VANDERBURGH COUNTY

REZONING BOARD

FEBRUARY 21, 2006


The Vanderburgh County Rezoning Board met in session this 21st day of February, 2006 at 4:23 p.m. in room 301 of the Civic Center Complex with President Cheryl Musgrave presiding.


First Readings:

VC-4-2006: Petitioner: Mark Simmons

Address: 12335 N. Green River Road

Request: Change from C-4 to R-1


VC-5-2006: Petitioner: Sunset Evansville, LLC

Address: 1800 St. George Road

Request: Change from Ag to C-2 with UDC


VC-6-2005: Petitioner: Mannon L. Walters, Inc.

Address: 6015 B. Heckel Road

Request: Change from Ag to CO-2


VC-7-2006: Petitioner: Herman & Kittle Properties, Inc.

Address: 2810 Mesker Park Drive

Request: Change from R-1 to C-4


VC-8-2006: Petitioner: Jack Tubbs II-Mystic Creek LLC

Address: 3030 N. Green River Road

Request: Change from Ag to PUD


President Musgrave: First readings. We have a number of items on our first readings. If Area Plan would give me a hand here with this, it’s been a while since I’ve done these.


Bev Behme: Okay.


President Musgrave: Do we just accept them all as first reading?


Bev Behme: Yes, just read them and send them on to Plan Commission, and then they’ll come back to you.


President Musgrave: Do you need the whole docket number?


Bev Behme: Just the docket number and the address, I think, is sufficient.


President Musgrave: Okay. So, I will read in to the record the docket numbers of the first readings and if we could have a motion to approve. Docket number 2006-9-PC, 12335 N. Green River Road; docket number 2006-10-PC, 1800 St. George Road; docket number 2006-11-PC, 6015 B. Heckel Road; docket number 2006-12-PC, 2810 Mesker Park Drive; docket number 2006-13-PC, 3030 North Green River Road. Motion to approve?


Commissioner Nix: So moved.


Commissioner Shetler: Second.


President Musgrave: All those in favor?


All Commissioners: Aye.


Final Reading

VC-10-2005: Petitioner: Sebrina Martin

Address: 15025 Petersburg Road

Request: Change from Ag to C-4 with UDC

Action: Approved 3-0


President Musgrave: Here for final reading on one petition tonight, docket number 2005-31-PC, petitioner Sebrina Martin represented by counsel Krista Lockyear.


Krista Lockyear: Good afternoon, Madam President, Commissioners, my name is Krista Lockyear here on behalf of Sebrina Martin and her husband, Mike Martin, who are seeking the rezoning of a small portion of their real estate in order to enable them to store equipment that is utilized in Mike’s lawn care and lawn maintenance business. We’ve done quite a bit of work before we got to this step. We had an original use and development commitment that we have amended in order to address some concerns that the Planning Commission raised. We have also had numerous discussions and meetings with the neighbor immediately abutting the property, Mr. Jeff Cater and his wife, Amy, and we have reached an agreement with them whereby my clients will install a fence under some pretty strict parameters to separate the properties so that there is no disruption of the residence that is adjacent to our clients real estate. Clearly this use, if you can see the zoning exhibit that’s up here, is surrounded by quite a bit of industrial zoning. This use, therefore, is not inconsistent with the area. We have done what we can to mitigate any impact that it would have on the neighbors and actually have the agreement of the neighbors. We had submitted to Plan Commission a petition of many of the neighbors in the area that are in favor of this rezoning. My clients have proved to be good neighbors to most of the folks out there. I believe assisted in shoveling the roads when they had some trouble with snow out there, and, as you can see, with the industrial areas surrounding this and the agreement of the rest of the neighbors, we would ask for your support for this rezoning. I would be happy to answer any questions, and my clients are here as well.


President Musgrave: Are there any remonstrators? Are there any questions from the Commissioners? I see none.


Krista Lockyear: Actually, one of the neighbors, Mr. Hedrick, would like to make a couple comments for you, if you wouldn’t mind.


President Musgrave: Certainly. If you would just state your name and address for the record.


Phil Hedrick: Yes, I’m Phillip Hedrick.


President Musgrave: Wait until you get to the microphone.


Phil Hedrick: Yeah, I’m Phil Hedrick. I live at 15130 Old Petersburg Road. I’m just catty corner from where Mike lives. I would like to say that with what Mike is doing, he’s a good neighbor, and he’s an asset to our community. As the lawyer referred to the snow removal, last year in our major snow storm that we had, in years prior, the last ten years, we’ve been snowed in out there. Our road stayed open because Mike was our neighbor out there. With his snow removal equipment as he went in and out to change crews and stuff, they helped keep the road open. It was our farming neighbor that has the big four wheel drive farm tractor that come through and busted the road open two lanes wide so that we could continue on having access out there. Where in years past it’s been closed. So, Mike’s been an asset to us. I feel strongly enough about this that I’ve been up since 2:30 this morning, I apologize for my work, I just off work and come straight here. Mike is not just a good neighbor in that part, but also in his foster care in caring for children. He’s brought back laughter in the neighborhood. There’s times I go out of the house and I hear the kids down on his bouncer jumping up and down laughing, that makes the neighborhood more fun. Mike has done a lot for the neighborhood. The house that he took over was quite run down, he’s fixed it up a whole lot. I will say that the big industrial park out there, I was one of the ones that fought that. I said, no, it’s bad for our community. Well, I want to go on record saying, I was wrong. I bought a house ten years ago worth $50,000, it’s now worth $117,000. My property values have gone up, not down, because of the industrial development we’ve had out there. So, you’re not going to hurt our community. He’s an asset to us. I would like to see Mike be able to stay there and keep his family there, keep his business there, and still be the good neighbor he is. I hear he’s been paying some taxes too, and that’s important. Thank you.


Commissioner Nix: Commissioner Musgrave likes that.


President Musgrave: Yeah.


Commissioner Nix: We all do really.


President Musgrave: Is there any discussion? Or is there a motion to approve?


Commissioner Shetler: So moved.


Commissioner Nix: Second.


President Musgrave: All those in favor?


Commissioners: Aye.


President Musgrave: Anything further.


Commissioner Nix: Do we need a roll call vote?


Krista Lockyear: Thank you very much.


Madelyn Grayson: That requires a roll call vote.


Ted C. Ziemer, Jr.: Yeah, roll call.


President Musgrave: A roll call vote. Commissioner Nix?


Commissioner Nix: Yes.


President Musgrave: Commissioner Shetler?


Commissioner Shetler: Yes.


President Musgrave: And I vote yes.


Approval of January 17, 2006 Rezoning Meeting Minutes

  

President Musgrave: We need to approve the rezoning minutes, and I don’t have a date on those. What date were those minutes of the last meeting?


Madelyn Grayson: January 17th.


President Musgrave: January 17th, is there a motion?


Commissioner Nix: So moved.


Commissioner Shetler: Second.


President Musgrave: All those in favor?


All Commissioners: Aye.


President Musgrave: The motion carries. Is there a motion to adjourn.


Commissioner Nix: So moved.


Commissioner Shetler: Second.


President Musgrave: All those in favor?


All Commissioners: Aye.


(The meeting was adjourned at 4:29 p.m.)


Those in Attendance:

Cheryl Musgrave                      Bill Nix                            Tom Shetler, Jr.

Ted C. Ziemer, Jr.                    Bev Behme                     Madelyn Grayson

Krista Lockyear                         Phil Hedrick                    Others Unidentified

Members of Media


















VANDERBURGH COUNTY

REZONING BOARD




                                                                    

Cheryl A. W. Musgrave, President




                                                                    

Bill Nix, Vice President




                                                                    

Tom Shetler, Jr., Member


Recorded and transcribed by Madelyn Grayson.