HomeMy WebLinkAboutDECEMBER 6, 2016 MINUTES OF THE JEFFERSONVILLE PLAN COMMISSION
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December 6, 2016
• Call to Order
A meeting of the Jeffersonville Plan Commission was held on December 6, 2016 at
6:00 p.m. in the Council Chambers, First Floor, Jeffersonville City Hall, 500
Quartermaster Court, Jeffersonville, Indiana. Chairperson Lisa Gill called the
meeting to order.
• Roll Call
The roll was called and those members present were: Duard Avery, Rita Fleming,
Lisa Gill, Scott Hawkins, Ed Zastawny and Mike McCutcheon. Those members not
present: Kathy Bupp. Also present were Linda Mills, Secretary, Shawn Dade,
Planning & Zoning Coordinator, Nathan Pruitt, Planning &Zoning Director, Les
Merkley, Planning& Zoning Attorney.
(SECRETARY'S NOTE: ALL PLAT MAPS, PHOTOS, ETC.
PRESENTED BEFORE THE PLAN COMMISSION ON THIS DATE
CAN BE FOUND IN THE OFFICE OF PLANNING AND
DEVELOPMENT.)
• Approval of Minutes
The minutes of the November 1, 2016 meeting were approved as written on a motion
made by Mike McCutcheon and seconded by Ed Zastawny. Motion passed on a vote
of 5-0.
• New Business
1) PC-16-67
The next item to come before the Commission is an application filed by RSC
Development Group, LLC requesting rezoning for property located at 5506 Highway
62. The current zoning is C 1 (Small to Medium Scale General Commercial) and the
proposed zoning is C2 (Medium to Large Scale General Commercial). The applicant
is proposing a medical clinic on the property which will not be for substance abuse or
behavioral health. The property is located within the Commercial Corridor Overlay
District.
David Sanders appeared before the Commission and stated the following:
• The medical center usage is outside the allowed usage for a C 1 zoning district;
• We are requesting rezoning from C1 to C2 to allow for this usage; and
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Jeffersonville Plan Commission Meeting—December 6, 2016
• We had a previous development plan approval for this area with the original
building 10,000 square feet and we are looking to replace this building with
this 8,300 square foot building with a medical usage.
Don Walker, 5288 Sanibel Vista Drive appeared before the Commission and stated the
following:
• I am the president of Stoneybrook Homeowner's Association;
• We are located directly south of this development;
• The developers have been very professional, they have shared their plans and
discussed them;
• They have listen to all our concerns; and
• We have no problems with the plans and they have been great to work with.
Scott Hawkins stated that he has received several inquiries on what a zoning change
may do. Would a substance abuse clinic be able to go there.
Nathan Pruitt stated that there is a separate ordinance that regulates that type of clinic
and they would have to be so many feet away from residence, which would not be an
options.
Therefore, upon a motion made by Scott Hawkins and seconded by Ed Zastawny to
send a favorable recommendation to City Council to rezone the property located at
5506 Highway 62 from C 1 (Small to Medium Scale General Commercial) to C2
(Medium to Large Scale General Commercial). Motion passed on a vote of 5-0.
2) PC-16-68
The next item to come before the Commission is an application filed by RSC
Development Group, LLC requesting development plan approval for property located
at 5506 Highway 62. The proposed development is an 8.263 square foot medical
clinic. According to the letter of intent, this will not be related to substance abuse or
behavioral health. The property is located within the Commercial Corridor Overlay
District. The property requires an access easement due to no street frontage. The
development requires Board of Zoning Appeals approval of variances.
David Sanders appeared before the Commission and stated the following:
• There was some concerned for the access for the facility, we have provided
Mr. Pruitt a copy of the cross access agreement for that property which we
will record once the minor plat has been executed;
• We are not requesting any waivers for this property;
• The building will have a brick fagade;
• The building will look similar to other buildings in this area; and
• The lighting plan does meet the ordinance.
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Jeffersonville Plan Commission Meeting—December 6, 2016
Therefore, upon a motion made by Ed Zastawny and seconded by Scott Hawkins to
approve the development plan as presented. Motion passed on a vote 5-0.
3) PC-16-78
The next item to come before the Commission is an application filed by RSC
Development Group LLC requesting development plan approval for property located
at 5506 Highway 62. The proposed development is a 15,000 square foot commercial
building. The development requires Board of Zoning Appeals approval of variances.
Prior development waiver(variance) granted was 16 less evergreen trees for BY-01
Buffer Yard Standards.
David Sanders appeared before the Commission and stated the following:
• This is identical to the previous plan;
• We have added 240 square feet to the building;
• We have added some additional trees but have filed an in lieu landscape
application;
• The lighting plan meets the City standards; and
• Requesting a waiver for the trees.
Nathan Pruitt stated the following:
• We did waive sixteen trees in the previous plan;
• In addition to that they have volunteer to install a 8' vinyl privacy fence behind
the property;
• We have six landscape islands within the plan, we have a landscape standard
that states in those parking islands you should have one deciduous tree that is
of canopy style to reach 30 feet;
• They still have flowering ornamentals recommended, which is out of
regulations.
David Sanders stated that they would change the ornamentals trees to deciduous
canopy style trees.
Rita Fleming came into the meeting.
Shawn Dade stated that he did receive a phone call regarding concerns about drainage
issues in this area.
Therefore, Ed Zastawny made a motion seconded by Scott Hawkins to approve the
revised development plan with the waivers and the landscape in lieu program. Motion
passed on a vote of 6-0.
4) PC-16-69
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Jeffersonville Plan Commission Meeting—December 6, 2016
The next item to come before the Commission is an application filed by Curt Rafferty
requesting rezoning for property located at 1914 E. 10" Street. The current zoning is
M1 (Low Density Multifamily Residential) and the proposed zoning is C2 (Medium
to Large Scale General Commercial). The applicant is requesting the rezoning for
construction and operation of a commercial retail store.
William McDonough appeared before the Commission and stated the following:
• Across the street there is property zoned C2 and Industrial; and
• We are proposing to construct a Dollar General Store at 10th Street and
Woodland Court.
Lisa Gill stated that she has concerns regarding semi-trucks moving in and out of this
property.
William McDonough stated the following:
• The parking located at this site is in the back of the building but since this is a
corner lot it is considered the front yard;
• We have moved 13 spaces to make the turn in wider and added entrance in the
back;
• Will not be able to put the entrance off of 10th Street; and
• The City Engineer looked at this and this is the best scenario for this parcel.
Therefore, upon a motion made by Mike McCutcheon and seconded by Rita Fleming
to send a favorable recommendation to City Council to rezone property located at
1914 E 10th Street from M1 (Low Density Multifamily Residential) to C2 (Medium to
Large Scale General Commercial). Motion passed on a vote of 6 —0.
5) PC-16-70
The next item to come before the Commission is an application filed by Curt Rafferty
requesting a development plan approval with waivers for property located at 1914 E.
10th Street. On the corner of l Oth Street and Woodland Court. The proposed
development is a 7,500 square foot commercial retail store. The development also
requires Board of Zoning Appeals approval for multiple variances.
William McDonough appeared before the Commission and stated the following:
• This is a proposed Dollar General Store;
• On the landscaping plan it shows heavy landscaping on the side and on the
residential side;
• We also going to provide a 6' vinyl privacy fence along the residents side;
• We have a landscape island in the middle;
• We are also requesting fee in lieu of landscaping because there is not enough
room to set all the trees on the property;
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Jeffersonville Plan Commission Meeting—December 6, 2016
• The lighting plan meets the standards;
• Proposing a monument sign and wall sign that meets the standards; and
• Will have a parapet wall and the building will be constructed out of stone and
brick.
Shawn Dade stated that he received one letter with concerns regarding drainage and
traffic issues, the caller was not in opposition to this application.
Nathan Pruitt stated that we have a triangular landscape island at the corner just want
to ensure that we get a canopy tree there and not an ornamental.
William McDonough stated that that would not be an issue.
Lisa Gill stated that she does agree with the drainage issues but that will be address at
the Drainage Board.
Ed Zastawny stated that he has concerns about the traffic.
Therefore, upon a motion made by Scott Hawkins and seconded by Duard Avery to
approve the development plan with the waivers and landscape in lieu application.
Motion passed on a vote of 4-2 with Mike McCutcheon and Lisa Gill voting against
the motion.
6) PC-16-71
The next item to come before the Commission is an application filed by Terri Foster
requesting waivers for property located at 1508 Fabricon Boulevard. The waiver is
being requested for the required setbacks for the I2 zoning district for a proposed
future 1,152 square foot accessory structure on the property. The applicant is
appearing before the Board of Zoning Appeals for a request from the development
standards variance. The required side setback for the I2 district is 30 feet, and the
applicant is proposing a 10 foot side setback for the East side of the property.
Brian Smallwood appeared before the Commission and stated the following:
• We are here for a side yard setback;
• The original building is not part of this at all;
• They are constructing a three sided pole barn across from the original
building;
• We would like a 10' setback in lieu of the 15' setback required; and
• The reason is because of the type of vehicles they have maneuverability is a
problem,they are trying to get as much room as they can.
Therefore, upon a motion made by Rita Fleming and seconded by Ed Zastawny to
approve the setback waiver. Motion passed by a vote of 6-0.
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Jeffersonville Plan Commission Meeting—December 6, 2016
i 7) PC-16-72
l The next item to come before the Commission is an application filed b
G pp Y Doris
Prentice requesting approval of a final plat for the 8th phase of Buttonwood
Subdivision, located on Charlestown Pike, south of Woehrle Road. The 12.52 acre
development would create 30 new lots and 0.32 miles of new streets.
Duard Avery stated that he will be removing himself from the vote.
David Blankenbeker appeared before the Commission and stated the following:
• We was here a couple of months ago for a Primary Plat approval which was
granted;
• We have since been to the Drainage Board and received approval from them;
• We have been to the Sewer Board and received approval for sewers;
• We have also applied to the Sewage Department for a permit to construct the
sewers; and
• There has been no changes to the plat itself.
Nathan Pruitt stated that we discussed during the Primary Plat approval that sidewalks
are required as with lot conformance, landscaping and street lighting. We just want to
make sure it is in compliance.
David Blankenbeker stated that Ms. Prentice is in full agreement with the ordinance
and he will submit a drawing of the landscape if it is needed.
Therefore, upon a motion made by Mike McCutcheon and seconded by Rita Fleming
to approve the final plat as presented. Motion passed by a vote of 5-0.
8) PC-16-73
The next item to come before the Commission is an application filed by David Bauer
requesting approval of a final plat for the Hadley Commons PUD. The property is
2.11 acres and will be divided into 13 lots, and 0.07 miles of new streets will be
created. Small changes have been made to lot size after the preliminary plat was
passed to incorporate a larger drainage easement (was 10 feet and now is 20 feet).
David Blankenbeker appeared before the Commission and stated the following:
• This project was given approval more times than I can count;
• This project was before you under a different developer who is now deceased;
• Mr. Bauer has purchase the property and moving it forward under a different
name, the original name was Murphy's Cove; and
• This project has been through all the Boards and construction is about to start.
i Mike McCutcheon stated that they have created width in the street.
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Jeffersonville Plan Commission Meeting—December 6, 2016
Therefore, upon a motion made by Mike McCutcheon and seconded by Ed Zastawny
I to approve the Final Plat of Hadley Commons as presented. Motion passed by a vote
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of 6-0.
9) PC-16-74
The next item to come before the Commission is an application filed by Mark Hack
requesting development plan approval for property located at 2304 Allison Lane. The
proposed use is real estate office and additional commercial endeavors. There is
some drainage issues related to the property regarding standing water. Adjacent
neighbors are concerned with increased storm water runoff due to increased
impervious surfaces.
Lisa Gill stated that the applicant has requested to table this application.
Therefore, upon a motion made by Scott Hawkins and seconded by Ed Zastawny to
table this application. Motion passed on a vote of 6-0.
10)PC-16-75
The next item to come before the Commission is an application filed by Jeffrey Lamb
requesting waivers for property located at 1220 Missouri Avenue. The waiver is
being requested for the signage regulations on the parking structure of the hospital.
The location is zoned IS.
Mark Kidwell appeared before the Commission and stated the following:
• Replacement of existing channel letters on parking garage;
• Proposing sign with internal LED lighting;
• The boxes contain all the wiring and the letters will be placed on a raceway
box; and
• We had to dodge the build out on the parking garage and that is why we
cannot move them closer together.
Therefore, upon a motion made by Rita Fleming and seconded by Ed Zastawny to
approve the sign waiver as requested. Motion passed on a vote of 6-0.
11)PC-16-76
The next item to come before the Commission is an application filed by Brandon
Denton requesting a rezoning for property located at 4901 New Chapel Road. The
current zoning is R3 (Old City Residential) and the proposed zoning is C2 (Medium
to Large Scale General Commercial). The property is part of the Bridgepoint
Commons Development.
John Campbell appeared before the Commission and stated the following:
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Jeffersonville Plan Commission Meeting—December 6, 2016
• Bridgepoint Commons is a large PD development at the intersection of
Interstate 265 and Highway 62;
• We had a total of four parcels that we were seeking rezoning to a C2;
• Last month we was able to get rezoning on two of the four parcels;
• We have not obtained the sign affidavit on the third parcel and it's my
understanding that the fourth parcel next door to this parcel that deal is not
going to work out;
• The parcel that I'm seeking rezoning on today is 2.4 acres site along New
Chapel Road; and
• The overall development is 67 acres.
Lisa Gill stated that there was a 50 year lease with the Utica Fire Department on this
property, was that addressed with the leaser.
John Campbell stated that he was not aware of that but will have it research.
Therefore, upon a motion made by Mike McCutcheon and seconded by Rita Fleming
to send a favorable recommendation to City Council to rezone property located at
4901 New Chapel Road from R3 (Old City Residential)to C2 (Medium to Large
Scale General Commercial). Motion passed on a vote of 6-0.
12)PC-16-77
The next item to come before the Commission is an application filed by Burger King
requesting to take part in the City's "Sidewalk Fee-in-Lieu Program"to defer
connecting sidewalks on their property due to pending road widening in the area. The
proposed fee-in-lieu would be $5,700.
Nathan Pruitt stated the following:
• The City Engineer has signed off on this application as being an acceptable
application as to not install sidewalks; and
• We are just going to take those dollars in and use it at a later time.
Mike McCutcheon stated that this a been an issue for a long time, when the Fire
Department built on 10th Street that was part of the agreement, that we would not put
in sidewalks because of the 10th Street widen program. Mike McCutcheon asked if
we have the capability to put a time limit on this.
Les Merkley stated that once the applicant has paid the money they are released of
obligation, but the City does benefit because all the sidewalks will be consistent.
Rita Fleming stated that the money goes into a protective fund.
Therefore, upon a motion made by Ed Zastawny and seconded by Scott Hawkins to
approve the Sidewalk Fee-in-Lieu application. Motion passed on a vote of 6-0.
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Jeffersonville Plan Commission Meeting—December 6, 2016
13)ZO-16-04
IThe next item to come before the Commission is an amendment to the Jeffersonville
Zoning Ordinance (2000-OR-61) for recommendation to City Council. The proposed
amendment would:
• Amend process in Article Twelve
o Add Section 12.5 Requiring an Application for Certificate of Zoning
Compliance (CZC) for all new businesses/uses in the City.
o Required $50 fee.
o Permit is doubled to $100 if business opens without an approved
CZC.
Nathan Pruitt stated the following:
• This has come before you twice;
• We have had discussion with City Council with concerns with the fee
structural as well as the Certificate of Zoning Compliance; and
• We have work through that and then after you reviewed it we took it back to
City Council, Charlie Smith who is Executive Director of Building
Development Association in Southern Indiana he represents the home
builders as well as commercial builders and made some minor
modifications.
Therefore, upon a motion made by Mike McCutcheon and seconded by Rita Fleming
to send a favorable recommendation to City Council to adopt ZO-16-04 as presented.
Motion passed on a vote of 6-0.
• Reports from Officers, Committees and Staff
Nathan Pruitt stated that he is working on an annual report which would recap on
what we did this year.
• Adjournment
There being no further business to come before the Plan Commission the meeting was
adjourned at 7:02 p.m.
Lisa$ill, Chairperson
Submitted
in a Mills, ec ary
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Jeffersonville Plan Commission Meeting—December 6, 2016