Vanderburgh County
Rezoning Board
June 18, 2001
 
The Rezoning meeting was called to
order at 7:15 p.m.
President Mosby: I would like to call
to order the Board of Commissioners meeting for Rezonings for June 18,
2001.
President Mosby: Approval of minutes.
Commissioner Fanello: So moved.
President Mosby: I have a-
Commissioner Mourdock: I'll second.
President Mosby: I have a motion and
a second. So ordered approval of minutes.
President Mosby: First readings we
have none.
President Mosby: Second readings I
will read real quickly. VC-8-2001, petitioner, Stanley and Mary Kim Emberson,
13659 Highway 41 North, Evansville, Indiana 47725. Request C-1, Ag and
C-1 to C-4. VC-9-2001, petitioner, Dan Buck, address 18...800 Schutte Road.
Request Agricultural to C-4 with a use and development commitment. VC-10-2001,
Dan Buck Development, address 800 and 906 Schutte Road. Request Agricultural
to R-3 with a use and development commitment . Do I have a motion to accept
the second readings? Or that was-
Commissioner Mourdock: Not necessarily
to accept, but let's just go ahead and hear those. I move that we go forward
with hearings on second readings.
Commissioner Fanello: Second.
President Mosby: I have a motion and
a second to go forward with hearings.
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VC-8-2001- Petitioner, Stanley
and Mary Kim Epperson
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President Mosby: First would be VC-8-2001,
which is Stanley and Mary Kim Epperson. Oh.
Commissioner Mourdock: Yeah.
President Mosby: If any...I always
forget this. I am not used to this. If anybody intends to speak tonight,
please raise your hand. Repeat after me, I swear to tell the truth, the
whole truth and nothing but the truth so help me God.
Unidentified: I do.
President Mosby: They repeated that
real well. So, okay.
Krista Lockyear: I didn't have that
written down here in my notes, David. I just couldn't follow that.
President Mosby: I'm just...I'm not
used to that.
Krista Lockyear: For the record, my
name is Krista Lockyear. I'm here on behalf of Kim and Stan Epperson. I
am going to run through, real briefly, and ,hopefully quickly, the reason
why the Epperson's are here in front of you asking for a rezoning. Kim
owns and operates a travel agency on Highway 41 just south of the Busler
gas station, called Travel Smart. Stan owns and operates a veterinary clinic
called Epperson Veterinary Services at that same location. These businesses
have been ongoing for quite some time and not had any problems. I got a
phone call from Kim the other day, and she said, I need your help with
zoning, and I thought I can't believe you need any zoning help. What's
going on? She ran me through this history of the property which I am going
to do for you, and, I think, it kind of helps you realize that they are
dealing with, unfortunately, some red tape. Stan bought the veterinary
clinic in 1989, and it was, at that time, agricultural property. Also at
that time, they needed a special use for veterinary clinic, and they went
to Planning Commission and obtained the special use for the veterinary
clinic. Since that time the zoning laws, I believe, changed and they actually
don't need the special use anymore, but were appropriately zoned for the
veterinary clinic. Kim, at the time, was working in Vincennes at a travel
agency and wanted to work closer to home, so they purchased two acres adjacent
to the veterinary clinic to allow expansion of her business. They were
informed, at that time, that the portion of the building that they were
going to expand to include the travel agency needed to be zoned for C-1,
because a travel agency cannot operate in the Ag zoning. They went in,
they got the rezoning for C1 and everything was fine for awhile. Last Fall
they went in to replace their old sign with a new, nicer, fancier sign,
and were informed by Planning Commission staff that where their sign was
located, although they were conforming with their business, their sign
was actually located in the lawn of the yard, which was zoned Ag, and,
therefore, could only be located on the building portion that was zoned
C-1. So, they sat down with Planning Commission staff and kind of worked
through what can we do here, and the least common denominator for the two
businesses is a C-4 zoning. So, in order to allow the veterinary clinic
and the travel agency, which have been operating for quite some time, and
allow them to advertise in a location in their front yard, as opposed to
on top of the roof of their building, they do need a C-4 zoning. That is
why I am here requesting this. There will not be any change of use. They
intend to stay in this business for a long time, but simply need to come
in conformance with the zoning requirements. I do have a picture of the
signs, in case you haven't seen that.
Commissioner Mourdock: So, to summarize
this in a few simple words, all this is about having a sign with an advertisement
for both the vet clinic and the travel agency?
Krista Lockyear: Exactly.
President Mosby: Are there any questions
by any member of the Commission? Is there anybody in the audience, anybody
in the audience that wants to speak to VC-8-2001, Highway 41? Seeing none.
Commissioner Mourdock: Seeing none,
I will move approval on final reading of the rezoning of VC-8-2001, 13659
Highway 41 North, from Ag and C-1 to C-4.
Commissioner Fanello: Second.
President Mosby: I have a motion for,
to call the roll. We need to call the roll. A second by Commissioner Fanello.
Commissioner Mourdock?
Commissioner Mourdock: Yes.
President Mosby: Commissioner Fanello?
Commissioner Fanello: Yes.
President Mosby: Commissioner Mosby?
Yes. There being three ayes-
Krista Lockyear: Thank you.
President Mosby: -motion passes. Thank
you.
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VC-9-2001 & VC-10-2001-Petitioner,
Dan Buck
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President Mosby: Next we will hear,
I guess, together VC-9-2001 and VC-10-2001, 800 Shcutte Road and 800 and
906 Schutte Road.
Krista Lockyear: Do I need to be sworn
again?
President Mosby: No, we did that once-
Krista Lockyear: Okay.
President Mosby: -that's good for
all of them.
Commissioner Mourdock: We did a mass
swearing.
Krista Lockyear: Okay. Again, for
the record, Krista Lockyear on behalf of Dan Buck Development LLC. A little
brief history, this rezoning is very close to rezoning that Dan worked
through with the neighbors on the Lloyd Expressway on the eastern side
of the property. We came into a filing situation with the use and development
commitment that was very similar to that use and development commitment,
and we had negotiated, Dan had negotiated, that with the sellers of the
property who have residences that they intend to remain in immediately
adjacent to this property. After we filed, we received an invitation from
the West Side Improvement Association to come to their meeting to explain
the rezoning to them and answer any questions about it. Myself and two
representatives from Dan's company did that, and there were a lot of questions
at that time. I guess, as people tend to procrastinate, we did perceive
that there were more meetings that we needed to get to. We did finally
just sit down and meet this past Saturday, two days ago, with a representative
member group of the neighbors, and it is very clear to us that there are
more meetings that we need to attend with the neighbors, more discussion
that we need to have, before we can present this rezoning to the body for
a vote. I can't tell you that I know that we will be going back with the
use and development commitment, there may be private covenants. I think,
that there is enough out there that we just need to take a step back and
organize some more meetings. So, I would ask that you allow us to continue
this petition tonight to carry on additional discussions with neighbors.
Commissioner Mourdock: Just to clarify,
you are asking the continuance of both VC-9 and-
Krista Lockyear: Yes.
Commissioner Mourdock: -VC-10?
President Mosby: Any questions by
any member of the Commission?
Commissioner Mourdock: This does not
require, Barbara, does not require going back to APC?
Barbara Cunningham: (Inaudible. Mike
not on.)
President Mosby: Only if she changes
it.
Barbara Cunningham: Changes the use
and development commitment or they change the size or zoning classification.
Commissioner Mourdock: Okay.
Barbara Cunningham: You have to act
within three months of the Area Plan Commission action-
Commissioner Mourdock: Right.
Barbara Cunningham: -(Inaudible. Mike
not on.)
Commissioner Mourdock: So, that means,
just let me make sure I understand that one.
President Mosby: Go ahead.
Commissioner Mourdock: So, with the
action that APC already took earlier this month, unless the petitioner
goes back to APC we have, basically, 90 days to do something with this?
Krista Lockyear: Correct.
Commissioner Mourdock: Okay.
Krista Lockyear: Or, or the Area Plan
Commission action is effective, isn't that?--
Barbara Cunningham: (Inaudible. Mike
not on.)
Krista Lockyear: -yeah, is the ruling.
Commissioner Mourdock: Ah, right.
Okay. Well, since I'm always glad to see the petitioner working with the
neighbors, and, hopefully, it will make things a little easier on both
sides, I would hope, I will move continuance as requested.
President Mosby: Before you do that,
is it...we want to let one of the neighbors speak. Is there anybody that
wants to speak for the neighborhood?
Barbara Cunningham: May I request?--
President Mosby: Okay.
Barbara Cunningham: -(Inaudible. Mike
not on.)
Commissioner Mourdock: Yeah, that
was going to be my question.
President Mosby: One month? I will
let him speak and her speak, and then I will-
Krista Lockyear: Then I will (Inaudible.
Not at mike.)
President Mosby: Okay.
Paul Farmer: I'm Paul Farmer. I live
at 3716 Koring Road, President of the Westside Improvement Association.
I want to thank you this evening, and we, certainly, support the work that
Dan and the other folks have done in working with us, and we hope to continue
on. I guess my major question would have to be, within whether it is going
to be 30, 60 or 90 days? That we clarify that before we leave the room
tonight. Secondly, exactly what we intend to happen from the developers
standpoint between now and then. Are we just going to sit and watch our
tv, or are we going to really be meeting? What kinds of things would you
expect us to be able to come back to you with and say that we were able
to do this together? But, otherwise, we appreciate your time and energy.
President Mosby: To answer you first
question, I'm guessing are we going to say 30 days? I would say that it
would be back here in 30 days, unless there is an agreement amongst both
parties, and it has to go back to Area Plan. There are some circumstances
that call for it to go back to Area Plan, there are others that say, no,
it can come right back here. I would say 30 days-
Commissioner Mourdock: I will formally
put that in my motion after the other person speaks.
President Mosby: -On the second part
of your question, I would fully intend that there would be communication
between the developer, the attorney, and the neighborhood. I had spoken
with the attorney earlier this week and gave her five or six names to contact
out of the neighborhood, and I think she is trying to make them contacts
now. Might have talked to one of them Saturday. Might have talked to one
today, and, hopefully, that will be within the next week. I would fully
expect that there would be communication and dialogue between the neighborhood
and the attorney and the developer. You wanted to speak?
Mari Anne Wenzel: My name is Mari
Anne Wenzel, and I live at 1000 Schutte Road. Just about 1/8 of a mile,
just a city block or, south of where this proposal is. I have lived there
for almost 20 years, and my concern is primarily related to the traffic.
We did indeed build an overpass to accommodate the USI traffic, and if
there is any commercial development that occurs on that corner, by it's
nature, it will divert...a lot of that traffic is going to be the...not
only that, because of it's proximity to USI, it will cause pedestrian traffic.
It is less than a half a block between that property and where USI's property...the
residential, residence halls are. So, I'm asking you to consider that.
I would like to have a method by which we could count the cars that go
past there now, and, I think, that if you have been by there...come by
the west side anytime right before 6:00 when the evening traffic toward
the...where the evening classes come, or even during lunch hour, you will
see that the traffic situation...Schutte Road cannot accommodate what is
there now very well, and if you put 35 condominiums plus a residential
or a commercial facility of any nature there, we are going to have a lot
of trouble. It is going to be an imminent safety problem for, not only
all of the students out there, but the people who live there as well. So,
if you will...I do want to also mention that there was a promise...the
Master Plan, uh, provides that there were not supposed to, supposedly,
to be any commercial development west of Boehne Camp until the year 2015,
and this is a direct contradiction to that, so, I would like to bring that
up as well. Safety and traffic is just, uh, beyond what it can accommodate
at this point. So, I respectfully suggest that we just change it to a residential
area, instead of just commercial of any kind. Is there a possibility that
we could get a car count? So that we could see what we are looking at,
at that point.
President Mosby: Uh, there-
Commissioner Mourdock: There have
been a number of traffic counts done out in that area. I don't know what
the date of the most recent one is-
President Mosby: Do you have a traffic
study?
Commissioner Mourdock: -(inaudible)
may have information on it.
Krista Lockyear: We have not done
a traffic impact study yet, I think, Dan got a quote, and we are looking
at about $10,000. We do have the traffic counts from INDOT from, I believe,
'97-'98. They did some extensive study there when the light went in, and
we do have those counts. So, I can...we can bring those forward and work
with those numbers. We just got those numbers last Friday, and they are
a little difficult to decipher. We may have to go to one of the engineers
and ask them to help us out, or even you to maybe, um, but that is the
best we do have.
President Mosby: Okay, I just wondered
if you had an impact study, I didn't know.
Mari Anne Wenzel: The concern that
I have, and it's been brought to my attention at least three times in the
last five minutes is the fact that you have to do these counts during the
time that school is in session, because that is when the lock down is going
to occur. There are times when I try to get out of my own driveway at lunch
time, and you'll just have to stop and wait, and wait, and wait. If we
put in any kind of commercial development, not even to speak of the residential
part of it, there is going to be a....you know, that's a recipe for trouble.
It is. It has to be addressed before we get started on any kind of development,
or our children...and, you know, my own safety is at hand here. So, I think
you all know that recently in the newspaper they, um, Red Bank Road and
Rosenberger were some of the worst intersections in town, and I don't want
this to be number three on the list. So, I would respectfully suggest that
we postpone it indefinitely.
President Mosby: I would ask if you
want to please give your name to the attorney, and anybody else that wants
to give their name to her so that she can contact you all for a meeting.
Mari Anne Wenzel: She, she, she knows
me.
President Mosby: She's got your name?
Fine. Not a problem.
Mari Anne Wenzel: It was on tv too.
President Mosby: Okay. Is there any
other questions by any of the Commissioners?
Commissioner Mourdock: No, but let
me correct or amend the motion that I made previously, be more specific
with it. I would move then that we grant the request of continuance for
30 days to hear this again in, uh, at our July Rezoning meeting.
Commissioner Fanello: Just to clarify,
I mean, we need to set it for July 16th.
Commissioner Mourdock: Okay.
Commissioner Fanello: So, second.
President Mosby: I have a motion and
a second to continue both VC-9 and VC-10-2001 for 30 days to be heard at
the July 16th Rezoning meeting. Can we do a roll call on that?
Commissioner Mourdock: You don't need
to .
President Mosby: I have a motion and
a second. So ordered. Is there any other business to come before the Commission
on rezonings? Seeing none. The chair will entertain a motion.
Commissioner Fanello: Motion to adjourn.
Commissioner Mourdock: Second.
President Mosby: I have a motion by
Commissioner Fanello, second by Commissioner Mourdock. So ordered.
The Rezoning meeting was adjourned
at 7:40 p.m.
Those in Attendance:
David W. Mosby
Catherine Fanello
Richard E. Mourdock
Barbara Cunningham
Philip Hayes
Madelyn Grayson
Krista Lockyear
Paul Farmer
Mari Anne Wenzel
Others Unidentified
Members of Media
APPROVAL:
VANDERBURGH COUNTY
BOARD OF COMMISSIONERS
______________________________
David W. Mosby, President
______________________________
Catherine Fanello, Vice President
______________________________
Richard E. Mourdock, Member
Recorded and Transcribed by Madelyn
Grayson
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