Excerpt of 2/17/2009 Commission Meeting

February 2009 Rezoning Petitions

President Tornatta: Public comment?

Commissioner Winnecke: There is a gentleman in the audience.

President Tornatta: Okay.

Les Shively: Mr. President?

President Tornatta: Yeah.

Les Shively: I hate to disrupt your agenda. I’m supposed to be live on the air in 15 minutes. If there’s any way that you could go slightly out of order and take up the Porterfield matter, unless there’s a problem.

Commissioner Melcher: Yeah, we can do that.

President Tornatta: Alright. If it’s okay with the Board, we will move to item number 11, rezonings. Final reading of VC-2-2009, petitioner, Porterfield Development LLC, address 8220 Telephone Road, request change from Ag to R-4. Janet, did I ruin your game?

Janet Greenwell: That’s okay.

Les Shively: She’s quick on her hands there.

President Tornatta: Okay.

Les Shively: Mr. President–

President Tornatta: Yes.

Les Shively: –and members of the Commission, briefly, this is a request for an R-3 rezoning. This property is adjacent to Centerra Subdivision, which my client also rezoned and platted as a residential subdivision. This will be a multi-family area that will serve as a buffer between this property, single family, and the E & B Paving property to the east in Warrick County. It received a unanimous vote with one abstention in the Plan Commission. We would ask for approval.

President Tornatta: Okay, Janet?

Janet Greenwell: Just one little correction. It was a request to R-4.

Les Shively: I’m sorry, R-4.

Janet Greenwell: As an extension.

President Tornatta: Ag to R-4?

Janet Greenwell: Ag to R-4.

President Tornatta: Okay, alright. Any remonstrators? Anything else to say, Les?

Les Shively: No, sir.

President Tornatta: Okay.

Commissioner Melcher: I move to approve it.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

Les Shively: Thanks.

President Tornatta: I want to make sure you got your hour in. See ya.

Les Shively: Thank you.

President Tornatta: Alright, we’re going to continue with the final reading of VC-3-2009, petitioner, Ramsey Development Corporation of Indiana, address, 8530 Middle Mt. Vernon Road, request change from R-1 to R-4 with use and development commitment. Janet?

Janet Greenwell: Good evening, Janet Greenwell with the Area Plan Commission. I apologize, my apologies for getting the packets to you so late. The little item that you took care of on the first of your agenda should fix that problem in the future.

President Tornatta: Okay, super.

Commissioner Melcher: That’s the reason why we did that.

Janet Greenwell: Yes, and we thank you for it. Ramsey Development is requesting to rezone their acreage at the northern part of the site at 8530 Middle Mt. Vernon. The Plan Commission voted to recommend it with nine affirmative votes and one abstention. I will say that there was a lot of discussion about the traffic and the infrastructure improvements, and some commitments that West Side Improvement would like to see made with the neighbors in Cherry Hill Subdivision. One thing unique about this petition is that it will also require approval by the Board of Zoning Appeals. Under state statute the Board of Zoning Appeals has the ability to put conditions and restrictions on their approval of special uses and variances. There’s already a special use and a variance filed, and it will go before our board after this, if this is approved as a rezoning. So, it was determined not to send them back for a use commitment, that we would defer to our Board of Zoning Appeals to ensure that, and I’m sure Mr. Padget will be there, that the neighbors are well protected with any commitments on the development of the, the senior development there. I will say, for the record, that the other petition, the C-1 that Ramsey Development had requested, the VC-4-2009, was continued at the request of the petitioner and the recommendation of the Plan Commission for a period of up to a year so that they can determine a little better, have a little better idea and tie down the use of it before they come and ask for a rezoning.

President Tornatta: Okay. Any remonstrators?

Fred Padget: Shouldn’t the petitioner go first?

President Tornatta: I didn’t see any. I’m sorry. Is the petitioner out there? Oh, I’m sorry. Okay, I didn’t see anybody out there. Come on up if you need to. Thanks, Fred. Do you want to come up here and run this meeting? How are you?

Tim Huber: I’m good. My name is Tim Huber, and I’m with Ramsey Development Corp.--

President Tornatta: Okay.

Tim Huber: –Corporation, out of Tell City, Indiana.

President Tornatta: Alright.

Tim Huber: We’ve done 33 similar projects in Indiana, Ohio, and Kentucky since 1999. We will buy the property, build the building, and lease it to Trilogy Health Services out of Louisville, Kentucky. Twenty six of our 33 projects are with Trilogy. They’ve already approved the site, and we’re anxious to get it rezoned and get started on construction.

President Tornatta: Anything else? Any questions of the Board? Thank you very much. Fred?

Fred Padget: Mr. President, Commissioners, I’m Fred Padget with the Westside Improvement Association. The reason I wanted to come down and talk with you a little bit tonight, and Janet mentioned the traffic concerns. We met and talked with each of you Commissioners about it in other sessions. As the University Parkway develops, and it will, traffic is going to become a considerable concern for us and for, I think, you also. Once it gets connected to Diamond, which could happen in the next couple years, or maybe three years, that’s going to change traffic patterns and put even more traffic onto the Parkway. So, we’re very concerned about getting a traffic study done sometime in the reasonable and near future. I know that you’ve, I think, talked with INDOT and others in trying to get some traffic information. We just want to reinforce the need for that, and if there’s anything we can help to do to facilitate it, we would be glad to do that. We’re very concerned about traffic out there. The County Engineer and the Director of the MPO and the staff report for this petition also talked about a traffic study and the need for it. The intersection at the Lloyd and the Parkway, of course, originally the county had paid for that, we don’t want to see that happen again. We think the state should pick that up, since it’s a state route, and we don’t think the TIF money should be used for the intersection there. That should be used for other infrastructure needs along the Parkway.

President Tornatta: You don’t expect the state to pick up anything on the Parkway, right?

Fred Padget: On the intersection.

President Tornatta: Just the intersection, okay.

Fred Padget: The Parkway, of course, that’s not a state road.

President Tornatta: Yet.

Fred Padget: Well, yet, but we feel that any TIF money that is accumulated ought to go towards infrastructure along the Parkway, as opposed to the intersection.

President Tornatta: Right.

Fred Padget: The, it was mentioned that we did want some stronger use and development commitments, particularly in regards to the lighting, noise, shielding the trash receptacles, delivery times and those kinds of things. The petitioners mentioned at the Area Plan Commission meeting that Trilogy pretty much has these outlined and required in the contracts that they have with Trilogy, and we have no reason to disagree with that. So, I think that that satisfies our concern. We would have liked to have had that put in a use and development commitment, but at this point I think we’re satisfied with that. Ramsey has a good reputation, and Trilogy also, as far as I can determine. The privacy fence that we wanted to protect the neighbors along Cherry Hill Drive, the petitioner has said that they will ask for that at the BZA, or it will be built into their request from the Board of Zoning Appeals. Overall this is a really good project. We support it. It’s a good land use for that particular property. It’s a low traffic impact, as best we can determine. Again, we think the petitioner and Trilogy both have good reputations, and the West Side Improvement does support this project. Thank you. If there’s any questions, I’ll gladly try to answer them.

President Tornatta: Questions of the Board?

Commissioner Melcher: No. Thanks, Fred.

Fred Padget: Thank you.

President Tornatta: Thank you, Fred. Any other remonstrators to the project?

Commissioner Melcher: I’ll move for do pass.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Any discussion? Anything else from the petitioner? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)