VANDERBURGH COUNTY

REZONING BOARD

DECEMBER 16, 2002

The Vanderburgh County Rezoning Board met in session this 16^th day of December, 2002 at 7:01 p.m. in Room 307 of the Civic Center Complex with President Catherine Fanello presiding.

President Fanello: Call to order Board of Commissioners Rezoning meeting, December 16^th.

President Fanello: Do I have approval of the minutes of the previous meeting?

Commissioner Mourdock: So moved.

Commissioner Mosby: Second.

President Fanello: So ordered.

President Fanello: We have several first readings. First one being VC-1-2003, petitioner, Jeffrey Korb and Jennifer Korb. Request, change parcel A to R-1 from Ag. Change parcel B and C to R-1.

Commissioner Mourdock: And that’s on 7920 Hogue Road–

President Fanello: Hogue Road.

Commissioner Mourdock: –anyone here to speak to that one? Seeing none, I’ll move for approval on first reading.

Commissioner Mosby: Second.

President Fanello: So ordered. Next one being VC-2-2003, petitioner, Donaldson Capital Management, LLC; address 7424 Darmstadt Road; request R-1 change to CO-2.

Commissioner Mourdock: And seeing no one coming to the microphone on that one, move approval on the first reading.

Commissioner Mosby: Second.

President Fanello: So ordered. Next one VC-3-2003, petitioner, Alan Gauger and Angela Gauger; address, 2012 Koring; request Ag change to C-4.

Commissioner Mourdock: Move approval on the first reading.

Commissioner Mosby: Second.

President Fanello: So ordered. VC-4-2003, petitioner, Herbert Grimm; address, 975 Hillsdale Road; Ag to R-1.

Commissioner Mourdock: Motion to approve on first reading.

Commissioner Mosby: Second.

President Fanello: So ordered. VC-5-2003, petitioner, Charlestown Square, LLC; 730 Citadel Circle; C-4 change to C-2.

Commissioner Mourdock: Motion to approve on first.

Commissioner Mosby: Second.

President Fanello: So ordered. VC-5-2003, Sterling Development; 6649 Old Boonville Highway; A change to R-3.

Commissioner Mourdock: Motion to approve on first reading.

Commissioner Mosby: Second.

President Fanello: So ordered.

President Fanello: We have two final readings. The first one being VC-08-2002, petitioner, J.J. Brodi, LLC; 4510 Heckel Road; R-3 change to C-4.

Mike Schopmeyer: My name is Mike Schopmeyer, here on behalf of the petitioner. With me are Jim and Jackie Johnston. This was before you some months ago. We have entered into, with Keystone Neighborhood Association, a restrictive covenant, or protective covenants, as well as a use and development commitment that resolves, I believe, the issues that were before us. I’ll be happy to answer any questions. There are members of Keystone that are present, but I think the documents speak for themselves.

President Fanello: Does anyone in the audience have any questions.

Commissioner Mosby: I just would like to know, for the record, when you read that, that should be changed to C-4 with use and development.

President Fanello: Okay.

Commissioner Mourdock: There’s two of them. I just make the comment, I know there’s been a lot of discussions that have gone back and forth since this meeting, and with the several APC meetings that this has occurred, and I appreciate the petitioners who have worked with the neighbors out there. Having said that, I would move on final approval VC-8-2002 for J.J. Brodie, 4510 Heckel Road, with the use and development commitment, as Commissioner Mosby noted, R-3 change to C-4.

Commissioner Mosby: Second.

President Fanello: So ordered.

Commissioner Mosby: You have to have a roll call.

President Fanello: Roll call vote. Commissioner Mourdock?

Commissioner Mourdock: Yes.

President Fanello: Commissioner Mosby?

Commissioner Mosby: Aye.

President Fanello: And I vote yes.

Mike Schopmeyer: Thank you very much. I like this new podium.

Madelyn Grayson: Mr. Schopmeyer, the recording check was only for $9.00. Do you not want the use and development commitment recorded?

Mike Schopmeyer: Yes, and I’ll, they will want that recorded, and we’ll see that a check’s delivered–

Madelyn Grayson: Okay.

Mike Schopmeyer: –for that. There’s also a restrictive covenant that will need to be recorded, as well. We’ll coordinate that with you.

Madelyn Grayson: Thank you very much.

President Fanello: Next final reading is VC-10-2002, petitioner, Dennis Owens; 4124-4200 Hogue Road; Ag change to C-4. Do we have anyone here wishing to speak to the rezoning?

Dennis Owens: Good evening. I’m Dennis Owens, the petitioner for the zoning change. I’m here to answer any of the questions you may have concerning this. I know Richard has some.

Commissioner Mourdock: You’re ready. Very good. That reference is to a conversation that took place at the Area Plan Committee meeting, Area Plan Commission meeting, and at that time you had mentioned that you were going to enter into a covenant with the people who were surrounding the property within, was it a half mile?

Dennis Owens: Yes.

Commissioner Mourdock: And, at that time, the covenant had not been signed?

Dennis Owens: That, not on this one. On the other one, the previous one.

Commissioner Mourdock: Okay, has it been signed now for this one?

Dennis Owens: Yes, it has.

Commissioner Mourdock: Okay. Okay. Alright. One of the issues that came up, and, again, just for the record, and for the background of both David and Catherine, as much as anything, part of the fill material that Jerry David placed over the years on the south side of the Lloyd Expressway will be relocated from it’s present location to be used as fill on this property. Mr. Owens and I had a brief exchange at the APC meeting, making sure there was full understanding as to what the liability might be. Hopefully, if there is nothing in there, if it’s a bunch of old asphalt that can easily be dug out and moved, but I just wanted to make sure that everyone is clear that if you run into something that’s really ugly out there, that’s going to be nasty. It’s going to be a liability issue.

Dennis Owens: I’m aware of that, Commissioner.

Commissioner Mourdock: Okay.

Dennis Owens: Also, if you’ll see your, the recommendations from John Stoll, and I discussed this with Richard at the other meeting too. We’ve hired Alt Witzig to supervise the placement of the fill over there in this 19 plus acres. So, they’ll be working with John Stoll towards that end.

President Fanello: Does any other Commissioners...do you have any questions?

Commissioner Mosby: Has this got a use and development on it then?

Beverly Behme: No, no.

Commissioner Mourdock: It’s a private covenant.

Commissioner Mosby: Oh, it’s a private covenant.

Commissioner Mourdock: Right.

Commissioner Mosby: And this is the same private covenant that the city accepted?

Dennis Owens: Yes.

Beverly Behme: (Inaudible. Mike not on.)

Dennis Owens: We’ve been working with the West Side Improvement, and they–

Commissioner Mosby: See, I knew you had, and I knew you had a zoning over in the city.

Dennis Owens: See, the one in the city there, David, is the one that we had, we had agreed to previously, but there was some verbiage in it that we wanted to get cleared up before we did that. Richard was concerned about that, before we done this one, he wanted that done and notarized and recorded, which we have done. The one for this piece of property, we’ve agreed to, and we will sign that, and get it recorded, if you guys see fit to approve this tonight.

Commissioner Mourdock: You confused me on that one. I thought you already signed the covenant.

Dennis Owens: We have.

Commissioner Mourdock: Okay.

Dennis Owens: We have signed, but it’s not recorded yet.

Commissioner Mourdock: Okay. So, that’s all you’re saying. You’ll record it.

Dennis Owens: Yes. It will be if you guys approve this tonight, we’ll do it.

Commissioner Mourdock: I would note Mr. Lockard, from West Side Improvement Association is here. Mike, do you have any comments you would like to make to us?

Mike Lockard: For clarification, I think what you’re looking at is the difference between this one and the one in the city, the city was 25 Dorothy Drive, and that was a very restrictive covenant. It only allowed for his construction business on Dorothy Drive. This one is for the, what, 22 acres?

Dennis Owens: 19.

Mike Lockard: 19 some odd acres. It is a little bit looser in the fact that it allows many of the C-4 uses, but it does restrict certain types of uses, which I believe is at the top of page two. Then, of course, some of the special uses at the bottom of page one. So, it does allow a number of commercial establishments on the property, but, at the same time, limiting some of the more, what we like to think annoying uses that are out there. For lack of a better expression. Yes, there’s no, there’s no adult businesses allowed on this property.

President Fanello: Thank you.

Mike Lockard: And we think, you know, we’ve worked with Mr. Owens very good on this, and I think he’s done a lot of work to try to address most of the concerns of the neighbors. The private covenant there, I think it does hold him accountable for a lot of the things he is doing, and I think if he manages to accomplish all the things that he has talked about, that it will be a very nice development over there.

Commissioner Mourdock: The fill, again, is going to be moved from the south side of the Lloyd to this property. If that fill is not put in on this property, that property is largely not developable. Or, at least, some of it is not developable.

Mike Lockard: From talking to the different engineers, I know since there is some flood way and flood plain issues there, that he has to be, I believe, for county standards 2' above base flood elevation. So, if he doesn’t get the fill from across the way, he would still have to bring in clean fill in order to develop it.

Commissioner Mourdock: And the work that would be required of placement of that fill will require permits from the DNR.

Mike Lockard: DNR, IDEM, and since he’s going to be–

Commissioner Mourdock: Corp of Engineers.

Mike Lockard: –potentially right in the middle of Carpentier Creek, there are some, several Army Corp of Engineers–

Commissioner Mourdock: Right.

Mike Lockard: –issues as well. I’ve spoken with all three of those agencies, and, as they told me, you know, once the permit applications come in, they will address them on a one on one basis.

Commissioner Mourdock: Uh-huh.

Mike Lockard: Thank you.

President Fanello: Thank you, Mike. The board would entertain a motion.

Commissioner Mosby: Any remonstrators that wants to speak? Seeing none. Motion to approve VC-2002, 4124-4200 Hogue Road, from Ag to C-4, noting that there is a covenant that goes with this petition.

Commissioner Mourdock: Second.

President Fanello: So ordered. Roll call vote. Commissioner Mourdock?

Commissioner Mourdock: Yes, and I appreciate the fact that you’re undertaking this, and took care of the request that I had. So, thank you, Mr. Owens.

President Fanello: Commissioner Mosby?

Commissioner Mosby: Yes. Aye.

President Fanello: And I vote yes. It passes.

Commissioner Mourdock: Motion to adjourn.

Commissioner Mosby: Second.

President Fanello: So ordered.

The meeting was adjourned at 7:11 p.m.

         Those in Attendance:

         Catherine Fanello           David W. Mosby             Richard E. Mourdock

         Kevin Winternheimer      Beverly Behme               Madelyn Grayson

         Mike Schopmeyer Dennis Owens                Mike Lockard

         Others Unidentified         Members of Media

         VANDERBURGH COUNTY

         REZONING BOARD

         Catherine Fanello, President

         David W. Mosby, Vice President

         Richard E. Mourdock, Member

         Recorded and transcribed by Madelyn Grayson.