VANDERBURGH COUNTY

REZONING BOARD

AUGUST 18, 2003

The Vanderburgh County Rezoning Board met in session this 18^th day of August, 2003 during the regularly scheduled County Commission meeting in Room 307 of the Civic Center Complex with President David Mosby presiding. The rezoning petitions began being heard at 6:11 p.m.

President Mosby: That will bring us to rezonings, which we will go ahead and start immediately. We have no first readings on rezonings tonight.

President Mosby: We have first two final readings. First we will hear VC-12-2003, petitioner, Haas Development, Incorporated, address, 8000, 8500 Wolf Creek Court, change from R-3 with use and development to R-3 with use and development. Mr. Atkinson is with us.

Jerry Atkinson: Good evening, my name is Jerry Atkinson, I represent Haas Development, Inc. We were here many times in the year 2000, and again in 2001 obtaining approval of a rezoning to construct Wolf Creek Condominiums on the west side out by USI. As a condominium development for senior citizens, luxury condos, if you will, we promised certain things; that it wouldn’t be student housing, that it wouldn’t take 12' of fill dirt to be able to construct the project, that we would be good neighbors, and among other things, that there would not be more than eight single story condominium buildings. There in lies the problem. Four of the buildings have been constructed, and there is great demand among the...excuse me...we have four buildings constructed, and we’ve discovered that there is great demand among prospective purchasers for creating a bonus room above the garage. When we put together the use and development commitment, we believed that single family was a certain height, I’m sorry, single story was a certain height. Conceptually, if you’re not raising the roof any, it’s still single story, but we had done a private covenant, and a use and development commitment , committing the project, if you will, to single story. If you put a bonus room above the garage, it then becomes something other than a single story. Is it a two story, a story and half, or bi-level? So, we set out to correct that. We have 12 unit owners, and we have collected consents from all of the owners of the 12 units to make that change. We did a private covenant with the owners of property in the 300 block of Key West Estates, and we have collected signatures from all of the owners of the property in the 300 block of Key West Estates. So, that everybody out there would like to see the option of having bonus rooms for these folks so they can have somebody from out of town stay over night, or they can put their treasures of a lifetime in a house, and they don’t have to downsize that much. In order to accomplish this, we have to amend the use and development commitment , which means we have to do another rezoning. That’s why we’re here. The filing fee has been paid. The publication is going to be paid, this is a substantial effort. We’re asking that you approve to allow an option, allow us to amend the use and development commitment to provide an option for a bonus room above the garages in the remaining four buildings. There will be not more than 14, I’m sorry, not more than 18 possible units that would have that option, and not all of those would have the garages. From the outside you won’t be able to tell the difference with the exception that there will be a dormer. The building won’t get any higher, it won’t get more ugly, it will simply have a bonus room, and the people will be able to keep their stuff, and perhaps have their family come in.

President Mosby: Are there any questions by any member of the Commission? Is there anybody in the audience that would like to speak? In reading the Area Plan report, I think this passed unanimously with one abstention, so the chair would entertain a motion for VC-12-2003.

Commissioner Fanello: Motion to approve VC-12-2003.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second. This requires a roll call. Commissioner Crouch?

Commissioner Crouch: Yes.

President Mosby: Commissioner Fanello?

Commissioner Fanello: Yes.

President Mosby: Commissioner Mosby, yes. There being three ayes, no nays, VC-12-2003 is hereby declared adopted.

Jerry Atkinson: Thank you very much.

President Mosby: Thank you.

President Mosby: Next, we will hear VC-13-2003, petitioner, Charlestown Square LLC, address, 730 Citadel Circle, and this is a request change from C-4 to C-2 which is a down zoning.

Les Shively: That’s correct.

President Mosby: Mr. Shively.

Les Shively: Members of the Board of Commissioners, my name is Les Shively, representing the petitioner in this particular matter. As I said at the beginning of the presentation for the Plan Commission, if this request looks familiar, it should. We were here regarding, basically, the same project back in April that you approved. What has occurred, which is kind of a good news-good news situation, is that after the rezoning was approved, and the company, the developer out of Indianapolis that is purchasing this property, Kendall Construction, they started more detailed plans, and basically determined they needed a little more land. It’s going to be close to 200 apartment units, first class apartment units with separate garages. All of these apartments will, in fact, face the lake that is out there already, the retention basin, excuse me, the borrow pit that was filled in , that became filled with water that the time that I-164 was done is now a beautiful lake there at the northeast corner, if you will, formed by I-164 and the Lloyd Expressway. This simple request is just to allow this additional land for the project so that there is plenty of area for the development. I just would note parenthetically that there’s a lot going on in this area. You probably read about the 100 bed hospital that’s going over to Gateway, and that will pretty much extinguish any available land in that particular area. The area where Cracker Barrel and all that is, is pretty well built out. The area that is where Town and Country Ford and where the new Tri-State Orthopedics is going is, if they opt, if the last option is exercised, it will be pretty well built out, so, this is the last remaining area. So, we see a lot of activity taking place, and we believe this is really going to be a very big plus for Vanderburgh County. Again, we hope to close this thing the first of next month, and start construction yet this fall. More than happy to answer any questions you have.

President Mosby: Questions by any member of the Commission? Seeing none. Anybody in the audience that would like to speak to VC-13-2003? Seeing none, chair would entertain a motion.

Commissioner Fanello: Motion to approve VC-13-2003.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second. Roll call vote. Commissioner Crouch?

Commissioner Crouch: Yes.

President Mosby: Commissioner Fanello?

Commissioner Fanello: Yes.

President Mosby: Commissioner Mosby, yes. There being three ayes, no nays, VC-13-2003 is hereby declared adopted.

Les Shively: Thank you very much.

President Mosby: Now, the chair would entertain a motion to adjourn. There’s your paper, John.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second. So ordered. We stand adjourned.

(The meeting was adjourned at 6:19 p.m.)

CONSENT ITEMS:

         Commissioners: Jail Bond Expenses: Crowe Chizek.

         Travel Requests:

         Weights & Measures      Health Department         Commissioners

         Employment Changes:

         Health Department         Legal Aid                        Superior Court

         Circuit Court                   Recorder

         Treasurer: Submit Monthly Report for July 2003.

         Those in Attendance:

         David W. Mosby             Catherine Fanello           Suzanne M. Crouch

         Bill Fluty                          Kevin Winternheimer      Tammy McKinney

         Madelyn Grayson           Phil Lawrence                 Eric Williams

         John Stoll                        Alan Teeple                    Roger Lehman

         Sherman Greer               Dennis Hudnall               Gary Hohman

         Jerry Atkinson                 Les Shively                     Others Unidentified

         Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

David W. Mosby, President

Catherine Fanello, Vice President

Suzanne M. Crouch, Member

Recorded and transcribed by Madelyn Grayson.