HomeMy WebLinkAboutFebruary 7, 2022 Council Minutes COMMON COUNCIL OF THE CITY
JEFFERSONVILLE, INDIANA
February 7,2022
Regular Meeting Minutes
The Common Council of the City of Jeffersonville, Indiana met for the Regular Meeting on February 7,2022.
Council President Owen along with City Clerk Gill called the meeting to order at 7:00 p.m.The meeting was
open to the public in person as well as live streamed via the City Website using Zoom.
INVOCATION:
Councilperson Ellis led the Invocation.
ROLL CALL:
The roll call was conducted by City Clerk Lisa Gill and those present in Council Chambers were,
Councilperson Burns,Councilperson Paris,Council Vice President Maples,Councilperson Croft,
Councilperson Webb,Councilperson Hawkins,and Council President Owen.Councilperson White had
messaged Council President Owen and let him know he would be late to the proceedings.
APPROVAL OF MINUTES:
Council Vice President Maples made a motion to approve the Minutes of January 18,2022 of the Regular
Meeting, seconded by Councilperson Croft; motion passed,8-0.
APPROVAL OF THE AGENDA:
Vice President Maples made a motion to approve the agenda,seconded by Councilperson Paris; motion
passed,8-0.
CLAIMS TO APPROVE:
Civil City$1,759,250.57—Mrs. Metcalf stated there are no changes.
Council Vice President Maples made the motion to approve the Civil City Claims,seconded by
Councilperson Paris; motion passed,8-0.
Parks$377,482.88-Mrs. Metcalf stated there are no changes.
Council Vice President Maples made the motion to approve the Parks Claims,seconded by Councilperson
Burns; motion passed,8-0.
REPORT OF THE CLERK:
Clerk Gill reminded everyone that the next Council Meeting will be held on Tuesday, February 22,2022 due
to the holiday on February 21,2022.
UNFINISHED BUSINESS:
1. Matt Owen-Drainage Board Appointment for District 2
Councilperson Burns made a motion to appoint Dale Sariscsany,seconded by Vice President
Maples;motion passed 8-0.
2. Heather Metcalf 2022-OR-2 Ordinance of Additional Appropriation—Mrs. Metcalf advised there
were no changes since last meeting. Council President Owen opened the Public Hearing at 7:06
pm. There were no members of the community present in Council Chambers to speak for or.
Page 1 of 8
against the matter and Clerk Gill advised there were no comments submitted to the Clerk's Office.
Council President Owen closed the public hearing at 7:07 pm.
Vice President Maples made a motion to pass on the Third and final reading,seconded by
Councilperson Croft; motion passed, 8-0.
3. Heather Metcalf 2022-OR-3 Ordinance of Additional Appropriation—Mrs. Metcalf advised there
were no changes since last meeting. Council President Owen opened the Public Hearing at 7:07
pm.There were no members of the community present in Council Chambers to speak for or against
the matter and Clerk Gill advised there were no comments submitted to the Clerk's Office. Council
President Owen closed the public hearing.
Council Vice President Maples made a motion to approve on the Third and final reading seconded
by Councilperson Burns; motion passed,8-0.
Councilperson White arrived at the meeting at 7:08 pm.
4. Heather Metcalf 2022-OR-4 Ordinance of Additional Appropriation—Mrs. Metcalf stated there
were no changes since last meeting. Council President Owen opened the Public Hearing at 7:08
pm.There were no members of the community present in Council Chambers to speak for or against
the matter and Clerk Gill advised there were no comments submitted to the Clerk's Office. Council
President Owen closed the public hearing.
Councilperson Vice President Maples made a motion to approve on the Third and final reading,
seconded by Councilperson Burns; motion passed,9-0.
5. Heather Metcalf 2022-OR-5 Ordinance of Additional Appropriation—Mrs. Metcalf advised there
were no changes since last meeting. Council President Owen opened the Public Hearing at 7:09
pm.There were no members of the community present in Council Chambers to speak for or against
the matter and Clerk Gill advised there were no comments submitted to the Clerk's Office. Council
President Owen closed the public hearing.
Council Vice President Maples made a motion to pass on the Third and final reading,seconded by
Councilperson Paris; motion passed 9-0.
6. Heather Metcalf 2022-OR-6-Ordinance of Additional Appropriation—Mrs. Metcalf advised this
ordinance was revised to reflect the changes that were voted on during the last meeting removing
the amount for$14,500 and now just shows the amount for the generators for the two Fire
Stations. Council President Owen opened the Public Hearing at 7:10 pm.There were no members
of the community present in Council Chambers to speak for or against the matter and Clerk Gill
advised there were no comments submitted to the Clerk's Office. Council President Owen closed
the public hearing.
Vice President Maples made a motion to pass on the Third and final reading,seconded by
Councilperson Croft; motion passed,7-2 with Councilperson Burns and President Owen voted
against this Ordinance.
7. Heather Metcalf 2022-OR-7 Ordinance of Transfer within the Same Department—Mrs. Metcalf
advised there were no changes since last meeting.
Council Vice President Maples made a motion to approve 2022-OR-7 on the Third and final reading,
seconded by Councilperson Burns; motion passed,9-0.
NEW BUSINESS:
1. Chad Reischl 2022-OR-8 Hearing on Rezone Request on Property Located at 3616 and 3618 Utica
Sellersburg Road From R1(Single Family Residential)to M3(Multi-Family Residential)- Mr.
Page 2 of 8
Reischl advised this rezoning request is for a 26 acre parcel of land on the corner of New Chapel
and Utica Sellersburg Road. The applicant is Brian Lenfert of Lenfert Properties, LLC is requesting
to rezone to M3 in order to construct a 412 unit apartment complex with a mix of 2 and 3 story
buildings. This comes with an unfavorable recommendation from the Planning Commission with a
5 to 4 vote. Approximately 30 local residents spoke against the requesting at the meeting.
The proposal is a substantial departure from the destination given to the parcel in the
Comprehensive Plan. This changes the parcel from the lowest density single family use to the
highest intensity multi-family zone district.This map was revised and adopted by Council in 2017.
This area has experienced some dramatic changes in recent years and the development of this
parcel is only a matter of time;the question is a matter of the scale of that development and
whether the current changes in the area warrant such a substantial shift in zoning for this parcel.
There are strong market demands and sound fiscal arguments for this proposal and strong
arguments against this proposal, including the issues with traffic congestion, drainage,
neighborhood character and quality of life for local residents. Council President Owen gave to Clerk
Gill the emails he received regarding this proposal from residents in the Sixth District to enter into
the record. Clerk Gill confirmed that and Rebecca Lockard's email was included and Council
President Owen confirmed it was. The applicant was not present. Council President Owen advised
there was a request from the applicant to table this matter and he advised that probably would not
happen but it was at the will of the Council. Councilperson Hawkins asked legal if this Ordinance is
voted down it can only be brought back if one of the opposing votes changed and Mr. Wilder
confirmed that was correct. Under Jeffersonville Code a request for this parcel to be rezoned to
M3 cannot be brought back before the Council for six months. Councilperson Ellis stated that for
thirteen years he pastored a church near this property and due to all the drainage, lack of sewer
upgrades and the issue of the narrow road, he would like the record to reflect that he is against this
proposal. Councilperson White, and Councilperson Croft expressed they would not be supporting
this rezoning as well. Public hearing was opened at 7:18 pm.
• Billie Arthur-3510 Sundancer Dr.Jeffersonville, IN 47130—Mrs.Arthur expressed to the
Council that she was present to ask them to vote against this ordinance. She is very
passionate about Utica Elementary and has significant concerns on how this development
will affect the school. During the Planning and Zoning meeting in January 2022, Mr.
Lenfert said that he spoke with the Principal of Utica Elementary who said a current
expansion is planned for the school. Mrs.Arthur spoke with Mr. Laughner, GCCS
Superintendent,who communicated to her the school board has approved construction for
some additional class rooms. Utica currently has the largest Elementary School enrollment
in the district,which means large class sizes;there are no other plans to expand Utica to
accommodate for future developments. As an educator,she is concerned about the impact
of large classes on student growth and achievement as well as meeting those students'
individual needs. The planned additional classrooms will assist in meeting the needs of
current students who attend the school and is not meant to address future students who
will enroll due to new developments.This apartment complex would add over 40 dwellings
to Utica Elementary, an already overcrowded school. There are already a number of new
developments that will feed into Utica Elementary. Even with the additional classrooms
added, Utica cannot sustain the enrollment demanded without passing the cost on to tax
payers. It was stated in the January Planning and Zoning Meeting the employees of River
Ridge needed housing options. There are many developments purposed for Jeffersonville
and surrounding communities that will meet those needs.Jeff on 10th Street will provide
190 units as well as residential projects that were approved by Planning and Zoning through
Page 3 of 8
the February 2022 meeting. In total;the approved projects will add another 606 single
multi-family residential options in the Jeffersonville area.
• Andy Anderson-3212 Old Tay Bridge Jeffersonville, IN 47130—Mr.Anderson stated he
was there to express concerns to adding over 400 residents to the infrastructure and the
property values of the area. He is concerned with an increase in crime in the area and how
an additional 400 units would affect that. Mr.Anderson reminded the Council the long
range plan for Jeffersonville does not include this type of development. Mr.Anderson
asked the Council to maintain the plan and vote against this change.
• John Lawson-5303 Stony Brooke Court Jeffersonville, IN 47130—Mr. Lawson advised he is
pro progress and development however he feels this project is not appropriate for this
area. He would like to see the land used for Patio Homes. The proposed project does not
fit the Jeffersonville Comprehensive Plan. He expressed concerns with the increase in
traffic and drainage.
• Tracy Furrell-3642 Kerry Ann Way Jeffersonville, IN 47130—Ms. Furrell advised she was
present to speak on behalf of residents of the Stonybrook subdivision. She had went door
to door to discuss concerns with neighbors. The comprehensive plan states developments
are only permitted where public streets,drainage facilities, public safety protection,
sanitation and sewage facilities are adequate to serve the development. She believes this
is in question the size and scope of this proposed development are considered. Ms. Furrell
also expressed concerns for the impact on enrollment for the school. Ms. Furrell stated
their neighborhood is not against development but they would like a development that
enhances the surrounding properties and is responsible and sustainable for the City.
• Don Walker-5288 Sanibel Vista Jeffersonville, IN 47130—Mr.Walker is most concerned
with the pre-existing drainage problems and traffic concerns. This development has 725
parking places planned. He agreed with the concerns for the impact of the school and
added a concern for the potential privacy and trespassing problems from that apartment
building. The only way to access the businesses that are at the end of Kerry Ann Way is to
either go down New Chapel or up a significant hill, around Kerry Ann to those businesses or
through Utica-Sellersburg Road to 62 and both are dangerous paths. There will be a lot of
people cutting through the Stony Brooke neighborhood unless a fence is built. It was
mentioned in the Planning and Zoning Meeting the fences could be built on a case by case
basis which would not be effective. He hopes the Council will not approve this request.
• Michael Meyer-5312 Stonybrook Ct Jeffersonville, IN 47130—Mr. Meyer expressed
concern to the Council with the traffic that already cuts through the neighborhood to go
back to Crystal Springs. He agrees with the Councils comments earlier that they already
suffer in terms from the two lane road and the comments from his neighbors about the
amount of traffic that is already experienced. He expressed that he would not only request
that the Council not approve this request but also that they help to address the issues that
they already have.
• Veronica Hollman—5272 Santibel Vista Jeffersonville, IN 47130—Ms. Holtman stated her
biggest concern for this is how it will impact the current resident's quality of life. She
encouraged the Council to vote this request down.
Council President Owen closed the Public Hearing at 7:38 pm. Council President Owen asked Clerk
Gill if any comments were submitted to the Clerk's Office and Clerk Gill advised Rebecca Lockard
submitted a comment that she was against the rezoning and that was submitted with the emails
Council President Owen entered for the record. Council President Owen advised he received 1 or 2
more emails in opposition today and he will forward those to Clerk Gill to be entered into the
record. Councilperson Webb advised there was strong opposition at the Planning and Zoning
Page 4 of 8
Meeting. He supports denying this rezoning based on concerns of traffic congestion and drainage.
This parcel has been R1 since it was annexed in 2009. The Comprehensive Plan has this land use as
Single Family Residential. This does not promote responsible development and growth. He has had
dozens of emails on this matter.
Mr.Wilder asked the Council to take a roll call vote and for the Council to express when they vote
whether their vote reflects consideration of guidance that Mr.Webb articulated and if there is
anything in addition that they personally considered please make that a part of the vote or if they
listened to,attended, or watched the Planning and Zoning Meeting.
Councilperson White made a motion to approve 2022-OR-8 with Councilperson Paris seconding the
vote; roll call vote requested:
Councilperson White—Councilperson White stated he did not attend the Planning Commission
Meeting and based on the drainage issues and not being in line with the Comprehensive Plan as
well as the community opposition against the rezoning application his vote is No.
Councilperson Burns—Councilperson Burns stated he attended the Planning Commission and based
on Mr.Webb's comments and the comments of others his vote is No.
Councilperson Paris—Councilperson Paris stated he attended the Planning and Zoning and based
on what everyone has said and what Mr.Webb has said he feels it's the wrong project and the
wrong place so his vote is No.
Council Vice President Maples—Council Vice President Maples stated in consideration for the
Councilperson whose district this is in (Mr. Webb) and all of the public input for this his vote is No.
Councilperson Croft—Councilperson Croft stated with the facts that Mr.Webb has presented along
with the citizens all showing up against it his vote is No.
Councilperson Webb—Councilperson Webb stated based on his earlier statement and that this
does not follow the Comprehensive Plan his vote is No.
Council President Owen—Council President Owen stated based on Mr.Webb's comments on the
Comprehensive Plan and the density of the parcel and the input of the constituents his vote is No.
Councilperson Hawkins—Councilperson Hawkins stated he watched the Planning and Zoning
Meeting and since this does not follow the Comprehensive Plan his vote is No.
Councilperson Ellis—Councilperson Ellis stated based on his knowledge of the area that is in
question and on Mr.Webb's comments his vote is No.
Clerk Gill advised the motion Failed, 0-9.
Council President Owen thanked everyone who came and spoke on the matter and said it does
make the decision easier for them when they know how the constituents stand on the issues.
2. Chad Reischl 2022-OR-9 Hearing on Rezone Request on Property Located at 715 West Riverside
Drive From M2(Multi-Family to CD-(Commercial)—Mr. Reischl advised this property was formally
Rocky's Pizza and when it closed it was re-zoned from C1 to a Multi Family designation to build
Condos along the river. That project fell through and Bridge Base, LLC has bought this property
and would like to revert back to a commercial designation. Mr. Reischl stated staff is supportive of
this and it received a unanimous favorable recommendation from the Planning Commission.
Bridge Base, LLC is requesting to rezone this property back to CD-Commercial and plans to open a
Coffee Shop/Event Venue which is adjacent to Upland Brewery. Council President Owen opened
the Public Hearing at 7:51 pm.There were no members of the community present in Council
Chambers to speak for or against the matter and Clerk Gill advised there were no comments
submitted to the Clerk's Office. Council President Owen closed the public hearing.
Page 5 of 8
Councilperson Burns made a motion to pass 2022-OR-9,seconded by Councilperson Hawkins;
motion passed,8-0-1 with Councilperson Paris abstaining.
3. Chad Reischl 2022-OR-10 Hearing Rezone Request for Property Located at 5006 Charlestown Pike
from Al(Agriculture)to a 200 Lot Detached Single Family Residential Single Family Residential
Subdivision—Mr. Reischl advised Greg Lander from Redtail Development is requesting this'
property be rezoned from Al to R3 to build a Subdivision of 199 single lot family homes on
approximate 52 acres. This re-zone comes with a unanimous favorable recommendation from the
Planning Commission. Council President Owen asked if there are any Density variances requested
from R3. Mr. Reischl stated no there were not. Attorney Allen Applegate was present on behalf of
the applicant. Mr.Applegate stated the purposed re-zone fits within the comprehensive plan and
will match the subdivision that is currently being built. Councilperson Hawkins asked with the
improvements to Jeffersonville-Charlestown Pike,are the entrances to the subdivision already
taken into consideration or will they have to go back and change things? They will be using two
entrances that are going into Redtail Ridge off of Jeffersonville-Charlestown Pike now. This
subdivision will be known as Kings Crossing that will have a total of 3 entrances per Mr. Landers.
Councilperson Croft asked what the price range on these homes will be. Mr. Landers stated in the
high$200,000.00 range. Councilperson White asked if there will be an issue connecting the sewer,
if it will be connected to the North Treatment Plant or the Downtown Plant. Mr. Landers stated
that he already has everything approved. Council President Owen stated if there were problems
with it going to the North plant,there is an interceptor that could switch it back to the Downtown
plant fairly easy;also Mr.Applegate's client has built a lot of nice quality homes in Jeffersonville.
Council President Owen opened the Public Hearing at 7:59 pm.There were no members of the
community present in Council Chambers to speak for or against the matter and Clerk Gill advised
there were no comments submitted to the Clerk's Office.
Councilperson Hawkins made a motion to pass 2022-OR-10,seconded by Councilperson Burns;
motion passed,9-0.
4. Chad Reischl 2022-OR-11 Hearing Rezone Request on Property Located at 5200 Block of Stacy
Road from PUD(Planned Development)to M3(Multi-Family Residential and C2(Commercial)—
Mr. Reischl stated Mike Speedy with River Ridge Housing Associates is requesting the property at
Highway 62 and Stacy Road be re-zoned. This property had been rezoned in 2018 to Planned
Development and nothing was done with it. The rezone expired August of 2021 and was then
reverted back to M2. The developer is requesting that this be rezoned to M3 in order to build an
apartment complex similar to the one proposed in 2018.This rezone comes with a favorable
recommendation from Planning Commission vote,6-1. No public comments were sent to the
Planning Commission.The frontage to Highway 62 is requested to be re-zoned to C2,which is what
the other frontage is. Petitioner Mike Speedy from American Village Properties along with Jason
Copperwaite to present the plans for these apartments,see attached images. There will be 360
units that will be in range of$1,000.00 to$1,500.00 per month.Council President Owen asked if
these plans are the same as the previous ones that was approved in 2018. Mr.Copperwaite
advised there will be more buildings than the original plans along with more amenities.Council
President Owen opened the Public Hearing at 8:13 pm.There were no members of the community
present in Council Chambers to speak for or against the matter and Clerk Gill advised there were
no comments submitted to the Clerk's Office. Council President Owen closed the public hearing.
Councilperson White made a motion to pass 2022-OR-11,seconded by Vice President Maples:
motion passed 9-0.
Page 6 of 8
5. Heather Metcalf 2022-OR-12 Ordinance Repealing and Replacing 2018-OR-9,Ordinance
Mandating the City Controller to Present Public Information Regarding Funds Paid to Vendors,
Sub-Contractors,Contractors, Employees and Other Individuals or Entities Paid by the City of
Jeffersonville and/or City's Subdivisions,Departments or Entities under the Control of the City—
Mrs. Metcalf advised this ordinance revises an Ordinance from a few years back that had
presented a lot of Vendor issues. The Council only received parts of the report and now will
receive the full report in March. These are public record and can be found on the State website
(Gateway), 24 hours a day. Councilperson Hawkins made a motion to pass on the First and Second
reading, seconded by Vice President Maples; motion passed, 9-0.
ATTORNEY COMMENTS:
Larry Wilder-No Comment
Les Merkley-No Comment
DEPARTMENT HEADS:
Chad Reischl- Mr. Reischl advised the Council he would be bringing a presentation on the comprehensive
plan to one of the next meetings.
Chief Kavanaugh-Chief Kavanaugh said he would like to share with the Council that currently through the
State of Indiana they have the opportunity for a match program for the Body Worn Camera Program. The
program is for departments that do not have them or are trying to expand their program to purchase them.
They are currently working with the City Grant Administrator to help with the cost of these. They have one
extra camera and would like to purchase between eight and ten more. There will be some cost involved
and he will be sending more information out as it comes available.
Heather Metcalf- No Comment
PUBLIC COMMENT:
No Comment
COUNCIL COMMENTS:
• Councilperson White—Councilperson White asked if there was an ordinance prohibiting speed
bumps as he had a constituent reach out to him regarding an issue. Council President Owen stated
there is not but those have always gone before BPW for approval. Regarding 2022-OR-12 he does
not think that we should be providing the report unless someone requests it. Some of those
earnings are due to overtime and-he feels it can place an unfair spotlight on City Employees doing
what they are asked to do.
• Councilperson Burns—Councilperson Burns commended the Street Department and any others
that helped with clearing the streets during the recent storms.
• Councilperson Paris—No Comment
• Council Vice President Maples-Agrees with Councilperson White in regards that there is something
not captured on the print outs when people work overtime. There is a lot of grant money that
comes from the State for overtime for Police and Fire,that does not come out of the City's budget,
it puts a spotlight on those individuals that step up to help,that is not reflected on those print outs.
It is unfair that you may focus on someone to not work overtime to stay off of that list,when it is
funded by the grants to provide further Police Services such as OWI patrol and High Pedestrian
patrol. Council Vice President Maples offered his condolences to the DeArk family and a shout out
Page 7 of 8
to the Street Department and any other that helped keep the streets cleared during the recent
storms.
• Councilperson Croft—No Comment
• Councilperson Webb—No Comment
• Councilperson Hawkins—Shout out to the Street Department and any others that helped during
the Storm and condolences to the DeArk family on the loss of Bruce, he was a very well-known
person in Jeffersonville and will be missed.
• Councilperson Ellis—Stated that there are problems with home owners and renters not having
enough street parking and they are not allowed to place gravel next to their driveway to have
parking space. Councilperson Ellis asked about the code for this. Mr. Reischl stated that this would
be looked into. Councilperson Ellis asked that Mr. Reischl get back with him personally. He also has
pictures if anyone is interested on seeing them.Thank you to the Street Department.
• Council President Owen—Not only were the streets cleared,the garbage was also picked up.
Condolences to the Fire Department and the family of Deputy Fire Chief Bruce DeArk on his
passing. He was very committed to the Jeffersonville Fire Department and being a strong advocate
for Cancer Awareness. His thoughts go out to his wife and two daughters and the Fire Department.
Councilperson Hawkins, Councilperson Paris and Heather Metcalf met with Chief Grant today to
discuss the Fire Trucks that were committed to buy last year and how they will be paid for. There
will be an Additional Appropriation presented to Council soon.Thanks to Corporal Stewart and
Police for attending the meeting. President Owen presented a plaque to Attorney Larry Wilder for
his 35 years as an Attorney and appreciation for his services.
ADJOURNMENT:
Council Vice President Maples made the motion to ADJOURN the meeting at 8:31 p.m.
APROVED BY:
Matt Owen P A T: Lisa ill,Clerk
Page 8 of 8
Re: REZoning of property of Utica Sellersburg Road and New Chap... -Matt Owen Page 1 of 4
Re: REZoning of property of Utica Sellersburg Road and New
Chapel Roads
Matt Owen
Wed 2/2/2022 9:41 AM
To:Rebecca L. Lockard <rlockardlaw@aol.com>;
Thanks for the clarification. I will add that to the record as well.
Matt Owen, President
Jeffersonville City Council
mowen@cityofjeff.net
502-889-0836
From: Rebecca L. Lockard<rlockardlaw@aol.com>
Sent:Tuesday, February 1, 2022 2:10 PM
To: Matt Owen
Subject: Re: REZoning of property of Utica Sellersburg Road and New Chapel Roads
CAUTION:This email originated from outside your organization. Exercise caution when opening
attachments or clicking links, especially from unknown senders.
Thank you for your response. I wanted to clear up something Scott Hannah the Engineer stated. He
said that he did not know where my number of trips came from. (I believe he said my crazy number) I
looked at the total amount of trips per day for apartments listed in the Institute of Transportation
Engineer booklet. Scott Hannah talked about am and pm trips from that recent publication. That is for
one hour in the morning and one hour in the evening. So,he was never asked the total trips. The
information I have is that each apartment generates 7 trips per day, which with 412 units is 2,884 trips
per day. That is where I figured my numbers from. I just wanted to make sure that someone knew I
wasn't just making up numbers.
I know that you have an idea what that type of traffic will do to the roads surrounding the property.
Again, I thank you for your response and you reaching out to me. I know there were several people who
sent comments to the Council.
Rebecca L. Lockard
Attorney at Law
411 Watt Street
Jeffersonville, IN 47130
(812) 288-4326; FAX 288-4451
rlockardlaw@aol.com
In a message dated 2/1/2022 1:14:58 PM Eastern Standard Time, mowen@CityofJeff.net writes:
https://exchange.cityofjeff.net/OWA/ 2/2/2022
Re: REZoning of property of Utica Sellersburg Road and New Chap... - Matt Owen Page 1 of 3
Re: REZoning of property of Utica Sellersburg Road and New
Chapel Roads
Matt Owen
Tue 2/1/2022 1:14 PM
To:rlockardlaw@aol.com <rlockardlaw@aol.com>;
Ms. Lockard,
Thank you for reaching out to express your views on the issue. I apologize for the delayed response. As
you'll see below, I did forward your concerns to the City Clerk the morning after receiving your email. It
will be included for the record at our Council meeting on Feb 7th.
I can tell you that I am quite confident that the original plan presented by Mr. Lenfert at the Plan
Commission meeting last week will not pass a vote of the City Council. I have spoken with the
developer,the current land owner, and your District Councilman, Steve Webb, and I believe all parties
understand that the original proposal will not be how the property in question is developed.
Councilman Webb has indicated to the developer that there is no suitable development plan that he
would support if multi-family apartments are included. It is my suspicion that the Council as a whole
will agree with Mr. Webb.
Again, I thank you for reaching out to express your concerns. If you have any other comments,
questions, or concerns please do not hesitate to reach out.
Matt Owen, President
Jeffersonville City Council
mowen@cityofjeff.net
502-889-0836
From: Matt Owen
Sent:Wednesday,January 26, 2022 8:18 AM
To: Lisa Gill
Subject: Fwd: REZoning of property of Utica Sellersburg Road and New Chapel Roads
Lisa,
The email below was sent to the City Council in reference to a re-zoning that I anticipate will be on the
Council's next agenda. Will you please ensure this objection is included in the record when we consider
this re-zoning?
https://exchange.cityofjeff.net/OWA/ 2/1/2022
Re: REZoning of property of Utica Sellersburg Road and New Chap... -Matt Owen Page 2 of 3
Thank you!
Matt Owen
Jeffersonville City Councilor,
mowen@cityofjeff.net
502.889.0836
Sent from my iPhone. Please excuse any typos.
Begin forwarded message:
From: "Rebecca L. Lockard" <rlockardlaw@aol.com>
Date:January 25, 2022 at 15:54:01 EST
To: Dustin White <DWhite@cityofjeff.net>, Bill Burns<BBurns@cityofjeff.net>,Joe Paris
<J Pa ris @ cityof jell.net>
Cc: Scottie Maples<SMaples@cityofjeff.net>, Donnie Croft<DCroft@cityofjeff.net>, Steven Webb
<swebb@cityofjeff.net>, Matt Owen <mowen@cityofjeff.net>, Scott Hawkins
<SHawkins@cityofjeff.net>, Ron Ellis <REllis@cityofjeff.net>
Subject: REZoning of property of Utica Sellersburg Road and New Chapel Roads
Reply-To: "Rebecca L. Lockard" <rlockardlaw@aol.com>
CAUTION:This email originated from outside your organization. Exercise caution when opening
attachments or clicking links, especially from unknown senders.
I sent an email to for the Plan Commission and Board of Zoning Appeals in regard to a re-zoning and a
request for variances on the property located at Utica Sellersburg Road and New Chapel Road. The Plan
Commission only makes a recommendation regarding the re-zoning and the decision for re-zoning is
made by the Council. I am sending you a copy of the objection that I forwarded. I am asking you to
deny the request for re-zoning when it is brought to you.
Thank you for you attention to this matter.
Please be advised that I am sending this email in opposition to the Re-Zoning and Request for Variances
on the property located at Utica Sellersburg Road and New Chapel Road.
In opposition to the Re-Zoning,I would argue that the application does not meet the requirements for a
Re-Zoning. The Re-Zoning this property to a Multi-Family Residential does not comply with the
comprehensive plan. The current conditions and character of structures and uses in the district is single
family residential. This is not responsible growth and development. New Chapel Road and Utica
Sellersburg Road have not been widened or changed since the 1980s. Since that time,the City has
allowed 2 subdivisions and all without making changes to the road. Adding approximately 400
apartments to this area would increase the traffic by approximately 2900 additional trips per day. That is
simply overwhelming for the roadway. This Re-Zoning is not appropriate for the area and is in total
violation of the comprehensive plan.
The Request for Variance also do not meet the statutory requirements for a variance. The City recently
put sidewalks in all along New Chapel Road. There was no changes to the width of the road,but the
City instead spent the money on sidewalks. All new developments in that area should be required to
https://exchange.cityofjeff.net/OWA/ 2/1/2022
Re: REZoning of property of Utica Sellersburg Road and New Chap... -Matt Owen Page 3 of 3
have sidewalks in accordance with the Zoning Ordinance. Further,new development should be required
to have any necessary buffers between R-1 and R-3. ;Allowing a variance would be injurious to the
public health, safety, morals, and general welfare of the community. Allowing a variance would
substantially affect the adjacent properties in an adverse manner. This strict application of the terms of
the Zoning Ordinance would not result in a practical;difficulty. The request for the variances is
definitely self-imposed.
Please read my objection into the record, or enter my objection into the minutes as part of the record.
Thank you
Rebecca L. Lockard
Attorney at Law
411 Watt Street
Jeffersonville,IN 47130
(812) 288-4326; FAX 288-4451
rlockardlaw@aol.com
Home Residence: 3508 Sundancer, Jeffersonville, IN 47130
Rebecca L. Lockard
Attorney at Law
411 Watt Street
Jeffersonville, IN 47130
(812) 288-4326; FAX 288-4451
rlockardlaw@aol.com
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Re: City Council Meeting February 7 Proposed development at 36... - Matt Owen Page 1 of 3
Re: City Council Meeting February 7 Proposed development at
3616/3618 Utica-Sellersburg Road
Matt Owen
Tue 2/1/2022 12:05 PM
To:gatzgroup@aol.com <gatzgroup@aol.com>;
Mr. and Mrs. Gatz,
Thank you for reaching out to express your views on the issue.
I can tell you that I am quite confident that the original plan presented by Mr. Lenfert at the Plan
Commission meeting last week will not pass a vote of the City Council. I have spoken with the
developer,the current land owner, and your District Councilman, Steve Webb, and I believe all parties
understand that the original proposal will not be how the property in question is developed.
Councilman Webb has indicated to the developer that there is no suitable development plan that he
would support if multi-family apartments are included. It is my suspicion that the Council as a.whole
will agree with Mr. Webb.
Again, I thank you for reaching out to express your concerns. I will be forwarding your correspondence
to the City Clerk so that it will be included in the record for our next Council meeting on February 7th,
2022. If you have any other comments, questions, or concerns please do not hesitate to reach out.
Matt Owen, President
Jeffersonville City Council
mowen@cityofjeff.net
502-889-0836
From:gatzgroup@aol.com<gatzgroup@aol.com> •
Sent: Friday,January 28, 2022 2:03 PM
To:Steven Webb; Matt Owen;Scott Hawkins; Ron Ellis
Cc:gatzgroup@aol.com
Subject:City Council Meeting February 7 Proposed development at 3616/3618 Utica-Sellersburg Road
CAUTION:This email originated from outside your organization. Exercise caution when opening
attachments or clicking links, especially from unknown senders.
January 28, 2022
RE: Proposed development at 3616/3618 Utica-Sellersburg Road
To the Jeffersonville City Council:
https://exchange.cityofjeff.net/OWA/ 2/1/2022
Re: City Council Meeting February 7 Proposed development at 36... -Matt Owen Page 2 of 3
We will not be able to attend the meeting on February 7, 2022, so we are writing to voice our
opposition in advance.
At the Planning and Zoning meeting on January 25, 2022, a vote was taken to NOT allow the
rezoning by a majority of the Board. There were also 26 letters of opposition from surrounding
neighbors who supported that vote.
Our objections and concerns are as follows:
--As residents of Ole Stoner Place, we have seen the development of several large subdivisions in
the Utica-Sellersburg/New Chapel Road area, most recently Crystal Springs, bringing added traffic
on a narrow two-lane road that is not well maintained. It is a safety concern. More apartments are
already being built on Utica-Sellersburg Road at the intersection of Sundancer Drive, which will
contribute to added congestion. The curves in the road and stop signs in close proximity will
require a major reconfiguration to allow more traffic.
--Drainage will be a major issue with the land being relatively flat and currently absorbing rainfall
through the soil. Adding more hard surfaces for roofs, roads, parking lots, and sidewalks
surrounding the buildings will cause even more flooding during the numerous storms that we
experience for the small creek handling the current drainage. Even though the developer says they
will add retention ponds, that does not take care of the problem. Retention ponds were installed
when Crystal Springs was developed and still plague our subdivision from the "lake" in the Estates
section. Minor issues were addressed with a larger culvert but that hasn't stopped the flooding,
water across the road in at least two places, marshy standing water in large back yards, and the
rush of water on our property that has already killed four large pine trees and more to come after
exposing the roots.
--Our understanding is that the sewage treatment plant is at capacity that serves the area, which is
also a concern. Ole Stoner Place yards in the valley area still complain of sewer smells.
When we wrote Mr. Reischl, Director of Planning and Zoning, and asked how many apartment
"units" have been added to Jeffersonville in the last five years, how many are currently in the
pipeline approved and ready to go, and how many are currently under construction, his response
was as follows: "We have permitted nearly 3000 new residential dwelling units in Jeff in the last 5
years. Of this about 50% of these are new apartment units. Another 20% are apartment units
specifically developed for senior citizens. The remaining 30% are single-family homes." So, 70%
apartments and 30% houses. Do we really need more apartments?
Fix the existing problems before adding more buildings, residents, and vehicles.
https://exchange.cityofjeff.net/OWA/ 2/1/2022
Re: City Council Meeting February 7 Proposed development at 36... - Matt Owen Page 3 of 3
We would ask that you please not allow the rezoning of this property and keep it R-1, as it is in the
latest comprehensive plan for this area. It appears many who live in the area are opposed to it, so
please listen to their voices.
Regards,
Don and Alice Gatz
5737 Lentzier Trace
Jeffersonville, IN 47130
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Re: Zoning Change Proposal- Matt Owen Page 1 of 3
Re: Zoning Change Proposal
Matt Owen
Wed 2/2/2022 8:26 AM
To:Billie Arthur <billiekarthur@gmail.com>;
Mr.&Ms.Arthur,
Thank you for reaching out to express your views on the issue. I am a
life-long member of New Chapel United Methodist Church on New Chapel Rd,and
am quite familiar with the area and how it has developed over the last 20
years.
I can tell you that I am quite confident that the original plan presented by
Mr. Lenfert at the Plan Commission meeting last week will not pass a vote of
the City Council. I have spoken with the developer,the current land owner,
and your District Councilman,Steve Webb,and I believe all parties
understand that the original proposal will not be how the property in
question is developed.
Councilman Webb has indicated to the developer that there is no suitable
development plan that he would support if multi-family apartments are
included. It is my suspicion that the Council as a whole will agree with Mr.
Webb.
Again, I thank you for reaching out to express your concerns. I will be
forwarding your correspondence to the City Clerk so that it will be included
in the record for our next Council meeting on February 7th,2022. If you
have any other comments,questions,or concerns please do not hesitate to
reach out. '
Matt Owen
Jeffersonville City Councilor,
mowen@cityofjeff.net
502.889.0836
Sent from my iPhone. Please excuse any typos.
On Feb 1,2022, at 20:07, Billie Arthur<billiekarthur@gmail.com> wrote:
CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links,
especially from unknown senders.
To Whom It May Concern,
This letter is in regards to the proposed development of the Northfield Apartment Complex located at
the corner of Utica Sellersburg Road and New Chapel Road. The development of this 412 multi-family
https://exchange.cityofjeffnet/OWA/ 2/2/2022
Re: Zoning Change Proposal- Matt Owen Page 2 of 3
dwelling is a very problematic one for the residents of the surrounding neighborhoods for a variety of
reasons.
I .
The most egregious issue is the safety concerns caused by the increased traffic in an already high
traffic area. Due to the neighborhoods that'are accessed primarily via New Chapel Road, such as
Stoneybrook and Steeplechase, there is already a high volume of traffic during the primary commuting
windows during the week. This high traffic area already makes turning onto New Chapel Road from its
adjoining roads a dangerous proposition at times in its current state.
This proposed 412 unit development would add at least that many additional vehicles to the daily
commute volume handled by Utica Sellersburg Road and New Chapel Road, with the potential for that
number to easily double if the apartments average at least two vehicles per. None of the proposed
entrances would be located on East 10th Street/Highway 62, which would add all of this increased
stress to New Chapel Road and its adjoining routes. The volume of this increase alone is extremely
problematic, but the location of either entrance would add an exponential increase to traffic collisions
caused by turning into or out of the proposed development onto a road in a high density traffic area.
The other problem created by this proposed development would be the burden it would place on an
already over capacity Utica Elementary. Greater Clark County Schools has already closed down two
existing elementaries in an attempt to cut costs, so it is unlikely that they would voluntarily expand an
existing elementary school to handle the influx of children that this development would add. At best,
the result would be larger class sizes than already exist and a strain on a building that was not built to
handle its current enrollment size. In reality, this development would force kids who would have
normally gone to Utica to now be rerouted to other elementary schools. In either scenario, the quality
education that many see Utica Elementary as providing would be degraded and done so to the
detriment to the children who fall in its district, both currently and with those who would be added by
this proposed development.
The final issue with the proposed development is the zoning change itself that is being proposed. City
planning and zoning have designed our current zoning ordinances with the objective of designing a
city's layout and development in a way that both benefits the community in the present and the
community to come in the future. Jeffersonville's strategic plan over the past decade has sought to
capitalize on its exponential growth in a manner that creates prosperity for the residents and
businesses that currently exist, as well as those that are added as a part of this growth. The zoning
ordinances exist to allow for development that makes sense to the community that it serves. Adding a
development of this scale next to the hundreds of families that live in the adjacent neighborhoods of
Steeplechase and Stoneybrook does not make sense based on the intent of our zoning principles, both
for the current residents that live there or for the area as a whole.
The Jeffersonville Zoning and Plan Commission voted to not recommend the request to change the
current zoning designation and allow the property to remain properly zoned as R1 (Single Family
Residential). We urge you as an elected member of the Jeffersonville City Council to follow suit and
vote against this zoning change and the proposed Northfield Apartment complex.
https://exchange.cityofjeff.net/OWA/ 2/2/2022
Re: Zoning Change Proposal -Matt Owen Page 3 of 3
Thank you,
Michael and Billie Arthur
3510 Sundancer
Jeffersonville, IN 47130
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