Vanderburgh County
Rezoning Board
February 25, 2002

 

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The Vanderburgh County Rezoning Board met in session this 25th day of February, 2002 at 7:05 p.m. in Room 307 of the Civic Center Complex with President Catherine Fanello presiding.
 
Approval of minutes

President Fanello: Do I need to start over?

Madelyn Grayson: Probably.

President Fanello: Approve minutes of previous meeting.

Commissioner Mosby: So moved.

Commissioner Mourdock: Second.

President Fanello: So ordered.
 
First Readings: VC-5-2002: Petitioner SC Bodner Company, Inc. Request: C-4 to R-5 VC-6-2002: Petitioner: Allen Gries Request: Ag to M-2

President Fanello: First readings. VC-5-2002, petitioner SC Bodner Company, Incorporated, address, 6900 East Virginia Street, request is C-4 change to R-5.

Commissioner Mourdock: On first reading I'll move approval.

Commissioner Mosby: What about the other one? B?

President Fanello: I was going to take it separately. It's a separate.

Commissioner Mosby: Oh. Second.

President Fanello: So ordered. Second, item B, VC-6-2002, petitioner, Allen Gries, address, 4612 North St. Joe Avenue, request is Ag change to M-2.

Commissioner Mourdock: On first reading, I'll move approval.

Commissioner Mosby: Second.

President Fanello: So ordered.
 
Final Readings: VC-1-2002: Petitioner: University Shopping Center, Inc. Address: 111 North Red Bank Request: Ag to C-4

President Fanello: Final rezonings, item C, VC-1-2002, petitioner is University Shopping Center, Incorporated.

Steve Bohleber: Well, I was just next door. I'm Steve Bohleber on that particular matter. The City Council on their own motion continued this matter for two additional weeks, and asked me to speak to the Board of Directors of University Shopping Center concerning restriction of access on Red Bank Road. That being the case, since they did continue that, and I'm reporting to the board, I'm not in a position to respond (Inaudible) for two additional weeks. It seems logical to do something similar in front of the County Commissioners.

Commissioner Mourdock: I would move that, since we don't meet in two weeks, but we meet a month from now, I would move that we carry this issue forward to our next monthly zoning meeting.

Commissioner Mosby: Can we not hear a zoning outside of a regular night?

Commissioner Mourdock: We could certainly schedule a regular zoning meeting.

Commissioner Mosby: I mean, if they're going to come back in two weeks to the City Council, I would say that we concur with that and we do it the same night so that it would all be done at once.

Steve Bohleber: You're by no means controlled by their actions-

Commissioner Mourdock: Right.

Steve Bohleber: -but it would make it more convenient for both my client and the remonstrators-

Commissioner Mosby: Yeah.

Steve Bohleber: -if it were in a single night.

Commissioner Mourdock: Well, we would pay the cost of advertising for that special zoning meeting.

Steve Bohleber: I-

Commissioner Mosby: Do we have to advertise that? We don't have to advertise that. No.

Steve Bohleber: I think it-

Beverly Behme: (Inaudible. Mike not on.) You would continue (Inaudible).

Commissioner Mosby: It's a continuation, so you don't have to advertise it.

Steve Bohleber: It's my understanding, Commissioner Mourdock, that any action taken in a public meeting eliminates the need for either direct mail notice or advertised notice. Is that your understanding?

Commissioner Mourdock: Well, the key words there is, if it's a continuation, I think. So, I'll rescind my prior motion then, and move that we have a special zoning meeting, what would the date be the 11th

President Fanello: Yes.

Commissioner Mourdock: On Monday, March 11th at 7:00 p.m.

Commissioner Mosby: Second.

President Fanello: So ordered.

Commissioner Mourdock: And that meeting is formally a continuation of this meeting.

Steve Bohleber: Thank you all, and I'm sorry for the confusion.

President Fanello: That's okay.

Steve Bohleber: I'm sure you wanted to hear this tonight.

President Fanello: We were dying to.

Commissioner Mourdock: Immediately following.
 
VC-4-2002: Petitioner: John J. Elpers Contracting, Inc. Address(es): 2525-2636 Heard Street, 11743-11816 Newgate Court & 11740-11811 Waverly Court & 2500 Heard Street Request Ag to R-3

President Fanello: Next item, which was postponed from the last meeting, is VC-4-2002, petitioner, John Elpers Contracting, Incorporated. Is there anyone here to speak to this rezoning? State your name please.

Keith Poff: My name is Keith Poff. I'm with Sitecon, Incorporated. Representing the petitioners in this rezoning matter. They are asking to have their property changed from the Agricultural zoning to an R-3 zone with a use and development commitment. The commitment will restrict everything except for single family homes in this area. I believe in the staff report you can see that this is a portion of ground that part of it has be platted for a residential subdivision. The remainder of the property has to come back for another primary approval, but the objective is to have the single family lots approved with what would be patio homes. The size of the homes would, probably, exceed the Ag and R-1 lot coverage of 30%, therefore, they would like to have the R-3 zone to allow them to have 40% lot coverage for the total structure. It also does provide some set back changes. Do you have any questions?

President Fanello: Are there any questions? 

Commissioner Mourdock: No, I just ask Mr. Mills and staff if they have anything that they want to add to this?

Brad Mills: No, we don't have any problem with that. No comment.

Commissioner Mourdock: Okay.

Commissioner Mosby: Any remonstrators?

President Fanello: Any remonstrators?

Commissioner Mourdock: Seeing none, I'll move on final rezoning approval of the 2525 through 2636 Heard Street, and then the property that I believe is 11743 to 11816 Newgate Court, and 11740 through 11811 Waverly Court, and 2500 Heard Street, from R-3, or I'm sorry, from Ag to R-3 with the use and development commitment as reported.

Commissioner Mosby: Second.

President Fanello: So ordered.

Commissioner Mourdock: We need a...that's an ordinance. We need a roll call vote.

President Fanello: Oh, roll call vote please. Commissioner Mourdock?

Commissioner Mourdock: Yes.

President Fanello: Commissioner Mosby?

Commissioner Mosby: Aye.

President Fanello: And I vote yes. 

Keith Poff: Thank you.

President Fanello: Passes. 

Commissioner Mourdock: I move adjournment of our rezoning meeting.

Commissioner Mosby: Second.

President Fanello: So ordered.

The meeting was adjourned at 7:12 p.m.
 

Those in attendance:
Catherine Fanello 
David W. Mosby 
Richard E. Mourdock
Philip Hayes 
Brad Mills 
Beverly Behme
Madelyn Grayson 
Steve Bohleber 
Keith Poff
Others Unidentified 
Members of Media
 

APPROVAL:
VANDERBURGH COUNTY
BOARD OF COMMISSIONERS

______________________________
David W. Mosby, President

______________________________
Catherine Fanello, Vice President

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Richard E. Mourdock, Member
 

Recorded and Transcribed by Madelyn Grayson