The Rezoning Meeting was called to order at 7:00 p.m.

President Jerrel: I'd like to call the Rezoning Meeting of the Vanderburgh County Commissioners to order. 
 

Approval of minutes

President Jerrel: The first item on the agenda is the approval of the minutes of the previous meeting.

Commissioner Tuley: I'll move approval of the previous meeting.

President Jerrel: Second and so ordered.
 

First reading VC-02-2000 Red Bank Development, Inc.

President Jerrel: The first item on the agenda are the first readings. 

Commissioner Tuley: Okay, normally on first reading all we do and we'll continue with that tonight is we will read the minutes...or we'll read the request into the minutes and ask that it be passed on to the Area Plan Commission for consideration. The first reading is VC-02-2000. The petitioner is Red Bank Development, LLC, 525 South Boehne Camp Road. The request is from AG to C-4. I will move approval on first reading.

President Jerrel: And I'll second and say so ordered.
 

First reading VC-03-2000 Tim J. Zeller

Commissioner Tuley: The next item is VC-03-3000. The petitioner is Tim J. Zeller. The address is 5100 Upper Mount Vernon. The request is from R-3 to AG. I'll move approval on first reading.

President Jerrel: I'll second and say so ordered.
 

First reading VC-04-2000 Keystone Development, LLC

Commissioner Tuley: The final first reading is VC-04-2000. The petitioner is Keystone Development, LLC. The address is 5900 North Green River Road. The request is from C-2 to R-1. I'll move approval on first reading.

President Jerrel: I'll second and say so ordered.
 

Final reading VC-23-99 Terry Coon

President Jerrel: Under final reading the first is VC-23-99, Terry Coon.

Joe Harrison, Jr.: Yes, this is 13601 Highway 41 North. The request is from AG to C-4. All those wishing to speak with respect to this petition please raise their right hand. Do you swear or affirm that the testimony that you are about to give is true and accurate so help you God? 

Response: Yes, I do.

Joe Harrison, Jr.: Thank you.

Blaine Oliver: Steve Bohleber is the representative for Terry Coon in this petition to rezone his property located at 13601 Highway 41 North. Mr. Coon has a .7 acre residential lot located on the east side of Highway 41 between Boonville-New Harmony Road and Inglefield Road. He is requesting a change in zoning from Agriculture to C-4 for use as an auto repair shop. Mr. Coon has filed an amended petition which includes a Use and Development Commitment which limits uses of this site to agricultural uses and Terry Coon's automobile repair shop only. The petition was heard at the February 2^nd Area Plan Commission hearing and received a no recommendation with four yes, five no and two abstention votes by the Plan Commission. Highway 41 is a controlled access thoroughfare. Currently there is a shared residential access on the highway. INDOT has stated that the existing driveway is acceptable for the auto repair usage. If this site is approved for commercial use the existing curb cut must be widened to commercial standards. Conversion of a residential drive to commercial results in more turning movements at the driveway which can decrease road capacity and travel speed and increase vehicle accidents. The Year 2015 Conceptual Land Use Map in the Comprehensive Plan designates the site for residential uses. This site is located in a rural residential and agricultural area. The southern end of the projected industrial corridor along US 41 is Inglefield Road. According to the Comprehensive Plan it is essential for development proposals along major arterials to be accompanied with commitments to construct the infrastructure improvements necessary to accommodate safe site generated traffic and sewers. The site is served by septic and commercial development should be served by sewer. The Water and Sewer Department estimates that the cost for extending sewers to this site could be as much as $150,000. An automobile repair shop requires a C-4 in the zoning code as it is a use considered incompatible with residential development. The code also requires that all parking and access must be paved with a hard and sealed surface. 

Joe Harrison, Jr.: Was it five/four?

Blaine Oliver: I said four/five. 

Steve Bohleber: Yeah, I was going to correct the minutes. I think the vote was five yes, four no and two abstentions before the Plan Commission which would be no action either way.

Joe Harrison, Jr.: Yes, the minutes reflected five yes, four no, two abstentions. 

Steve Bohleber: Good evening, I'm Steve Bohleber and I represent Mr. Coon who is seated with his wife right behind me. The Coons filed this petition on their own and then retained me at a later point. Mr. Coon is an auto mechanic and wishes to repair autos in the garage adjacent to his home at that location. There is no known neighborhood opposition and Mr. Coon has spoken with INDOT who feels that with minor modifications the existing drive will be sufficient. Both I and Mr. Coon have talked to the environmental officer at the Health Department about this small operation. He feels the current and existing septic system will meet the needs and is comfortable with the plan from that perspective. Now we realize at first blush this petition may seem to promote other commercial rezonings, may even be considered spot zoning although there is some commercial not too far to the north. To ameliorate that concern my client has submitted a very restrictive use commitment that limits the use of the property to a single use only as defined by your code and that's for automobile repair and specialized service. I used the precise language from the code to make this limitation which has a confusing subpart because this does specifically exclude by definition overhauling, rebuilding, painting and body work, so if you read that quickly you might think that the request is to include those things, but actually I am using the language of the ordinance in the use commitment and it specifically excludes those. Those would require an M-1 zoning. To further restrict the use we have made it personal to Mr. Coon. As this use commitment is drafted when he sells the property or, heaven forbid, when his time comes to leave this earth it shall cease being commercial, a life estate so to speak with a rezoning. The concern I think that was expressed by some members of the Plan Commission was the possibility even with these restrictions of Mr. Coon expanding the garage on that site. As a practical matter if you take a look at the topography and the current structures on the site that would be extremely difficult to make any significant improvement. His residence is to the south and both Mr. and Mrs. Coon certainly want to live there as well as allow him to utilize the garage for his trade and the septic system is located to the southwest which prevented the expansion in that area. The rear of the property to the east drops off precipitously into a wooded and grassy area that would require significant landscaping and movement of dirt to accommodate it, so to construct any new or expanded building is one, not on the horizon and two, is limited by the geographic and structural limitations. I would also suspect that if any greater utilization of that site was anticipated INDOT and the Health Department would take a different look at it as well and they are both comfortable with the situation as we see it. Again, the vote at the Plan Commission was five/four. Four against and two abstentions. My clients are here this evening as am I to answer any questions you might have, but we do ask for a positive vote from the Commission tonight. 

Commissioner Tuley: Are there any remonstrators at all? There were none at Area Plan, Mr. Bohleber, is that what you said? 

Steve Bohleber: That is correct and my clients have spoken to everyone in the neighborhood. They are comfortable and indicate that they will be customers, as a matter of fact.

Commissioner Tuley: Are you, Mr. Coon, are you working somewhere else and then doing this on the side, so to speak, or this is your full-time employment? 

Terry Coon: (Inaudible.)

Commissioner Tuley: Okay. Have you been operating in the past, is that why you are getting your zoning to make it comply with what you are actually doing? So I would take it then if none of your neighbors are here complaining you must not have cars parked out and around and all over the place then?

Steve Bohleber: And he will be required by the zoning to put up appropriate barriers and required by the code to shield the operation. He recently moved from another location. Where was that? It was up in the general area wasn't it? 

Terry Coon: (Inaudible.)

Steve Bohleber: Okay.

Commissioner Tuley: Oh, that's where you were.

Steve Bohleber: He was just-

Terry Coon: (Inaudible.)

Commissioner Tuley: Is that what the C-4 is just to the north of him? 

Steve Bohleber: Yes.

Commissioner Tuley: Okay.

Steve Bohleber: Yeah, he was required to move. He lost his lease, so to speak. 

Commissioner Tuley: That's the only questions I had.

President Jerrel: I don't have any. You asked them. 

Commissioner Tuley: Okay, well, normally I would say it does make you want to believe...or the code of the Comprehensive Plan usually asks for a commercial...not a commercial, but a sewer system be in place before we do something like this. However, I think as Mr. Bohleber has indicated he has had conversation with the Health Department and given the nature of the work in that very restrictive Use and Development Commitment they didn't seem to have a problem with it. I'm willing to move then for approval of petition VC-23-99 from AG to C-4 at this time.

President Jerrel: I'll second and call for a roll call vote. Commissioner Tuley?

Commissioner Tuley: Yes.

President Jerrel: And I vote yes.

Steve Bohleber: Thank you very much.

President Jerrel: Motion carried. 
 

Final reading VC-28-99 North Point Center, LLC

President Jerrel: Next item on the agenda is VC-28-99.

Joe Harrison, Jr.: This is North Point Center, LLC. The address is 12400 Highway 41 North. The request is from AG to C-4. All those wishing to speak concerning this petition please raise their right hand. Do you swear or affirm that the testimony that you are about to give is true and accurate so help you God? 

Response: I do.

Joe Harrison, Jr.: Thank you.

Blaine Oliver: Jan Hart is the representative from North Point Center, LLC in this petition to rezone a 1.9 acre site located at 12400 Highway 41 North from AG to C-4. The site is southwest of the Highway 41 and Boonville-New Harmony Road intersection. Current owners are Freddy and Karen Bromm. This petition was heard by the Area Plan Commission at the February 2^nd meeting and was recommended for approval with eight yes votes and three abstentions. This site is being added to the adjacent 11.7 acre parcel to the north which was rezoned to C-4 with a Use and Development Commitment in 1997. A grocery, banks and retail shops are planned on the 13 plus acre site. This site is located just outside of the corporate boundaries of the Town of Darmstadt with the town limits being adjacent to the west. Just inside the Town of Darmstadt is the Vanderburgh County 4-H Center. This area is identified on the Year 2015 Conceptual Land Use Map in the Comprehensive Plan as an area of commercial development. This proposal is consistent with the plan. Highway 41 is a controlled access thoroughfare leaving the only access to this site from Boonville-New Harmony Road. This controlled intersection experiences heavy traffic congestion during those periods of special events or activities at the 4-H Center. County Engineer John Stoll states that one, the widening of Boonville-New Harmony Road adjacent to this development should include a left turn lane into the site if sufficient right-of-way exists on Boonville-New Harmony Road and two, since the widening of Boonville-New Harmony Road will affect state right-of-way INDOT approval will be required. The site plan was preliminarily reviewed by the Site Review Committee on January 4, 2000 and the committee recommendations included a traffic impact study, drainage plans, sewer extension, a subdivision being filed, a study on flood protection grade and site grading plans. A subdivision plat has also been filed and was reviewed by the Subdivision Review Committee in February. 

Jan Hart: Hi, my name is Jan Hart. I represent North Point Center, LLC as the petitioner and I guess I represent the landowners that are currently the landowners, Freddy and Karen Bromm also. Really, that's a pretty extensive report. I don't know that I have very much to add to it. We're bordered on both sides by property that is zoned C-4 and it's part of the Comprehensive Plan that it be commercial. We are just asking to rezone this two plus acres to match up the adjoining property that North Point Center, LLC now owns. 

President Jerrel: Is there anyone here that wishes to speak to this? Hearing none, are there any questions?

Commissioner Tuley: No, I have none. It looks like he is bordered, like he said, on both sides by C-4 already. So if there is no remonstrators I'll move approval of VC-28-99, North Point Center, LLC, 12400 Highway 41 North with a request from AG to C-4.

President Jerrel: I'll second and call for a roll call vote. Commissioner Tuley?

Commissioner Tuley: Yes.

President Jerrel: And I vote yes. Motion carried.

Jan Hart: Thank you very much. 

President Jerrel: Thank you.
 

Final reading VC-30-99 Mid-America Clutch Co., Inc.

President Jerrel: The next item is VC-30-99. 

Joe Harrison, Jr.: This petition is filed by Mid-America Clutch Co., Inc. The address is 5620 Upper Mount Vernon Road. The request...rezoning request is from AG to M-2. All those wishing to speak concerning this petition please raise their right hand. Do you swear or affirm that the testimony that you are about to give is true and accurate so help you God? 

Response: I do, sir.

Joe Harrison, Jr.: Thank you.

Blaine Oliver: Les Shively is the representative for Mid-America Clutch Company in this request to rezone the property located at 5620 Upper Mount Vernon Road from AG to M-2. This 1.5 acre site is located at the southeast corner of Upper Mount Vernon and Boehne Camp Road. This petition was heard by the Plan Commission at the February 2^nd meeting and was recommended for approval with ten yes votes and one abstention. This residential site is located adjacent to an existing M-2 zoned auto parts remanufacturing facility. This rezoning to M-2 is to allow expansion of the existing industrial use. The only way for existing spot zoned businesses to expand is through the purchase of adjoining residential lots and rezoning those lots. The Comprehensive Plan designates this area for residential use. As called for in the plan if this proposal is approved screening and setbacks must be provided and maintained for protection of the surrounding residential development. The site plan submitted by the applicant indicates that a new 15,000 square foot warehouse building is planned for this site south of the existing residence. If the existing residence is to remain it will be come a legal nonconforming structure. A plan for maneuvering to load and unload large trucks is necessary for this and will be required prior to issuance of any permit for a new warehouse on this site. The site is located in a residential area with the exception of the Mid-America Clutch business. All surrounding properties are residential. The Mid-America Clutch building was rezoned to M-2 in 1983 to bring the existing manufacturing facilities into conformance with the current zoning requirements. The requested M-2 district allows many uses considered incompatible and inappropriate adjacent to residential development. The use of landscape buffers and trees could lessen the impact on surrounding residences if this industrial expansion is permitted at the site. 

Les Shively: Madam President, members of the Board of Commissioners of Vanderburgh County, again, for the record my name is Les Shively representing Mid-America Clutch. Mid-America Clutch has been located in this area for approximately 20 years. It started out with approximately four employees to 40. They are one of the largest clutch remanufacturers in the country. Most of their...in fact, their customer base includes about half of the United States. They go even a little bit beyond the Mississippi River. Most of the eastern half of the United States is their primary market area. They purchased this property several years ago for future expansion. You may recall or you may not recall that this particular property under its prior ownership was in bad shape. Discarded vehicles and junk and such and so the Schneiders, Bob Schneider and his son Scott who operate Mid-America Clutch, purchased this property, cleaned it up and even made improvements to the existing residential structure and now wish to rezone the property to use it for a warehouse location under the dimensions 15,000 square feet as indicated in the staff report. Plans right now are to allow the residents to remain. It will be a legal nonconforming use. Also the warehouse will be situated so as to be shielded from the view of any residential properties to the north and northwest by the existing residents and if, in fact, that residential structure would be removed we would put in an additional buffering over and above what is required in the code so as to provide the screening for the business operations. EUTS has made recommendations in terms of access. We're going to follow all of EUTS' recommendations on access plus the time we start the paperwork to pull our permits we will also submit our site plan for the movement of the truck vehicles. Actually, this will improve the situation. It will mean less area for outside storage and more area for maneuvering. We have one neighbor that attended the last meeting, the Plan Commission meeting, and indicated that Mid-America Clutch has been a good neighbor and just simply wanted confirmation that we were going to continue this operation the way it has been for 20 years. Also, I would note there are some photographs and one thing I would like to point out that the south part of this property, a large portion of it, runs along the railroad right-of-way. In fact, this warehouse will only be visible from the railroad right-of-way and that little part of Boehne Camp Road. It will not be visible from where the residential properties are to the north and northwest. Again, the vote was ten in favor, one abstention. I guess the good news is it allows this business to remain there and expand without having to go into another area and rezone it to M-2 so you sort of keep things where they are already established. I'm more than happy to answer any questions you have at this time. Unfortunately both Mr. Schneiders are out of town on business and could not be here this evening.

President Jerrel: Is there anyone here that would like to speak at this time? This is a final. Any questions? 

Commissioner Tuley: Les, I thought I heard you answer the question. The house is going to remain that sits there on the corner?

Les Shively: Yes, sir.

Commissioner Tuley: And then the warehouse is going to be built back in the corner you said, closer to the railroad?

Les Shively: Closer to the railroad right-of-way. I guess it will be located on the southwest portion of the property.

Commissioner Tuley: Okay, back in the corner where this meets up a little bit with Boehne Camp and the railroad tracks.

Les Shively: Yes. Mr. Tuley, if you would stand in the railroad right-of-way and look towards Mid-America's existing facility it would look like one contiguous operation. 

Commissioner Tuley: Okay.

Les Shively: In other words, if you came on the train tracks you would see one continuous row of buildings which include this warehouse, but, again, if you're looking from Upper Mount Vernon-

Commissioner Tuley: Upper Mount Vernon.

Les Shively: -you're not even going to see it. 

Commissioner Tuley: Okay. I got a good picture because I know exactly where this is at. I'll move approval of VC-30-99, Mid-America Clutch Company, address 5620 Upper Mount Vernon with a request from AG to M-2.

President Jerrel: I'll second and call for a roll call vote. Commissioner Tuley?

Commissioner Tuley: Yes.

President Jerrel: And I vote yes. Motion carried. 

Les Shively: Thank you.
 

Final reading VC-31-99 Marvin Randall McClaskey

President Jerrel: The last item on the agenda is VC-31-99. 

Joe Harrison, Jr.: The petitioner on this rezoning petition is Marvin Randall McClaskey. The address is 4601 Highway 41 South. The request is from AG to C-4. All those wishing to speak concerning this rezoning petition please raise their right hand. Do you swear or affirm that the testimony that you are about to give is true and accurate so help you God? 

Response: I do.

Joe Harrison, Jr.: Thank you.

Blaine Oliver: Krista Lockyear is the representative for owner Marvin Randall McClaskey in this request to rezone a 3.17 acre site located adjacent to his property at 4601 Highway 41 South from AG to C-4. Mr. McClaskey's property is located at the northwest corner of Highway 41 South and Shawnee Drive. This petition was heard by the Area Plan Commission at the February 2^nd meeting and was recommended for approval with ten yes and one abstention. This site is located in a rural agricultural area. In 1983 the existing gas station on the site at the northeast corner of Highway 41 and Shawnee Drive was rezoned to C-4 to allow a mobile home sales lot. The site has been utilized for fireworks sales since the mid to late 1980s. In 1987 the McClaskeys petitioned to rezone 43 acres surrounding the corner site to C-4 for retail development and was denied. At that time it was stated that approximately 19.5 feet of fill would be required. This is a petition to rezone three plus acres adjacent to the north and east of the corner site. The rezoning parcel available for commercial development would be 5.6 acres. Flood elevation is a major concern in this area as is the limited possibility of sewer extension. Development in areas not served by utilities is discouraged. Information submitted by Mr. McClaskey indicates that the only utility available to the site is electric and this site is served by a septic system. Commercial development should be served by sewer. Due to the absence of utilities and the existing agricultural land in the area the Comprehensive Plan designates this area to remain agricultural and undeveloped. The surrounding area is completely agricultural. According to the Comprehensive Plan it is essential for development proposals along major arterials to be accompanied with commitments to construct the infrastructure improvements necessary to accommodate commercial development. No infrastructure commitments have been submitted with this rezoning. When rezoning the corner site was approved in 1983 the petition agreed to closing the western curb cut on Shawnee Drive. No access is permitted onto Highway 41. 

Krista Lockyear: Good evening. My name is Krista Lockyear. I represent Randy McClaskey who unfortunately is out of the country and couldn't be here tonight. His son-in-law, David Barancik, is here and can assist me in answering any questions you may have. What I would like to point out, I guess, of major importance on this rezoning is that this is the State Line Fireworks property that is currently zoned C-4. What Mr. McClaskey would like to do is simply build another building that would be larger so they could better accommodate their customers around the Fourth of July season. The existing building would be demolished once the new building was finished. This would add some parking. Other than that there really will be no change in use. EUTS did recommend that we move the existing driveway further to the west and we have contacted INDOT and we will meet with Bill Kotter in Vincennes, actually send him the information. He said actually meeting with him might not be necessary since we aren't changing the use for the property. They will evaluate whether that drive does need to be moved and then we will address that as well with EUTS locally. I wanted to clarify with regard to the fill issue. Mr. McClaskey does have a DNR permit for fill that is still valid through this fall, however, for the new building there is no fill that will be required. That building, the site is already at an elevation that would be adequate, so we wouldn't have to bring in fill except very slightly maybe to provide adequate drainage away from the building. I did contact the Sheriff's Department to find out if they had a history of accidents, back to the access issue, and they said that they don't show any accidents at this address. That intersection, of course, has had some in the past, but particularly with regard to the State Line Fireworks they don't show any accidents in their records. Because this is really just a replacement of an old out-of- date building we feel that this is appropriate despite the fact that, you know, it is within an agricultural area, but it is simply a continuance and really improvement of an existing business. I would be happy to answer any questions you may have and like I said, David Barancik is here as well. 

President Jerrel: Is there anyone else that would like to speak for or against this project? Any questions from the board? Is there a motion?

Commissioner Tuley: I'll move at this time the approval of VC-31-99, petitioner Marvin Randall McClaskey. The address 4601 Highway 41 South. The request is from AG to C-4. 

President Jerrel: I'll second and call for a roll call vote. Commissioner Tuley?

Commissioner Tuley: Yes.

President Jerrel: And I vote yes. Motion carried.

Krista Lockyear: Thank you.

President Jerrel: Is there a motion to adjourn?

Commissioner Tuley: So moved.

President Jerrel: Second and so ordered.

The meeting was adjourned at 7:30 p.m.
 

Those in attendance:
Bettye Lou Jerrel
Patrick Tuley
Joe Harrison, Jr.
Charlene Timmons
Blaine Oliver
Steve Bohleber
Terry Coon
Jan Hart
Les Shively
Krista Lockyear
Others unidentified
Members of the media
 

Vanderburgh County
Board of Commissioners

Bettye Lou Jerrel, President

Patrick Tuley, Member

Recorded and transcribed by Charlene Timmons.