VANDERBURGH COUNTY

REZONING BOARD

OCTOBER 17, 2006

The Vanderburgh County Rezoning Board met in session this 17^th day of October, 2006 at 4:07 p.m. in room 301 of the Civic Center Complex with President Cheryl Musgrave presiding.

President Musgrave: We are now at the rezoning portion of our agenda, we will start with the presentation done by Bev Behme of the items brought forward.

Bev Behme: Good afternoon, Commissioners. We have no first readings, so all we’ll need is to approve the minutes.

President Musgrave: Motion to approve the minutes, what date was that?

Bev Behme: September 26, 2006.

President Musgrave: September 26^th.

Commissioner Shetler: So moved.

Commissioner Nix: Second.

Bev Behme: Final reading...do you want to?

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

Bev Behme: Are we ready? Final reading is VC-13-2006, Robert and Angela Schockman are requesting to rezone their property at 3910 North Burkhardt Road from agricultural to C-4. This is a 5.5 acre site on the northwest corner of Burkhardt and Lynch Roads. This site has frontage along Burkhardt and Lynch Roads. Evansville Metropolitan Planning Organization recommends one commercial access point for this site along the Burkhardt Road frontage, directly across from the retail access for Combs Landscaping. County Engineer, John Stoll states, “Access rights were purchased by Vanderburgh County along the following dimensions of the property, 88.51 feet, 26.54 feet, and 88.47. As a result, no driveways will be allowed at these locations. The only location where access will be possible for this parcel is the 203.35 frontage on Burkhardt Road. Depending on the type of land use that is developed on this property, improvements to Burkhardt Road could be necessary. Any required improvements would have to be done at the developers expense.” This is a request to rezone 5.5 acres at the northwest corner of Burkhardt and Lynch to C-4 to allow establishment of general commercial use on the site. If developed for commercial use, minimum green space buffers must be provided and maintained. Thoroughfare setbacks exist on both Burkhardt Road and Lynch Road. Setbacks are measured from the center of the existing streets. Burkhardt Road at this location has a 60 foot thoroughfare setback, and Lynch Road has a 70 foot. No buildings or other permanent structures may be constructed within the thoroughfare setback. This site at the northwest corner of Burkhardt and Lynch is projected as commercial on the future land use map in the comprehensive plan. This rezoning to commercial is consistent with the comprehensive plan. To date, most commercial use has been limited to the east side of Burkhardt Road. Land adjacent north, south and east remain agricultural and residential. Information submitted as part of this petition indicates that all utilities are available to this site, except sewers. This site is currently served by a septic system. Commercial development should be served by sewers. Area Plan Commission on October 12^th voted nine affirmative votes and one abstention for VC13-2006.

President Musgrave: Thank you. Is the attorney here to present the petitioners case? Mr. Les Shively.

Les Shively: Madam President, members of the County Commission, I’m representing Mr. and Mrs. Schockman. Yes, there we go, that’s the photograph I think shows a little more update, it shows Lynch Road going all the way through. I really don’t have much to add to the staff report, a pretty thorough report. Just a little bit of background. This property has been in Mrs. Schockman’s family for a number of years, the Folz family, and they now desire to avail themselves of converting it to a commercial classification. The reason they are doing it at this particular point in time, this property is listed with Mike Richardson, he’s a commercial broker, Mr. Richardson had suggested that this property would sell better, and prospects would be more readily available if the zoning issue was resolved, rezoned to C-4, which is consistent with the commercial classifications in that area. In fact, immediately across Burkhardt Road, on the east side, excuse me, yeah, on the, actually on the north side of I-64, but right across on Burkhardt Road is Combs Landscaping. That is an M-1 classification. Of course, you can see all the other commercial that’s located southeast of there. In communications with Mr. Stoll, we understand the access rights that were acquired, we understand what will have to be done for access, and we take no exception with those, we understand that, and we’ll have to comply with those requirements. Again, Mr. and Mrs. Schockman are here. This received a favorable recommendation from the Plan Commission, and we would ask for your favorable vote this evening so we can move forward to market this property and make it productive.

President Musgrave: Thank you, Mr. Shively. Are there any remonstrators who wish to appear at this time? I see no remonstrators. Are there any questions from the Commissioners?

Commissioner Shetler: I do. I don’t know if you can answer this question or not, Mr. Shively, but the sewers stop where? Apparently, they don’t have sewer service, so, it’s–

Unidentified: Combs.

Les Shively: Combs? Yeah, Combs, that’s what I thought. Combs right across the street.

Commissioner Shetler: Okay, so they do–

Les Shively: Across Burkhardt–

Commissioner Shetler: So, they have, they can have access to it?

Les Shively: Yes, sir. Yes, I mean, they’re not technically to the site. You would have to extend it to the west across Burkhardt Road.

Commissioner Shetler: Right. Okay.

Les Shively: So, it’s not like you have a lot of off site work, but a little bit of off site work.

Commissioner Shetler: Alright, thank you.

Les Shively: I’m not quite sure where the connecting point of the manhole is located, but I don’t think it’s going to be that prohibitive, and for a five acre tract like this, that’s just, extending the sewer is part of the development cost that will have to be done.

Commissioner Shetler: Right. Okay.

President Musgrave: Are there any other questions? Do you have a summation you would like to–

Les Shively: No, just more than happy to answer any questions you might have.

President Musgrave: Is there a motion to approve?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: I’ll do a roll call vote. Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: And I vote yes. Show the rezoning to be granted.

Les Shively: Thank you.

Commissioner Nix: That will be the first time he’s had no summation. I’m proud of you.

President Musgrave: We move now to docket VC-14-2006.

Bev Behme: Yes, PAMS, LLC is requesting to rezone a part of their property located at 4905 Pollack Avenue, from agricultural to C-4 with a use and development commitment. This proposed .78 acre of C-4 located between Pollack Avenue and Earl Avenue, just east of Green River Road. There is an existing access drive on Pollack Avenue which serves as access for the mini-storage facilities on this site. The smaller 30 X 75 expansion parcel is an existing paved access drive around the rear of the existing mini-storage buildings. The .73 acre expansion site south and east of the mini-storage structures will be required to access through existing drives, as no frontage is available on the expansion site. All parking and drives must be paved. Site review will address compliance with access and traffic flow upon submission of plans for the development of the expansion area site. The 1.6 acre mini-storage facility adjacent west of this site was rezoned to C-4 in 1993, and six mini-storage warehouses have been constructed on the site. This is a request to rezone an additional .76 acre site for expansion of the mini-storage facility use. A use and development commitment is part of this rezoning petition, which identifies the only use requiring the C-4 classification that is to be permitted on the site, a mini-storage facility, with an office and a conference room. The future land use map of the comprehensive plan indicates a commercial node at the Pollack Avenue-Green River Road intersection. When the adjacent mini-storage facility was rezoned to C-4 in 1993, the commercial node was expanded east to include this site. These two proposed C-4 sites are intended for expansion of the existing mini-storage facilities. Surrounding areas to the north, east and south are predominantly single family homes. If approved for commercial expansion, the minimum ten foot open and unobstructed green buffer area must be maintained around the perimeter of the site abutting residential development. Area Plan Commission on October 12^th voted nine affirmative votes and one abstention for VC-14-2006.

President Musgrave: Is there, Mr. Shively, you’re presenting again?

Les Shively: Madam President, members of the Board of Commissioners, I’m here on behalf of the petitioner, PAMS, LLC, which stands for Pollack Avenue Mini Storage. Also here on behalf of PAMS is Mr. Tim Major, the principal managing member of that limited liability company. Again, the staff did an excellent job of hitting all the high points. Yes, that’s the photograph I think that shows it better. You see the existing buildings, the solid white line is what we’re rezoning. The mini-storage facility has been there for approximately 13 years, we’re just expanding in that area, we want to rezone. Same setup, same layout, no new access. We will use the existing access. Again, this will allow this to expand, this facility to expand. That will be the only commercial use, along with the offices for Mr. Major’s business. That’s basically it. I would be more than happy to answer any questions.

Ted C. Ziemer, Jr.: Les?

Les Shively: Yes, sir?

Ted C. Ziemer, Jr.: Just one question. We have the original copy of the ordinance, should this be approved. It has attached to it the use and development commitment, which is not signed or notarized.

Les Shively: Okay, we will have that signed and notarized before it’s recorded.

Ted C. Ziemer, Jr.: Okay.

President Musgrave: Are there any remonstrators who care to address the Commission on this rezoning? I see no remonstrators. Are there any questions from the Commissioners?

Commissioner Shetler: Just one. Les, is it the intention then to build a couple of extra storage buildings, is that what I had understood?

Les Shively: Right.

Commissioner Shetler: Okay, so, it’s not to expand the parking area there for the RV’s or that kind of storage outside storage?

Les Shively: We’ll be building buildings.

Commissioner Shetler: Okay, how many buildings are we looking at?

Les Shively: Tim, how many buildings, just one? Just one building. It’s only .78 acres. By the time we do our green space and our setbacks and everything.

Commissioner Shetler: I noticed that part of that is chat or whatever, is the intention to put asphalt or a hard surface?

Les Shively: We’ll have to. As you can see from the aerial there, where the buildings are currently are all paved, and we’ll have to do likewise when we put the buildings in.

Commissioner Shetler: Okay, thank you.

President Musgrave: The entire area might not be paved, just the part that’s supporting the building?

Les Shively: Well, it will look very similar–

President Musgrave: Okay.

Les Shively: –to what you see there, because it’s just carrying the theme a little bit further to the east.

President Musgrave: Alright. Is there a summation, Mr. Shively?

Les Shively: No.

President Musgrave: Is there a motion to approve?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: And I vote yes. Show the rezoning as granted.

Madelyn Grayson: Mr. Shively, I am a notary. If Mr. Major wants to sign that now, I can take care of that.

President Musgrave: Please go ahead and approach, and we’ll move on to VC-16-2006.

Bev Behme: VC-16-2006, 1034 Beacon Hill. Elite Development Group is requesting to change in zoning of a .36 acre strip of their golf course from agricultural to C-2. The parcel at 1034 Beacon Hill is located north of Beacon Hill between Cambridge Village and South Hampton Drives. Site review and sub review committees will address compliance with all code requirements upon submission of plans for the development of the proposed town home, multi-family dwellings on the site. The rezoning of this small strip of golf course land to C-2 to enlarge the existing C-2 lot should have little effect on traffic. Site review will address access upon submissions of plans for the development of this site. In 1998 Cambridge Subdivision was approved by the Area Plan Commission. The area was rezoned in November, 1999 to facilitate the overall development plans for Cambridge Village golfing community. A combination of low and high density residential development, a golf course, and commercial, retail and recreational development. In addition to the single family residential subdivision, and the golf course, the rezoning of the Cambridge development included 22 acres of R-3, and 6.76 acres of C-2. This rezoning is a request to rezone an additional .36 acres of the golf course land to C-2, increasing the size of an existing commercial lot. The C-2 zone site allows the flexibility to develop as either commercial or multi-family residential use, a use not permitted within the existing agricultural classification. The area adjacent south and southeast of this site is commercial, and north and northwest is the golf course and residential. This request to rezone a .36 acre strip of ground contiguous to the existing C-2 is to allow multi-family residential development, a use prohibited within the agricultural classification. This rezoning to C-2 is consistent with the adjacent zoning and with the overall development plan for the area. Area Plan Commission on October 12^th voted eight affirmative and one abstention for VC-16-2006.

President Musgrave: Is there anyone here to present the case? Please state your name.

Keith Poff: Keith Poff with Sitecon, Incorporated, representing the petitioners in this rezoning. They’re asking for the rezoning in order to add a strip of C-2 to make it available for the proposed multi-family project that is interested in building in the north half of this lot. We currently also have a subdivision plat that has been through primary approval, it’s referred to as Cambridge Overlook. The northern portion of the property is set aside for that residential project. If the footprint of the buildings, or any of the use of the multi-family would go into this area, then it needs to be zoned C-2.

President Musgrave: Thank you. Are there any remonstrators to speak to this? I see no one. Are there any questions by the Commissioners?

Commissioner Shetler: Not really a question of the petitioner, but, I guess, maybe of Beverly. That’s why C-2 versus like R-3 or R-4 or something?

Keith Poff: If I may? The rest of the lot was zoned C-2 years ago without a use or development or anything specific. They had intentions of putting some retail and combination uses there, but they haven’t materialized at this point. The C-2 was the matching designation for the rest of the property.

Commissioner Shetler: But, the intent for the development now is multi-family?

Keith Poff: Yes.

Commissioner Shetler: There is no intent to put any kind of shops?

Keith Poff: Not on this location here, no. My clients are the landowners, and they have been approached by a residential, multi-family project developer, who wants that northern piece.

Commissioner Shetler: Okay.

Keith Poff: We’ve gone through the subdivision project for that same effect.

Commissioner Shetler: Alright, thank you.

President Musgrave: Any other questions? Do you have a summation?

Keith Poff: I’m afraid not.

President Musgrave: Ms. Behme, did you have something you wanted to add?

Bev Behme: I just wanted to add that C-2 would allow both. If they’re not clear at this time which one they wanted to have.

President Musgrave: Is there a motion to approve?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. I’m sorry. Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: And I vote yes. Show the rezoning as approved. If there’s no other business on the agenda, I would like to say one other thing before we get that motion to adjourn. I want to thank you, Commissioner Nix, for your leadership in getting the overhead projector and the computer in here. It is so much clearer, and I know that you had to expend some energy on that project.

Commissioner Nix: We got it done, that’s the main thing.

President Musgrave: Is there a motion to adjourn?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: We are adjourned.

(The meeting was adjourned at 4:25 p.m.)

Those in attendance:

Cheryl Musgrave                                Bill Nix                            Tom Shetler, Jr.

Ted C. Ziemer, Jr.                    Madelyn Grayson           Bev Behme

Les Shively                                         Keith Poff                        Others Unidentified

Members of Media

VANDERBURGH COUNTY

REZONING BOARD

Cheryl A.W. Musgrave, President

Bill Nix, Vice President

Tom Shetler, Jr., Member

Recorded and transcribed by Madelyn Grayson.