HomeMy WebLinkAboutMARCH 14,2017 r
MINUTES OF THE JEFFERSONVILLE PLAN COMMISSION
March 14, 2017
• Call to Order
A meeting of the Jeffersonville Plan Commission was held on March 14, 2017 at 6:00
p.m. in the Council Chambers, First Floor, Jeffersonville City Hall, 500
Quartermaster Court, Jeffersonville, Indiana. Chairperson Dustin White called the
meeting to order.
• Roll Call
The roll was called and those members present were: Duard Avery, Rita Fleming,
Lisa Gill, Dustin White, 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 February 28, 2017 meeting were approved as written on a motion
made by Mike McCutcheon and seconded by Ed Zastawny. Lisa Gill abstain from
the vote. Motion passed on a vote of 5-0.
• New Business
1) PC-17-23
2) PC-17-25
The next item to come before the Commission is an application filed by Jeremie Reed
Builders, LLC requesting approval for a preliminary plat for property at the corner of
Charlestown Pike and Woehrle Road. The zoning is M1 (Multifamily Residential).
The applicant is proposing a 19-lot residential development.
The next item to come before the Commission is an application filed by Andrew Yin
requesting development plan approval for property located at 3119 E. 10' Street. The
property is zoned C 1 (Commercial). The proposed development is a gift shop.
Les Merkley stated the following:
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Jeffersonville Plan Commission Meeting—March 14, 2017
• Docket item number 4, PC-17-23 which is a preliminary plat approval, the
administration along with Planning&Zoning, Engineer and the request of the
Mayor that this item be tabled until the Drainage Board has an opportunity to
review the plans;
• It is our understanding the drainage is a major concern for the residents and
for the City;
• We have had drainage issues in this area; and
• We are asking that this item be tabled pending the review of the Drainage
Board.
Therefore, upon a motion made by Lisa Gill to table PC-17-23 and PC-17-25 as
requested, seconded by Rita Fleming.
John Kraft appeared before the Commission and stated the following:
• This is a preliminary plat and under the terms of your subdivision regulations,
drainage is not an issue until it becomes a final plat;
• The whole purpose in dealing with a preliminary is to allow for the developer
to know that they met the requirements for the subdivision control ordinance;
• If the drainage board issue is required before the preliminary that requires a
developer to spend engineering expanse without the knowledge that the
preliminary plat has been approved;
• I think that there is a great deal of misinformation at there but we are going to
be six weeks before we have another meeting with the Plan Commission; and
• We have no issue with meeting with the neighbors
Motion passed on a vote of 6-0.
3) PC-17-21
The next item to come before the Commission is an application filed by Jeffersonville
Town Center, LLC requesting a rezoning approval for approximately 78 acres located
at Jeffersonville Town Center Boulevard between Veterans Parkway, south to
Charlestown New Albany Pike. The current zoning is C2 (Medium to Large Scale
General Commercial) and the proposed zoning is C2-PD(Medium to Large Scale
General Commercial-Planned Development). The property is located within the
Commercial Corridor Overlay District.
Jack Koetter appeared before the Commission and stated the following:
• It is by design that there has not been any development on the south side of
Veterans Parkway;
• We take a lot pride in this development and we have taken time to get the right
tenant;
• Turn down offers in the past to make sure out vision of an upscale
development will be carried out; and
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Jeffersonville Plan Commission Meeting—March 14, 2017
• Would like to thank staff for their hard work.
Jason Emily appeared before the Commission and stated the following:
• In 2005 we had two development plans approved; one was known as Jefferson
Town Center North and the second known as Jefferson Town Center South;
• Jefferson Town Center South is what we would call a life style center, which
was a hot trend at the time but it not a trend any longer;
• We realized that the PD was not appropriate and has been vacated by the City;
• Earlier in the year we set down with staff to discuss what would be the best
model to bring this project to the City and settled on the PD;
• The scope of this project is so large we was bringing it in pieces and through
the changes in the project and City we was afraid we would not have the
uniformity that we wanted;
• We drafted a PD document;
• The scope of the project is the south side and is approximately 77 acres which
is about 16 more acres that what was in 2005;
• You will see over the next six to eight weeks dockets associated with this case;
• Phase 1 detail plan which is the west side will be the first detailed plan that you
guys will see; and
• Will be re-zoning two lots south of property from I1 to C2 and then the second
step is from C2 to C2-PD.
Lisa Gill stated that they have struck some permitted uses, for the record can you tell
the Commission which items has been removed.
Jason Emily stated the following:
• The uses that we included in the document followed the C2 District;
• The City has taken some steps to try and control some uses that are over used
or maybe not appropriate;
• Marked out auto sales and services but left in auto sales open air/new
dealership;
• Removing convenient stores with gas pumps/oil change facility, recreational
sales, airports, funeral homes,mortuary, helipad or heliport, light rail station,
sign painting and fabrication,mini storage facilities,motor bus station,railroad
stations,ball fields, lumber yards, satellite sales/service, and commercial
kennels;
• We have an architect group that has been working very hard on a theme;
• You see two very large boxes and a couple of smaller boxes, again this is
subject to change, we are working with our tenants;
• We will have some setbacks on the building and a pedestrian corridor;
• We are working hard to bring the scale of the big boxes down;
• There will be large anchor tenants on the west side of the property;
• This will all come back to you in a detail plan;
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Jeffersonville Plan Commission Meeting—March 14, 2017
Department of Planning and Zoning
City of Jeffersonville
April 12, 2017
To Whom It May Concern:
As a property owner in the area, you are hereby notified that the Jeffersonville Plan Commission
will hold a Public Hearing on Tuesday, April 25"' at 6:00p.m. in the City Council Chambers at
Jeffersonville City Hall to consider the following request
Andrew Yin filed a development plan application for property located at 3119 E.
10th St. The property is zoned C1 (Commercial). The proposed development is a toy
and gift store. The Docket Number is PC-17-25.
You are also hereby notified that the Jeffersonville Board of Zoning Appeals will hold a Public
Hearing on Tuesday, April 25th at 7:00p.m. in the City Council Chambers to consider the
following requests:
Andrew Yin filed an application for variances from the development standards for
property at 3119 E. 101h St. The proposed development is a toy and gift store. The
Docket Number is BZA-17-18.
Written comments in support of or in opposition to the request may be filed with or mailed to the
Jeffersonville Plan Commission's and Board of Zoning Appeals' staff(500 Quartermaster Court,
Suite 200, Jeffersonville, IN 47130) prior to or presented at the Public Hearing. The Public
Hearing is open to the public and any supporters or objectors will be heard.
Should you have any questions or concerns regarding this request please visit the Department of
Planning & Zoning between 8:30a.m. — 4:30p.m. Monday through Friday, or call us at (812)
280-4733.
• We are proposing two project type signs, thirty feet in height;
• One is on Veterans Parkway and Charlestown New Albany Road;
• The secondary level of sign which is twenty-five foot structure is along Town
Center Boulevard and then one on Hamburg Pike;
• We tried to off-set some of the height of these signs by doing co-tenants on the
monument signs;
• Duel uses will help reduce overall signage package;
• Major anchor in sign panels;
• There will be 1,000 feet between the signs;
• We have put a request in the code for 40' pole lighting, staff has made a
recommendation for 30' pole lighting;
• The building features will break up the scale, it can be done with materials
changes, awnings, landscaping, there is a lot of opportunity to break the walls
up and take the scale of the walls down; and
• The lighting poles will match with what is on the north side and will carry the
concept on the south side, it will be a typical parking lot light.
Mayor Mike Moore appeared before the Commission and stated the following:
• This is a large investment;
• This is a good project;
• Koetter has a good name in the community; and
• I support this project.
Therefore, upon a motion made by Duard Avery and seconded by Ed Zastawny to
send a favorable recommendation to City Council to rezone approximately 78 acres
located at Jeffersonville Town Center Boulevard between Veterans Parkway, south to
Charlestown New Albany Pike from C2 (Medium to Large Scale General
Commercial)to C2-PD(Medium to Large Scale General Commercial/Planned
Development). Motion passed on a vote of 6-0.
4) PC-17-15
The next item to come before the Commission is an application filed by Jake
Commercial Properties, LLC requesting rezoning for approximately 6.5 acres of a
property located at 100 Technology Way. The current zoning is Il (Business
Park/Light Industrial) and the proposed zoning is C2 (Medium to Large Scale General
Commercial). The property is located within the Commercial Corridor Overlay
District.
John Walling appeared before the Commission and stated the following:
• The acreage that we are asking to rezone tonight was originally part of the H
&B Bat Factory and now White Sale;
• It is 6.5 acres of land and is served by all utilities;
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Jeffersonville Plan Commission Meeting—March 14, 2017
• There are minor infrastructural improvements that we intend to make as part
of the future phase of Planned Development;
• Our intent is to rezone this from I1 to C2 and from C2 to C2/PD;
• White Sale does not have any intentions on expanding their facility; and
• Good ideal to eliminate the industrial uses.
Therefore, upon a motion made by Rita Fleming and seconded by Mike McCutcheon
to approve send a favorable recommendation to City Council to rezone approximately
6.5 acres of property located at 100 Technology Way from Il (Business Park/Light
Industrial)to C2 (Medium to Large Scale General Commercial). Motion passed on a
vote of 6-0.
5) PC-17-22
The next item to come before the Commission is an application filed by Jake
Commercial Properties, LLC requesting rezoning for approximately 6.5 acres of
property located at 100 Technology Way. The current zoning is I1 (Business
Park/Light Industrial). The intent to rezone from I1 to C2 (Medium to Large Scale
General Commercial)then rezone to C2-PD(Planned Development) to include this in
the Planned Development. The property is located within the Commercial Corridor
Overlay District.
John Walling appeared before the Commission and stated the following:
• The intent is to limit the C2 uses; and
• Follow the process as part of the Jeffersonville Town Center.
Therefore, Rita Fleming made a motion seconded by Ed Zastawny to send a favorable
recommendation to City Council to rezone approximately 6.5 acres of property
located at 100 Technology Way from I1 (Business Park/Light Industrial to C2
(Medium to Large Scale General Commercial) to C2-PD (Planned Development) with
the restrictions included in the packet. Motion passed on a vote of 6-0.
6) PC-17-24
The next item to come before the Commission is an application filed by Fernvo, LLC
requesting approval of a preliminary plat for 6 acres at 3511 E. 10`h Street. The
request will create two lots with a publicly dedicated road. The proposed
development would be called Dunlevy Center. The development is located in the
Commercial Corridor Overlay District.
Harold Hart appeared before the Commission and stated the following:
• Requesting a preliminary plat to create two lots;
• The property is south of Jeffersonville Commons;
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Jeffersonville Plan Commission Meeting—March 14, 2017
• Subdivided a 6 acre tract into two parcels, one being a 2.09 acres and the other
3.209 acre tract;
• The road will connect with Jeffersonville Commons; and
• Believe that they will have access to the traffic light.
Therefore, upon a motion made by Lisa Gill and seconded by Ed Zastawny to approve
the preliminary plat of Dunlevy Center as presented. Motion passed on a vote of 6-0.
7) PC-17-26
The next item to come before the Commission is an application filed by Joseph
Bennett requesting rezoning for approximately five acres of property located at 5101
Shungate Road. The current zoning is I1 (Business Park/Light Industrial) and the
proposed zoning is I2 (Industrial Park/Heavy Industrial). The applicant is also
requesting approval for a special exception use from the Board of Zoning Appeals for
this property. The property is located within the Commercial Corridor Overlay
District.
Joseph Bennett appeared before the Commission and stated the following:
• Purchase the property at 5101 Shungate Road;
• Our intent is to have a towing lot where all we do is store vehicles;
• We intend to pave most of the lot; and
• Construct a pole barn will all vehicles will be stored indoors.
Shawn Dade stated that he received seven to eight phone calls concerned about traffic,
property values and blocking the street.
Les Merkley stated the following:
• If this is rezoned he will still have to go before the Board of Appeals for a
special exception and development plan for your review and approval;
• Our code only allows for this type of facility to be conducted out of 12 with a
special exception; and
• It is my understanding that Mr. Bennett would be willing to stipulate in a
written covenant that if there is certain uses under 12 that would be offensive
or unacceptable to the Commission or to the neighbors it would be restricted.
Joseph Bennett stated that there would be no heavy equipment and the hours of his
operation is 9 to 4 during the day.
Nathan Pruitt stated that a Use Variance is there for things that change over time. As
time move forward new things are becoming popular and things originate that we have
not seen before.
Larry Cunningham, 5403 Shungate Road appeared before the Commission and stated
Page 6 of 13
Jeffersonville Plan Commission Meeting—March 14,2017
the following:
• I also owned the property at 5405 Shungate Road;
• Currently are properties are used a residential;
• To rezoned this property to 12 but once he moves out of there it will have an
12 designation;
• In the City's Comprehensive Plan that area is remain I1;
• 12 zoning is supposed to be very carefully looked at when it is next to
residential;
• There are thirteen properties down Shungate Road;
• Of those thirteen properties only two are commercial;
• This is not going to be an industrial area;
0 The current use is residential and as Jeffersonville moves in this direction
with residential, you are going to have an 12 property with all kinds of
potential issues;
• The cars have stayed there more than 15 days and they do have people in
there all hours of the night;
• I2 is not consistent with the City's Comprehensive Plan;
• When you look at the re-development process and you start looking at
properties, the goal is to re-developed these properties into more modern
business standards;
• 12 districts are already clustered into three primary areas away from
residential;
• The I-265 Gateway should be aesthetic pleasing and visible;
• I know he is planning on installing barn, but what will be going in there next;
• There has been questions that this might be a potential brown area;
• The City has a goal in the Comprehensive Plan to re-develop a brown area
and an automobile storage facility will just create another brown area;
• Has a study been done on the property to say whether it is a brown area or
not;
• In order to go to an 12 in the zoning ordinance it talks about safety, comfort,
convenience and healthful surroundings for family life;
• I2 zoning makes no sense;
• Does this facility require sewers, there are no sewers on Shungate Road;
• They are planning to pave and construct a building and there is already a
drainage issue on Shungate Road;
• This is a small road with no shoulder and close to intersection;
• Towing cars in this area will cause traffic to stop;
• Shungate Road was not built for this type of business; and
• I have a petition with me signed by over fifty people that are not in favor of
this application but if this is approved there should be stipulations put in place
to protect the surrounding properties.
Fred Anderson appeared before the Commission and stated the following:
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Jeffersonville Plan Commission Meeting—March 14, 2017
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• I own the property at 5101 Shungate Road;
• I bought this property over 50 years ago;
• Had to get an engineer from Lexington, Kentucky to get the property zoned to
set up and asphalt plant;
• This was an asphalt plant until about 3 years ago and never had any problems
with traffic;
• Never received any complaints; and
• Have retired and would like to get this property sold.
Les Merkley stated that the Commission has an option besides the use variance, the
Commission could grant the re-zone to I2 contingent upon written agreement stating
that the only uses is what would be allowed under the I1 District but would allow him
to receive the special exception under the 12.
Matt Owen. At-Large Councilperson appeared before the Commission and stated the
following:
• Received multiple calls and e-mails about this rezoning;
• There is no other 12 Zones in this area and we typically tried to avoid spot
zoning;
• A lot of the concerns from the neighbors has come because there hasn't been
communication on what this would look like;
• In the staff report it shows just a paved lot;
• I heard tonight that this would be indoor storage which I think would be more
acceptable to the neighbors;
• In the zoning code the 12 District specifically states that the Plan Commission
should strive to use the I2 district on a case by case basis and vacant land
should not be zoned 12;
• It recommends that the Plan Commission should not rezone without written
commitments; and
• Need more communication with the neighbors.
Therefore, upon a motion made by Mike McCutcheon and seconded by Duard Avery
to send a favorable recommendation to City Council to rezone approximately five
acres of property located at 5101 Shungate Road from I1 (Business Park/Light
Industrial)to I2 (Industrial Park/Heavy Industrial)with the following condition:
• Restrict the permitted uses to only uses permitted in I1;
• Contingent upon approval from the Board of Zoning Appeals on the Special
Exception; and
• Only indoor storage facility.
Motion passed on a vote of 4-2.
Roll call of vote was taken:
Page 8 of 13
Jeffersonville Plan Commission Meeting—March 14,2017
Rita Fleming - Yes
Ed Zastawny - No
Lisa Gill - No
Duard Avery - Yes
Dustin White - Yes
Mike McCutcheon - Yes
8) PC-17-27
The next item to come before the Commission is an application filed by Timark
Properties (Mark Hack)requesting development plan approval for property located at
2304 Allison Lane. The proposed use is a real estate office and additional commercial
endeavors. The property is located in the Commercial Corridor Overlay District.
Alan Applegate,Attorney representing Mark Hack appeared before the Commission
and stated the following:
• Purchase the property in June 2016 in the C 1 District;
• Submitted a development plan for this property in January 2017;
• The development plan that the Commission approved in January was subject to
the granting of four variances from the Board of Zoning Appeals;
• The variances was to allow a non-gabled roof, the size of the accessory
structure, configuration of parking and street cut;
• Part of the development plan that was approved included a side setback
variance;
• There is 25' side setback and requested a 10' side setback;
• If the building is pushed back it would allow a more interesting facade,
landscaping and sidewalks along Seminole Drive;
• The Plan Commission did approve the development plan which included the
10' side setback waiver, however the variances was denied from the Board of
Zoning Appeals;
• The applicant has modified the development plan and is seeking approval of
the plan;
• The variances was not granted because of traffic and drainage concerns
• The applicant access off of Seminole Drive but 15' is owned by the
homeowners association and has opposed this project and will not sell any
access to Seminole Drive;
• We have approached the adjoining Dentist Office and asked for a share access
easement through their lot and she respectfully declined;
• Mr. Hack has explored the avenues that he can to provide an alternative
access;
• He has not sold property off or added to this parcel;
• As of drainage, Mr. Hack has revised the drainage showing more detention at
the rear of the property;
Jeffersonville Plan Commission Meeting—March 14, 2017 Page 9 of 13
• It is possible for the applicant to meet the 25' setback standard but would stick
with the suggested setback standards;
• Other than the setback the revised plan does meet all the development
standards regulations; and
• Would like to seek approval of the development plan.
Lynn Armstrong appeared before the Commission and stated the following:
• The first drawings shows a site plan maintaining the 25' setback, we can fit the
parking and building in but what is doesn't allow us to do is keep a nicer
buffer between the building and Seminole Drive;
• If we can get the 10' setback we would be able to bring in some outdoor
seating and increased landscaping;
• The building will be approximately 6,500 square feet and a single storage
structure;
• The materials that we are proposing to use are brick and stone design; and
• The design of building keeps it in scale with the other buildings beside and
behind this property.
David Blankenbeker appeared before the Commission and stated the following:
• The original plan called for a garage structure larger than what is allowed but
the garage is no longer there it will be for detention;
• I talked to Andy Crouch and he tells me that there is a storm sewer out on
Allison Lane and it is out intentions to take as much as the water out to the
storm sewer; and
• The natural grade is the opposite direction so I can't tell you today if that
would be 2/3 of the property or half of the property.
Alan Applegate stated that he is requesting approval for the side setback the rest of the
development meets the standards.
Mark Hack appeared before the Commission and stated the following:
• His goal is to have his real estate office at this location along with housing
related business, such as insurance and title companies; and
• Not planning on retail.
Nathan Pruitt stated that we would love inter parcel connections and combine drives
and entrances but we don't have a requirement for it. They have not applied for gable
roof waiver or modified parking distribution waiver.
David Blankenbeker stated that parking has been moved back and the elevation of a
gable roof.
Les Merkley stated that the plan should be consistent with the Comprehensive Plan
Page 10 of 13
Jeffersonville Plan Commission Meeting—March 14, 2017
and traffic is a consideration.
Lisa Gill stated that traffic is a huge concerned and the entrance.
Alan Applegate stated the following:
• The use that they are proposing does not generate a lot of traffic;
• It is zoned for a restaurant which would be a greater traffic issue;
• The access is already there; and
• If traffic is an issue than this property cannot be used.
Rita Fleming stated that this went through Plan Commission with some
miscommunication from neighbors.
Duard Avery stated that this plan was very well thought out and it a good usage.
David Blankenbeker stated the following:
• When we was at the Board of Zoning Appeals meeting two months ago there
was four variances being requested;
• We had hoped that they would be voted on one at time to fmd out which one
of those was the critical issue;
• Instead they was voting on as a whole so we were not sure which variance was
the main issue; and
• We have removed all four variances from the Board of Zoning Appeals.
Mayor Mike Moore appeared before the Commission and stated the following:
• There is a lot of things in Jeffersonville to be proud of;
• There was a seldom used pawn reader at this location;
• There is going to be four businesses at the location with the same entrance;
• Traffic is a concerned for all of us;
• This is not a good use;
• This property is facing Seminole Drive which is a quiet neighborhood;
• Four businesses at one location, I hope common sense plays a role;
• All growth is not good;
• This does not respect the residence;
• McDonalds is not going on this property, no restaurant will be interested in
this property; and
• Does not fit in.
Bruce Herdt, 3016 Apache Drive appeared before the Commission and stated the
following:
• Concerned is just that they will be four businesses;
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Jeffersonville Plan Commission Meeting—March 14, 2017
• This amounts to a strip mall; and
• This development does not fit in.
Mike Campbell, 3017 Seminole Drive appeared before the Commission and stated the
following:
• This does not fit in across the street from Jeff High School;
• Intersection is dangerous;
• There has been 14 accidents with 3 injuries at this intersection;
• My door has always been opened to discuss this project;
• Drainage out front but most of the drainage will go to Seminole Drive; and
• What goes into the sewer out front goes into the Lancassange Creek.
Nancy Hanna, 3015 Seminole Drive appeared before the Commission and stated the
following:
• Green space is good for our physical being;
• We need more green space;
• This is a dangerous situation; and
• There is a big white panel truck at this location and it doesn't look good.
Andrea Long, 3012 Seminole Drive appeared before the Commission and stated the
following:
• Traffic study should be done to make sure this entrance distance is safe.
Therefore, upon a motion made by Mike McCutcheon and seconded by Lisa Gill to
deny this application. Motion passed on a vote of 5-1 with Duard Avery voting
against the motion.
9) PC-17-28
The next item to come before the Commission is an application filed by Brandon
Denton requesting approval of a final plat for the first section of the Bridgepoint
Commons Planned Development, located off Highway 62. The first section of the
development would create three(3)new lots and 0.34 miles (1,770 ft.) of new streets.
David Blankenbeker appeared before the Commission and stated the following:
• This has been before you on two different times;
• Nothing has changes since the preliminary plat;
• The exact dimensions of the parcels will be coming back; and
• This is being done mainly to dedicate this road.
Therefore, upon a motion made by Mike McCutcheon and seconded by Ed Zastawny
Jeffersonville Plan Commission Meeting—March 14, 2017 Page 12 of 13
to approve the final plat as presented. Motion passed by a vote of 6-0.
10)ZO-17-8
The next item to come before the Commission is an amendment to the Jeffersonville
Comprehensive Plan(2015-OR-58). The proposed amendment would revise the
Future Land Use Man on page 35.
This application has been requested to be tabled.
Therefore, upon a motion made by Lisa Gill and seconded by Rita Fleming to table
this request. Motion passed by a vote of 6-0.
• Reports from Officers Committees and Staff
None.
• Adjournment
There being no further business to come before the Plan Commission the meeting was
adjourned at 8:11 p.m.
Dustin White, Chairperson
Submitte
m Mills, Secr ary
Page 13 of 13
Jeffersonville Plan Commission Meeting—March 14,2017