VANDERBURGH COUNTY

REZONING BOARD

MARCH 15, 2005

The Vanderburgh County Rezoning Board met in session this 15^th day of March, 2005 at 5:00 p.m. in room 301 of the Civic Center Complex with President Suzanne Crouch presiding.

President Crouch: Good afternoon. Welcome to the Vanderburgh County rezoning meeting.

President Crouch: The first item on our agenda is approval of the February 15^th rezoning minutes.

Commissioner Nix: I make a motion that we approve.

Commissioner Musgrave: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

President Crouch: First item, second item on our agenda is docket number 2005-13-PC, VC-5-2005, petitioner, Randall Johnston/RJC, Inc.

Krista Lockyear: Good evening, members of the Commission. My name is Krista Lockyear. I’m here on behalf of RJC, Inc., and Randall Johnston, to request your approval for rezoning this property for residential, for a condominium complex that Mr. Johnston is proposing. I would like to hand to you the site plan also here in front of the easel. I have a small one for each of you to look at as well.

Commissioner Nix: Thank you.

Krista Lockyear: As you have probably seen from the petition, Mr. Johnston has this land under contract with the owner, Ethel Golden, in hopes to get approval to construct these condominiums. These condominiums will be known as Bennett Point, and, I’m not sure if you all have reviewed all of the minutes from the Area Plan Commission meeting. If so, I apologize for repeating the story, but my client came up with this design after being around several residents from other condominium complexes in town that had approached him and said, you know, a smaller, one bedroom, or one attached garage condominium would be perfect for our lifestyle. Randy came up with this design. As you can see from the picture here, this is Ivy Gardens Condominium, which is on the northwest side of town. Very attractive community here, and these, Bennett Point would be identical to this plan here that is Ivy Gardens. Bennett Point would be built in four phases. As you can see from your site plan, phase two being the closest to Burkhardt Road, would be two, eight building units. I’m sorry, phase one. Phase two, moving back, would be two, ten unit buildings. Phase three, two, ten unit buildings, and then the final phase would be two, six unit buildings. That is a total of 68 units, and my client hopes to get those built in the next two to three years. Of course, depending on market demand, and how quickly they sell. The market appeal for these condominiums is, a lot of the residents closer to retirement age, because they are smaller units, they are about 1,278 square feet, they have an attached sunroom, which is a very nice feature, not commonly found in the apartments around here. Of course, the attached garage. As I mentioned at the Plan Commission meeting, I did have a conversation with John Stoll, he had two recommendations that he made with regard to this zoning. One was that we do not connect to Colonial Gardens Road, or if we did, that it would have to be substantially improved. After reviewing the road and talking to some residents back there that were very concerned that we would access that road, we’ve redesigned that plan, so we will not be utilizing Colonial Gardens at all. The other comment from John Stoll was that when this is fully developed it will meet a warrant for a decel lane. Just, we have acknowledged that that’s a possibility. John indicated that he did not see any reason why we would have to do it immediately, because of the delay in developing the entire property. At some point we may, fully developed, may meet a traffic warrant for a decel lane. But, as the spaces go in, we certainly don’t in the beginning two or three phases. In February my client hosted a reception for the neighbors in hopes of introducing them to this project. Unfortunately we only had one in attendance, but we did meet a couple of other neighbors at the Area Plan Commission meeting. One neighbor indicated that they would like to see a fence also along Colonial Garden Road, which we have agreed to do so. The fence that is provided for by the use and development commitment that was filed with this petition is non-transparent. Randy has indicated that it will be a vinyl siding, white vinyl siding fence. So, very attractive, and will go along with the design of the condominiums themselves. Then we have also agreed to put that fence up also along Colonial Gardens. The other issues that were brought up at the Area Plan Commission meeting, and as you know, drainage gets addressed at the next stage of the game, but Mr. Jeffers did indicate that we would have to find a route to funnel water off of this property to, I believe it’s Crawford-Brandeis Ditch, but I could be incorrect about that. My client and Justin from Andy Easley’s office have looked into that. There are several options that we have at this point. Probably the most desirable is to convert an existing easement into a drainage easement. It’s access at this point, and contacts are beginning to be made with other neighbors to try and accommodate that drainage. As well as, Randy spoke with Mr. Jeffers the other day to try and kind of coordinate how that drainage would flow off. I believe the County Surveyor had some concern about any excess drainage on to abutting farm land, and we will certainly address that as need be. This zoning clearly meets the five criteria for a rezoning. The comprehensive plan does call for this area to be residential, as this zoning request is. The current conditions of the area, most desirable use of the area, conservation of surrounding property values, and responsible development and growth. All those criteria, we fit quite nicely into it. There are residences surrounding that this property will enhance that neighborhood. In addition, the other surrounding properties are agricultural, and we certainly will not do anything to impede their property values or use. We do have all the utilities available, this property infrastructure is in place, and it should be a wonderful development for this area. To have some single family condominiums with one car garage, have a lot of demand, hopefully, and build them up quickly. I would like to request that you approve this rezoning, and allow my client to get started.

President Crouch: Questions?

Commissioner Nix: It’s my understanding that you won’t be using Colonial Garden Road?

Krista Lockyear: That’s correct.

Commissioner Nix: Okay. How will you terminate that back in the back then? Will that lake just come on up, that retention pond just come over further and the road just not go back there?

Krista Lockyear: We will put up a fence that will actually block it.

Commissioner Nix: Okay.

Krista Lockyear: Now, the road itself–

Commissioner Nix: It’s green space now.

Krista Lockyear: Yeah, it is just green space on the end–

Commissioner Nix: It won’t be paved along the lake, along the retention pond then?

Krista Lockyear: No paving along the retention pond?

Justin Schoffstall: Just as far as that portion here for the parking and allowing this access for this building here at the rear.

Commissioner Nix: Yeah, this drawing that I’ve got shows paving goes on out to Colonial, that’s–

Krista Lockyear: You have, apparently, the original plan.

Commissioner Nix: Okay.

Krista Lockyear: That had been redesigned.

Commissioner Nix: Okay, I’m sorry.

Justin Schoffstall: (Inaudible) comments made by John Stoll–

Commissioner Nix: I never look at pretty pictures. I like drawings.

Justin Schoffstall: That was the original submitted January 10^th, the filing deadline.

Commissioner Nix: Okay, thank you.

Madelyn Grayson: Can you state your name for the record, sir?

Justin Schoffstall: Justin Schoffstall with Easley Engineering.

President Crouch: Any other questions?

Commissioner Nix: As far as the deceleration lane, is that something you all will participate in financially, if it’s required?

Krista Lockyear: Certainly. We’ll work with the county on that. I believe it would be, if it’s required, I think the county would require that we do the installation of that financially.

Commissioner Nix: But, you mentioned that, for now, in the start up of the project, that it’s not part of it–

Krista Lockyear: It’s not necessary.

Commissioner Nix: –but, as time goes on there could be a need, or, I guess, EUTS and the County Engineer would decide that at that time then?

Krista Lockyear: That’s correct. As each phase goes forward, and the construction plans are brought in, the number of trips that the new construction will develop will dictate whether it meets the warrants for the excel or decel lane. I believe the county’s position has always been that the developer that causes that need does participate financially in the addition.

Commissioner Nix: Okay, and you have no problem with that?

Krista Lockyear: No.

Commissioner Nix: Okay.

President Crouch: Any other questions? Thank you.

Krista Lockyear: Thank you.

President Crouch: Are there any remonstrators? Anyone that cares to speak, opposed to this rezoning?

Cathy Edrington: I just have a few comments. I live on Country Lane.

President Crouch: Can you state your name?

Cathy Edrington: Cathy Edrington. Sorry. I live on Country Lane. You know, the drawing we got, the original drawing had the two entrances, and, or two possible routes, whatever you want to call them. I did go over to Ivy Gardens, and unless I miscounted or didn’t understand the plan there, it looked like there were 18 buildings there. It looked like, I don’t know if they’re going to make them entrances or exits, but it looked like there were two access points. Whereas this place, you’re just going to have access to Burkhardt. As that area continues to develop, and that farm land continues to develop, it would seem like you might want to use the back as well as the front. You know, where I live, we actually have, I live in, like I say Country Lane, we actually have two and a half, depending on how you want to count it, ways in and out. It helps with the traffic flow. I mean, if you’re going to actually build 68 units, it would seem to me, it would make sense to eventually work on the back side as well as the front side. I guess, I sort of expect when you do the drawings you sort of have already been to the area and noticed, you know, if it was or wasn’t wide enough. You know, so–

President Crouch: Thank you.

Cathy Edrington: –I might have said all that at Area Plan, but I didn’t know they weren’t going to do it until I got to Area Plan. So, that’s why it wasn’t brought up then. Okay, thanks.

Commissioner Nix: Thank you.

President Crouch: Thank you. Would you care to respond?

Krista Lockyear: Sure. I guess, with some apologies that our initial designs did show access there, if Ivy Gardens, or Colonial Gardens had been wide enough to accommodate traffic. I think it, sure, it’s easy to go ahead and utilize given access points, but at the recommendation of John Stoll, we revisited that issue. We did have neighbors that live back there that said they were very concerned , I believe it was Weber, Mr. Weber or Mr. Whitner that visited at the reception we hosted on the east side lives there along Ivy, Colonial Gardens, and was very concerned that we would access that road, did not want additional traffic on that road. So, in, I guess, following the County Engineer’s recommendations, as well as the request of the individuals that live back there, we did redesign that. I think, I’m pretty sure, currently EUTS requests two entrance and exit point when there are 200 or more units proposed in a development. Clearly, we’re well under that number. Even that’s a request, it’s certainly not something that’s in our zoning ordinance at this point. So, I believe we’re well under the criteria to have two entrance and exit points.

President Crouch: Questions?

Justin Schoffstall: I did want to make one direct comment regarding the comparison to Ivy Gardens by Ms. Blessinger. Ivy Gardens, it went through site review as a two and a half acre site, there’s a total of two buildings on there. Directly across the street on Fulton Avenue is a Kenzi West, I mean, the Kenzi Apartments, and directly behind that is North Park Apartments. At that point, that’s the only thing where I could see that we’re getting close to an 18 building count. But, the development that Mr. Johnston has is merely a two building development, one ten unit building, and one eight unit building. As far as reference again with the access on to Fulton Avenue, there is plus 400 lineal feet of access on to Fulton Avenue. We have at that point allows us to have two curb cuts, which at that point was just simply two simple 24 foot wide throat widths access to Fulton Avenue.

Commissioner Musgrave: You may have said at the Area Plan hearing, but, if you would, refresh my memory, what’s the anticipated market value of each condominium?

Randy Johnston: $120,000 to $125,000.

Krista Lockyear: $120,000 to $125,000.

President Crouch: Any further questions? Motion?

Commissioner Musgrave: Move approval.

Commissioner Nix: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered. There being no further business–

Bev Behme: We need a roll call vote.

President Crouch: Oh, I’m sorry. Roll call vote. Commissioner Musgrave?

Commissioner Musgrave: Yes.

President Crouch: Commissioner Nix?

Commissioner Nix: Yes.

President Crouch: And I vote yes. There being no further business to come before this board, motion to adjourn?

Commissioner Musgrave: So moved.

Commissioner Nix: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered. Thank you.

Krista Lockyear: Thank you.

(The meeting was adjourned at 5:15 p.m.)

         Those in Attendance:

         Suzanne Crouch             Cheryl Musgrave            Bill Nix

         Bev Behme                     Kathryn Daniel                Madelyn Grayson

         Krista Lockyear               Justin Schoffstall            Cathy Edrington

         Randall Johnston            Others Unidentified         Members of Media

VANDERBURGH COUNTY

REZONING BOARD

Suzanne Crouch, President

Cheryl Musgrave, Vice President

Bill Nix, Member

Recorded and transcribed by Madelyn Grayson.