VANDERBURGH COUNTY

REZONING BOARD

JANUARY 17, 2006

The Vanderburgh County Rezoning Board met in session this 17^th day of January, 2006 at 4:44 p.m. in room 301 of the Civic Center Complex with President Cheryl Musgrave presiding.

President Musgrave: Call to order the Vanderburgh County Rezoning Board meeting of January 17, 2006. Can you tell us who’s up first today? Do you have another agenda?

Brian Williams: Madam President, Commissioners, the first item on the docket for the rezoning is docket number 2006-6-PC. I’m Brian Williams with Kahn Dees Donovan and Kahn, secretary and counsel for the Evansville Industrial Foundation. It’s docket number VC-2-2006. It’s a petition for first reading, although my understanding is that it was on the December calendar and that’s it’s been noticed for homeowners to be here today. That’s my understanding. If there are any remonstrators to appear. This concerns a five and a fraction acre parcel of property that, if you will, is located on the eastside of the road at the intersection of Green River Road and Petersburg Road. If you can envision where Green River Road ends, or starts, depending upon your perspective, and Petersburg Road, this property is there. It was zoned, or it’s currently zoned M-2 as part of the Vanderburgh Industrial Park. This five and a fraction acres is really facing Green River Road. It’s really not part of, or can’t be used as industrial property. The neighbor, the residential neighbor has approached us with regard to purchasing it. So, we are seeking to change it from M-2 zone to an agricultural zone. The Area Plan Commission, of course, approved that 7-1-1, and we are before you today for that approval on first reading, as I understand it, but, acting like a second reading because this would be the time when homeowners have been notified to appear if they have any remonstrances. There were none during the APC meeting, so, unless there are any questions, that’s my presentation.

President Musgrave: Are there any remonstrators here this evening? If you would please come forward, state your name and address for the record.

Daniel McFadden: Daniel McFadden with Pro-Lift Industrial Equipment. Basically, I only had one question, and we just have a concern of exactly where the plot is, and we just don’t want residential drive throughs coming in to the Industrial Park. So, that’s the question that we have.

President Musgrave: Would you like to address that question?

Brian Williams: Sure.

President Musgrave: The map is on the wall of where the plot is.

Brian Williams: Yeah, Pro-Lift would be off the wall toward State Road 57, if you will, it would be approximately where the picture is, hanging on the wall, if I were to guess. The parcel that we’re discussing is where you see the white box, VC-2-2006. There will never be any drive, nor can there be any drive that would enter into the park from this parcel, or approach Foundation Drive. This is just to, as a parcel that is being sought by the next door residential neighbor, which in this map would be the lower part , or to the south.

President Musgrave: One of the question....thank you. Sir, one of the questions raised at the Area Plan Commission meeting was, what exact use was this being put to. I know that you’re asking for it to be down zoned to agricultural, but as I look at that, I’m not sure what you intend to grow there.

Brian Williams: Well, I can’t speak to what the purchaser might want to do with the property. It was originally agricultural, and, of course, it was upgraded to M-2. So, that’s why we are seeking to down grade it to what it was before, and that is generally the use, there is some mixed use in that area, but that is generally the use in the area.

President Musgrave: You are saying the homeowner to the south is seeking to acquire this property?

Brian Williams: That is correct.

President Musgrave: And is that homeowner here tonight?

Brian Williams: No.

President Musgrave: Okay.

Commissioner Nix: So, that I understand that...I’m color blind, so, whatever that dark color is, is that all agricultural?

Brian Williams: No, the dark color, which is purple for the rest of the audience here, and I understand, Mr. Nix, is the Vanderburgh Industrial Park. That is all zoned M-2, Industrial. The bracket, the cross hatched hairs, and I don’t know if they have a–

Bev Behme: Here.

Brian Williams: Right there you’ll see a box, that’s the five and a fraction acres. This is where Green River Road and Petersburg Road intersects. There’s a stop sign there. Don’t know if you’re familiar with that. It’s all just simply in grass now. There is a berm, an earthen berm with trees on top that runs along here to help shelter the Vanderburgh Industrial Park from the residential that is along Petersburg Road and Green River Road here. There is houses in each of these lots here. Frankly, I think there’s a blank lot there, but there’s also houses along here as well.

President Musgrave: What zoning does the white indicate?

Brad Mills: Agricultural.

President Musgrave: Okay. Alright, any further questions? Is there a motion?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: And just for clarification, that’s a motion to approve the zoning?

Commissioner Shetler: Yes.

Ted C. Ziemer, Jr.: Excuse me, now you’re not approving the rezoning. This is just first reading, and it will be read again next, on the 24^th of January, and then you would vote finally on this.

President Musgrave: Okay, so, do we vote at this point or not?

Ted C. Ziemer, Jr.: You really don’t need to vote at all. I will say that the remonstrator is perfectly free to come next week, if you wish. It’s not necessary. The Commissioners have heard this today, and I don’t think you even need to come next week, unless you wish to do so. There, the presentation has been made, and they will vote on it next week.

Brian Williams: Very good. Any other questions?

President Musgrave: I’ve been notified that we skipped the approval of the 11-15-05 Rezoning minutes. If there is a motion to that effect?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: We move now to the first reading of docket 2006-7-PC VC-3-2006, Bramco Properties. That’s been continued?

Brad Mills: That was continued at last meeting. It’s my understanding that they were going to request a withdrawal, but they have not done that yet.

Madelyn Grayson: But, we’ve not had first reading yet.

President Musgrave: So, should we continue our first reading?

Brad Mills: If you would like to.

President Musgrave: Alright. So, we’ve had a first reading, are there any remonstrators here?

President Musgrave: We move forward to the final reading, Sebrina Martin. I understand that petition has–

Brad Mills: That one has been amended. We received an amendment today in our office in Area Plan. So, that will go back to Area Plan Commission.

President Musgrave: Okay.

President Musgrave: We move now to 2005-43-PC VC-12-2005, Level Development LLC, 3340 Mariner Drive. Mr. Buck?

Dan Buck: My name is Dan Buck. I live at 8930 Pierce Drive. I’m proposing to rezone 24 plus acres on the northeast corner of Oak Hill and Lynch from R-1 to R-3 with a use and development commitment. That commitment is virtually the same as the subdivision across Lynch that I developed, and virtually 60 foot lots, the same as R-1. I’m asking for a 20 foot setback, instead of 25, so that I can have more backyard, and the possibility of larger homes with 40 percent lot coverage, instead of 30, which is also R-1. I think it was recommended by Area Plan.

President Musgrave: Are there any remonstrators? Mrs. Susan Harp of Oak Hill Neighborhood Association.

Susan Harp: Susan Harp, 2515 Glen Avenue, president of Oak Hill Neighborhood Association. We’re here, our neighborhood association does approve of this subdivision. There were some concerns about traffic issues that were brought up at Area Plan Commission, and Mr. Buck has met at our neighborhood meeting and gone over this with neighbors who were present at that meeting. My husband is working with John Stoll on coming up with some different alternatives that we might have to go to in the future, if traffic does become more of an issue. It already is an issue, as the neighbors stated, but we’re looking at some other alternatives that we might do.

President Musgrave: Mr. Buck, I understand that you are giving the county $5,000 in order to assist in the conducting of a traffic study?

Dan Buck: Correct. If my project does go through, I’ll contribute $5,000 to a traffic study for Oak Hill and Lynch area there, yes.

President Musgrave: Okay, Mr. Mills, was there anything else that needed to be read in to the record at this time? I would like to thank you again for all the efforts that you have made to address concerns. You gave a different plat than the one that I see here. I guess, it’s not ready for the screen yet. That he has extended to the north and to the east both of those roads, so that in the future they could, if conditions warrant, ever get to that point, be connected with other roads in the area. That did change the lot layout, and added four additional lots to your development.

Dan Buck: Correct. Because there will be more streets that are within inside.

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

Dan Buck: Thank you. I would also like to show an appreciation to the Harp’s and all the great work that they do.

Brad Mills: Ted, roll call.

Ted C. Ziemer, Jr.: Yes, roll call vote.

President Musgrave: Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: And I vote yes.

President Musgrave: Docket 2005-45-PC VC-13-2005, Henry V. Goben.

Henry Goben: My wife and I purchased the property at 13601 Highway 41 North. It was zoned C-4. It reverted back to residential. We purchased it for the purpose of opening an office for insurance, and petitioned the, I guess, the Plan Commission. They approved it 7-0, I think, if I remember correctly. I’m here to seek approval.

Brad Mills: (Inaudible).

Henry Goben: Eight to nothing?

Brad Mills: Eight to one.

President Musgrave: I abstained because I don’t vote at the Plan meetings, I wait to vote until I come here.

Henry Goben: I understand.

President Musgrave: Are there any remonstrators for this rezoning? Commissioners, do you have any questions?

Commissioner Nix: Is this off of 41? Is that shown there?

Henry Goben: There’s an entrance to–

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: A roll call. Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: And I vote yes.

Henry Goben: Thank you.

President Musgrave: Thank you, sir.

President Musgrave: Docket number 2006-1-PC VC-1-2006, Bruce Biggerstaff.

Les Shively: Madam President, members of the Board of Commissioners, my name is Les Shively representing the petitioners. This is a request for an R-1 zoning for a new residential project on the east side. This is one of the last available sites for this type of development in Vanderburgh County, much less the east side, which is still a hot area in this community. The principle developers will be John Elpers and Bruce Biggerstaff, who did Keystone, Carrington Meadows, Briarwood, are projects with which you are familiar. They have already filed their plat for subdivision approval and consideration at next month’s meeting of the Area Plan Commission. I believe this received eight affirmative votes and one abstention at the Plan Commission meeting. I would be more than happy to answer any questions that you have at this time. Mr. Elpers and Mr. Biggerstaff are both present, as well as the landowners and their counsel are here as well.

President Musgrave: Are there any remonstrators? I see no remonstrators. Are there any questions from the Commissioners? Is there a motion?

Commissioner Nix: Motion to approve.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: And I vote yes.

Les Shively: Thank you very much.

President Musgrave: Thank you. Does that conclude the agenda? Thank you. I will entertain a motion to adjourn.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: We are adjourned.

(The meeting was adjourned at 4:55 p.m.)

         Those in Attendance:

         Cheryl Musgrave                      Bill Nix                            Tom Shetler, Jr.

         Ted C. Ziemer, Jr.                    Brad Mills                        Madelyn Grayson

         Brian Williams                           Daniel McFadden           Dan Buck

         Susan Harp                              Henry Goben                  Les Shively

         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.