VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

REZONING MEETING

SEPTEMBER 15, 2003

The Vanderburgh County Rezoning Board met in session this 15^th day of September, 2003 in Room 307 of the Civic Center Complex. The rezoning petitions were heard during the regular Commission meeting and this portion of the meeting commenced at 6:35 p.m.

President Mosby: We will immediately move in to rezonings.

President Mosby: We have no first readings.

President Mosby: These will be final readings. First, VC-14-2003, petitioner Robin A. Fraser and Bonnie L. Fraser, address 4011 Wolcott Street, change from R-1 to M-2.

Jerry Atkinson: Good evening. My name is Jerry Atkinson. If I could, I would like to give you a couple of graphics so that you can focus on what is being requested here. This is a petition to rezone 4011 Wolcott Street from an existing R-1 zoning to an M-2 for the purpose of allowing a machine shop. There are numerous possible uses in an M-2 zoning, and we’re not interested in doing any of those, other than a machine shop. Mr. Fraser would like to make a small addition to his existing building to permit him to actually conduct machine shop activities at that location. Wolcott lies at the east corner of, the southeast corner, southwest corner of the subject property, 461.6' south of Upper Mt. Vernon Road. It’s at the southeast corner, 357.96' down to Wolcott. There is a diagram on the back of the staff report, and I will circle the area where the addition is going to be, and I’m going to circle the Fraser residence, and I’m going to put a big “x” on the Lin-Gas facility that is an existing M-2 that’s right next door to this property. We know of no opposition to this rezoning. Mr. Fraser talked to some of the neighbors that would be most immediately affected and they consented to the proposed rezoning. Are there any remonstrators here against this project? There was at the Area Plan Commission one remonstrator who lived on Upper Mt. Vernon Road, and he thought that the machine shop was going to be next door to his property, and he objected to Mr. Fraser putting an extension on to his garage because he thought that Mr. Fraser could use the existing garage. I’ve been in Mr. Fraser’s garage, which is down on Wolcott Street, and that’s, if you will, like an antique store in there. He has a lot of things stored inside there, and I can understand why if he wants to keep those things that he could want to make an addition to have a work area. We’ve met with that neighbor, or more accurately Mr. Fraser did, showed him the map of it and the petition, and when the neighbor understood where this proposed machine shop use would be, he responded, oh, that’s alright with me and left. He’s not back, and we understand that comment to be that he too now is not opposing it. We heard from the West Side Improvement Association, and I thought their comments were well taken. I was here before you about a month ago asking for permission to change a use and development commitment to add a bonus room, and to do that you have to amend your zoning and you have to go back and you pay a fee and you notice everybody again, that’s a complicated process. For years I’ve used a private covenant, enforceable by the neighbors, to provide flexibility as we go through the process of rezoning, to give them in writing an enforceable covenant running with title to the land to address objections that may come up during the process. I had prepared and passed around to the Area Plan Commission on September the 3^rd a private covenant limiting the use of the real estate to a machine shop only, not withstanding that the M-2 zoning classification permits other uses. In the event that at some future time they want to change the land use to something other than a machine shop, they are going to have to come back and obtain a rezoning to change the use to some other use. Robin Fraser and his wife additionally agree that they will not use the real estate owned by them at 3912 Upper Mt. Vernon Road that I’ve marked for you on that aerial photograph, which is north of and adjacent to the real estate to be rezoned, and they agree not to seek any rezoning of that same real estate at 3912 Upper Mt. Vernon Road to M-2 at any time during the term of the covenant. It’s a 25 year covenant. That’s a good, long time. The, excuse me, I’ll explain my breathlessness to you in a moment. The Improvement Association suggested that one of the things that you can do in an M-2 zoning is to have billboards, and it struck me that we ought to include that in. Unfortunately, I don’t have a typed up private covenant for (Inaudible). I made changes in handwriting of the proposed covenant that we gave to the Area Plan Commission to prohibit the use of the real estate for any elevated signs or billboards. That’s an example of an objection well taken and that we needed to respond to it. If you look at the staff report, you’ll see that the staff report indicates that there are 322 commercial service, storage and recreational and industrial uses in an M-2. We’re proposing there’s only going to be one. We’ll have a covenant running with title to the land to make it only one. There has to be parking, well, this is going to be a one man shop, no employees. The site plan with the staff report shows five parking spaces, that’s more than enough. Another thing that occurred to me, even this evening, that I included in the change to the private covenant is that there should be a restriction against the habitual parking of tractor trailers or trailers at that location, and we added that in as well. There is also in the staff report an indication that there is going to have to be paved parking and access and that’s not a problem, we’ll be happy to do that. Then there is an indication, the site plan as submitted, would require a number of variances, and must be redesigned prior to the submission to site review. Mr. Fraser went to the engineer and land surveyor and said, in effect, give me what I need, I want to rezone this, I want to have a machine shop. This drawing was prepared by the engineer, and if the engineer didn’t catch the fact that variances need to be obtained to locate the addition where the addition is shown as being located, then it does need to be changed. It’s always been the intention of Mr. Fraser to comply in every way with the applicable rules and regulations. It was my intention to visit with the Area Plan Commission and the engineer and bring you a conceptually redesigned drawing to support this petition. Unfortunately, my mom died. I’m sorry, I truly am sorry. Unfortunately, I had to be out of town last week, and today I was doing a non-threatening medical procedure that left me under this influence of some, excuse me, drugs that are interfering with my energy level and my ability to speak clearly, because I have a bit of a cotton mouth, okay. Unfortunately that procedure took virtually the whole day, and I didn’t have the ability to visit with the engineer or the Area Plan Commission or Mr. Fraser. We believe that the engineer can redesign the location of the building and/or we can obtain variances to permit the construction of the addition, and it’s not necessary for us to seek a continuance for the purpose of submitting that to you because that’s really a site plan activity. However, if you would like to see that before we go forward, we would be receptive to supply that to you. Again, I don’t know of any objection now in the neighborhood to this. The County Engineer, I think, expressed some concern about large trucks coming down into this dead end cul-de-sac that abuts the Lin-Gas facility. If you look at that on the back of either what I gave you or on the back of the staff comments, the aerial photograph, you’ll see there are dozens of big gas tanks even right along the common boundary between these two properties. This is the existing garage at 4011 Wolcott Street, across the street to the south, these are the neighbors, and I believe the neighbors most directly affected have signed the consent form. This is the view west, the house trailer depicted does not belong to Mr. Fraser, it belongs to the next door neighbor. The view to the east is here, you can see the property abuts up against Lin-Gas tanks. The area at the bottom in the center is where the addition would be corrected. Then there is a view of the 600 block of Vanness, which is the connector street to the west that goes north to Upper Mt. Vernon Road. Then the 400 block of Wolcott from Vanness is in the lower left hand corner. I think that’s all of the canned production. Does anybody have any questions?

Commissioner Crouch: Mr. Atkinson, I know that the West Side Improvement Association also spoke about a buffer zone. Is that something that you have worked out in your concept or your drawing?

Jerry Atkinson: I also have not met with them. If they could tell me, if they are here–

President Mosby: They’re not here.

Jerry Atkinson: They’re not here?

President Mosby: They sent a letter.

Jerry Atkinson: If you could look at the photographs, the property immediately north of the subject real estate is owned by Mr. Fraser, who is here, or his brother. Neither one of them, at this time, desire or request any screening. The property to the immediate east has Lin-Gas tanks, and I don’t know that they need to be screened against the parking area for a machine shop. The property to the west has already, in a sense, a buffer in that the fellow there has parked a large house trailer right next to the existing building. The building itself constitutes a buffer from the addition. What’s left is the properties across the street. Did anybody ask you if you would put up vegetation or a fence or anything?

Robin Fraser: No.

Jerry Atkinson: The guy that has a house trailer, does he, did he consent, sign the consent?

Robin Fraser: Yes.

Jerry Atkinson: Yes, so, the people across the street and the guy next door haven’t asked for any buffer. We would give it if we knew what would work, or what they wanted, or if anybody had expressed any interest. We try to do things right. They did suggest, not having fondness for billboards, and I addressed that with the private covenant. What I would ask, I guess, you consider is allowing me to go ahead and finish the private covenant in the way I have identified to you, and, excuse me, let me submit that and record it, submit it to your County Attorney for approval as to matching what I said that I would do. We could vote tonight, because the site review people can take care of the rest of the issues. This is a one man shop that is not going to hurt anybody. He’s going to put insulation in the walls so that noises don’t even escape. So, I think it’s a net gain for the county. It’s certainly a net gain for Mr. Fraser, and it doesn’t do harm to anybody that’s directly connected. I don’t think it does harm to anybody at all, quite frankly.

President Mosby: Are there any other questions?

Commissioner Crouch: I make a motion that we do approve the rezoning for VC-14-2003 with the conditions that Mr. Atkinson has described with his amendment to the private covenant.

Commissioner Fanello: Second.

President Mosby: I have a motion and a second to approve VC-14-2003 with the amended private covenant to be recorded. Commissioner Crouch?

Commissioner Crouch: Yes.

President Mosby: Commissioner Fanello?

Commissioner Fanello: Yes.

President Mosby: Commissioner Mosby, yes. Being three ayes, no nays, VC-14-2003 is hereby declared adopted.

(Motion passes 3-0)

Jerry Atkinson: Thank you very much.

Madelyn Grayson: Mr. Atkinson, I believe your recording check will need to be either added to...if you’re going to record that private covenant, I think it’s only for $11.00. So, I will need a new check for that. And I did not get a disk for the advertising. Was that a discounted rate?

Jerry Atkinson: I will get that to you immediately.

Madelyn Grayson: Okay, thank you.

President Mosby: Next we will hear VC-15-2003, petitioner, Warren G. Spurling, address, 5100 Spring Valley Road, change from C-4 to C-2. Mr. Spurling.

Tim Spurling: My name is Tim Spurling. I’m here representing Warren. I think it’s a pretty simple rezoning. Our intent is to build more of the apartments for people 55 and older, to add to the complex that we already have established there.

President Mosby: Okay. Are there any questions?

Ben Hebebrand: As a point of order, can we make public comment?

President Mosby: I’m getting ready to ask for that. If there is no question by any of the Commissioners, are there any remonstrators that would like to speak?

Ben Hebebrand: I’m not remonstrating.

President Mosby: Okay. One at a time, just come up and say your name and address.

Mike Rudolph: Good evening. My name is Mike Rudolph, and we are not here to remonstrate against this. I am a trustee of Evansville Day School, and I have a daughter that is a high school freshman there. With me is Ben Hebebrand. Ben is the head of Evansville Day School, and we have no objection to the additional work that Spurling intends to do. We come here to plead our case about a safety concern that currently exists at Evansville Day School’s main drive. Our main drive, and our only entrance into and out of the school is directly across Schnuck’s main driveway. A year and a half or two years ago when the project became known and we got wind of it, I came downtown here and met with some people with EUTS and METS, talked with people with the Area Plan Commission, because we envisioned some potential traffic problems and safety issues at our driveway. In the course of my discussion with the different agencies was informed that there would be no light at our driveway, there would be no concrete median barriers, etcetera. I drive up and down Green River Road everyday, so we understand the, I suppose, logic behind that, but nevertheless two years ago we could foresee some safety issues. Now Schnuck’s is in, we welcome them, but the safety issues are as bad or worse than we envisioned. If you can envision the new Schnuck’s, our driveway sits straight across from them, and family’s turning into and out of Day School, especially if you are leaving at 3:00 in the afternoon and trying to turn north face a variety of traffic situations that are hard to contemplate until you are caught in the situation. Having been in that situation myself, and knowing that there’s a traffic problem, I can tell you, it’s real. We are here, I suppose, to appeal to this board and any other agencies that you can guide us to, to give some guidance or consideration for some additional help with what we view to be a critical safety issue out there. Again, we are not remonstrating against, but I think we are here to call attention to an issue that we foresee as dangerous. It’s one of those situations where most people say, well, an accident has got to happen before anybody is going to do anything. I’m here to tell you, an accident is going to, and I would like to at this time find out if there is anything that you can offer to us, some guidance on what we might do to make a bad situation more safe.

President Mosby: I think the first thing that we need to do is have the County Engineer go out and look at this problem. He will report back to this board and give us any alternatives or options that we might have to correct whatever he would see. If you want to call him, you’re more than welcome to call and talk to John Stoll–

Mike Rudolph: Okay.

President Mosby: –the County Engineer, and we can, well, Tammy’s gone, but we can refer that to him tomorrow, and ask him to go out and look at it.

Mike Rudolph: Okay. That’s been done, but I will refresh his memory about our concerns. Additionally, I think, as a memo to remind you, I think I’ll write you all a letter, and maybe put some pictures out there. I wish I’d had some charts and diagrams up here like the other gentleman did, but time did not allow that. Ben, do you have any comments? Thank you for your time.

President Mosby: Thank you.

Ben Hebebrand: For the record, my name is Ben Hebebrand, and as Mike said, I’m the head of school at the Day School. We welcome this development, but we do feel that this development, being in the immediate vicinity of the school, will add increased traffic to what is already a very, very dangerous situation, as Mike has alluded to. We’ve made efforts to get some help. Right now the median on Green River Road is indeed an accident waiting to happen. Cars are coming smack straight on each other, each one wanting to take a left turn. It is a dangerous situation. Thank you.

President Mosby: Thank you.

Commissioner Crouch: If I may, just either Mr. Rudolph or you, I’m familiar with that area, I drive it quite often, I don’t disagree that there is additional traffic as a result, but what would you suggest? I mean, having gone, you know, and I’m sure the County Engineer is going to have a suggestion, but as an individual what is it that you would like to see happen?

Mike Rudolph: Well, I suppose the best case scenario–

Madelyn Grayson: Can you make your comments at the mike?

Mike Rudolph: Again, it’s Mike Rudolph. I suppose the best case scenario would be a stop light there. Whether or not that can get approved, I don’t know. I was told two years ago, there’s no way. So, we sought other avenues. We approached Spurling, and we approached Schnuck’s about the possibility if they would help us fund the money required to put in these flashing lights that are now being posted around different school zone areas. That was rather, sort of a laborious task, and in a nutshell it didn’t happen. Those are lights that maybe would warn people well in advance of the approach to our school that the speed limit is now dropped down to 20 mile an hour. You see them at Vogel, I think there’s one at Memorial, they’re at different schools. I don’t know, a light would be the best situation, but reduced speed...the Sheriff’s Department has been great about enforcement out there. We continue to compliment them when we see them out there. It’s probably something that the engineer would have to, you know, just take a hard look at.

Ben Hebebrand: If I may add to that. If a traffic light is indeed not feasible, at least some, I don’t know what the technical term is, but some islands in the median lane, I think would help prevent any vehicles from heading on to each other straight.

President Mosby: Any other questions?

Ben Hebebrand: Thank you.

President Mosby: Thank you. Are there any other remonstrators, or anybody that would like to speak to petition VC-15-2003? Seeing none, the chair would entertain a motion.

Commissioner Fanello: Motion to approve VC-15-2003.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second. Commissioner Crouch?

Commissioner Crouch: Yes.

President Mosby: Commissioner Fanello?

Commissioner Fanello: Yes.

President Mosby: Commissioner Mosby, yes. There being three ayes, no nays, VC-15-2003 is hereby declared adopted.

(Motion passes 3-0)

Mike Rudolph: Thank you.

President Mosby: Thank you. Any other business to come before–

Commissioner Fanello: Motion to adjourn.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second. So ordered.

(The meeting was adjourned at 7:01 p.m.)

CONSENT ITEMS:

         Jail Expenses: United Consulting and James L. Shireman, Inc.

         Travel Requests:

         Health Department         Legal Aid              Area Plan Commission

         County Assessor            County Highway

         Employment Changes:

         Sheriff Department         County Clerk         Health Department

         Prosecutor                      Knight Assessor   Area Plan Commission

         County Engineer: Surplus of Vehicle.

         Health Department:

         Permission to request Council appropriation.

         Ancillary Care Services Agreement with Managed Health Services.

         Area Plan Commission: Copier lease agreement.