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HomeMy WebLinkAbout2025-OR-40 Failed Ordinance of Rezone for Area 4 of 1820 Charlestown Pike yid y� s STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2025-OR- ` o 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 R2-SINGLE FAMILY RESIDENTIAL- MEDIUM LOT (Area #4) 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 R2-Single Family Residential-Medium 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 R2-Single Family Residential-Medium 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: /%/ 07--- \ 4P1' &IV' Evan Stoner, President ATTEST* A ti/ Lisa ill City Clerk Prepared by: Les Merkley Corporate Counsel CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley,Corporation Counsel/Director of Legal Affairs Y Dom, (4;0' a 812-285-6493 office ��j��ii��QQ N 812-285-6403 fax "'4J!�+ W www.cityofjeff.net 'nF`SCA44 Jeffersonville City Hall 500 Quartermaster Court Jeffersonville,Ind51:3130 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 R2 (SINGLE FAMILY RESIDENTIAL-MEDIUM LOT)-Area#4 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 R2(SINGLE FAMILY RESIDENTIAL-MEDIUM 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 R2(Single Family Residential-Medium Lot) A public hearing will be held on Tuesday,September 2,2025 at 6:00 pm in the City Council Chambers, lst floor,City Hall,500 Quartermaster Court,Room 101,Jeffersonville,Indiana at which time and place all interested persons will be heard in reference to the matters set out in said ordinance. es 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@newsandtribune.com Via Email to:newsroom@newsandtribune.com Posted to:www.cityotjeffnet Live Transmissions of meeting and archived copies of live transmissions of meeting can be found at: https://vimeo.com/cityofjeff Public Meeting Notices and Agendas can be found at http://services.cityofjeffnet/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 -4( STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF: Hoosier Fairway Investments,LLC I PC-25-25 TO REZONE CERTAIN TRACT: 10-21-02-000-263.000-009 FROM: PR(Parks and Recreation)to R2(Single Family Residential-Medium 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 R2 • • Docket Number PC-25-25 ; 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): Favorabl Recommends / .nfavorabl Recommend- Provides NO Recommendation 11.1111111111.11 that the Jeffersonville Common ounci enact by ordinance the proposed zoning designation change of the property from PR to R2 as requested in the petition of Hoosier Fairway Investments, LLC I PC-25-25 So certified this 26th day of August 2025 V\k' (,, Chairman Affcy G`-ty Plan Commission Staff Report '� .. August 26, 2025 <111,1 , G * ani _ N Case No: PC-25-25 Location: Portion of 1820 Charlestown Pike Applicant: Hoosier Fairway Investments, LLC ?‘44\11 Current Zoning: PR (Parks and Recreation) Proposed Use: Residential •FRgQ Council District: District 2— Bill Burns Request r ■y -'" - J/r L. C;'. _ �f , Rezone property from PR (Parks and Recreation) to R2 a . , / (Single Family Residential — Medium Lot). ' ' �. ►- � Case Summaryis fop, The applicant is proposing to rezone an approximately 1 acre portion of the property along Charlestown Pike from PR • - i .,.• '!r'� Cis v' v4 `w P1 to R2 to facilitate the development of single family houses. ;1 A similar case was brought to the Plan Commission in • EI 't / • February 2025 which sought to rezone the same acreage to R1. That case received an Unfavorable Recommendation and was withdrawn prior to being heard by City Council. Staff Finding/Opinion While insertion of R2 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. While the adjacent properties are zoned R1, most do not meet the minimum lot size requirements of R1. As such, staff feels that the R2 zone district is not out of character. The applicant's recorded commitments (see attached) also ensure that the housing to be provided is not out of character. There is some chance that the conversion of golf course property could devalue properties that currently have views of the course, but staff feels it would be minimal in this area. It shall be up to the Plan Commission to decide if the changes presented 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-25-25) to the Jeffersonville City Council with [insert recommendation]as presented to the Plan Commission on August 26, 2025. Page 1 of 17 PC-25-25 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 ;,.�,.r, Current Zoning ����; $� �•�`��,���„ . ..�,,.,y The subject property is shown in the zoning map �':j s .m., t` to the right. The property is zoned PR (Parks and Wit ' '�' • ej •rrrrr �1 A4r 1 ♦1 Recreation). The majority of the adjoining �� •ro, %ti .�` C"•'" ;IS properties are zoned R1 (Single FamilyACtrkg➢ �.t.; >tiy Residential — Large Lot). .; ?+y'a:%k,tor •P'i� Mxnyy a f as`-►� A® L District Intent: Existing Willi # 1,4' •' �`4 if N j The "PR" (Parks and Recreation) District is intended to provide a land use category for parks, open space, y- 2filv;* s�y����.+° ;'-'� , •` 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 R2 (Single Family Residential — Medium Lot) District is intended to provide a land use category for single family homes on medium-sized 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-25-25 Mera a pk�..I 1 Lei 1 J� o,, ice„ .%14 t� b ' :,�% FUTURE LAND USE 1 1 1 1 ; / i i Commercial Corridors 0io -..1 Downtown Mixed Use 1 I ^ � i I Industrial \ I 1 / / % * ,' ---1 Industrial/Commercial / ) Y ..____I Mixed Use ` i t. .. - Mixed Neighborhood I `' /� -� Residential Neighbhorhood F/ l Future Land Use Map r-`2' / 1,� /% 1 ® i , '''' \I /2///\- -xliP 1 \X f ' r \ I \� r I' A 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 Page 3 of 17 PC-25-25 • 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-25-25 Current Zoning Layout PR District (Parks and Recreation) PR; 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 This zoning district may exist as a • public docks/boat landing • theater,outdoor(no adult stand alone use in any residential, • skating rink entertainment) commercial,or industrial area. Institutional/Public Facilities Communication/Utilities Ideally,the land use can make • public park • telecommunication facility(other an excellent buffer between • public recreation center/pool than microcellular) higher-intensity commercial and/ Institutional/Public Facilities or industrial uses and adjacent • cemetery/crematorium/ residential districts. mausoleum • 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 of recreational uses on adjacent • school,higher education-single facility residential uses.In addition, environmentally sensitive use of land should be encouraged. Additional Notes: 3-38 Jeffersonville Unified Development Ordinance Page 5 of 17 PC-25-25 PR District (Parks and Recreation) PR1 3.35 PR District Development Standards Lot Dimensions Setbacks Other Requirements - Lot Width �RearYard 0Setback \ i� , • Side �'. Prima s'I CO' Area —� ❑ r YaN - - " Structure o Setback 4 c..) ri 0 T) -I -- y�n _:Line : r fh i ) Covera Building Front Yard b Envelope i Setback t Frontage 'ROW R.O.W. z......._.. R O W- R. .W._ / I R D.W.=As Defined on 7 Plan R.O.W. A•Dear,W an Tlgouy�4re PIS R.O.W.0.W.•N DalYrad on T7+ororgMare en � Minimum Lot Area: Minimum Front Yard Setback:' Maximum Lot Coverage: • 10,000 sq.ft. • 35 ft.when adjacent to an arterial • 65,of the lot area4 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 Structures the front yard setback may be reduced to the average of the adjacent structures at the discretion of the planning director. mechanical -tower *•xe^•t m are 2. Where located in the Downtown or Downtown-adjacent neighborhoods, exemptchi 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. shed Building 3. Where located in the Downtown or Downtown-adjacent neighborhoods. Height the rear yard setback for primary structures may be reduced to 12 feet: Flat Roof Structures Gable Roof Structures the side yard setback for accessory structures may be reduced to 2 feet. (tromnghest (hom highest gabble 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-25-25 Proposed Zoning Layout R2 District (Single Family Residential - Medium Lot) ;R? 3.38 R2 District Intent, Permitted Uses, and Special Exception Uses District Intent Permitted Uses Special Exception Uses The R2(Single Family Residential- Residential Commercial:Recreation/Fitness Medium Lot)District is intended to • child care/day care(owner- • golf course/country club provide a land use category for single occupied) Communications/Utilities family homes on medium-sized lots. • dwelling:single family • public well The provisions that regulate this land • dwelling:single family,attached' • telecommunications facility(other use district should protect,promote • residential facility for than microcellular) and maintain existing residential developmentally disabled/mentally Institutional/Public Facilities areas in the City of Jeffersonville and ill(less than 4 units) • church,temple.or mosque may also be used for future housing Institutional/Public Facilities • public recreation center/pool growth. • public park Residential The Jeffersonville's Plan Commission Miscellaneous Uses • dwelling:accessory dwelling units2 and Board of Zoning Appeals • child care/day care:owner • residential clubhouse/community should strive to protect this district occupied room from conflicting land-uses such • home occupation#1 Miscellaneous Uses as industrial and large-scale • home occupation#2 commercial uses as well as non- family 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. Additional Notes: 1. 200 foot maximum building length for all attached units 2. See Article 8.3 for additional standards. 3-42 Jeffersonville Unified Development Ordinance Page 7 of 17 PC-25-25 R2 District (Single Family Residential - Medium Lot) 3.39 R2 District Development Standards Lot Dimensions Setbacks Other Requirements - Lot Wdth - Rear Yard �� ( Setback, ) C? Acceaeory("'r.(� {.,]" (.JJ Structures ..� Lot _ Y Ales I 1 v Setback —7 „ Structure - imi O L� F 4 • 0• 4 Q 011 ._, I I Line Lot - emmno' Yard CoverageEMI*. Setback Lot Frontage-.__-'.ROW R.O.W. ROW. RROAN.=As Defined on Thoroughfare Pan R.O.w.=As Dented on Thoroughfare Plan R O.W.=A.Defined on Thoroughfare Plan Minimum Lot Area: Minimum Front Yard Setback:'- Maximum Lot Coverage • 6,500 Square feet • 30 ft.when adjacent to an arterial • 50%of the lot area Minimum Lot Width: • 25 ft.when adj.to a local street2 Minimum Residential Unit Size • 45 feet Minimum Side Yard Setback: • 1000 square feet Minimum Lot Frontage: • 6 ft.for the Primary Structure3 Minimum Structure Width • 25 feet • 3 ft.for an Accessory Structure • 22 feet for at least 60 J, of its length. Minimum Rear Yard Setback: Maximum Primary Structures • 20 ft.for the Primary Structure • 1 Primary Structure • 3 ft.for an Accessory Structure Height Miscellaneous Notes: 1. In an established subdivision the front setback shall be the average of Accessory Structures the adjacent homes,a 25%reduction may be taken on one face of a corner lot ��• p1 `o'er 2. At corner lots on local streets,the front setback may be reduced to cfermne s we exempt 20 feet 3. On wedge shaped lots along a road curve or at the end of a cul-de-sac, °r'Bd Bulking the setback may be reduced to a minimum of 5 feet so long as the "eight average setback is greater than 6 feet. Flat Roof Structures Gable Roof Structures (from highest (from highest gable roof) section of flat roof) Maximum Structure Height: • Primary Structure:35 feet • Accessory Structure:18 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 3-43 Page 8 of 17 PC-25-25 Site Plans • oc„,INVIGMI 1111ANO0M1117f ."""'s':.• �_ • N 3)Id.Jl'-NMC153'tlVXJ OM W!V RJ;s/�1I)I ' 14. 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Page 10 of 17 PC-25-25 Letter of Intent A 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 Merten 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-25-25 PRIMAVERA & ASSOCIATES to41 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 r, Travis Andres, PE Principal Geotechnical Jason M.Copperwaite, PE, PS,FAA-UAS Engineer JMC/ms William McDonough. EIT Sr. Project Manager ',.,2024\24997\planning. n,ng\24997.ndrt4Uw rw 04-24-2025 door 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-25-25 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 2u2s16b91 ,r5.00 reflect the full, complete and unobscured "Exhibit A" S MISCELLANEOUS STEVE GILL,CLARK COUNTY RECORDER IN RECORfFO&S PRFSFNTFn AMENDED ZONING COMMITMENT This Zoning Commitment ("Commitment") amends the Zoning Commitment dated May 5, 2025 and recorded on May 5,202E 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 1,2 and 3] and R-3 (Small Lot Single Family) [Area 4] under Docket No,'s PC-25-08,09, 10 and II;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 fbr 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-I (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 shah 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. Page 13 of 17 PC-25-25 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-25-25 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: tlrt� SIGNA ICE AND TITLE C cc - J7 �- ' �] PRINTED NAME STATE OF INDIANA )SS: COUNTY OF FL.fJ`f 0 ) 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 purposes mentioned herein. Witness my hand and seal,this day of / a1JJ�,20 My Commission Expires: 12/25/2025 it/ JO * 'FT, • • Public Commission No.708759 Resident of Floyd Co.,IN. J0,4AKRAKT NOlary?ublie-S�a ► Floyd County-SIolo a Indiana Con rnlcalon NLl51t 7087559 My C 4,4,151101,Exom net 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. 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CHESTNUT ST. 4 HOOSIER FAIRWAY INVESTMENTS, LIC 0 m f CORYDON, IN 47112 ELK RUN GOLF CLUB 3: h1 1 la '2 * � TEL: 11 73e-4124 1820 CHAR LESTOM?I-JEEP PIKE 2 N PI. i. ,,,PR_MAv[=a Fxx'(e14) 73/-4740 JEFFERSONVIL E, INDIANA 47130 PC-25-25 Page 17 of 17