HomeMy WebLinkAboutPC APRIL 30, 2019 MINUTES
OF THE
JEFFERSONVILLE PLAN COMMISSION
April 30, 2019
Call to Order
Chairperson, Mike McCutcheon, called the meeting of the Jeffersonville Plan Commission to order at
6:05 p.m. in the City Council Chambers,Jeffersonville City Hall, 500 Quartermaster Court,Jeffersonville, Indiana.
Roll Call
Members present were: Duard Avery, Chris Bottorff(arrived at 6:20), Ron Ellis, Dustin White and Mike
McCutcheon. Those members not present: Kathy Bupp and Lisa Gill. Also present were Nathan Pruitt- Planning&
Zoning Director, Les Merkley- Planning & Zoning Attorney, Ashley Woolsey- Planning &Zoning Coordinator and
Peggy Hardaway-Secretary.
(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
Motion made by Mr. Avery to approve the March 26, 2019 Minutes, seconded by Mr. Ellis and motion
passes 4-0.
Approval of Docket
Motion was made by Mr. Avery to approve the Docket with the following changes: move Old Business#2
PC-19-09 Willow Ridge Subdivision/Willow Ridge Subdivision Preliminary Plat and New Business PC-19-12
Jeffersonville Urban Enterprise Association Redevelopment/ARC Development Plan Approval to the end of the
docket to allow for the people to be here; seconded by Mr. White and motion passes 4-0.
Approval of Findings of Fact
Public Hearing Docket
Old Business
ZO-19-01 Establishing Regulations for Non-Commercial Livestock
Mr. Pruitt—this item has been tabled for several months and now changes would need to be cycled
through. I am not sure where that stands at this point. I have not heard any recommendation for changes. Mr.
McCutcheon—Mr. White were you able to come up with any findings to address this; are you comfortable with
where we are at? Mr. White—is anybody here to speak on behalf? Mr. McCutcheon—at this time we will open up
for public comment.
A text amendment to the Jeffersonville Zoning Ordinance was submitted for recommendation to the City
Council the proposed amendment is of establishing regulations for non-live stock.
Public Comment: Hye Muncy,416 Fulton Street Jeffersonville—I'm in favor of leaving the ordinance as it is
today; hens to be grandfathered in. Having chickens myself, is a gateway to meeting neighbors and beneficial to my
family. No complaints from my neighbors.
Mr. Avery—you are in favor to keeping the ordinance without changes that are proposed?
Ms. Muncy—correct
Mr. Avery—Mr. White was supposed to research this. Her support is not the new proposed ordinance.
Mr. White—could you estimate how far your coop is from your house?
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Jeffersonville Plan Commission Meeting—April 30, 2019
Ms. Muncy—my coop is 50' and my closest neighbor a bit more from their home. I do understand this is not
possible with a lot of houses in my area. We do not have big back yards downtown.
Mr. White—that is an issue I ran into, not everybody has a lot size they can have proper space for a coop.
Mr. McCutcheon—Ms. Muncy did you review the new ordinance proposed?
Ms. Muncy—I spoke with Mr. White and know the basics of what is being offered. Specifically—no.
Mr. Pruitt—Ms. Muncy how many hens do you have?
Ms. Muncy—three; had four at one time. I am trying to get out of the chicken business.
Board comments: Mr. McCutcheon—is there anything to change on the proposed ordinance?
Mr. White—in looking at the animal ordinance of 2016, the number we have is 4, but it is not just 4; it is 4
chickens and fowls. You cannot have anything else if you have 4. In the animal ordinance you can have 4 dogs or 6
cats or a combination of 8 dogs and cats. I would raise that to 8 or specify 4 chickens and 4 other animals.
Mr. Avery—are the chickens covered separately from dogs and cats?
Mr. White—yes
Mr.Avery—is there still a $300 fee if you have
Mr. White—yes; I would like us to consider; a matter of right in the agriculture district but by special use
exception in the R1, 2 and 3. Then people could just follow the new code and not have to apply.
Mr. Avery—I don't like the excessive fee; I don't think you should have 50 chickens, but 8 is not out of range
and a lot of people do raise chicken to eat and for the eggs. It doesn't seem like this is a wide spread problem where
there is somebody with chickens causing problems. Mr. White thrust is to do away excessive fee if you go over and
then be able to have 8 rabbits or chickens, would this make the City Council happy?
Mr. Pruitt—a recap 7.82 C and B—you are allowed in R1, 2 and 3 up to 4 chickens, fowls in excess of 4
requires special approval.
Mr. White—yes, to consider eliminating the prohibition against roosters and that there should be no
commercial farming in District R1, 2 and 3.
Mr. Ellis—part of the discussion at the City Council was not about chickens, it was about raising pigs. I think
part of this was to try an address limits on the amount of pigs.
Mr. White—that is why I suggest no commercial farming activity because they were raising those pigs.
Mr. Ellis—my questions at that time when they had in no roosters, I asked about other animals, other fowl,
such as peacocks, because of the noise a rooster makes, what makes them more noisier than a peacock?
Mr. Pruitt—C states the following uses shall be a right in Al and will be conditional for R1, 2 and 3. All
horse, goats, swine, etc cannot operate within the City without special exception.
Mr. White—what is the argument about the pig farm next to her house?
Mr. Pruitt—I'm not sure of that case, but it could deal with grandfathering or annexation.
Mr. White—we are trying to prevent that from happening again.
Mr. Merkley—this will not apply to anything grandfathered in
Mr. White—but we don't have anything to stop that
Mr. Merkley—correct
Mr. Avery—rabbits, roosters, chickens up to 8 and the commercial farming—swine, cows,goats, would be a
special usage where they would have to apply with Board of Zoning appeals.
Mr. White—C change to "the following accessory uses shall be by right in Al, R1, R2 and R3"
D b—change from 4 to 8
H d -delete prohibition of roosters
G d -add "there should be no commercial farming activities in District R1, R2 and R3"
Mr. Avery—does this meet with legal expertise?
Mr. Merkley—this will still need City Council approval.
Mr. White—motion to amend according to afore mentioned details, seconded by Mr. White and motion
passes 4-0.
Mr. White—made the motion to send to the City Council with a favorable recommendation, seconded
Mr. Avery, and motion passes 4-0.
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Jeffersonville Plan Commission Meeting—April 30, 2019
Mr. Bottorff arrived.
New Business
PC-19-11 Rezoning
The Early Church of Yeshua Ha Mashyah, Inc filed a rezoning application for approximately 10.1 acres parcel
of property located at 1805-1807 E 8th St. The current zoning is R2 (Single-family Residential) and Cl (Small to
Medium Scale Commercial) and the proposed zoning is IS (Institutional). Churches are permitted to operate in any
zoning district.The applicant plans to have church related administrative office space in one of the buildings, which
necessitates the rezoning.
Representation: Brad Benson Attorney with Applegate Fifer Pulliam 428 Meigs Avenue Jeffersonville
• Property owner is not applicant; but approves; property owner American Red Cross
• Odd property divided with Cl and R2; divided down middle; request is to come into compliance
• Property vacant for some time, under contract and should close within couple of weeks
• No parking issues or compatible issues with surrounding areas
Mr. White—you are making an application due to the administrative offices? Mr. Benson—the way the
property is set up there is permitted uses only for churches and institutional; we could have applied for a use permit
if it was this R2, but that is not allowed in Cl. We had to rezone.
Mr. Pruitt—this also coordinates well with the code tendency, Red Cross is still in the building. This benefits
the current land owner as well; bringing them in compliance with their institutional facility. Mr. Benson—we are not
sure how it got split up over the years, but this fixes it for everyone.
Public Comment: support—none; against—none
Mr. White made the motion to give a favorable recommendation to the City Council; seconded by Mr.
Avery, and motion passes 5-0.
PC-19-13 Development Plan Application
Tim Pudwell, Hilton Land Build 2, LLC filed a development plan application for property at 101 Jacobs Way.
The property is zone IR (Indiana Army Ammunition Redevelopment). The proposed development is a 563,032
square-foot industrial building.The applicant is requesting waivers regarding landscaping.The applicant also filed a
Development Standard Variance application.
Justin Olashch, American Structure Points 7260 Shade Land Station Indianapolis, for Exeter Properties
• Perimeter landscape west side—none, north—18, east—46, south—21
Public comment: support—none; against—none
Motion made to approve the development plan by Mr. McCutcheon, seconded by Mr. Avery and motion
passes 5-0.
PC-19-14 Request for Final Plat Approval
J.T. Development LLC filed a Final Plat application for approximately 11.65 acres of property located off of
Charlestown Pike (Parcel#10-19-03-500-739.000-009).The property is zoned R1PD Williams Crossing. The proposed
Final Plat has been altered slightly from the approved Preliminary Plat. Due to this change, the plat is not staff
approvable by Planning Staff and needs Plan Commission Approval.
Representation: John Kraft, Young Lind, Endres& Kraft 126 West Spring Street New Albany, as well as,
David Blankenbeker, of Blankenbeker&Son Surveyors
• Primary issue is the lake, which would have required a $400,000 fee to build a dam for the lake
• 3 detention basins, 2 on other side of road and equal what the lake would do
• Drainage board approved
Mr. White—will this help alleviate the drainage issue in this area?
Mr. Blankenbeker—yes reducing the run off by 50% more than what the City requires
Mr. Ellis—will the City be asked to maintain it?
Mr. Blankenbeker—no, it is my understanding that it will be maintained by the HOA
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Jeffersonville Plan Commission Meeting—April 30, 2019
Mr. Blankenbeker—the Drainage Board is considering partnering with the owners on the other side of the
railroad track to do some additional detention that should help the downstream neighbors as well.
Public comments: support—none; against—none
Motion made to approve the application by Mr. Ellis, seconded by Mr. Bottorff and motion passes 5-0.
PC-19-15 Request for Final Plat Approval
J.T. Development LLC filed a Final Plat application for approximately 8.85 acres of property located off of
Charlestown Pike (Parcel#10-19-03-500-708.000-009). The proposed Final Plat has been altered slightly from the
approved Preliminary Plat. Due to this change,the plat is not staff approvable by Planning Staff and needs Plan
Commission Approval. (see PC-19-14)
Motion made to approve the application by Mr. Ellis, seconded by Mr. Bottorff and motion passes 5-0.
PC-19-16 Request for Final Plat Approval
J.T. Development LLC filed a Final Plat application for approximately 7.69 acres of property located off of
Charlestown Pike (Parcel#10-19-03-500-739.000-009).The proposed Final Plat has been altered slightly from the
approved Preliminary Plat. Due to this change,the plat is not staff approvable by Planning Staff and needs Plan
Commission Approval. (see PC-19-14)
Motion made to approve the application by Mr. Ellis,seconded by Mr. Bottorff and motion passes 5-0.
PC-19-17 Development Plan Application
Jack Koetter Jeffersonville Town Center LLC filed a development plan application for property at the
southeast corner of Veterans Pkwy and Town Center Blvd. The property is zones C2PD. The proposed development
is a multi-tenant building with retail and restaurant space.The applicant is requesting waivers regarding setbacks
and landscaping.The applicant also filed a Development Standard Variance application.
Representation: Josh Hillman Jacobi Toombs & Lantz 1829 E Spring Street Jeffersonville with Jason Emly
Koetter Construction
• No screen landscape on shared parking side
• Veterans Pkwy- encroaches 100%; east- 100% into setback; Town Center Blvd -86% into setback
Public comments: support—none; against—none
Board Comments: none
Motion made to approve the application by Mr. Avery, seconded by Mr. White and motion passes 5-0.
PC-19-18 Development Plan Application
L&N Credit Union filed a development plan application for property at 3524 E 10th St. The property is zoned
C2PD in Jefferson Ridge. The proposed development is a bank. The applicant is requesting waivers regarding the
maximum front yard setback.
Representation: Chris Brown, BTM Engineering 3001 Taylor Springs Drive Louisville
• Building setback— 106 feet(correction on staff report reads 80' should be 100' for standard)
Public Comment: support—none; against—none
Board comment/question: Mr. Bottorff—have we granted similar variances, does it impact going forward?
Mr. Pruitt—6' is not a large request.
Motion made to approve application by Mr. Bottorff, seconded by Mr. White and motion passes 5-0.
PC-19-09 Request for Preliminary Plat Approval
Linck Built Homes LLC filed a Preliminary Plat application for approximately 3.47 acres of property located at
1500 block Charlestown Pike, (parcel #10-21-02-000-237.000-009) which proposes to subdivide into 22 single family
lots.The property is zoned R1. The lots do not meet the standards of the R1 (Low Density Single Family Residential)
zoning district so applicant has also submitted a Development Standard Variance application.
Representation: Ron Culler, Culler Law Office 2123 Veterans Parkway Jeffersonville with David
Blankenbeker, Blankenbeker&Son Surveyors
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Jeffersonville Plan Commission Meeting—April 30, 2019
• Property Owned by applicate
• Common areas, 9 visitor parking spaces within development
• 1500+/-sq ft homes, affordable;4000-8000 sq ft lots; home closer to street; zero setback
• Front yard fence—waiver removed from request
Mr. McCutcheon—no intent to connect to other nearby streets? Mr. Blankenbeker—no
Mr. McCutcheon—drainage plans? Mr. Blankenbeker—we have not developed drainage plan pending
meeting tonight but we will follow City Drainage Ordinance.
Public comment: support—none
Against: Ralph Weaver 1501 Charlestown Pike Jeffersonville—concerns with drainage, traffic and sewage.
Mr. McCutcheon—explained to Mr. Weaver that this Board has no authority over those issues.
Bobby Fugate 3007 Pebble Brook Jeffersonville—has had City Engineers out a dozen times regarding
drainage issues and objects to condos here.
Alan Dorsey 3018 Callaway Drive Jeffersonville—I have concerns with traffic, noise, the loss of trees, and the
pond which provides wildlife to the area.
Rusty Bruner 3021 Callaway Drive Jeffersonville—I have concerns getting in/out of my drive. Spoke of City
basin on property that is at full capacity.
Susan Lyons 3015 Pebble Brook Jeffersonville—no connections to existing neighborhoods and no condos?
What will happen with the existing pond drainage?
Ms. Woosley—we did receive one letter.
Mr. Blankenbeker—there is a pond and some City drainage; the pond will be drained and a new detention
basin will be created. The area referred to as a City basin is not City owned. The drainage pipe on the lines near
Suburban Acres will be review with the City Engineers. Wildlife—unfortunately goes away with the development of
private property. Condos—no, these will all be free standing homes set on the property line to create more green
space on one side. Traffic—this is a very small fraction that will increase local traffic.
Mr. Culler—I would add that these homes are marketed to be low maintenance, moderately priced,
targeting people who are downsizing, retired people who will not necessarily get out during peak hours.
Mr. Avery—drainage that has begun to deteriorate does not serve your project? Correct. KIPDA plan
includes the widening of this area, are you allowing for this? Yes—we have allowed for right away and easement.
Mr. Ellis—detention area near Charlestown Pike that comes off the pond I travel the area and I have seen
that pond full and overflowing. How will you address that drainage and where the water is going to go?
Mr. Blankenbeker—excavation and dam with an outlet, it will release the water at a slow rate into the same
structure. If it overflows now, we are not intending to fix that problem with this development; we are planning to
not adding anything to that problem. We will detain our water on our site in a way to not make it worse. If there is
a problem now, that is something the City should take a look at and we will help anyway we can.
Mr. Ellis-with more impervious surface that water is going to run off; I'm not sure how big your detention
basin is but this needs to be address before you ask us to vote.
Mr. Blankenbeker—it is going to be detained; the reason we are here tonight we need approval to move
forward to the drainage board. We are not ready to move to the drainage board if we create a complete set of
instruction plan at a great expense to my client. Let's say we do all the calculations and we show it to the City
Engineer, and the drainage board says we want you to detain more water to meet the ordinance; we are going to
use the next lot to make it bigger or maybe across the road. I know from past experience, depending on the slope
and other factors, it takes about 5%of your land area for a detention basin and that we what we have pre-planned.
Mr. McCutcheon—has everyone had an opportunity to look at the letter? Yes
Motion made by Mr.White to approve application, seconded by Mr. Avery and motion passes 4-1 (Ellis).
PC-19-12 Development Plan Application
Jason Sams with ARC filed a development plan application for property at 228 Spring St and 103 Market
Street.The property is zoned DC in the DROD. The proposed development is a mixed use with retail, restaurant
and multifamily.The applicant is requesting waivers regarding setbacks and landscaping.The applicant also filed a
Development Standard Variance application.
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Jeffersonville Plan Commission Meeting—April 30, 2019
Representation: Jason Sams 1517 Fabricon Boulevard Jeffersonville
• L shape building pressed up again Spring Street, three stories with 34 parking spaces in rear
• First floor- retail and restaurant with 2 handicap apartments
• Second and third floor will be multifamily apartments
• Side setback—10 ft(alley)
• Front setback- 85%off Spring Street face and 0 ft setback
• Landscaping—2 deciduous trees; 3 evergreen; 0 ornamental
• No screening at adjacent property(Ray Herdt Florist); with proposed drive lane
• Perimeter landscaping—10
• Brick veneer, hardy siding
• Historic Board approved building design in April
Public comment: support—none
Against: Kim Seifer 424 East Market Street Jeffersonville—I am against this development as it stands and
did not realize it has been approved by the Historical District. There is nothing historical about that building, it does
not look historic, it does not match the feel and look of historic downtown Jeffersonville. It would be a determent to
put that building where it's going. As you come up from the river you are going to see a brown building with no
character. I'm very unhappy. I'm not discounting having the building there, I think development is good. I would
like to see it redesigned to have more of the flavor of what Spring Street currently looks like. I moved to an historic
district I would like to stay in a historic district. To me it looks like the east end of Louisville where everything is a
cookie cutter.
Doug Ford 111 East Riverside Drive Jeffersonville—I am against this project. I live approximately 11/2 blocks
away and I also lived on Spring Street in the building next to where they are purposing this. I have no problem
putting a building there. I like what they are doing with the restaurants. It is the same as the hotel on Maple Street;
we are getting out of the historical look. The coffee shops and everything that is just up the block. And now we are
going to have a fourth building in town that looks exactly like the others.
Deborah Henderson 222 Meigs Avenue Jeffersonville—can these units be made 500 square feet? If it is how
many units will be allowed in this building; will there be more than 22 units or is that the max? All the business
owners downtown are wondering where their customers are going to park because that parking lot is used on a
Tuesday; not just on special events, and it is used constantly. According to the amendment as far as multiuse
residential parking 1.33 is what you have for each unit. Right now, you have to have approximately 32 parking
spacing on the lot. But there is also an issue if any portion of the building is used for a commercial enterprise, the
parking requirements for the DC is modified above and should be followed for that portion of the building; so two
parking issues. I think this is applicable where it states that 50% of all required spaced are to be attached garage or
detached garage. Mainly my concern is parking in the downtown area and for the downtown merchants that now
exist. I have other issues but they are not applicable because that is not what you would address this evening.
Marylee Wessel 403 East Chestnut Jeffersonville—I have no objections to progress, what I have an objection
to is this building does not fit this location. It is ugly, it has no historical look; it just does not fit the area. I would
like to see something developed that is more suitable for downtown Jeffersonville. The L& N Building proposed
early would look better on that corner that what they are proposing.
Close Public Comment
Mr. Sams—building design: we received a certificate of appropriateness from the Historic Board. Parking—
we have 34 spaces in the back of the property. Jeffersonville commissioned a parking study back in 2015 and was
only using 38% parking in downtown during the day and about 24%on the weekends. My development has enough
parking to meet the guidelines. Units proposed: 6—2 bedrooms; 16—1 bedroom units; they vary from 623 to 900
square foot.
Mr. Avery—initial appeal of the building is going to be sufficient and have a historical appearance that is
greater than what the initial depiction looks like. The building across the street is "modern" building, the old Wilcox
Chevrolet is a "modern" design; neither of which fit in compatible with the historical district and would not be
allowed today. The Match Bar across the street sort 50-50 match but still has more of a modernistic look. The
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Jeffersonville Plan Commission Meeting—April 30, 2019
Evenings News Building was called Nazi architecture when it was built. This is very similar in its overall appearance
to the building, it's not brick, but has the same first appearance as Tubby's which was torn down. I think not only
are you meeting good usage for downtown Jeffersonville I think you are going to have a nice appearance, and I think
a good fit for economic growth development downtown Jeffersonville. We go back to Jeff 1955 when the decline
started and finally now starting to get a massing of activities and development that restores economic viability and
residential building that were there. I understand peoples concern it might not be of their particular liking, I might
have changed a few things on the building itself but I think it is overall a good fit I think you do meet those and as far
as its historical look it probably looks better than all the buildings that are continuous around it, including the florist
shop which has sort of a western type style which is a nice building. I think it will continue to fit in with other
projects that are coming along. And to be able to get 34 off street parking spots there is significant.
Mr. Sams—thank you for the comments we agree. We worked to come up with a design that kind of fit the
neighborhood, was modern and historic and built in its time;that is today.
Mr. Pruitt—we had one additional note that was sent over this afternoon from Representative Fleming, a
downtown property owner and she has not sent in an official form yet, but she had some concerns with the design.
So I am not going to read this verbatim because it was in official letter form.
Mr. White—and that will not be considered tonight.
Mr. McCutcheon—our Board does not tell them how to build what to use.
Mr. Avery made the motion to approve the application, seconded by Mr. White, and motion
passes 4-1 (Ellis)
Reports from Director and Staff
Mr. Pruitt: A rezoning that was heard last month related Louise Street—we do expect to have development
plan to come to us; they have not filed yet. We had a request for status updates, but it is not on the agenda yet,
they actual just missed our deadline for next month, so at the earliest it will be two month from now.
Mr. White—are you talking about Mariposa Development, were all the notices sent out before we approved
that, to the required people? Mr. Pruitt—yes.
Adjournment
There being no further business to come before the Plan Commission the meeting was adjourned
at 7:42 p.m.
IA I. _hi kiC __ Jr
Mic ael McCutcheon, Chair
Submitted by: C' _ (M Qb.A„,
e : ,away, Secretary
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Jeffersonville Plan Commission Meeting—April 30, 2019