Vanderburgh County
Rezoning Board
May 21, 2001
 
The Rezoning meeting was called to
order at 7:25 p.m.
President Mosby: I want to call to
order Rezoning agenda for the Board of Commissioners for Vanderburgh County,
May 21st.
President Mosby: Uh, we need approval
of the minutes of the previous meeting.
Commissioner Fanello: So moved.
Commissioner Mourdock: I'll second
approval of the minutes of April 16th.
Madelyn Grayson: David, excuse me,
there were some minor scribbler errors that have not been completed yet
that I will make changes to tomorrow. I was gone this week.
President Mosby: Okay. I have a motion
and a second. So ordered.
President Mosby: First reading, VC-8-2001,
petitioner Stanley and Mary Kim Epperson, 13659 Highway 41 North, Evansville.
Request Agricultural and C-1 to C-4. VC-9-2001, petitioner Dan Buck Development,
800 Schutte Road, Evansville, Indiana. Request Agricultural to C-4 with
use and development commitment . VC-10-2001, petitioner Dan Buck Development,
800 and 906 Schutte Road, Evansville, Indiana. Request Agricultural to
R-3 with use and development commitment .
Commissioner Mourdock: Just for the
benefit of the audience, um, we do readings, or we do zonings in two readings,
a first reading and a second reading. Typically, the first reading comes
a month before the final reading. Is there anyone here to comment on any
of the three zonings that Commissioner Mosby just read? Seeing no one coming
forth on those three zonings, I will move approval on first reading of
VC-8-2001.
Commissioner Fanello: Second.
Commissioner Mourdock: I will move
approval on first reading of VC-9-2001, the Dan Buck Development on 800
Schutte Road.
Commissioner Fanello: Second.
Commissioner Mourdock: I will move
approval on first reading of VC-10-2001, Dan Buck Development, 800 and
906 Schutte Road.
Commissioner Fanello: Second.
President Mosby: I have a motion and
a second on VC-8, VC-9 and VC-10. So ordered.
President Mosby: We will now go to
Final Reading of zonings.
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VC-7-2001- Petitioner, Jerilyn
Buchanan- Final Reading
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President Mosby: First will be VC-7-2001,
petitioner Jerilyn Buchanan, 620 Kimber Lane, requests CO-2 to C-1.
Barbara Cunningham: Do you want me
to (Inaudible. Microphone not on).
President Mosby: I will just let him
present it.
Joe Harrison, Jr.: Hello, Commissioners.
President Mosby: Welcome.
Joe Harrison, Jr.: Joe Harrison, Jr.
here for this particular rezoning petition. Uh, this is, uh, an address
situated at 620 Kimber Lane, and the request is form CO-2 to C-1, and the
petitioner is Jerilyn R. Buchanan. Uh, as far as, uh, I am concerned I
don't know if I need to be sworn in or not.
President Mosby: We don't have...I
guess, we need to swear anybody in that intends to speak tonight, or anybody
in the audience that intends to speak if you would raise your right hand.
I do solemnly swear to tell the truth, the whole truth, and nothing but
the truth so help me God.
Joe Harrison, Jr.: Thank you. I do.
President Mosby: I'm not good at that.
I don't do that normally. Do I qualify for a Judge yet? No?
Joe Harrison, Jr.: This particular,
uh, rezoning was, uh, went to Area Plan Commission earlier this month and
was approved and, I believe, Barbara Cunningham has the numbers on that,
I think it was 8-0 and one abstention, but I don't know if that is correct.
Barbara Cunningham: Eight affirmative
and one abstention.
Joe Harrison, Jr.: This relates to,
uh, again an upgrade in the zoning from CO-2 to C-1. Ms. Buchanan's property
is situated between Columbia and Virginia Street just west of Burkhardt
Road. Currently Ms. Buchanan operates her realty business from this location
and she is seeking the rezoning change in order to operate a beauty salon
from that location. In 1998 Ms. Buchanan obtained a rezoning change for
her property from Ag to CO-2. The rezoning at that time also included a
use and development commitment. As part of that commitment, Ms. Buchanan
agreed to donate and dedicate to Vanderburgh County a 30' strip of right-of-way
for the future widening of Kimber Lane, and that was done several months
ago. This proposed zoning change is consistent with the comprehensive development
plan of Vanderburgh County, and if you have any other questions I would
be glad to answer them.
President Mosby: I don't have any.
Is there any remonstrators present on 620 Kimber Lane?
Commissioner Mourdock: Anyone to speak
against this one?
President Mosby: Seeing none. The
chair will entertain a motion.
Commissioner Fanello: Motion to approve
VC-7-2001.
Commissioner Mourdock: Second.
President Mosby: I have a motion and
a second. Commissioner Mourdock?
Commissioner Mourdock: Yes.
President Mosby: Commissioner Fanello?
Commissioner Fanello: Yes.
President Mosby: Commissioner Mosby,
aye. Being three ayes and no nays, VC-7-2001-
Joe Harrison, Jr.: Thank you.
President Mosby: -is hereby declared
adopted.
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VC-6-2001- Petitioner, Sharon
Working- Final Readings
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President Mosby: VC-6-2001, petitioner
Sharon Working, 7401 Telephone Road, request from Agricultural and M-1
to C-4. Ag and M-1 to C-4.
Keith Rounder: Good evening. I'm Keith
Rounder here for the petitioner Sharon Working. Pardon me. With me tonight
is Sharon Working, along with her son, Joe Working. They own and operate
Working Distributors. Also with me tonight is Jim Farny and David Ripple
from Bernardin Lochmueller who have been performing the engineering services
on the project, in the event that you have any questions that they can
address. This property which is shown on the drawing that I have placed
in front of the podium is approximately 106 acres on the far east side
of Evansville. It is just north of Highway 62, or Morgan Avenue, just to
the east of Highway 164, and just south of and adjoining Telephone Road.
The current zoning is Agricultural. It is surrounded by a mix of Agricultural,
Manufacturing, and, uh, Commercial. The Workings developed an interest
in this property when they became interested in moving their distributorship
so that they could construct a larger facility, and a newer facility. Something
that would be more in keeping with the demands of their business. They
elected, or Sharon Working that is elected, to enter into an option agreement
to purchase the entire 106 acres for the purpose of being able to not only
construct their own facility, but also have some control over the development
around them. At this point this went before the Area Plan Commission on
May 2nd. It was approved by a vote of 7-1, and what we would
like to get across tonight primarily, is how the development is going to
take place on this site. If you will look at the graph, or the map that
is attached to the petition, there are three phases of this development
all together. The first phase, I will just point this out, is this yellow
section (inaudible) Telephone Road (inaudible) of the property. That is
going to be where the Working Distributorship will be. It is not anticipated
that will be completed for about a year. Construction will probably not
start for nine months or so. So we don't anticipate any dirt being turned
out there for some time. After that is done, later than that, sometime
later, we will be developing phase two and that is the green area down
here by Morgan Avenue. That will be a bit heavier commercial, um, and then
phase three which will be the last portion to be developed will be this
area up here in the peach or light tan area, and this strawberry colored
area up here. We are anticipating...and the traffic study has now come
out, it came out Friday, and it verifies that, um, we will have a certain
amount of traffic on Telephone Road during the construction, not, uh, a
substantial amount at all. The engineer who has done the traffic study
has concluded that Telephone Road is adequate to, uh, to deal with that
traffic provided that there is a right turn lane constructed, putting entrance
on Telephone Road. It is not anticipated that any development will take
place in phase two until well after the entrance along Highway 62 has been
constructed. David Ripple can speak to somewhat greater clarity about that
in the event that you have any questions. Um, we...primarily we are concerned
at the outset with the, with the interest and concerns, uh, and, uh, impact
this would have on the adjoining residences. So, we organized a meeting
with them to try and determine what their concerns were. Not long after
that, we entered into a use and development commitment, which I presume
is part of your packet, and which deals with such things as a traffic impact
study, which we agreed to abide by. There will be no billboards. There
are restrictions upon uses for the entire development, and then we have
created a buffer zone which is this entire strawberry area plus these two
lines as well. Those are designated lighter commercial, in other words,
there are certain uses that we have agreed not to put on there under any
circumstances. After the use and development commitment was filed, we had
another meeting with the neighbors, and it was brought to our attention
that there were some additional concerns regarding the buffer zone, and
regarding other uses that they would like not to see in that buffer area,
and so we sent out a draft of restrictive covenants to the residents, we
solicited their comments, we've come up with a final draft. This came up
in the Area Plan meeting, Mr. Mourdock asked that we prepare a covenant
which would be enforceable by the residents as to those, uh, issues the
buffer zone and, uh, the additional uses. I have a set of restrictive covenants
that we intend to file with the Platt whenever the Platt is approved. I
would like to submit those to you for your review. Mr. Mourdock, I think
that you will find that the revision that we discussed in the Area Plan
meeting is about paragraph 26, on page 17 in which we provided anyone who
lives or who owns property within a radius of one mile of the site to be
able to enforce those restrictions as to the buffer zone and to the additional
restrictions in the buffer area or the buffer lots. Uh, I would like to
emphasize again that we have tried our best to deal with the concerns of
the residents. We understand that this has been Agricultural land a long
time. The Workings are committed to a development which they will be proud
of and which the county will be proud of. I would also like to ask you
to consider that the Workings have been very good corporate citizens throughout
their business tenure in Evansville, and want to continue to be and, uh,
we believe that, uh, they will have a ,uh, development that, uh, you will
be very happy with and that will be a credit to the county. With that I
will answer any questions or direct any to the engineers that who are here
in the event that they are more appropriate for them.
Commissioner Mourdock: I just have
a question again regarding traffic, Keith. I will say what I think to be
true, and you tell me if this is correct. Under the construction phase,
all of your traffic will be entering off of Telephone Road?
Keith Rounder: Under phase one?
Commissioner Mourdock: Yes.
Keith Rounder: Yes. Under the construction
of the Working Distributorship that is true.
Commissioner Mourdock: Okay, and the
construction phase of the Working, the area in light yellow, once that
is complete, and assuming that the state has still not gotten everything
done, that State Route 62, whatever commercial traffic you have, obviously,
would be going on Telephone Road then at that point as well?
Keith Rounder: Well, conceivably it
would be, although, I think, the traffic impact study and, David, you can
address this.
David Ripple: I'm David Ripple with
Bernardin Lochmueller. Under the use and development agreement there is
a sentence in there that says basically you have to abide by the recommendations
of the traffic study. The traffic study was submitted this past week to,
not only to Barbara Cunningham, but Evansville Transportation Study and,
uh, County Engineer's in both Vanderburgh and Warrick. The bottom line
ends up being that the traffic impact study and it's recommendations establishes
a cap in terms of the number of trips that may be generated for phase one
of the development. So, as site development plans are approved, you would
check off as you move towards that particular cap. Once the cap is reached,
then the traffic study would have to be redone, or the project delayed
in terms of time until that second entrance is provided out to Morgan Avenue.
So there is a cap such that, uh, on the number of trips that can be generated
by the development out Telephone Road relative to the first phase of the
project.
Commissioner Mourdock: That begs the
question, how are you going to count those? Are you going to put a wire
counter out there to do that? I mean, how formal of, uh, a stipulation,
I guess, is that?
David Ripple: How formal is it? Typical
thing that is done is that we use trip generation rates out of a national
wide trip generation (inaudible) based on the amount of development that
is there, that many trips are generated-
Commissioner Mourdock: So it is from
modeling? It is not an actual count?
David Ripple: If there was...it could
be. If there was a concern that at each point that we need to verify the
trips, certainly as you get towards the cap then, certainly, an actual
traffic count would be warranted to be made.
Commissioner Mourdock: Just from my
background, what, again, is the time table on the State Road 62 entrance?
David Ripple: My understanding when
I met with the state back on April 3rd, they checked the, uh,
schedule for letting for State Road 62 in this particular vicinity and
it was still scheduled for letting for September of this year.
Commissioner Mourdock: Okay.
David Ripple: So that means that there
is at least a couple of years off, and, uh, before the road would be opened
to traffic. We have identified here within our traffic assumptions to that,
uh, more than likely that phase two would not be fully completed until
the year 2006, so we have some latitude in terms of timing of the development
of the site. Certainly what comes key into play into phase two is not only
is State Road 62 reconstructed to the four lane facility, but also at that
point and time Lynch Road will have been extended from it's new interchange
with Interstate 164 over to Morgan Avenue, likewise, and that will divert
traffic from Telephone Road and some traffic also from Morgan Avenue.
President Mosby: Any other questions?
Commissioner Fanello: Is our County
Engineer in here? John?
President Mosby: Give him a second.
Commissioner Fanello: Oh, there he
is. Barbara, did you review the traffic study? Do you have any comments
that you wanted to make?
John Stoll: I just got it Friday,
and I have just skimmed through it, so-
Commissioner Fanello: You haven't
had a chance-
John Stoll: -I don't have any-
Commissioner Fanello: Comments.
John Stoll: -detailed comments on
it at this point.
David Ripple: What I might add that
the traffic study is a draft report now, and if any of the agencies determine
that additional improvements over and above those that are identified,
then those will be added as their recommendations. So, it will be no less
than what the recommendations are today, and could be more if the review
agencies determine that the additional improvements are needed.
President Mosby: Are there any other
questions of their engineer? You're fine. Are there any remonstrators?
Anybody that wants to speak against petition VC-6-2001? Seeing none.
Commissioner Fanello: Motion to approve
VC-6-2001.
Commissioner Mourdock: Second.
President Mosby: I have a motion and
a second, uh, Commissioner Mourdock?
Commissioner Mourdock: Yes.
President Mosby: Commissioner Fanello?
Commissioner Fanello: Yes.
President Mosby: Commissioner Mosby,
aye. There being three ayes and no nays, petition VC-6-2001 is now adopted.
Any other business to come before the Commission for zonings?
Commissioner Mourdock: I will move
that we adjourn from zonings.
President Mosby: A motion and...I'll
second...a motion and a second so ordered.
The Rezoning meeting was adjourned
at 7:42 p.m.
Those in Attendance:
David W. Mosby
Catherine Fanello
Richard E. Mourdock
Philip Hayes
Barbara Cunningham
Madelyn Grayson
Joseph Harrison, Jr.
Keith Rounder
David Ripple
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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