VANDERBURGH COUNTY

REZONING BOARD

NOVEMBER 17, 2003

The Vanderburgh County Rezoning Board met in session this 17^th day of November, 2003 at 6:22 p.m. in Room 307 of the Civic Center Complex with President David Mosby presiding. The rezoning petitions were heard during the course of the regular weekly Commission meeting.

President Mosby: That brings us to zonings.

President Mosby: We have one first reading, VC-1-2004, petitioner, Robert E. Zoss, Sr., 5500 Oak Hill Road, change from R-1 to CO-2.

Commissioner Crouch: Motion to approve VC-1-2004 on first reading.

President Mosby: Second, and so ordered.

President Mosby: Final reading we have one zoning, VC-16-2003, petitioner, Louis M. Zeller III and Cynthia B. Zeller, 9301 Cynthiana Road, change from agricultural to C-4.

Les Shively: Mr. President, and members of the Board of Commissioners I’m Les Shively representing the petitioners. First, before we get started, do we have the file from the Plan Commission here?

President Mosby: Do we have a what?

Les Shively: The file. There were some exhibits and such that are in that file.

President Mosby: We will have to–

Madelyn Grayson: Do you want me to go get Bev?

President Mosby: Yeah, see, Bev came in a while ago, but she didn’t leave anything.

Les Shively: In the interest of time, I will go, there are some photographs in there that I think might be helpful.

President Mosby: Okay.

Commissioner Crouch: Do you have what we have?

Les Shively: I have that, there are...in addition to the GIS photos, Commissioner Crouch, there are also some still photos of the subject area that I thought might be helpful. Again, my name is Les Shively representing the petitioner. You may know the petitioner better by the name of Zip. Zip is well known by farmers and business people on the northwest side of Vanderburgh County. He has a business out there, and that’s why we’re here this evening. He’s been out there for 11 years, it’s adjacent to where he lives. What he started out ,many years ago, repairing farm machinery. It’s imperative that in his line of work that he be in a location where his clients and customers are. If a customer, if a farmer is down the field, he has ready access to them, and this is located near where most of the farming activity in our county takes place. A substantial part of what Zip does is off-site, and, in fact, if you will look at the aerial photos, you will see his operation is set back quite a bit from the roadway. In a moment here, Ms. Behme will pass to you still photographs which will show from Highway 65 you can’t even see the business. We’ve also entered into a use and development commitment that if this rezoning is approved, this rezoning would be subject to limiting to Zip’s business, as it is, and limiting it to the particular area described on the legal description. He will have to abide by all of the requirements. That is he will have to have no outside storage, everything will have to be enclosed and put in the screening and fencing. The vote at the Plan Commission meeting on the 5^th, we had 11 votes in favor of this, and we have also part of the record (Inaudible) consents that have been filed by adjacent landowners to the subject request. Also present this evening is at least one other landowner that lives just down the road and adjacent to the Zeller property. We also had Mr. Mike Thomas who spoke in favor of this at quite length at the Plan Commission meeting. Just as a note of information, if you know where Fehrenbacher Cabinet Company and Fehrenbacher Wood Specialties is located, those are two rezonings that I did back in the 80's, and we faced some of the same issues back then of having a business that had been there on the west side for a number of years, and making sure that it fit within the area. There are some still photographs, I believe Beverly has given you that shows the Fehrenbacher operation, and this is less than a quarter mile, that is Fehrenbacher is less than a quarter mile southwest of the subject property. Again, this did receive a favorable recommendation from the Plan Commission, and Mr. and Mrs. Zeller are here this evening, as well as one of the neighbors. I just speak in favor of this request. I would be more than happy to answer any questions you would have at this time.

President Mosby: Les, I don’t recall getting the use and development commitment.

Les Shively: Oh, it should be attached to your staff report.

President Mosby: I don’t see it. I don’t know why. Anyhow, I’m just going to take your word for it, you said that this is the only thing that it can be used for.

Les Shively: Right, exactly, in fact, the use and development states that all other C-4 uses are expressly prohibited, except to allow him to continue his repair and service of farm and construction equipment. Again, most of what he does today, and will continue to be is off-site. That’s kind of what gives him a unique place in the market. He has the vehicles that are able to respond to farmers that are literally down in the fields.

President Mosby: All storage is going to be inside?

Les Shively: Yes, sir. In fact, he’ll have to pave parking areas that he uses for the business. He will have to have the screening, that’s required by code, Mr. Mosby, so that, I mean, and we’re not asking for any relaxation, we’re not going to be asking for any variances for those development requirements.

President Mosby: Okay.

Les Shively: We’ve narrowed, by the way, we’ve narrowed the legal description as tight as we can be so we have enough room to operate without....we’re rezoning only what we need, so to speak. No more, no less.

President Mosby: Okay. Are there any other questions? Are there any remonstrators present? Seeing none.

Commissioner Crouch: I move that we approve VC-16-2003.

President Mosby: I will second that. I think we have to have a roll call vote.

Commissioner Crouch: I vote yes.

President Mosby: I was going to say, Commissioner Crouch, yes. Commissioner Mosby, yes. So, there being two ayes and no nays.

Les Shively: Perfect.

President Mosby: VC-16–

Les Shively: Perfect timing, City Council starts at 6:30, that couldn’t have been better. Thank you.

President Mosby: You’ve got to go there tonight too? You’re giving them half price, right? Since you’re double dipping.

Les Shively: Absolutely. Cheaper by the dozen, that’s right. Thank you.

President Mosby: Thanks, Les.

Commissioner Crouch: Motion to adjourn.

President Mosby: Back to this agenda. Second, and so ordered.

(The meeting was adjourned at 6:30.)

CONSENT ITEMS:

         Travel Requests:

         Health Department         SWCD                  Perry Assessor

         County Assessor            Center Assessor

         Employment Changes:

         Treasurer                        Cum BridgeAuditor

         VCCC                             County Clerk         Prosecutor

         Auditor:

         Submission of Surplus Letter.

         Submission of Tax Sale Properties Information.

         Computer Services:

         On-Line Bidding Management System Solution Definition.

         Those in Attendance:

         David W. Mosby             Suzanne M. Crouch        Bill Fluty

         Kevin Winternheimer      Tammy McKinney Madelyn Grayson

         Phil Lawrence                 Cheryl Musgrave            Steve Fuchs

         Dave Schlaf                    Alan Teeple                    John Stoll

         Dennis Hudnall               Gary Hohman                 Les Shively

         Beverly Behme               Others Unidentified         Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

David W. Mosby, President

Suzanne M. Crouch, Member

Recorded and transcribed by Madelyn Grayson.