VANDERBURGH COUNTY

REZONING BOARD

NOVEMBER 18, 2008

The Vanderburgh County Rezoning Board met in session this 18^th day of November, 2008 at 5:20 p.m. in room 301 of the Civic Center Complex with President Jeff Korb presiding.

President Korb: Redevelopment it is.

Commissioner Tornatta: Rezoning.

President Korb: I’m sorry, rezoning.

Janet Greenwell: It looks like we arrived just in time. I didn’t expect your meeting to be so quick. I’m Janet Greenwell with the Area Plan Commission.

Janet Greenwell: We have two first readings, I guess, I need to ask for your approval of our minutes.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Korb: Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

Janet Greenwell: We have two first readings, VC-1-2009, petitioner Tim Moll of T&T Development is requesting a rezoning at 15901 Petersburg Road from agricultural to C-2 with a use and development commitment. VC-2-2009, Porterfield Development is requesting to rezone from agricultural to R-4 the property at 8220 Telephone Road. Those are first readings to be assigned.

Commissioner Nix: I’ll make a motion to approve docket 2009-1-PC VC-1-2009 for first reading.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

Commissioner Nix: Roll call vote.

President Korb: Roll call vote. Commissioner Nix?

Commissioner Nix: Yes.

President Korb: Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Korb: Commissioner Korb votes yes.

Janet Greenwell: Thank you. The first petition we have–

Commissioner Nix: Let me go ahead and make the second motion there.

Janet Greenwell: Okay.

Commissioner Nix: This is for 2009-2-PC VC-2-2009, I make a motion to approve first reading.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. Roll call vote. Commissioner Nix?

Commissioner Nix: Yes.

President Korb: Commissioner Tornatta.

Commissioner Tornatta: Yes.

President Korb: Commissioner Korb votes yes.

Janet Greenwell: Sorry, jumping the gun.

Janet Greenwell: We have two rezonings for final hearing. 2008-37-PC VC-11-2008, the property at 5001 New Harmony Road. RCR Westside Holdings is requesting to change the zoning from agricultural and C-4 to M1 with a use and development commitment for a 1.23 acre site at 5001 New Harmony Road. It’s the northwest corner of New Harmony and Detroy. The gas station that was built on that site was built around the 1950's. The Plan Commission did grant a permit in September of 2008 to Reisinger Custom Rebuilding to allow a limited car repair service to operate. They have filed a rezoning requesting M1 to allow them to add engine overhauling and rebuilding, auto painting and body work, and automobile parts to their uses to be permitted on the site. The use and development commitment eliminates all the use group 14 industrial uses other than those associated with auto repair. It was heard at Plan Commission November 11^th and recommended for approval with eight affirmative votes.

President Korb: Discussion? So, they’re not adding on, they’re just wanting to expand their services? Okay.

Brian Carroll: I’m attorney Brian Carroll.

President Korb: Hi, Brian.

Brian Carroll: Good evening members of the County Commissioners. I’m here representing RCR Westside Holdings. For the record, my address is 2230 West Franklin Street. RCR Westside Holdings is the title holder to this property, and they lease it to Reisinger Custom Rebuilding. Pat Reisinger is the principal for both LLC’s. This property has been used as a service station for many years. I think it was vacant for the last two or three. Most recently, before Reisinger Custom Rebuilding started operating, it was a service station and a 24 hour towing business. RCR purchased the property in August of this year. They did quite a bit of work regarding the environmental. They took out the tanks, they replaced the roof. Their business, Reisinger Custom Rebuilding is what you would think, a custom rebuilding and restoration of classic automobiles. We’re asking tonight that the zoning classification be changed from C-4 to M1 to add the uses that were mentioned earlier that are only allowed in M1 or an industrial use. That is having to do with basically rebuilding, painting, and body work and overhauling. So, again without our changing it to M1, we can’t basically do any painting or major overhauling on these vehicles. So, tonight we’re asking, again, for the change of the zoning use. We have filed a use and development commitment, which does, basically, prohibit any of the industrial uses that are added by the M1 zoning to just those four uses.

Commissioner Tornatta: Brian, you said something about the environmentals. They’re totally clean at this point?

Brian Carroll: Yes.

Commissioner Tornatta: Or is there a remediation process?

Brian Carroll: No, it’s totally clean. They’ve done all the testing, they’ve taken out the tanks.

Patrick Reisinger: (Inaudible. Not at microphone.)

Commissioner Tornatta: Can you come up to the microphone, please?

Patrick Reisinger: I’m sorry.

Brian Carroll: Dr. Reisinger, Pat Reisinger is the principal.

Patrick Reisinger: There was traffic down by the museum.

Commissioner Tornatta: That’s fine.

Patrick Reisinger: Pat Reisinger, 2012 Diefenbach Road.

Commissioner Tornatta: Okay, just curious about the clean up. I know Walt’s had it at one time, and he–

Patrick Reisinger: When we bought it, before we bought it everyone recommended any service station do some due diligence before you commit. So, they did 16 bore holes in random places, and those were pretty clean. Then we pulled the tanks, and our part was pretty clean, all the tanks and everything, but there’s evidence from old tanks that were there before that there’s a few spots. I was just talking to Mark Phillips from EMC today, or yesterday, and he said he’s not sure if he’ll have to do anymore digging. The water wells that they’ve placed are all running clean. So, there may be some kind of a spot thing to kind of like stabilize it in place. But, overall, I mean, it’s going the right direction.

Commissioner Tornatta: Okay.

Patrick Reisinger: I’m not unhappy right now.

Commissioner Tornatta: Okay.

Patrick Reisinger: I understand these environmental things can be a real, really involved and we’re doing okay.

Commissioner Tornatta: Well, I guess–

Patrick Reisinger: It’s been a big cost for the project–

Commissioner Tornatta: Yeah.

Patrick Reisinger: –is the environmental, obviously.

Commissioner Tornatta: Right, and what I want to make sure is that we’re not overwhelmed with the environmental that we decide to back out on it and then we approve the change.

Brian Carroll: It sounds like the environmental is very minor at this point.

Commissioner Tornatta: Okay.

Brian Carroll: Particularly if the water wells are showing clean, it must be just localized to a few areas, and they may be able to just remediate in place, or, since it’s not affecting the ground water they may be able to just close it as is.

Commissioner Tornatta: Okay.

Patrick Reisinger: Yeah.

Commissioner Tornatta: Well, just, I want to get that on the record.

Brian Carroll: It sounds like it’s very minor.

Commissioner Tornatta: Okay.

Patrick Reisinger: We’re going to be pretty, it’s kind of, we want to do the high end restorations.

Commissioner Tornatta: Right.

Patrick Reisinger: Right now we’ll do anything, but we want to get to where we do like Duesenbergs and things like you see, like Jay Leno’s collections.

Commissioner Tornatta: Yeah.

Patrick Reisinger: Nice things. So, anybody that’s got a Ferrari that needs restored, that’s fine.

Commissioner Tornatta: I think it’s a perfect spot.

Patrick Reisinger: Oh, yeah.

Commissioner Tornatta: It’s been sitting dormant for a while, so.

Patrick Reisinger: We’re trying to go with that 50's kind of art deco–

Commissioner Tornatta: Yeah.

Patrick Reisinger: –not art deco, but I can’t remember the right period for that, but, anyway kind of a little bit glitzy, but like you would see when you would watch Back to the Future and he goes back to the past. That’s the look we’re looking for.

Commissioner Tornatta: Okay.

Brian Carroll: There’s only, what, how many vehicles you plan on working on at one time?

Patrick Reisinger: To do a complete restoration top to bottom, it takes three years. So, we’re not going to move a lot of cars through there. We turn off customers, they’re like, you know, I’ve got a ‘55 Chevy that’s been in my family since it was new, could you guys knock that out in a month? You know, because Overhaulin’ does it in one week. Well, we’re like we can’t do it as fast as they do it on t.v. You want a top to bottom job it’s going to be an involved deal. We can’t do a lot of things on site. You know, obviously, engine rebuilding and stuff like that, major engine work that goes one place, sandblasting and clean up, we can’t do that kind of work there, we have to send that down to a facility that’s good at that, rechroming that goes to Nashville to Advanced Plating. So, but we do need to be able to paint a car, obviously.

Commissioner Tornatta: Right.

Patrick Reisinger: There’s a lot of steps involved.

President Korb: Any remonstrators in the audience this evening? Great, seeing none. Questions from the Commissioners?

Commissioner Nix: I have none.

President Korb: Hearing none. Summation, we’ll spare you the grief, Mr. Carroll.

Brian Carroll: Thank you.

President Korb: That’s great. Motion to approve please.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Korb: Discussion? Hearing none. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. Roll call vote. Commissioner Nix?

Commissioner Nix: Yes.

President Korb: Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Korb: Commissioner Korb votes yes. Congratulations, guys.

Commissioner Nix: Thank you, guys.

Brian Carroll: Thank you, appreciate it.

Janet Greenwell: My apologies, we probably should enter, for the record that VC-10-2008, Majestic Place, the property on Eickhoff is continued to the January 20^th County Commissioners meeting. That probably should be put in the record.

Janet Greenwell: The other rezoning that we have for hearing tonight is 2008-38-PC VC-12-2008. It’s, Esquire Properties is requesting to rezone the 25 acre site located at 6312 Petersburg Road. There’s properties on 420, 440 and 522 Cannelton Court, and 430, 431, 448 and 514 Derrington Drive. Those were residences that have already transferred, have been built on this property. The property was rezoned R-3 with a use and development commitment in October 1999. It was the site of the Hamilton Creek Condominiums. The use and development commitment at that time limited it to 50 condominium units comprised of single and two family buildings. It prohibited apartments and multi-tenant units and group homes. The new use and development commitment, this is a rezoning from R-3 to R-3, with a changed use and development commitment. The new commitment commits to a maximum of 45 single family homes. Esquire Properties submitted a subdivision plat, Hamilton Creek Estates. It was a 42 lot residential subdivision that was heard at the same time as the zoning. The petition and the accompanying subdivision plat were heard at Plan Commission on November 11^th, and they were recommended for approval with nine affirmative votes. I probably should add that the new use and development commitment continues to prohibit apartments, multi-tenant units and group homes.

President Korb: Petitioner representative? Justin? Just, if you would, state your name.

Justin Shofstall: Justin Shofstall with Easley Engineering, representing Hamilton Creek rezoning and Esquire Properties LLC. Just to reiterate what Ms. Greenwell had stated was that we are changing the use and development commitment on the existing R-3. We are maintaining the R-3, but we’re changing the use and development commitment and backpedaling that from a 50 unit condominium complex down to a 45 unit single family residential lot use. So, at this point what we’re asking for is maintaining still the same R-3 zoning, but allowing the approval for the UDC for a less dense single family subdivision.

President Korb: Remonstrators in the audience? Seeing none, questions from the Commissioners?

Commissioner Nix: I have none.

Commissioner Tornatta: No.

President Korb: Summation we’ll spare you.

Justin Shofstall: Alright.

President Korb: Motion to approve.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. Roll call vote. Commissioner Nix?

Commissioner Nix: Yes.

President Korb: Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Korb: Commissioner Korb votes yes. Congratulations.

Justin Shofstall: Thank you.

President Korb: Yep, you’re welcome. Janet, is that it? Okay, great, thank you very much.

Janet Greenwell: Thank you.

Commissioner Nix: Drainage Board?

President Korb: Drainage Board it is.

Commissioner Tornatta: We need a motion to adjourn.

Commissioner Nix: Motion to adjourn.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

(The meeting was adjourned at 5:32 p.m.)

Those in Attendance:

Jeff Korb                                   Bill Nix                                      Troy Tornatta

Kathryn Schymik                      Madelyn Grayson                     Janet Greenwell

Brian Carroll                             Patrick Reisinger                      Justin Shofstall

Others Unidentified                   Members of Media

VANDERBURGH COUNTY

REZONING BOARD

Jeff Korb, President

Bill Nix, Vice President

Troy Tornatta, Member

(Recorded and transcribed by Madelyn Grayson.)