HomeMy WebLinkAbout2025-OR-37 Failed Ordinance of Rezone for Area 1 of 1820 Charlestown Pike STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE 2025 OR ',37 6 ' /r d 3 -io l
AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF
PROPERTY LOCATED ON A PORTION OF 1820 CHARLESTOWN PIKE AND FULLY DESCRIBED IN
ATTACHED EXHIBIT A FROM PR-PARKS AND RECREATION TO R1-SINGLE FAMILY RESIDENTIAL-
LARGE LOT-Area #1
Whereas, Hoosier Fairway Investments, LLC filed a petition before the Jeffersonville
Plan Commission to change the zoning map designation of the real property located on a
portion of 1820 Charlestown Pike and fully described in the attached Exhibit A from PR-Parks
and Recreation to R1-Single Family Residential-Large Lot and,
Whereas, on August 26, 2025 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 September 2,
2025; 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 1820
Charlestown Pike and fully described in the attached Exhibit A is hereby changed from PR-
Parks and Recreation to R1-Single Family Residential-Large Lot.
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 2nd day of September, 2025.
Common Council of the City of Jeffersonville, Indiana
VOTED FOR: VOTED AGAINST:
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Evan Stoner, President
ATTEST:
isa G' I
City Clerk
Prepared by:
Les Merkley
Corporate Counsel
4
CITY OF JEFFERSONVILLE
DEPARTMENT OF LAW
Les Merkley,Corporation Counsel/Director of Legal Affairs
812-285-6493 office
Gi-T Y OA
W ��i1 0 812-285-6403 fax
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J www.cityofjeff.net
T
yA".t• Jeffersonville City Hall
500 Quartermaster Court
Jeffersonville,Indiana 47130
BEFORE THE CITY COUNCIL OF JEFFERSONVILLE,INDIANA
IN THE MATTER OF THE ORDINANCE
CHANGING THE ZONING MAP
DESIGNATION OF A CERTAIN TRACT
OF PROPERTY LOCATED ON A PORTION OF 1820 CHARLESTOWN PIKE AND FULLY
DESCRIBED IN ATTACHED EXHIBIT A FROM PR(PARKS AND RECREATION)TO R1
(SINGLE FAMILY RESIDENTIAL-LARGE LOT)-Area#1
NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP
DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED ON A PORTION OF 1820
CHARLESTOWN PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM PR
(PARKS AND RECREATION)TO R1(SINGLE FAMILY RESIDENTIAL-LARGE LOT)
Notice is hereby given that the City of Jeffersonville has filed an Ordinance with the Jeffersonville
City Council,Jeffersonville,Indiana asking for a change in the zoning map designation of a certain tract of
property located on a portion of 1820 Charlestown Pike as recommended by the Plan Commission from
PR(Parks and Recreation)to R1 (Single Family Residential-Large Lot)
A public hearing will be held on Tuesday,September 2,2025 at 6:00 pm in the City Council
Chambers, 1n floor,City Hall,500 Quartermaster Court,Room 101,Jeffersonville,Indiana at which time
and place all interested persons will be heard in reference a matters set out' said o ' ance.
Les Merkley
Corporation Counsel
Jeffersonville City Hall
500 Quartermaster Court
Jeffersonville,IN 47130
(812)285-6423
POSTED AND EMAILED ON August 27,2025
TO THE FOLLOWING:
Via Email to:dsuddeath(a).newsandtribune.com
Via Email to:newsroom@newsandtribune.com
Posted to:www.cityofjeff.net
Live Transmissions of meeting and archived copies of live transmissions of meeting can be found at:
https://vim eo.com/cityo fj eff
Public Meeting Notices and Agendas can be found at http://services.cityofjeff.net/WebLink/
Appointed Officers: Duard Avery, Appointed by Mayor, Term: 1/1/2025 to 12/31/2027 Chris Bottorff,
Appointed by Mayor, Term: 1/1/2025 to 12/31/2027 Mike McCutcheon, Appointed by Mayor, Term:
1/1/2025 to 12/31/2027 Dave Schmidt, Appointed by Mayor, Term: 1/1/2025 to 12/31/2027 Bill Burns,
Appointed by City Council,Term: 1/1/2025 to 12/31/2025 Steve Webb,Appointed by City Council,Term:
1/1/2025 to 12/31/2025 Donna Reed,Appointed by City Council,Term: 1/1/2025 to 12/31/2025
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STATE OF INDIANA
BEFORE THE JEFFERSONVILLE PLAN COMMISSION
IN RE THE APPLICATION OF:
Hoosier Fairway Investments,LLC I PC-25-22
TO REZONE CERTAIN TRACT:
10-21-02-000-264.000-009
FROM:
PR(Parks and Recreation)to R1 (Single Family Residential-Large Lot)
CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION
OF PROPOSED ORDINANCE
Whereas, Hoosier Fairway Investments filed a petition before the
Jeffersonville Plan Commission to change the zoning designation of the property
described in attached Exhibit A (the "Property"), from PR to R1 •
Docket Number PC-25-22 ; and,
Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a
public hearing on the petition on August 26,2025 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 August 26,2025 , the Jeffersonville Plan
Commission (circle one):
Favorably Recommends / Unfavorably Recommen / Provides NO Recommendation
that the Jeffersonville Common Council enact by ordinance the proposed zoning
designation change of the property from PR to R1 as requested in the petition of
Hoosier Fairway Investments, LLC I PC-25-22 •
So certified this 26th day of August 2025
' C �
Chairman
I
-ty Plan Commission
yrr Staff Report
August 26, 2025
GrEti - Case No: PC-25-22
Location: Portion of 1820 Charlestown Pike
Applicant: Hoosier Fairway Investments, LLC
/ Current Zoning: PR (Parks and Recreation)
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Proposed Use: Residential
Council District: District 2 — Bill Burns
Request ,
•
Rezone property from PR (Parks and Recreation) to R1 ✓
(Single Family Residential — Large Lot).
Case Summary _¢
The applicant is proposing to rezone an approximately 0.96 t. ,
acre portion of the property along St. Andrews Road from PR ,� z3
to R1 to facilitate the development of single family houses.
A similar case was brought to the Plan Commission in
February 2025 which sought to rezone 0.85 acres of land to
R1. That case received an Unfavorable Recommendation
and was withdrawn prior to being heard by City Council. -" \
Staff Finding/Opinion
While insertion of R1 properties into this existing subdivision does not conflict with the City's
Comprehensive Plan in terms of promoting infill development, Staff feels that infill should ideally be
done in a manner that is of similar size and scale of the existing neighborhood. The applicant has
committed to do so through a series of zoning commitments (see attached) and staff finds them to
generally meet the standards of the adjacent properties. An argument could be made that the
conversion of golf course property could significantly devalue properties that currently have views of the
course, but the quantity of harm is somewhat unknown. It shall be up to the Plan Commission to decide
if the presented changes (i.e. the zoning commitments) are significant enough to change their
recommendation from the previous meeting.
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 district;
• The most desirable use for which the land in each district is adapted;
• The conservation of property values throughout the jurisdiction; and
• Responsible development and growth.
Required Action
Make a motion to forward this rezoning to the Jeffersonville City Council with one of the following
options: Favorable Recommendation, Unfavorable recommendation, or No Recommendation.
Recommended motion
"I make a motion to forward the rezoning request (PC-25-22) to the Jeffersonville City Council with
[insert recommendation]as presented to the Plan Commission on August 26, 2025.
Page 1 of 17 PC-25-22
Staff Analysis for Change in Zoning
The following is a summary of staff's analysis of the proposed development as it relates to the land use
and development policies of the Comprehensive Plan and Unified Development Ordinance:
Current Zoning and UDO Zoning District Intent
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Current Zoning t 0.`)« ,dts--,� !i•. \
The subject property is shown in the zoning map w, ;:,� +.;•
to the right. The property is zoned PR (Parks and ��•....
Ip PN111F •s,•
Recreation). The majority of the adjoining I z7o n;m$:`%;��sa,, ;1.e
properties are zoned R1 (Single Family lnt; :,••,
Residential — Large Lot). W , fit,=, ; `•I ,;;•,,;, ,r ar
District Intent: Existing •::: ' : \.
The PR (Parks and Recreation) District is intended to .`;�,;��,,•�=®• 8�•$•
provide a land use category for parks, open space, ��s ��� •, ti44. :
playgrounds, sports fields and other recreational
areas/uses. This zoning district may exist as a stand-alone use in any residential, commercial, or
industrial area. Ideally, the land use can make an excellent buffer between higher-intensity commercial
and/or industrial uses and adjacent residential districts.
The Plan Commission and Board of Zoning Appeals should strive to minimize lighting, noise, and other
potential harmful effects of recreational uses on adjacent residential uses. In addition, environmentally
sensitive use of land should be encouraged.
District Intent: Proposed
The R1 (Single Family Residential — Large Lot) District is intended to provide a land use category for
single family homes on large lots. The provisions that regulate this land use district should protect,
promote and maintain existing residential areas in the City of Jeffersonville and may also be used for
future housing growth.
The Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to protect this district
from conflicting land-uses such as industrial and large-scale commercial uses as well as nonfamily
oriented businesses. Article 6 of this ordinance includes 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.
Future Land Use Map and Planning Districts
This property has a Future Land Use classification of Residential Neighborhood. These areas are
primarily composed of single-family residences and should be preserved as such. Limited multi-family
uses may be allowed if they are small-scale, such as duplexes or triplexes and located along primary
road corridors including major and minor arterials and collector streets. Care should be taken to
integrate any non-single-family projects into the neighborhoods through architectural scale, design, and
adequate buffers. Some areas within this classification, especially in the northwestern parts of the city,
contain large tracts of undeveloped land. When developed these areas should favor single-family
subdivisions and only incorporate multi-family where immediately adjacent to a minor arterial or major
collector street. Commercial, industrial, and large-scale institutional uses should be discouraged.
Page 2 of 17 PC-25-22
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�% FUTURE LAND USE
1 ,P ,� ` _> Commercial Corridors
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1 e 1 Downtown Mixed Use
1 1 � EsiIndustrial
1 1 a° %` t ` ' r- Industrial/Commercial
1 e Mixed Use
`v / / i_ i Mixed Neighborhood
e r 4' / • % `
i� Ally ♦ Residential Neighbhorhood
Future Land Use Map
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Planning Districts Map
The project falls into the West Jeffersonville District on the Planning Districts Map. The following is
description of this Planning District from the Comprehensive Plan.
Planning District 6: West Jeffersonville
The West Jeffersonville Planning District is primarily organized along Hamburg Pike, Charlestown Pike,
and Veterans Parkway. This area has been developed almost entirely after 1970 and continues to be
developed today. There is a mix of uses in the District, but unlike Districts 1 and 2, these uses are
highly compartmentalized into industrial parks, commercial centers, and residential neighborhoods. The
District should be seen as mostly stable except for the areas around Veterans Parkway that are
continuing to develop. The following goals are established for Planning Area 6:
• Support mixed-residential and commercial development at Jeffersonville Town Center and
adjacent parcels around the Hamburg Pike and Veterans Parkway intersection
• Promote neighborhood-friendly development and densification along Veterans Parkway,
Hamburg Pike and Woehrle Road corridors
4 Page 3 of 17 PC-25-22
• Support infill development and redevelopment elsewhere where sensible. Uses and
development standards should align with adjacent, similarly-zoned parcels to the greatest extent
possible
• Support industrial development where established along Hamburg Pike. Consider changes to
zoning north of 1-265 that allow for further industrial development
• Ensure that any new developments or building additions within existing residential
neighborhoods are appropriate in elements such as scale, form, and setbacks;
• Reserve open space within new developments for recreational uses which serve local residents.
Open spaces should be well connected to the street network to ensure public use
Additional Notes
• None
Attachments
1. Current Zoning Layout
2. Proposed Zoning Layout
3. Site Plans
4. Letter of Intent
5. Zoning Commitment Letter
Page 4 of 17 PC-25-22
Current Zoning Layout
PR District (Parks and Recreation) APR;
3.34 PR District Intent. Permitted Uses, and Special Exception Uses
District Intent Permitted Uses Special Exception Uses
The"PR"(Parks and Recreation) Commercial:Recreation/Fitness Commercial:Recreation/Fitness
District is intended to provide a land • ball fields • banquet hall
use category for parks,open space, • community swimming pool • campground
playgrounds,sports fields and other • golf course/country club • marina
recreational areas/uses. • nature center/preserve • outdoor entertainment venue
• public docks/boat landing • theater,outdoor(no adult
This zoning district may exist as a
• skating rink entertainment)
stand alone use in any residential. Institutional/Public Facilities Communication/Utilities
commercial,or industrial area. • public park • telecommunication facility(other
Ideally,the land use can make
• public recreation center/pool than microcellular)
an excellent buffer between
Institutional/Public Facilities
higher-intensity commercial and/
or industrial uses and adjacent • cemetery/crematorium/
mausoleum
residential districts. • church/temple.mosque
The Plan Commission and Board • community center/senior center
of Zoning Appeals should strive • museum
to minimize lighting,noise,and • school,elementary/secondary
other potential harmful effects • school,higher education-single
of recreational uses on adjacent facility
residential uses.In addition,
environmentally sensitive use of
land should be encouraged.
Additional Notes:
3-38 Jeffersonville Unified Development Ordinance
4
PC-25-22
Page 5 of 17
PR District (Parks and Recreation) E
3.35 PR District Development Standards
Lot Dimensions Setbacks Other Requirements
- ,.ot Width
'Rear Yard
Setback
Matures
i'✓✓ Primly � J)Lot 1 - ..-.�I 46- Side f_- :�
Area - m Yard _ I „ >BY11�1A
El Q Setback
0p g rH Q
Property -.
Line t Lot
Coverage
Building ';Font Yard
Envelope '..Setback
i
� _ot Frontage !ROW. / R.O.W. ROW.
/
R.O.W.=As Dea+ed Trara'b an To Plan RR O.W.=Asd am Delioe Thaaarhre Plan R 0 W.=Its Defined on Thercurtenk Pion
Minimum Lot Area: Minimum Front Yard Setback:t Maximum Lot Coverage:
• 10,000 sq.ft. • 35 ft.when adjacent to an arterial • 65 ,of the lot area
Minimum Lot Width: • 25 ft.when adjacent to a local street Minimum Main Floor Area:
• 70 feet Minimum Side Yard Setback: • 900 sq.ft.min.for primary struct.
Minimum Lot Frontage: • 15 ft.for the Primary Structure2
• 65 feet • 5 ft.for an Accessory Structure2
Minimum Rear Yard Setback:
• 20 ft. for the Primary Structure3
• 5 ft.for an Accessory Structure3
Height Miscellaneous Notes:
1. Where located in the Downtown or Downtown-adjacent neighborhoods,
Accessory Sbuc*uras the front yard setback may be reduced to the average of the adjacent
structures at the discretion of the planning director.
tar sr mechanical
s exempt 2. Where located in the Downtown or Downtown-adjacent neighborhoods.
chimneys are
exempt the side yard setback for primary structures may be reduced to 5 feet:
the side yard setback for accessory structures may be reduced to 2 feet.
afred Building 3. Where located in the Downtown or Downtown-adjacent neighborhoods.
"a'ghl the rear yard setback for primary structures may be reduced to 12 feet:
Flat Root Structures Gable Roof Structures the side yard setback for accessory structures may be reduced to 2 feet.
(from rnghast (from highest gable roof) 4. Where located in the Downtown or Downtown-adjacent neighborhoods.
section of flat roof)
the maximum lot coverage may be increased to 85%.
Maximum Structure Height:
• Primary Structure:35 feet
• Accessory Structure:25 feet
See Article 6 for subdivision regulations
See Article 7 for additional development standards
See Article 8 for additional use-specific standards
Article Three:Zone Districts 3-39
Page 6 of 17 PC-25-22
6
Proposed Zoning Layout
RI District (Single Family Residential - Large Lot) ,N_
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 • child care/day care:owner • dwelling:accessory dwelling unitsl
Commission and Board of Zoning occupied • residential clubhouse/community
Appeals should strive to protect this • home occupation#1 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. Residential
• dwelling:single family,attached2
Article 6 of this ordinance includes Miscellaneous Uses
additional options and incentives • home occupation#2
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.
2. 200 foot maximum building length for all attached units
3-40 Jeffersonville Unified Development Ordinance
PC-25-22
Page 7 of 17
R1 District (Single Family Residential - Large Lot) R1
3.37 R1 District Development Standards
Lot Dimensions Setbacks Other Requirements
Lot WWII
Rear Yard
f Setback I Accessory ShtiGllrea L,w j
ti
Lot
f AreaPrimary Fsg'll,s'
+ o• P p� - o•
Properly ) lei6-'
line
Covens'"
Building 1FrntYard
Envelope Setback
- ,..ot From R.O.W. Z-3
R.O.W. R 0 W.
7.-
ROW.=A.Dewed on ttvad+hr.Pan Raw.=A.oereea on Tharadr m P.m ft O.w.=A.Defined on Thoroughfare Pr,
Minimum Lot Area: Minimum Front Yard Setback:1 Maximum Lot Coverage
• 9.000 Square feet • 30 ft.when adjacent to an arterial • 40%of the lot area
Minimum Lot Width: • 25 ft.when adj.to a local street2 Minimum Residential Unit Size
• 60 feet' Minimum Side Yard Setback: • 1.200 square feet
Minimum Lot Frontage: • 7 ft.for the Primary Structure3 Minimum Structure Width
• 25 feet • 5 ft.for an Accessory Structure • 22 feet for at least 60%of its length.
Minimum Rear Yard Setback: Maximum Primary Structures
• 20 ft.for the Primary Structure • 1 Primary Structure
• 5 ft.for an Accessory Structure
Height Miscellaneous Notes:
1. In an established subdivision the front setback shall be the average of
Arna000ry Strictures the adjacent homes,a 25%reduction may be taken on one face of a
.towerm.e•n
corner lot
2. At corner lots on local streets,the front setback may be reduced to
e.er'vr 20 feet
3. On wedge shaped lots along a road curve or at the end of a cul-de-sac.
shad Building the setback may be reduced to a minimum of 5 feet so long as the
i Height
average setback is greater than 7 feet.
Flat Roof Structures Gable Roof Structures 4. Where larger structures are allowed per Article 7 the maximum height
(from highest (from higher:gable roof) may be increased to 20 feet.
section of flat roof)
Maximum Structure Height:
• Primary Structure:35 feet
• Accessory Structure: 18 feet4
See Article 6 for subdivision regulations
See Article 7 for additional development standards
See Article 8 for additional use-specific standards
Article Three:Zone Districts 3-41
Page 8 of 17 PC-25-22
Site Plans
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Page 10 of 17 PC-25-22
Letter of Intent
PRIMAVERA & ASSOCIATES
ENGINEERING & LAND SURVEYING
April 24, 2025
City of Jeffersonville
Jason M. Copperwaite, Planning and Zoning
PE, PS, FAA-UAS 500 Quartermaster Court,Suite 200
President
Jeffersonville, IN 47130 Re: Zone Change Request
1820 Charlestown-Jeff Pike
David A. Sanders.PE Jeffersonville, IN 47130
Vice President
Mr. Reischl,AICP,
Travis Andres,
PE On behalf of our client, Hoosier Fairway Investments LLC,we are requesting a change in
Principal Geotechnical
Engineer zoning from PR to R1 and R2 for property located at 1820 Charlestown-Jeff Pike,
Jeffersonville, Indiana. The project is located in four areas of the existing Elks Run golf
William McDonough. course as detailed in the submitted plan set. The project was previously submitted and
EIT withdrawn at the request of the applicant. Although the requested rezoning areas remain
Sr. Project Manager the same,the plan has been amended to incorporate concerns of the neighbors regarding
the size of the lots that abut the existing R1 neighborhoods.
J. Michael Rich,
PE, CPESC
Sr. Project Manager The R1 (Single Family Residential - Large Lot) District is intended to provide a land use
category for single family homes on large lots.The provisions that regulate this land use
L. Matthew Blake, district should protect, promote and maintain existing residential areas in the City of
PWS Jeffersonville and may also be used for future housing growth.
Director of
Ecological Services
The R2 (Single Family Residential- Medium Lot) District is intended to provide a land use
category for single family homes on medium-sized lots while maintaining existing
Erik Mertes
Sr. Project Coordinator residential areas in the City of Jeffersonville for future housing growth.
Daniel Hartman, The proposal meets the intent of the following goals established for City of Jeffersonville:
PE
Project Manager 1. Promote new residential growth and development.
a. Development should be of a residential nature,
Chase Blakeman, b. Single-family development is preferable to larger-scale apartment
FAA-UAS
Project Manager communities,
2. Encourage diversity in housing prices,
Paul Primavera, 3. Allow higher intensity development and concretion only where immediately
PE. PS adjacent to, Charlestown-Jeff Pike.
President Emeritus
Page 1 of 2
301 E. Chestnut Street, Corydon, IN 47112
Phone: (812) 738-4124 Fax: (812) 738-6740
Page 11 of 17 PC-25-22
PRIMAVERA & ASSOCIATES
/ /- ENGINEERING & LAND SURVEYING
Per the above stated facts and adherence to the policies and goals of the adopted
Comprehensive Plan, we respectfully request approval for the change in zoning to these
Jason M. Copperwaite, areas.
PE, PS, FAA-UAS
President
Sincerely,
David A. Sanders.
PE
Vice President 4 i
Travis Andres.
PE
Principal Geotechnical Jason M.Copperwaite, PE, PS, FAA-UAS
Engineer
JMC/ms
William McDonough.
EIT
Sr. Project Manager 7.7.2o24\21997\pIannmg.o r,g12a997-narrt,v rev04-2a-2o25 do"
J. Michael Rich,
PE, CPESC
Sr. Project Manager
L. Matthew Blake.
PWS
Director of
Ecological Services
Erik Merten
Sr. Project Coordinator
Daniel Hartman,
PE
Project Manager
Chase Blakeman,
FAA-UAS
Project Manager
Paul Primavera,
PE, PS
President Emeritus
Page 2 of 2
301 E. Chestnut Street, Corydon, IN 47112
Phone: (812) 738-4124 • Fax: (812) 738-6740
Page 12 of 17 PC-25-22
Zoning Commitment Letter
202517238 25.00
08/13/2025 10:15 AM 5 PGS
MISCELLANEOUS
STEVE GILL,CLARK COUNTY RECORDER IN
RECORDED AS PRESENTED
**This document is being rerecorded to properly ,co2b1ede1 2b.00
reflect the full, complete and unobscured"Exhibit A" S
MISCELLANEOUS
RECORDER-sN
RFCDRnwFrf AC PRFSFNTFf
AMENDED ZONING COMMITMENT
This Zoning Commitment ("Commitment") amends the Zoning Commitment dated May 5, 2025 and
recorded on May 5,2025 at Instrument No.202509315 in the office of the Recorder of Clark County,Indiana and
is made in accordance with the provisions of I.C.36-7-4-1015(Note: Section 615 was repealed)by and between:
Hoosier Fairway Investments, LLC(hereinafter referred to as"Developer"), and
The City of Jeffersonville,Indiana,by and through its City Council and Plan Commission(hereinafter
collectively referred to as"City").
WITNESSETH:
WHEREAS,the Developer sought a re-zoning of the real estate located in Clark County, Jeffersonville,Indiana,
and more particularly described in the attached Exhibit"A"(the"Real Estate"),from PR(Park& Recreation)to
R-1 (Single Family Residential Large Lot) [Areas I,2 and 3]and R-3 (Small Lot Single Family)[Area 4] under
Docket No.'s PC-25-08,09, 10 and 11;and
WHEREAS, the Developer appeared before the Jeffersonville Plan Commission, with four (4) members present
on February 25,2025,in which the four(4)members voted to send the matter to the Common Council of the City
of Jeffersonville,with an unfavorable recommendation for the four(4)separate zoning changes;and
WHEREAS,since the vote of the Plan Commission,the Developer,while not truly a consideration for rezoning,
has revised the request with larger lots similar to the size of lots in the current Golfview Estates and has agreed to
place certain written commitments on the development for the future use of the Real Estate;and
WHEREAS, the Developer has agreed to certain conditions and restrictions for the proposed development
contingent upon the zoning changes of the Real Estate from PR to R-I and R-3.
NOW,THEREFORE,in consideration of the foregoing,the Developer agrees as follows:
1. Effectiveness of Commitment
The commitment set forth herein(the"Commitment")shall become effective and binding
only upon the adoption of an ordinance by the Common Council of the City of Jeffersonville,
Indiana,changing the current zoning classification of the Real Estate from PR(Park&Recreation)
to R-1 (Residential Large Lots) and the Real Estate Described in Exhibit B and R-3 (Residential
Small Lots).If such an ordinance is not adopted, this Commitment shall be null and void.
2. Duration of Commitment
The Commitment shall run with the Real Estate until such time as the Jeffersonville City
Council modifies or terminates them at a duly called and noticed public hearing.
3. Binding Effect
Upon effectiveness, the Commitment shall be binding upon the Developer, the Developer's
successors in interest,and any subsequent developer or owner of the Real Estate.
PC-25-22
Page 13 of 17
•
4. Restrictions
a. No platted R-I lot within the Real Estate shall be less than the minimum square footage as
required by Jeffersonville UDO,and shall match the sizes set out in Exhibit"A."'
b. No structure shall be situated nearer the front lot line than those allowed in the respective zoning
district.
c. No platted lot within the Real Estate shall contain less than the allowed minimum size in the
respective zoning district,and shall match the sizes set out in Exhibit"A."
d. No structure on any lot shall be situated less than the minimum allowed distance from the side
lot line.
e. The facades of all residences and other structures within the Real Estate shall be primarily
composed of brick on four(4)sides,with stone and Hardie board accents.
f The minimum square footage of residences shall be no less than 1,200 square feet on the first
floor of a single-story residence and no less than 800 square feet on the first floor of a two- story
residence.
g. No more than one(I)single family residence shall be constructed on any platted lot.
h. No modular,mobile or pre-fabricated home shall be allowed to exist or be placed on any portion of
the Real Estate.
i. The Developer shall develop a drainage plan and obtain approval from the Jeffersonville
Drainage Board for all new lots.
5. Recording of Commitment
Upon approval of the Zone Map Change by the Common Council of the City of Jeffersonville,
this Commitment shall become effective. If the rezoning is not approved,this Zoning Commitment shall
be void and of no effect.
6. Enforcement
The Commitment may be enforced jointly or severally by the Jeffersonville Plan Commission,the
City of Jeffersonville and/or the Developer.
Any action to enforce the Commitment shall be brought in the Circuit Courts of Clark County,
Indiana. A party bringing an enforcement action may seek injunctive relief, including temporary
restraining orders, preliminary injunctions, or permanent injunctions. If an enforcement action is
successful, the substantially prevailing party shall be entitled to recover its costs, including reasonable
attorney's fees. A change of venue from Clark County shall not be granted; however,a party may seek
and obtain a change of judge,where permitted by law.
Dated this day of August,2025,
Exact lines to be determined by the plat submitted with the Subdivision Application.
2
Page 14 of 17 PC-25-22
In Witness Whereof, Hoosier Fairway Investments, LLC has executed this Amended Zoning
Commitment restricting the Real Estate and certain uses on the date first set forth hereinabove.
Hoosier, airway In estments,LLC
By:
SIGNAPE AND TITLE
J76,44 k cc es5'��s'
PRINTED NAME
STATE OF INDIANA
)SS:
COUNTY OF FL.C,`-f )
Before me,a Notary Public,in and for said County and State,personally appeared HOOSIER FAIRWAY
INVESTMENTS, LLC, by its duly authorized member, MATT KIRCHGESSNER, and acknowledged the
execution of the foregoing as its free and voluntary act and deed for the use and pt:rposes mentioned herein,
Witness my hand and seal,this '5 day of at)5.3720
7
My Commission Expires: 12/25/2025
J FT, Public
Commission No.708759
Resident of Floyd N. JDi'NAKRAKT
y Co.,> Nnlurynublic-Seal
rIe d County-Stain of lndlane
Cannnlatlan Nun,car 7asio
My Cc Ittlor Ertlrei Ds!'27 2025
THIS INSTRUMENT PREPARED BY:
YOUNG,LIND,ENDRES&KRAFT
JOHN A.KRAFT,ATTORNEY
126 W.SPRING STREET NEW ALBANY,IN 47150
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.
Printed Name: Karen S,Hughes
3
Page 15 of 17 PC-25-22
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Page 16 of 17
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Page 17 of 17