VANDERBURGH COUNTY

REZONING BOARD

MAY 15, 2007

The Vanderburgh Drainage Board met in session this 15^th day of May, 2007 at 3:59 p.m. in room 301 of the Civic Center Complex with President Cheryl Musgrave presiding.

Bev Behme: Good afternoon.

President Musgrave: Good afternoon. We will open the rezoning portion of this meeting.

President Musgrave: Is there a motion to approve the minutes of the last meeting?

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

Bev Behme: We have three, I’m sorry, two final readings. 2007-13-PC, VC-5-2007, 3820 North St. Joe Avenue. Hardee and Gregory Glisson are requesting a change in zoning from agricultural to M3 for a portion of their property located at 3820 North St. Joe Avenue. This is a 3.1 acre site located west of St. Joe Avenue between Allen’s Lane and Mill Road. This site is currently occupied by a commercial salvage business. The existing Glisson salvage business has a gated storage area interior to the property. Existing access for customers, employees and service vehicles is available on St. Joe Avenue. No new access is required, and none shall be permitted. In November 2006, the Glisson’s submitted site plans for review by site review committee for an addition to one of the commercial buildings on the Glisson salvage site at 3820 North St. Joe Avenue. The Glisson’s were notified by staff of the need to rezone and obtain special use number nine approval for this 3.1 acre expansion area to bring their site into compliance with zoning code requirements. Prior to any further construction and/or additions to the salvage site. This is a request to change the zoning to allow the storage and salvage of vehicles and expansion of the existing use. The original ten acre Glisson salvage site was rezoned to M1 and was granted special use approval in 1984 for the operation of the Glisson salvage yard on the site. In 1985 the ten acres adjacent south of the Glisson site was rezoned to M1 and was granted special use approval to bring the existing triple A salvage operation into compliance. This is a request to add a 3.1 acre triangular parcel adjacent west of the two salvage yards to M3 for an expansion of the Glisson salvage site. Total Glisson site will be 13.1 acres. Approval of special use nine by the Board of Zoning Appeals is required in addition to the approval of the rezoning. The comprehensive plan future land use map indicates that the east side of St. Joe Avenue at this location is projected to be predominantly industrial, while the west side of St. Joe Avenue is a mix of industrial, commercial, park and residential. This site is located on the west side of St. Joseph Avenue in an area of very mixed zonings and uses. Another salvage yard is adjacent south to the Glisson site. The area immediately adjacent to the north is agricultural and residential. Motoux Park is northwest of the site. Locust Creek forms a natural barrier along the western property line. The M3 heavy industrial classification allows many uses which are inappropriate adjacent to residential districts. If this site is approved for industrial, setbacks must be provided and maintained for protection of any adjacent non-industrial development. Any industrial use adjacent to residential must maintain a minimum 20 foot open and unobstructed grass buffer. An eight foot opaque fence is required to screen all salvage vehicles from public view. Area Plan Commission on May 10, 2007 recommended approval with seven affirmative votes and one abstention.

President Musgrave: Thank you. We ask for the petitioner representative, Mr. Les Shively, to come forward.

Les Shively: Madam President, members of the Board of Commissioners, I’m representing the Glisson’s in this request. I really don’t have anything to add to the staff field report, it’s very comprehensive. I just would bring to your attention that this pie-shaped, or triangular shaped piece of property will, basically, run along the eastern border, along both salvage yards, the triple A, which is a competitor, and the Glisson facility. As I think Bev pointed out, the creek makes the natural barrier, we won’t go beyond the creek. We’re not going to be asking for any variances. We’re going to, you know, we’ll respect all of the required setbacks. The fence, I think the fence is already in place, even though, you know, it’s not rezoned, but, in fact, the opaque fence is already in place. Again, this is just kind of the tail end of what’s already there. More than happy to answer any questions you have about this request. As Beverly told you, the vote before the Plan Commission, the recommendation was seven in favor with one abstention.

President Musgrave: Thank you. Are there any remonstrators? Please come forward, sir, and state your name and address for the record.

Joe Titzer: My name is Joe Titzer. I live at 3900 and 3906 St. Joe Avenue. My problem with this zoning is they’re going to need electric going all the way to the back to this other addition. It wasn’t too long ago they built a building right along the front there, and there’s supposed to be a four foot, can you imagine a four foot zone barrier, buffer zone barrier all along my side of, you know, next to me? I think they have the idea of running the electric all the way back to the back and across. But, anyway, since the barrier is there between me and their property, ever since they’ve had that place there, I have been mowing that barrier, the rezoning buffer zoning there. And it’s, in fact, I have a copy here if I could, could I show it to you? This is my property, oh, I’m sorry. This is my property here, and this is the Glisson’s. Here is the easement.

Commissioner Nix: Mr. Shively?

President Musgrave: Mr. Shively, would you like to come up here?

Les Shively: I’ve already seen it. He owns it. He owns it. We gave it to him when we did the first rezoning. He owns it. I don’t know what he’s–

President Musgrave: Just go ahead.

Joe Titzer: See the property, this is my property here, and this is Glisson’s. This is St. Joe Avenue. This is an easement for a guy wire, and that’s the only easement they’ve got there.

Les Shively: But, that’s not affecting this subject, that’s not on the subject property. It’s not on the property we’re rezoning.

Joe Titzer: Yes, but–

President Musgrave: In your rebuttal you can show us where he’s referring to, and the buffer zoning you’re referring to. (Inaudible).

Les Shively: I’ll do the best I can.

Commissioner Nix: Sir, what’s the concern with this? You say you’ve been mowing, is it something they should mow?

Joe Titzer: Well, yes, you see that’s a quarter of a mile lane.

Commissioner Nix: Okay.

Joe Titzer: The electric company has the easement here on my property.

Commissioner Nix: Utility easement, sure.

Joe Titzer: That’s where the poles are, as far as here. Then they, when they built this other building, they did not get an easement to put the poles in there.

Commissioner Nix: Who put the poles in? Was that Glisson? Or was that the utility company?

Joe Titzer: Well, the utility company put the poles in. They came in there, and I have two poles (Inaudible) personal property put in there to bring the cable line into my house and the telephone line.

Commissioner Nix: Okay. This isn’t addressing this rezoning though, correct? Is that what you’re telling me? Is that what you’re saying, Mr. Shively?

Les Shively: Right. It’s my understanding that this is on the property that is already zoned M1 with a special use. When that one pole was set back then, there was an accommodation made, in fact, some additional, a little strip of land was deeded to Mr. Titzer back then. As he’s described those other utility facilities, they’re there to serve his property. I didn’t really have anything to do with putting those in.

Joe Titzer: There was a buffer zone, a four foot buffer zone there.

Les Shively: I’ll take your word for it.

Commissioner Nix: It’s not dedicated, as far as you know, not a designated utility easement?

Joe Titzer: The buffer zone is on their side of this line.

Commissioner Nix: Okay.

Joe Titzer: When they had the zoning variance on that, they was arguing about who was going to mow that. I said, “Well, you know, they give a buffer zone, I’ll mow back here anyhow. So, I’ll go ahead and mow it.” But, now they come in here and they pulled out my two poles and put in taller ones and hung their transformers to feed Glisson’s, and that’s all on my property. See, it’s on this–

Commissioner Nix: This sounds like an issue that needs to be taken up with the utility company then.

Les Shively: I guess.

Joe Titzer: Well–

Les Shively: I think–

President Musgrave: We can’t resolve it here.

Commissioner Nix: No, there’s nothing we can do.

Joe Titzer: The only thing that I have any, I’m not worried about them poles that’s on there already, I’m worrying about if they put some on that buffer zone.

President Musgrave: Okay. I’ll give you an opportunity to state that on the record.

Joe Titzer: Okay.

President Musgrave: Anything else?

Joe Titzer: Well, that’s all that concerns me is that I don’t want them poles.

Commissioner Nix: You may want to contact the utility company to see if they can present you with an easement before they place those poles.

Joe Titzer: I don’t want an easement.

Commissioner Nix: Okay.

Joe Titzer: It’s not for me, it’s for Glisson’s.

Commissioner Nix: Okay. Thank you.

President Musgrave: Thank you, sir. At this point in our agenda, is where I call for questions from the Commissioners? Are there any questions?

Commissioner Nix: I have none.

President Musgrave: A summation from Mr. Shively. If you could please–

Les Shively: Briefly, I wasn’t involved in the earlier rezoning. Mr. Curt John handled that, I understand. So, maybe he has more knowledge of what took place back then. It’s my understanding that the issue of how it was going to get mowed when the utility pole was placed would, can create, if they don’t use the proper setbacks, can be a little bit of a hassle. I think what they ended up doing was deeding him that strip so he could control it and mow it and not have any problem, it wouldn’t affect his land. So, that’s what Mr. Glisson informed me. But, as far as the area here, we’re not going to set any new utility poles. So, we’re not going to have an issue like that occur in this particular case. But, if there are some particular concerns with regard to what’s existing out there, I would suggest that he talk to, Mr. Hardee Glisson is not there, but his son, Zach, is on site all the time. I suggest he contact Zach there at the office and maybe somebody from Vectren can come out and they can figure out what’s going on. But, this is not on the property we’re trying to rezone. This is on the property that was already zoned and has a special use. One thing I did want to tell the Commissioners, we understand that we have to get the special use. We have not filed that application. We thought it would be somewhat presumptuous to do so until you took final action. So, but we understand we have to do that, and will do that.

President Musgrave: So, basically, this land is already being used for the purpose for which you’re seeking the rezoning? It’s perhaps an oversight–

Les Shively: It was an oversight. What happened, there were two parcels, obviously adjacent that were acquired along about the same time shortly there after the rezoning was done. But, the rezoning didn’t pick up the triangle, and this was brought, the staff picked this up when, I guess, they came over to the Plan, or they came to site review, they were going to put a building out there, and they said, “Wait a second, we don’t show that it was ever rezoned.” That’s how it came to light.

President Musgrave: Alright, they will be putting a building on this triangular shape?

Les Shively: Actually, they’re probably not going to put a building now. They’ve decided to do something a little different on the area already rezoned. But, they are going to do everything else that I represented to you, the opaque fencing, which I think is already in place, because again, they thought that was part of the original deal. In fact, they are improving, putting a new fence up is my understanding. There’s no building planned at this time.

President Musgrave: Alright, and the property that this gentleman is talking about abuts to the north, on the north line?

Les Shively: Yes, Ma’am.

President Musgrave: And he’s talking about the area closest to St. Joseph?

Les Shively: Right.

President Musgrave: And this parcel is half a mile away at the creek?

Les Shively: Right. A good distance. As I walked back there on a day quite like today, and it’s a good distance back there from St. Joe Avenue, I’ll guarantee you.

President Musgrave: Alright.

Commissioner Tornatta: I would like to make a motion to approve, with the caveat that your client make due diligence just to address some issue with Mr. Titzer–

Les Shively: Sure.

Commissioner Tornatta: –and then see if we can’t come to a happy little compromise–

Les Shively: Sure.

Commissioner Tornatta: –and be done with that. So, I would make a positive motion.

Ted C. Ziemer, Jr.: I don’t think we can make the approval of the zoning conditional. You approve the zoning or not. You can ask Mr. Shively to do that–

Commissioner Tornatta: Okay.

Ted C. Ziemer, Jr.: –but I don’t think you can make it a condition of the rezoning.

Commissioner Tornatta: Okay, I would like to ask you to do that, but I’m going to approve the petition.

Les Shively: Thank you.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

Les Shively: Thank you very much.

President Musgrave: That would be Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Musgrave: And I vote yes.

President Musgrave: We move now to 14101 Big Cynthiana Road.

Bev Behme: 2007-15-PC, VC-6-2007, 14101 Big Cynthiana Road. Scott Straub is requesting a change in zoning from agricultural to C-4 for the property located at 14101 Big Cynthiana Road. This is a 4.9 acre site located on the east side of Big Cynthiana Road just south of Armstrong Road. This is a use and development commitment that is included as part of this rezoning request, which limits uses of the site to retail, wholesale and commercial lawn and garden center. Sales and rental and service of lawn mowers, lawn tractors, tractors and all types of outdoor power equipment, and all parts, supplies and equipment incidental thereto. A copy of the commitment is included with the staff field report. Many uses permitted with a C-4 district have the potential to generate significant traffic. The conceptual site plan submitted with this rezoning request indicates a new commercial access is planned on to Highway 65 towards the south end of the site. Sufficient on-site circulation must be provided to accommodate trucks and vehicles with trailers. Site review will address compliance with all code requirements upon submission of plans for the development of the site for the proposed lawn mower, lawn and garden center and related sales and service. Parking and access drives for commercial use must be paved and installed to commercial standards. INDOT approval will be required for State Road 65 access for this site. Information submitted by Mr. Straub indicates that electric and German Township water are available to this site. This area is served by septic systems. Due to the absence of sewers and other infrastructure, a comprehensive plan future land use map designates this area as agricultural and undeveloped, including scattered residences. Surrounding area is completely agricultural and residential, with the exception of a small M2 zoned shop located immediately north of this site. Area Plan Commission on May 10, 2007 recommended approval with seven affirmative votes and one abstention.

President Musgrave: Thank you. Mr. Bob Rheinlander is the attorney for the petitioner.

Bob Rheinlander: Good afternoon, Madam Chairman, Commissioners. I represent Mr. Straub who is the petitioner in this matter. They presently have a business several miles to the north, up by the Moto Mart, Straub Service, and they’ve flat outgrown that in the last few years. In fact, when the trucks come in there’s hardly room for the customers. So, they have a good problem, but they’ve got growing pains. The traffic situation, basically, Mr. Straub estimated in his peak season he runs like about 35 vehicles a day. If he tripled his business that would be 100 plus vehicles a day, not a whole lot of traffic. The use is, I would suggest, is entirely consistent with the area, rural and agricultural, the lawn and garden and that type of thing. So, I don’t have a whole lot more to add. I would be available for questions.

President Musgrave: Are there any remonstrators for this petition? I see none. Are there any questions from the Commissioners? Do you have any further remarks to make, Mr. Rheinlander?

Bob Rheinlander: No, Ma’am.

President Musgrave: Is there a motion?

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Musgrave: And I vote yes. Show the motion as approved. Unless there’s any further business to come before the rezoning–

Commissioner Nix: Motion to adjourn.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. Thank you.

(The meeting was adjourned at 4:20 p.m.)

Those in Attendance:

Cheryl Musgrave                      Bill Nix                                      Troy Tornatta

Bev Behme                               Madelyn Grayson                     Les Shively

Joe Titzer                                  Bob Rheinlander                       Others Unidentified

Members of Media

VANDERBURGH COUNTY

REZONING BOARD

Cheryl A.W. Musgrave, President

Bill Nix, Vice President

Troy Tornatta, Member

(Recorded and transcribed by Madelyn Grayson.)