VANDERBURGH COUNTY

REZONING BOARD

MAY 19, 2003

The Vanderburgh County Rezoning Board met in session this 19^th day of May, 2003 during the regular Vanderburgh County Commissioner meeting. The rezoning petitions were heard beginning at 6:46 p.m. in Room 307 of the Civic Center Complex with President David Mosby presiding.

President Mosby: Which brings us to Rezonings. We will just continue right on, since we only have one.

President Mosby: Rezonings for May 19, 2003 we have no first readings. Final reading includes VC-9-2003, petitioner, Pete Mc Cullough, 2750 Allens Lane. The request is to down zone from change C-4 to C-2 with use and development.

Tom Bodkin: Tom Bodkin, 100 Water Street, Newburgh. Also counsel for the petitioner. My office is here in Evansville. As you know this is a down zoning from C-4 to C-2. Down here on the floor is a big map, and I’ll try to hold it as I talk. As you can see this is a parcel of ground located between Allens Lane and Mesker Park. Basically it’s on the south side of Allens, about halfway between those two areas. Let’s step around and do it this way.

President Mosby: Sure.

Tom Bodkin: Let’s see if it works. The area in green, where the buildings are at is not in the flood plain. The area in green here basically is flood plain, and the area in the white with the trees is flood way. There will be no construction in the flood way, very little, if any, in the flood plain, at least with these stages. In order to build in the flood plain, the client would have to fill it, and that would require us to deal with the drainage people anyway. Now the buildings, as you can see here, are going to be residential structures. They are going to be very, very similar to what Pete has built here in West Creek just across Locust Creek. Those units have been highly successful. They are full. They have a waiting list for them, and that’s great, and we want to build this in order to utilize that same structure and approach for the folks who live in West Creek. This will be an adult community. No children. The area here, kind of in the center at the top is a community center where we hope to have food service available for the residents who live there. Perhaps some other kind of amenities they would utilize. That’s the reason from going, partly, from C-4 to C-2. We’ll be bringing water and sewer to the location. Not a problem with that. You have in your material a use and development commitment that we have proposed, which would not only, not only are we going from a C-4 to a C-2, but we’re also limiting them to a number of the C-2 uses that would otherwise be permitted on this site. We’ve worked with the County Highway Department with regard, County Engineer with regard to ingress and egress..that’s, worked with him. Again, water and sewer will be brought there. We’re working with the city utility department with regard to where a lift station has to go. That will have to go in that area somewhere as well. It’s a good development. I can tell you that at the Planning Commission, Fred Padgett of the West Side Improvement Association was there, and spoke in favor of the project. Ms. Crouch was there, and can confirm that. He would have been here tonight, but he’s, I think, involved with something else, somewhere else, but did indicate we could tell you they have no objection to the proposal. In fact, he did stand up in favor of it. The Plan Commission has proposed it to you. What 10-0-1, unanimously accepted. The Commissioner correctly held her vote, because she gets to vote tonight. Pete McCullough’s here with me, if you have questions specific to the project. Pete would be glad to answer them for you. We think this is an excellent down zoning. Going from a heavy C-4 to a much lighter C-2, with predominant residential use. It lets us make use of some land that, a big chunk of which is in the flood way, and therefore we protect that flood way with a fairly light residential use. We would ask that you pass the ordinance. If you have questions, I will try to answer them. Again, Pete is here, he’ll be glad to answer any you may have as well.

President Mosby: Questions by any member of the Commission?

Commissioner Fanello: I would just say, for the record, what Tom just said about the West Side Improvement, I did receive an e-mail from them.

Tom Bodkin: Ah, yes, Fred said he was going to do that.

President Mosby: I read it in the Area Plan minutes, so, I knew it was in there. I guess, the only question I’m going to ask John or I can see it, do we have excel/decel lanes on here? I mean, I see the little indentations. It don’t look like there is very much there.

John Stoll: Yeah, they’re–

Tom Bodkin: I’m sorry, John. Am I blocking you?

John Stoll: That’s okay.

Tom Bodkin: I wouldn’t want to do that.

John Stoll: I just want to hold it so that Madelyn can hear. The decel lanes are shown. When it comes to site review, we can make sure it meets all the applicable length standards. But, no final site plan has been approved as of yet. So, we can get that taken care of.

President Mosby: They’ll for sure have them though, right? I mean–

John Stoll: I was going to say, I don’t remember what the total lot count, I mean the total unit count is, but–

Tom Bodkin: There’s 29 buildings with four units per building. I think (Inaudible) units. The total units is 188.

John Stoll: The EUTS manual calls for right turn lanes based on 30 peak hour turns. I would suspect that this would meet it. So, chances are, yes, it would meet the warrant for it, and we would be requesting that. Which, since it’s shown on their overall concept drawing, it shouldn’t be a problem to make sure we get it the correct length.

President Mosby: Okay. I guess, my only other question, what are these structures made of? I’ll let–

Tom Bodkin: I’ll let him describe them (Inaudible) the guy that’s going to be building (Inaudible).

President Mosby: I’m only saying that, because everybody keeps saying they’re pole barns.

Pete Mc Cullough: They are post frame. Pete McCullough. They are post frame, Mr. Mosby. They, there’s actually, for the state of Indiana, they are approved for such, of course, they had to be, otherwise Roger Lehman would not have allowed them. Actually, that’s kind of the business I’m in. If you were to look at a standard construction, much the same as any of you all’s home, typically you have concrete block with anchor bolt every six foot on center. If anyone here has ever had a reason, Bill Fluty might have, to take a back hoe and pull up a plate, you’ll only pull up about one and a half block that will connect to that plate. This here we have posts in the ground every eight foot on center, and in other places more, four foot anchored in concrete. Typically, buildings in this part of the country are subject to uplift and wind. So, we by far exceed the standard for that. The word pole barn gets a bad connotation because most people have an 80 by 100 with 20 foot sidewalls and big doors sitting out in the middle of a big field with no interior walls. They run real light loads, so they are subject to wind side loading. But, that’s not our problem. Did that answer your question?

President Mosby: Yeah.

Pete McCullough: It’s not a pole barn, David.

President Mosby: I kept hearing that phrase, and I’m like, the Building Commissioner won’t let them do that. So, is there any other questions? Is there anybody in the audience that would like to speak? Seeing none. The chair would entertain a motion.

Commissioner Fanello: Motion to approve VC-09-2003, request C-4 change to C-2 with use and development commitment.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second. This requires a roll call. Commissioner Crouch?

Commissioner Crouch: Yes.

President Mosby: Commissioner Fanello?

Commissioner Fanello: Yes.

President Mosby: Commissioner Mosby, yes. We have three yes’, no nays.

Tom Bodkin: Thank you ladies and gentleman.

President Mosby: Petition VC-09-2003 is hereby declared adopted. Any other business to come before the Commission?

Commissioner Fanello: Motion to adjourn.

Commissioner Crouch: Second.

President Mosby: Seeing none. We have a motion and a second. So ordered

The meeting was adjourned at 6:54 p.m.

CONSENT ITEMS:

         Travel Requests:

         Perry Assessor               Health Department         County Engineer

         County Highway             SWCD

         Employment Changes:

         Circuit Court                   Co-Op Extension            Health Department

         Burdette Park                 Sheriff Department         County Clerk

         PTABOA 

         Request for Service: Superior Court: Small Claims.

         Sheriff: Request for Vehicle Purchase.

         Commissioners: Room lease at the Centre.

         Those in Attendance:

         David W. Mosby             Catherine Fanello           Suzanne M. Crouch

         Kevin Winternheimer      Bill Fluty                          Tammy McKinney

         Madelyn Grayson           Phil Lawrence                 Sherman Greer

         Mary Jo Borowiecki        Les Shively                     Eric Williams

         David Coker                    Jim Farney                      John Stoll

         Mike Madriaga                Dennis Hudnall               Steve Craig

         Mike Wathen                  Tom Bodkin                    Pete McCullough

         Others Unidentified         Members of Media

         VANDERBURGH COUNTY

         BOARD OF COMMISSIONERS

         David W. Mosby, President

         Catherine Fanello, Vice President

         Suzanne M. Crouch, Member

         Recorded and transcribed by Madelyn Grayson.