VANDERBURGH COUNTY

REZONING BOARD

MAY 16, 2006

The Vanderburgh County Rezoning Board met in session this 16^th day of May, 2006 at 4:30 p.m. in room 301 of the Civic Center Complex with President Cheryl Musgrave presiding.

President Musgrave: Call to order the Rezoning portion of the Commission agenda. I have today in front of me Bev Behme who will begin the meeting.

Bev Behme: Good afternoon, Commissioners. I think the first item is to approve the Rezoning minutes of April 18, 2006.

President Musgrave: Do I hear a motion?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

Bev Behme: We have no first readings. So, we’ll go directly to the final readings.

Bev Behme: I have a brief overview. If it be your pleasure, I would be glad to read that.

President Musgrave: Go ahead.

Bev Behme: The first zoning is VC-9-2006, 8200 Telephone Road. Porterfield Development is requesting to rezone the property located at 8200 Telephone Road from agricultural and R-1 to R-3. This is a 38.5 acre site on the north side of Telephone Road, adjacent west of the Warrick County line. This is a petition to rezone a part of Centerra Ridge Subdivision site, a proposed 211 lot residential subdivision on 77.8 acres. Centerra Ridge was approved by the Area Plan Commission at their meeting on April 14, 2006. A part of the proposed Centerra Ridge was rezoned from agricultural to R-1 by the County Commissioners on January 17, 2006. A portion of the R-1 site and an additional agriculturally zoned acreage is included in this request to rezone to R-3. The R-3 zoning classification allows 50 foot wide lots, allows 40 percent lot coverage, and minimum 20 foot rear and front yard set backs. R-1 and agricultural districts require a minimum of 60 foot wide lots, allow 30 percent lot coverage, and a minimum of 25 foot front and rear. This area is designated on the future land use map of the comprehensive plan as an area of residential development. This change in zoning to R-3 for this 38.5 acre site is consistent with the comprehensive plan. On May 11, 2006, Area Plan, by unanimous vote, recommended approval. I believe Mr. Shively is here representing Porterfield Development.

President Musgrave: Mr. Shively, would you like to make a presentation?

Les Shively: For the record, my name is Les Shively, representing Porterfield Development. I really don’t have anything to add to the staff field report, only to indicate that if you will recall, this property was proposed to be zoned commercial. We worked something out with the owners, and we came before you to get a little leeway to come back in less than 12 months. Let’s just say this will be appropriate buffering between the, over in Warrick County there’s some industrial uses, not right at the line, but close to it, and then we have the residential subdivision to the west, multi-family in the middle would be appropriate buffering and sort of a step up or step down, depending on which direction you’re going. So, we think it fits with our overall plan very well.

President Musgrave: Are there any remonstrators? I see none. Are there any questions from the Commissioners? Is there a motion?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: Your motion is for approval?

Commissioner Shetler: Yes.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

Les Shively: Thank you very much.

President Musgrave: Thank you.

Commissioner Nix: Thank you, Mr. Shively.

Madelyn Grayson: That’s an ordinance, it needs a roll call vote.

President Musgrave: Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: And I vote yes.

Bev Behme: The second item on the agenda is VC-10-2006, 6638 North St. Joseph Avenue. Mayse Farm Market is requesting to rezone a 1.9 acre part of their approximately 54 acre farm located at 6638 North St. Joseph Avenue, from agricultural to C-2 with a use and development commitment. This is a request to rezone to allow the re-establishment of Mayse Farm Market on this site. The Mayse market was destroyed by fire in December of 2005. Site review addressed compliance with all code requirements on March 20^th, when plans were submitted for the reconstruction of the farm market on the site. The Mayse’s have filed a petition for a variance to allow maintenance of the existing gravel drives and parking. The variance is scheduled to be heard by the Board of Zoning Appeals at their meeting on Thursday, May 18, 2006. Mayse Farm Market has obtained an improvement location permit to allow construction of a new 4,400 square foot market on the 1.9 acre site. The new market is limited to sales of on-site products and produce, only until the rezoning of the site to C-2 is approved. Commerical zoning is required to accommodate any additional use on the site. A use and development commitment is included with this zoning request, which eliminates many commercial uses typically allowed in this C-2 classification, allowing 18 uses identified by the applicant as possible future commercial activity on this site. The comprehensive plan, future land use maps designates this area as agricultural, and this is a request to allow change in zoning to C-2 with a use and development commitment for the 1.9 acre part of the Mayse Farm operation for the Mayse Farm Market. May 11, 2006, Area Plan Commission, by unanimous vote recommended approval. I believe Mr. Bohleber is here representing Mayse Market.

President Musgrave: Mr. Bohleber?

Steve Bohleber: Thank you, and good afternoon, Commissioners. I am Steve Bohleber, an attorney representing Paul and Sherrill Mayse, who are with me in the audience today and here to answer any of your questions. I have little to add to Ms. Behme’s report, maybe a little additional clarification for historic purposes. The Mayse’s have been at this site, doing what they’ve always done, since 1977. In fact, the family has owned this property for generations. But, since ‘77, they’ve operated Mayse Farm Market, and, I think, many people, if not all in the community, have been aware of it’s existence. The unfortunate fire on December 17^th put them out of business for awhile. In order to re-establish that business, because of changing laws and passage of time, they have been required to rezone the property now and seek a variance. They’re doing nothing more, when they re-open, than they were doing before, it’s just they now have to rezone it, because of the current situation. The use and development commitment was attempted, it attempts to fit their particular business needs and exclude everything else. It simply covers what they have been doing, and logically what they might include in the future, because they do sell some products that are not grown on site, but they’re all farm related, agricultural food type products. As Ms. Behme pointed out, this has already gone to site review, it’s been approved. It comes with a unanimous do pass recommendation from the Plan Commission. The support of the West Side Improvement Association was articulated at the last meeting, although not on the record. Mr. Padget is happy to see them re-open, as are everyone else. So, we do ask the Commission to adopt this ordinance and allow the Mayse’s to re-open in their former and future glory. They’re here to answer any questions. Thank you.

President Musgrave: Are there any remonstrators? Mr. Padget?

Fred Padget: I’m Fred Padget, and I’m here representing West Side Improvement Association. We did not testify at the Area Planning Commission. Mr. Bohleber, the attorney, told me that he had it under control, and, as usual, he did. So, we didn’t feel it necessary to testify, but I did want to take a minute just to tell you, and express to the Mayse’s, and go on record as saying we know they’ve been there quite a while, they’re a long time asset to the area. In fact, they’ve become somewhat of a landmark, and what we want to go on record as saying is should you Commissioners decide to approve this rezoning, we just wanted to wish them a long and successful future there. Thank you.

Commissioner Nix: Thank you, Mr. Padget.

President Musgrave: Are there any other remonstrators? I see none. Are there any questions from the Commissioners?

Commissioner Nix: Move approval.

Commissioner Shetler: I’ll second. It sounds to me as if a vote against this is a vote against Silver Queen car in the 1950's. You can’t hardly do that.

Steve Bohleber: Apple pie too.

Commissioner Shetler: Yeah.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: A roll call vote is necessary. Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: And I vote yes. I’ll be voting with my feet as well, because I am a customer of yours too.

Commissioner Nix: Yeah, I am too.

President Musgrave: I’ll see you at the store when it gets built. Good luck with your–

Steve Bohleber: Well, I went out to look around on Sunday, and they gave me some tomatoes too.

President Musgrave: We’ll all be out if that’s what we get for coming to see.

Commissioner Shetler: You didn’t call me.

Commissioner Nix: Please hurry and get that open.

President Musgrave: Are there any other rezoning matters to be brought before the board? Thank you, Ms. Behme, for the new format. I believe that this is quite informative, and went very smooth. Motion to adjourn?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

(The meeting was adjourned at 4:40 p.m.)

Those in Attendance:

Cheryl Musgrave                                Bill Nix                            Tom Shetler, Jr.

Ted C. Ziemer, Jr.                    Bev Behme                     Madelyn Grayson

Les Shively                                         Steve Bohleber               Others Unidentified

Members of Media

VANDERBURGH COUNTY

REZONING BOARD

Cheryl Musgrave, President

Bill Nix, Vice President

Tom Shetler, Jr., Member

Recorded and transcribed by Madelyn Grayson.