VANDERBURGH COUNTY

REZONING BOARD

JANUARY 23, 2007

President Musgrave: We will not adjourn at this point, we have to do final action on rezoning ordinance VC-1-2007. Happily, the folks from Area Plan are here and can now come forward to take us through that.

Bev Behme: (Inaudible).

President Musgrave: We do have the first item on the agenda is to approve the minutes, but I believe we just approved those as part of the consent agenda, right? Okay. Oh, that’s the wrong agenda.

Bev Behme: Good afternoon, Commissioners. VC-1, excuse me, 2007, 5103 Spring Valley Road. Spurling Development is requesting to rezone two parcels located at 5103 Spring Valley Drive to C-2. The 1.16 acre site located north of Spring Valley Road is requested to be rezoned from agricultural to C-2. The 3.22 acre site along the south side of Spring Valley Road is proposed to be down zoned from C-4 to C-2 to allow expansion of the apartment development. Both sites are adjacent to existing retirement housing. As part of a settlement agreement between Mr. Spurling, Broadway Summit LLC and Vanderburgh County, perpetual and non-revokable access easements must be dedicated between Heritage Park Subdivision and the Schnucks development. The perpetual access easement is required to eliminate the need for the construction of Cullen Avenue between Davis Lant Drive and Spring Valley Road. This is a petition to rezone C-4 and agricultural to C-2, a commercial classification which will allow construction of apartments, a residential use otherwise prohibited in the existing zoning district classifications. The site is within an area designated as commercial within the comprehensive plan. The surrounding area is completely commercial, with mixed commercial and high density residential uses. This down zoning from existing heavy commercial designation, to the lighter commercial, C-2 designation, and the rezoning to C-2 of a small, undeveloped parcel surrounded by commercial zoning is consistent with the overall development plans for the area, and is consistent with adjacent commercial and residential development. On January 11, 2007, the Area Plan Commission voted seven yes and zero no, and zero abstentions to recommend approval. This petition was continued from last week to allow an amendment of the access easement agreement required by the County Engineer and the County Commissioners.

President Musgrave: Does the petitioner have any remarks to make? Please come forward and state your name for the record.

Andy Spurling: Hi, Andy Spurling of Lakeside Development and Spurling Properties. I have been working with our attorney, Les Shively, and Mr. Ziemer to get the executed document. Can I bring this up? That’s the photo copy. I’ve got the original.

Ted C. Ziemer, Jr.: Madam President, what I’ve been presented with is a copy of the amendment to cross easement agreement, which is satisfactory to make the cross easement perpetual. It is a copy of the executed copy. Mr. Spurling has the executed copy, which you will now proceed to have recorded?

Andy Spurling: Yes.

Ted C. Ziemer, Jr.: That will take care of this matter.

Andy Spurling: Would you like me to forward you a recorded document number?

Ted C. Ziemer, Jr.: Please.

Andy Spurling: Okay, I’ll do that.

President Musgrave: Alright, since this is a continuation of a rezoning. I’ll call again for remonstrators. Are there any remonstrators on this? I see none. Are there any questions from the Commissioners? Do you have any final remarks to make?

Andy Spurling: I think that will do it.

President Musgrave: Okay, is there a motion to approve?

Commissioner Tornatta: Motion to approve.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Commissioner Nix?

Andy Spurling: Thank you.

Commissioner Nix: Yes.

President Musgrave: Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Musgrave: And, I vote yes. Show the rezoning as approved.

Andy Spurling: Thank you.

President Musgrave: Thank you. Unless there’s any further business to come before the Board of Commissioners, I’ll ask for a motion to adjourn.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

(The meeting was adjourned at 4:32 p.m.)