lots with alleys as well as single family attached homes
along King Road. The attached homes would be 4 unit buildings with each unit on its
own lot. All the lots would be for sale. There will be a clubhouse with a pool on Common
Area B. The plat meets the standards of the ordinance with the exception of 2
modifications being requested: One to allow for the single family attached housing and
one to exclude the sidewalk along King Road. There will be no access to King Road and
give the rural nature of the road, we are requesting to omit that required sidewalk. The
next step would be to create construction plans and have them approved by the
Drainage Board. Due to the size of the site, a sizeable reduction is required from the
site.
Chad Reischl stated the following:
• The application meets the standards found in the UDO and that Staff is in support of the
two proposed modifications. Staff recognizes that there are still issues regarding
drainage and sewerage on the property and that those conversations are ongoing with
the Engineering and Wastewater Departments. Staff feels this largely meets the goals of
the Comprehensive Plan by increasing housing and housing diversity and thus Staff
supports this plat.
Open Public Comment
Ed Henley of 5020 King Road stated he was concerned with drainage on the site, the number of
vehicles on Charlestown Pike, the number of people who would be living on this property, and
speeding on Charlestown Pike.
Karen Kilned of 5318 King Road showed photos of King Road that show the road and bridge to
her farm flooded. She stated the flooding as gotten much worse as the area has gotten
developed which is made farming her land more difficult. She said that she was opposed to the
development due to this and the proposed density. She said that she has put in an electronic
gate to her house to prevent people from accessing her land and had concerns about safety as
a result.
Karen Foster of 5821 Charlestown Pike stated that she knows that they cannot stop
development but asked that it be the right development. She stated that greenfields in
Jeffersonville are being taken away and that they would be nice to have. She said that she and
her husband have elected to not sell her farm because she wants people to understand farms
and use them as a teaching tool. She said that the properties in the area has numerous
sinkholes and that there was a lot of subsidence because of the amount of water that flows from
3
the property. She said that she has had to sue the City and Mr. Copperwaite because of
drainage issues at the Whispering Oaks subdivision and she doesn't want to have to go through
that again with this project.
George Wenger of 5618 Charlestown Pike stated he bought his property in the early 1990s. He
said that when he bought the property, he tried to rezone his property to allow for a business
and was denied because it wasn't consistent with the area. He said that the property being
rezoned to R3 was not consistent with the area and should have been R1 to only have bigger
lots. He said there should be some restriction to have larger lots which may reduce the value of
their house.
Chris Huffmon of 5026 King Road said he owns property that abuts the rear of the subject
property. His concern is about drainage. He said that he put his own detention in to slow the
runoff on this property. He said that the floodplain has increased over time and is now on this
property. He stated that based on the drawings of the property, all of the detention is going to be
placed along Charlestown Pike and none along the back side next to his property. There is a
valley on the back side of the property that regularly floods and has concerns that developing
the property would significantly increase this problem, especially once they start moving dirt. He
was also concerned with the number of sinkholes on the property and knows that there are
underground caverns on the subject property.
Alice Butler stated that she used to live on the property in the 1970s and she said the former
owner of the farm would be upset with what was being planned for the property. She said that
she would have never wanted that many lots crammed onto the property. She said that this was
being fueled by River Ridge and the expectation of jobs but that River Ridge recently lowered
the amount of jobs they were expecting. She said that this was destroying what was once a
beautiful place to live and removing all of the farm land in the County. She said that traffic
Charlestown Pike would soon be like Dixie Highway. She said that the focus should be on the
people who have lived here all their lives rather than totally focusing on bringing more people in.
Mark Foster of 5821 Charlestown Pike asked if this matter could be tabled and have the
Commissioners come to the property to view it.
Close Public Comment
Mr. Copperwaite stated that the time to decide the density of this project was at the zone
change which the Plan Commission recommended approval to the City Council and approved
by the Council. He stated that the R3 zoning would allow for 4000 sf lots and a 25ft lot width
which Mr. Corbett elected to not push to the maximum density that was allowed which could
have doubled the number of lots. He said that there would be approximately 15 acres of
common area, some of which would be developed into amenities, but are not required by the
Ordinance. Regarding traffic, the City has been upgrading Charlestown Pike to accommodate
the development that's coming to this area. Regarding sinkholes, his company deals with
sinkholes on a daily basis which can be mitigated or avoided. Regarding drainage, there is a
reduction required and that the net affect downstream of this neighborhood would be less than
what is currently occurring on site.
Mr. McCutcheon asked how long a project of this size would last. Mr. Copperwaite responded
that, depending on the economy, about 5-10 years. Mr. McCutcheon asked that as they worked
their way through additional approvals such as the Drainage Board, if there could be less lots
created, which Mr. Copperwaite agreed was a possibility.
Mr. McCutcheon stated that the Board receives information about the cases well in advance of
the meeting and that it is the responsibility of the Commissioners to familiarize themselves with
4
the cases and the properties that are in question. He said that this Board is just tasked to review
the subdivision of land and that other approvals, including those related to drainage, would be
done by other boards at a later date.
Mr. Avery said that KIPDA had made a plan about 15 years ago that indicated that Charlestown
Pike was identified as a primary growth corridor for residential growth.
Ms. Reed asked about the lawsuit that was brought by Ms. Foster. Mr. Copperwaite stated that
when Whispering Oaks was approved by the County, there was no drainage requirement in
place which resulted in erosion onto neighboring properties. Since then, drainage requirements
have been put in place.
Mr. Reischl asked about drainage to the rear of the property as the property slopes to the rear,
but all detention appear to be placed at the front of the property near Charlestown Pike. He said
that Common Area A would also serve as detention and the goal is to decrease the net effect
downstream, not capturing everything into a detention basin.
Mr. Schmidt asked if Mr. Copperwaite has taken the drainage off the rear of the property into
consideration and if he has a plan to mitigate it. Mr. Copperwaite stated that he does have a
plan but the specific details still need to be created and that if the result of the plan results in
less lots, that's what they will do to be in compliance with the drainage ordinance.
Ms. Reed said that the Drainage Board will be a public meeting for people to attend with the
dates posted. Mr. Copperwaite said he wasn't sure when they would be going to the Drainage
Board as the plans still needed to be designed.
Mr. McCutcheon made a motion to approve the Primary Plat with modifications for 0-foot
setbacks for attached housing on Lots 17-48 and 63-86 and omission of the required sidewalk
along King Road, seconded by Mr. Schmidt. Roll call vote. Motion passed 4-0, with Mr. Burns
abstaining.
PC-25-03 Minor Plat
Hogan Holdings 108, LLC filed a Minor Plat application for the property located at 3414 E. 10'h
Street. The application is for a 3-lot commercial subdivision. The current zoning is C2
(Commercial— Large Scale). The Docket Number is PC-25-03.
Mike Hill with Land Design and Development stated the following:
• This is a Minor subdivision plat associated with a Development Plan that will soon be
submitted to the Planning and Zoning office. This will take 2 lots and subdivide them into
3 lots.
Mr. Reischl stated that typically the Plan Commission does not hear Minor Plats, but this
requires a Modification for minimum lot area. Staff feels that this is a typical situation on this
commercial corridor to make 3 distinct properties and Staff doesn't have an issue with the plat.
Open Public Comment
Paula Harper of 3630 Rolling Ridge Way stated that there was a great need for sidewalks
between Rolling Ridge neighborhood and 10'h Street as there are a lot of pedestrians who walk
on this road without sidewalks. She also said that the two traffic lights between Eastbook and
Vissing Park Road have issues with timing and congestions and thinks that this should be taken
into consideration as more commercial properties are created.
5
Mr. Reischl stated that the development code requires that sidewalks be placed when new
development occurs.
Close Public Comment
Mr. Hill stated that when he submits the development plans for the properties, sidewalks will be
included.
Ms. Reed made a motion to approve the Minor Plat with modifications for lot size (1.01 acres for
Lot 2 and 1.27 acres for Lot 3), seconded by Mr. Burns. Roll call vote. Motion passed 5-0.
PC-25-04 Primary Plat
DC Develop, LLC filed a Primary Plat application for the property located at 1613 E. 8th Street.
The application is for a 61-lot single-family residential subdivision. The current zoning is R3
(Single Family Residential —Small Lot). The Docket Number is PC-25-04.
Scott Adams with DC Develop, LLC stated the following:
• He is here to present details about a new subdivision called River Rail Landing. The
property owner is the City of Jeffersonville Redevelopment Commission and that they
are under contract to purchase the property. It is the site of the former Eastlawn
Elementary School. The City rezoned the site to R3 which is consistent to the
surrounding properties. There will be 2 entrances onto 8th Street and the 61 lots will
meet the R3 standards. There is one modification being requested to reduce the amount
of pavement from the typical street cross section from 28 feet to 26 feet with a rolled
curb and gutter. Jeffersonville has the widest street standard in the area and this
modification plays into the market for these houses being for an affordable buyer. There
are a number of conditions placed on the sale of this property by the Redevelopment
Commission including a 20 foot landscape buffer along 8th Street and a 3-4 foot tall
berm. They have also agreed to add a brick skirt along the homes that are at the
entrances to the subdivision. They have also reserved a future pedestrian access point
from inside the subdivision to the JeffBoat rail spur should that be converted into a path.
The builder is offering a new product line that has 5 floor plans and 45 possible exterior
plans that can be modified by the customer. The base price would be $225,000 to
$275,000.
Mr. Reischl stated that this is an infill project that meets the goals of the Comprehensive Plan of
increasing home ownership and increasing residential density in this area. Staff feels this will be
a great addition to the community.
Open Public Comment
Russell Collett who lives on Ellwanger Avenue stated he has lived there since 1978 and lives
next to the subject property. He would prefer that this property be made into a park rather than
be built upon to allow for soccer fields to be made and maintain his privacy.
Ms. Reed said that she is planning to move the soccer goals over to the Aquatic Center to have
a place for the kids to play soccer.
Close Public Comment
Ms. Reed asked that the prices for these homes sounded incredibly low and wanted to make
sure that they will be quality homes. Mr. Adams responded that prices differ based on the region
but that the proposed houses will meet all building code standards and that the base price could
be modified if the buyer wishes to purchase upgrades to the house. Ms. Reed also said that she
6
thinks it's important to add more single family properties in this area and appreciates that they
took the rail spur into account.
Mr. Schmidt said he like the landscape berm that is being proposed.
Mr. McCutcheon said that he wasn't in favor of the modification at first, but after doing more
research on the issue, said he was in favor of it because the sloping curbs allowed for more
space to provide emergency access compared to hard curbs.
Ms. Reed made a motion to approve the Primary Plat with the modification of 26 foot paved
street surfaces, seconded by Mr. Schmidt. Roll call vote. Motion passed 5-0.
ZO-25-01 Text Amendment
The Department of Planning and Zoning submitted a text amendment to the Unified Development
Ordinance for recommendation to the City Council. The proposed amendments are for Articles 3
and 12 and the Use Matrix as it pertains to alcohol and smoking retail stores. The Docket Number
is ZO-25-01.
Chad Reischl stated the following:
• Recently the State of Kentucky has placed a number of restrictions on vaping products
which has increased the number of people who want to set up vaping shops in
Jeffersonville. Having reviewed similar regulations in peer communities in the area it
appeared that the City was a little more permissive of these types of shops. These types
of shops can have a significant impact on the community and we wanted to get in front
of this. The amendment creates a new category of Retail, Retail 6, which includes stores
that sell alcohol and tobacco and makes them Special Exceptions in most Commercial
zoning districts. There is also a prohibition of these uses being established within 1/3 of
a mile of a Primary or Secondary school.
Open Public Comment
No comment
Close Public Comment
Mr. Burns made a motion a favorable recommendation, seconded by Mr. Schmidt. Roll call vote.
Motion passed 5-0.
Administrative Review Update
None
Report from Director's and Staff
None
Adjournment
There being no further business to come before the Plan Commission, the meeting was
adjourned at 6:46 pm.
\NA,L,\\\V\14,„:!__.
Mike McCutcheon, Chair Secre ry
7
Cross Reference: PLAT BOOK 20, PAGE 72
Parcel Nos.:
Lot 3: 10-19-03-300-139.000-009
Lot 5: 10-19-03-300-141.000-009
Lot 6: 10-19-03-300-142.000-009
VACATION OF PART OF SUBDIVISION PLAT KNOWN AS
VETERANS PARKWAY DEVELOPMENT PLAT RECORDED IN
PLAT BOOK 20, PAGE 72
Pursuant to Warranty Deed dated February 27, 2024, and recorded February 29, 2024, in
Instrument No. 202405045 in the office of the Recorder of Clark County, Indiana, the undersigned,
SPRIGLER-VETERANS LLC, is the owner of all of the property shown in the Veterans Parkway Development
Plat filed of record in Plat Book 20, Page No. 72, in Instrument No. 202412396,consisting of six(6) lots on
11.811 acres, in the office of the Recorder of Clark County, Indiana (hereinafter referred to as the "Plat").
Pursuant to the provisions of Ind. Code § 36-7-3-10, the undersigned hereby vacates and
terminates that portion of the Plat shown and described as Lot 3(containing 0.480)acres,Lot 5(containing
1.604 acres), Lot 6(containing 7.672 acres) (collectively,the"Vacated Property"). Further,since no public
ways within the Plat have been improved,the vacation called for herein also applies to, and terminates,
all public right of ways and public places within the Vacated Property in accordance with Indiana Code 36-
7-3-10(e).
Following the recordation of this instrument,this instrument shall terminate the effect of the Plat
on the Vacated Property, as well as all public rights in any unimproved public ways and places comprising
the Vacated Property and the Vacated Property shall hereinafter be described by the metes and bounds
description set forth in Exhibit A attached hereto. Notwithstanding the foregoing partial vacation, Private
Access Drive Aand Private Access Drive B shown on the Plat shall not be affected by this instrument,and
the use, maintenance, servient tenement and dominant tenements shall be governed by private
easement and covenants, conditions and restrictions filed of record as Instrument No.
in the Office of the Recorder of Clark County,Indiana.
Lots 1,2 and 4, Private Access Drive A and Private.Actess Drive$as shown on the Plat remain
unaffected by this instrument.
This instrument has been approved by the Jeffersonville Indiana Plan Commission as evidenced
by the Certificate of Approval attached hereto as Exhibit B and made a part hereof.
SORIGiER-VETERANS LLC,an Indiana
Lilted Liability Company
L
BY: 0 /
d Sprig ember
STATE OF INDIANA ) ,
)SS:
COUNTY OF CLARK
BEFORE ME,the undersigned,a Notary Public, in and for the above-named County and State,
personally appeared J. Chad Spri$ler, as Member of Sprigier-Veterans LLC, an Indiana limited liability
company, and acknowledged the execution of the foregoing Partial Vacation of Plat on behalf of said
company.
WITNESS my hand and notarial seal,this.2.4 dayof F6P11.44511' .2024.
My Commission expires:
Ft 2IM A r9 12 ,2153,3 Notary Public
Commissioned in CI t County t ;Y1'1 t 11r✓ H{SeA1}
Commission No. W6(99 25 Printed Name
Ce le Hewn
2` 1.SEAL4. bl°r Notary �S_fe0e of Indiana
Ccornisebn Num17erP0698826
MyFZra
r]_
4899-7951.3830,v.1
DECLARATION
I affirm, under the penalties for perjury, that I have taken
reasonable care to redact each Social Security number in this
document, unless required by law, and that this instrument was prepared by:
Alan M. Applegate,Attorney
STOLL KEENON OGDEN PLLC
428 Meigs Avenue
Jeffersonville, IN 47130
(812) 284-9499
4899-7951-3630,v. 1
Exhibit A
METES AND BOUNDS DESCRIPTION OF VACATED PROPERTY]
CONSOLIDATED DESCRIPTION
LOTS 3, 5 & 6
VETERANS PARKWAY DEVELOPMENT PLAT (P.B, 20, PG. 72)
CLARK COUNTY, INDIANA
BEING LOTS 3, 5 AND 6 OF VETERANS PARKWAY DEVELOPMENT PLAT(PLAT BOOK 20, PAGE 72), CLARK
COUNTY, INDIANA AND BEING FURTHER DESCRIBED AS FOLLOWS,TO-WIT-
COMMENCING AT THE EAST CORNER OF SAID SURVEY 33; THENCE NORTH 35°00'31"WEST, ALONG THE
GRANT LINE, 677.0 FEET TO AN IRON PIN ON THE NORTHWEST RIGHT OF WAY OF THE B& 0 RAILROAD
AND ALSO BEING THE TRUE POINT OF BEGINNING OF THE LAND DESCRIBED HEREIN:
THENCE SOUTH 44°11'25"WEST ALONG SAID NORTHWEST RIGHT OF WAY OF THE B&0 RAILROAD, 487.23
FEET; THENCE NORTH 80°04'37"WEST, 214.71 FEET; THENCE SOUTH 09°55'23"WEST, 200.00 FEET TO THE
NORTH RIGHT OF WAY OF VETERANS PARKWAY; THENCE NORTH 80°04'37"WEST ALONG SAID NORTH
RIGHT OF WAY, 104.50 FEET;THENCE NORTH 09°55'23" EAST, 200.00 FEET; THENCE NORTH 80°04'37"
WEST, 115.50 FEET; THENCE SOUTH 09°55'23"WEST, 200.00 FEET TO SAID NORTH RIGHT OF WAY; THENCE
NORTH 80°04'37"WEST ALONG SAID NORTH RIGHT OF WAY, 68.00 FEET; THENCE NORTH 09°55'23" EAST,
127.18 FEET; THENCE NORTH 23°25'08' EAST, 34.28 FEET; THENCE NORTH 09°55'23" EAST, 39.48 FEET,
THENCE NORTH 80°04'37"WEST, 136.74 FEET; THENCE NORTH 44°10'10"EAST, 236.24 FEET;THENCE
NORTH 45°49'50"WEST, 25.00 FEET; THENCE NORTH 44°10'11" EAST, 710.95 FEET; THENCE SOUTH
35°00'31" EAST, 557,06 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 9.756 ACRES.
Exhibit B
CERTIFICATE OF PLAN COMMISSION APPROVAL
The Plan Commission for the City of Jeffersonville (the "Plan Commission") hereby certifies as
follows:
1. The Jeffersonville Plan Commission has jurisdiction over the area platted by the plat
known as Veterans Parkway Development Plat, as the same appears of record in Plat Book 20, Page No.
72, in Instrument No. 202412396 in the office of the Recorder of Clark County, Indiana under Ind. Code
§ 36-7-4; and,
2. The Plan Commission has reviewed the foregoing Vacation of Part of Subdivision Plat and
has approved the partial vacation of that portion of the Plat described in Exhibit A of the instrument to
which this Consent is attached as required by IC 36-7-3-10(d).
So approved by a majority of the entire membership of the Plan Commission at its regularly
scheduled and convened meeting held the 2546.% day of rJ , 2025.
CITY OF JEFFERSONVILLE, INDIANA PLAN COMMISSION
•
By: /yr
resident
Attested by:
Secretary
4905-2088-4497, v. 1