he Board of Zoning Appeals did not meet in April but did hear a couple of requests involving our area at their May meeting. One was a request to allow an accessory structure larger and taller than the residence for construction of a pole barn and the second was a request for relaxation of the front yard setback for construction of an accessory building. Both were approved.

Fred Padget

There has been very little rezoning activity within the WIA boundaries lately. The proposed 8 lot subdivision located at 6803 West St. Joseph Road near the intersection of Neu Road and just west of St. Joe in German Township I spoke of last month was continued to April. That is the only item on the April APC agenda concerning the WIA.  

The proposed change to the city and county zoning codes requiring landscape islands within parking lots that we’ve written about previously has been approved by both the city and county. I, along with many others, feel this is a good step forward for the community and sincerely appreciate the Mayor, City Council and County Commissioners unanimously approving the ordinance. Both the ordinance and the Arboricultural Specifications Manual I mentioned last month are now available at the APC web site, www.evansvilleapc.com.  

Some of us feel the requirement for landscape islands should have been done long before and we recognize some developers did improve their parking lots with various landscaping long before the requirement. But I got to thinking about how often variances for relaxation of the zoning code are requested and granted hoping that will not happen with the landscape islands requirement. Variances to the zoning code can be granted by the Board of Zoning Appeals (BZA) which is quasi-judicial body established by the State Legislature. This board also approves Special Uses included in the Zoning Code. Basically the board approves waivers or special conditions to the code, their action cannot change the approved zoning.   

In reviewing the BZA’s activity for 2009, I found they approved over 97% of the variances requested and denied less than 3% of the requests ruled on.  They heard 74 requests with 4 being continued for future consideration. Of the 70 they ruled on, 68 were approved and 2 denied. The BZA also approves Special Uses and in 2009 100% of those applied for were approved. After a cursory review of 2008 and the first 2 months of 2010 that trend for approval of Zoning Code variance and Special Use requests appears about the same. In talking with a BZA member from another area, I was told approval of a zoning variance should be the exception rather than the rule. We are not in line with that thinking and our local trend scares me in regard to possible relaxation of the requirement for landscape islands in parking lots. 

The code requires that “no variance may be granted except on finding of all the following factors:

1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community.

2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantial adverse manner.

3. The strict application of the terms of this title will result in practical difficulties in the use of this property.

4. The variance is not a variance of the use of the property.

5. The petitioner's property is not located in a planned unit development.

6. The need for the variance is not created by the applicant.

 In further analysis of 2009 which becomes somewhat difficult because a single petition may contain requests for more than one variance, sometimes several. By my count about 45 variances or nearly 40% dealt with setbacks and lot coverage which likely would cause reduced green space, one of the main reasons for landscape islands. Interestingly, 18 were for more signage, either number or size, than provided by code while the only denials also concerned signage. 

All of this gives me grave concern that landscape islands might also become victim to the liberal view of zoning variances. We all need to be actively aware and follow this process to maintain this recent improvement to the code for the benefit of our community. 

We will keep you updated on these and other events as they occur. Agendas and minutes for both the APC and BZA including Staff Reports can be viewed at www.evansvilleapc.com.  

As always, be involved.

Fred Padget

There are no rezonings within the WIA boundaries on the APC’s February agenda. However, there will be a proposed change to the city and county zoning code presented to the APC requiring Landscape Islands within parking lots that meet certain conditions. These Landscape Islands may take various forms but since I don’t have the final document that will be presented, we’ll cover this proposal in more detail next month. But this is a project the Smart Growth Group conceived, has talked about and worked on for well over two years. There has been much thought and effort put into it and I along with many others from the Smart Growth Group are anxious awaiting final adoption by the city and county. As I say, we’ll go into more detail next month after the presentation to the APC.

We will keep you updated on these and other events as they occur. Agendas and minutes for both the APC and BZA including Staff Reports can be viewed at www.evansvilleapc.com.

As always, be involved.

Fred Padget

Fred Padget

As you know, the Commissioners did appoint a committee to study the proposed project along with looking at the future of the entire University Parkway. The committee has met twice and had much good, open, forthright discussion. The nearby neighborhood group continues to have meetings on a fairly regular basis to exchange information and keep updated on current happenings concerning the proposed rezoning.

The petition is scheduled to be heard at the Commissioners’ December 8 meeting where we feel it is likely to be sent back to the APC pending a study of the complete University Parkway corridor. In our opinion, this would be a good step so that a comprehensive evaluation of the corridor from the Lloyd to Diamond can be accomplished and to include looking at future traffic impacts, the impact on local roads and intersections, water and sewer availability and the University Parkway/Lloyd Expressway interchange as well as potential future land use. With the advent of connecting to Diamond, the Parkway will assuredly become a very major thoroughfare. If and when it connects to I-64, which is the long range plan, this study and appropriate planning becomes even more important. This is the community’s opportunity to do it right the first time.

I do want to take a minute and express my thanks to Commission President Tornatta for the time, effort, accessibility and leadership he has provided to the neighbors and all of us concerning this project. Commissioners Melcher and Winnecke also deserve our gratitude for their valuable time, help and input. Our neighborhood leaders, Stan Blaszczyk and Dave Robinson as well as WIA’s Mike Lockard have each put in a tremendous amount of time and effort and the neighbors have stayed organized which can be difficult to do over a long period of time. Thank you all.

We will keep you updated on these and other events as they occur. Agendas and minutes for both the APC and BZA including Staff Reports can be viewed at http://www.evansvilleapc.com.

As always, be involved.

Fred Padget

Fred Padget

Fred Padget

As always, be involved.

Fred Padget

As always, be involved.

Fred Padget

A two-lot subdivision is proposed for the south side of West Boonville-New Harmony Road just west of St. Joe. This is a rather convoluted request with some history. We’ll just give a quick overview. The currently-existing home was built in 1981 on a 10.9 acre tract. Somewhere along the way, perhaps in 1987, an apparent illegal split of this parcel took place when three acres were broken off with no road frontage and only an ingress/egress easement to the road. Our subdivision code requires frontage on a public road and in 2007 the Subdivision Review Committee reviewed the revised plat which would bring the property into compliance. At that time, the home owner of lot one did not support the proposed subdivision and his signature would be required for the plat to be recorded so the process was continued. After subsequent litigation, additional revisions to the plat and approval of the owner’s certificate by the owner of lot one; it is coming forward to the APC for approval at this next meeting.

Finally, a four-lot subdivision is planned for the east side of Summertime Lane and south of Hogue Road on 17.6 acres known as Carrie Hills. Owners of the property are Don and Judy Davidson. Requirements include that the owners shall remain responsible for lake maintenance and prevention of obstructions to creeks and natural surface waterways as well as approval of dye and soil tests by the Health Department.

As a side note, the APC makes recommendations to the City Council or County Commissioners for approval or denial of rezoning petitions but has final approval of subdivisions if they meet requirements of the Subdivision Code.

We will keep you updated on these and other events as they occur. Agendas and minutes for both the APC and BZA including Staff Reports can be viewed at www.evansvilleapc.com.

As always, be involved.

Fred Padget

We’ve also had complaints about flooding from the old Marine Hospital grounds where development has been taking place as well a variety of complaints around Bosse and Schaefer Avenue to name a few.

We’ll continue to try and help resolve these and other problems to the best of our ability as they come up. And, we will keep you updated on these and other events as they occur. Agendas and minutes for both the APC and BZA including Staff Reports can be viewed at http://www.evansvilleapc.com.

As always, be involved,

Fred Padget

Fred Padget

Fred Padget

In our last report, we also told you about a request to rezone about 11 acres from Residential, R-1 to Residential, R-4 and Commercial, C-1 on the east side of  University Parkway at 8530 Middle Mt. Vernon Road. The property is owned by Gilbert Hartig and the developer is Ramsey Development Corporation from Tell City. The proposal consisted of two separate rezoning petitions. The proposed R-4 would be limited by a Use and Development Commitment (U&DC) to a 55,000 square foot building consisting of 40 assisted living beds and 60 skilled nursing beds for the elderly. It would also include a second 20,800 square foot building for memory care of the elderly. These facilities would be operated by Trilogy Health Services. The C-1 is proposed for doctors’ offices and contains a U&DC saying it would not allow student housing or apartments.

The petition to rezone a little more than seven acres from R-1 to R-4 was heard by the APC on February 11. We expressed some concerns concerning lighting, noise, delivery times, shielding trash receptacles from view along with the residents on Cherry Hill Drive desire for a privacy fence. The representative from Ramsey indicated that our concerns were addressed in Trilogy’s operating policies and that a privacy fence would be built. This petition was recommended by the APC for approval 9 to 0 with one abstention and subsequently approved by the County Commissioners unanimously at their February 17 meeting. The WIA did support this rezoning because it will complement the nearby neighborhood, will be a low impact traffic generator, is a needed facility on the Westside and is a good land use for that area. It meets most, if not all, of the criteria for good land use planning and the Comprehensive Plan.

The second petition requesting a rezoning from R-1 to C-1was continued by the APC based on the petitioners request to allow more time to better determine what might be developed on those three-plus acres. It had been indicated that it would be doctors’ offices but there was no assurance of that. We had previously mentioned our opposition to the proposed C-1 because it would allow 59 different uses for commercial and other uses, and could include a fast food operation. We didn’t feel that was compatible with the neighborhood and could represent a bad traffic situation on Middle Mt Vernon and for the neighborhood.

At this time, there are no proposed rezonings within the WIA boundaries on the March APC agenda.

We will keep you updated on these and other events as they occur. Agendas and minutes for both the APC and BZA including Staff Reports can be viewed at www.evansvilleapc.com.

As always, be involved.

Fred Padget

Fred Padget
 

The WIA position does not oppose the senior housing, students with family housing and the assisted living facilities. We do oppose the 40 acres of non-family student housing and the commercial. Eagle Village at Schutte Road and the Lloyd sits on 6 acres and can provide housing for over 2,000 students. How many students will 40 acres accommodate? In a Courier Press article, the number of non-family students to be housed on the 40 acres is 250. I’ll leave any assumptions to you. And, there is a legal concern about restricting housing for married or non-married students. The 105 acres of commercial is at least

Fred Padget

We will keep you updated on these and other events as they occur. Agendas and minutes for both the APC and BZA including Staff Reports can be viewed at
http://www.evansvilleapc.com

As always, be involved.

Fred Padget

The City Council did hear this petition to rezone at their September 8 meeting and voted six in favor, two opposed and the rezoning was approved. It now goes to the Mayor who can approve or veto.

Fred Padget

Fred Padget

Fred Padget

Fred Padget

Fred Padget

Fred Padget

Fred Padget

The second request is to rezone 2700 West Illinois Street from Residential R-3 to Residential R-4. This is the “old Marine Hospital” property of about 10 acres. You may remember in late 2004 there was an effort to rezone this property in order to accommodate a warehousing operation. There was a great deal of objection from the neighbors and eventually the Petition to

Fred Padget

Fred Padget

The County Commissioners, at their August 21 meeting, did approve the request to rezone 29.3 acres at 701 Jobes Lane. This rezoning had been continued from a previous meeting in order to provide time to develop some private covenants which we had requested. These protections provide that only single family dwellings, duplexes and condominium units be constructed and not used for apartments, that a portion of Jobes Lane be widened from the currently existing one lane road within 180 days after commencement of construction and that there would be no parking on this improved portion of Jobes Lane along with other considerations. The WIA did support this project.

The previously continued request by DPF, Inc., whose President is Jerry David , to rezone 6.9 acres from Agricultural to Commercial, C-4 with a U&DC at 4401 Hogue Road across from Bob’s gym is to be heard at the September 18 County Commission meeting. As you remember, this property is in Flood Zone A and in the Carpentier Creek floodplain which causes great concern. A C-4 zoning allows 174 uses while the U&DC will prohibit 16 of those uses including an automotive service station, welding shop, tire recapping, and a bar. Additionally, no billboards will be permitted except for a sign used to advertise businesses located on the property. Traffic and ingress/egress will also be an issue since Hogue is a two lane road in that area and this property partially sets on a curve and near the intersection at Rosenberger.

We will keep you updated on these and other events as they occur. Agendas and minutes for both the APC and BZA including Staff Reports can be viewed at www.evansvilleapc.com.

As always, be involved.

Fred Padget

The rezoning hearing for the Boehne Camp Hospital scheduled for June 14 APC meeting was continued until August to provide more time for the neighbors and the developer to hold informational meetings. The developer and neighbors did meet on  June 20 to hear details of the plan,

ask questions and express their concerns. As you remember, the Petition for Rezoning was filed by Arem Corporation requesting a change from Residential, R-4 to Commercial, C-2 with a Use & Development Commitment for this 5.1 acre site including buildings. Some neighbors are opposed to any commercial zoning classification while the potential for a liquor license was also an issue. Currently the R-4 zoning would allow high density apartments or even student housing similar to Eagle Village which would also seem to be undesirable at that location. At this point, the developer, Scott Anderson, is revising the U&DC and continuing to meet with the neighbors with the intent of trying to reach a mutually agreeable solution for the project. We’ll keep you informed as this rezoning petition progresses.

A Petition for Rezoning of 4401 Hogue Road has been filed by DPF, Inc., whose President is Jerry David, and will be heard by the APC at their July 12 meeting. This proposed rezoning from Agricultural to Commercial, C-4 with a Use and Development Commitment includes 6.95 acres on the north side of Hogue Road just west of Rosenberger Avenue and across from Bob’s Gym. The surrounding zoning classifications are Commercial, C-4, Manufacturing, M-2 and Agricultural. The property is in Flood Zone A and in the Carpentier Creek floodplain. A C-4 zoning allows 174 uses while the U&DC will prohibit 16 of those uses including an automotive service station, welding shop, tire recapping and a bar. Additionally, no billboards will be permitted except for a sign used to advertise businesses located on the property. Traffic and ingress/egress will be an issue since Hogue is a two lane road in that area and this property partially sets on a curve.

We will keep you updated on these and other events as they occur. Agendas and minutes for both the APC and BZA including Staff Reports can be viewed at www.evansvilleapc.com.

As always, be involved.

Fred Padget

The WIA has met with the owner, Scott Anderson, reviewed his plans and toured the property which, from a structural standpoint, is in surprisingly good shape. The plans for the apartments are great. And, he has already restored an old house that sits on the property to “like new” condition.

We have also talked with some of the neighbors who have concerns about added traffic on Boehne Camp Road as well as the limited commercial use. Based on those concerns, the petitioner is continuing the rezoning request from the June 14th meeting of the APC until, probably, August to allow time to meet and work with neighbors to arrive at a workable solution for all involved. The WIA will also be involved with both parties in this process to help find a satisfactory solution.

Another rezoning of interest to be heard at the June 14 meeting of the APC is a request to rezone 29.3 acres at 701 Jobes Lane from Agricultural to Residential, R-3. This area is west of Jobes Lane, North of Middle Mt. Vernon and borders against the Copper Creek Apartments and the Home Depot Shopping area. The stated use is condominiums.

At this point, we have concerns about the density and quantity of the condominiums, drainage which has been a problem with other development activity around that area and, especially, traffic. Jobes Lane certainly cannot handle any significant increase in traffic and, in fact, Jobes Lane cannot currently handle two-way traffic. This needs to be addressed by the developer or the taxpayers will suffer later on.

We will keep you updated on these and other events as they occur. Agendas and minutes for both the APC and BZA including Staff Reports can be viewed at www.evansvilleapc.com.

As always, be involved.

Fred Padget

Fred Padget

Last month I mentioned a request before the Board of Zoning Appeals (BZA) for approval of a Special Use Permit to allow a cellular tower at 3024 Orchard Road. This area is south of Orchard Road, between Fischer and Schaeffer Road. The request was continued to the February 15 meeting of the BZA at the petitioner’s request.

One other piece of news affecting the Westside, which I just recently became aware of, has to do with the Habitat for Humanity homes being built on the Eastside to replace homes lost in the devastating tornado of November 5, 2005. As contained in the Indiana Department of Environmental Management (IDEM) report dated December 22, 2006, the 12 acre tract being developed contains 12 forested wetlands ranging in size from .01 to .16 acres. To mitigate the loss of these approximate .98 acres of wetlands, the developer proposes to create about 3 acres of forested wetlands at another location. This proposed new location is near Bayou Creek adjacent to an existing forested wetland. The location is southwest of Burdette Park, east of Smuck Road near Bayou Creek. At this point, that is all I know. As we learn more, we’ll keep you informed.

Fred Padget

Fred Padget

A second Petition for Rezoning to be heard by the APC on October 12 involves 2323 and 2325 West Franklin Street. This building currently houses the Franklin Pastry shop and another business next door. The request is to downzone from a C-4 Commercial to a C-2 Commercial with the proposed use being for an office and restaurant with an apartment upstairs. The C-4 does not allow for any residential including apartments while the C-2 does allow apartments. This petition will also be heard by the City Council on November 13.

We’ve received notice of two items on the agenda for the October 19 Board of Zoning Appeals meeting. One is to maintain a gravel parking lot at 612 and 614 North Wabash Avenue for a period of one year. This is the parking lot across from Lefler’s Auto Repair and has received previous approval for a gravel parking lot. This request is actually for an additional year. The second request is to allow continued use of a parking lot constructed with milled asphaltic concrete material at 2336 Glenview Drive. This material is represented as not having dust problems associated with crushed limestone. The request is from New Image Travel, LLC., and will accommodate a new business in an existing building.

Although not specifically within the Land Use Committees area, I do want to make you aware of proposed changes in the local EPA (Environmental Protection Agency) Ordinance. Much of the change deals with increases in environmental fees for businesses from 10 to 16 percent. This would be the first increase in these fees since 2003. Additionally, based on a cursory reading of the proposed ordinance, there seems to be some strengthening of outside burning and other air quality issues. Keep in mind that although it is a city ordinance, the local EPA also has jurisdiction 4 miles into the county. This proposal comes about after two years of planning and preparation by the agency. The current ordinance is available on the Evansville EPA Web site along with a summary of proposed revisions, a proposed municipal code and a revised proposed code. The Evansville Environmental Protection Agency (EPA) is seeking public input on the proposed changes. Dona Bergman is the Director of the Evansville EPA. We thank her and her staff for the effort in developing the proposed changes to the ordinance.

For now, as always, be involved.

Fred Padget

Fred Padget

The second petition heard at the July 13th APC meeting involved a proposed subdivision of about 3.1 acres containing 4 lots located between Hogue Road and Blessing Way, west of South Faith Way. This petition was approved by the APC, 11 for, none opposed. The APC does have final approval for subdivisions. As you probably remember from last month, the primary purpose for this

The August APC agenda has no Petitions for Rezoning while there are 4 subdivisions to be heard, none of which are within our area.

For now, as always, be involved.

Fred Padget

In conjunction with this rezoning, the Mayse also asked for a zoning variance to continue with a gravel parking lot. The BZA approved this request on May 18. Bill Jeffers, Vanderburgh County Surveyor, and the WIA both spoke in support of this request. Generally, you would think we would prefer parking lots be hard surfaced with asphalt or concrete and, generally, that’s true although we could go into a lengthy discussion about the detrimental effects of impervious surfaces and the many newer techniques available for parking lot surfaces. In this particular case, the parking lot had previously been gravel and was in a mostly rural area. More importantly, Mr. Jeffers pointed out several advantages of a gravel parking lot including the ability to absorb storm water and filter various contaminates from the water. Also, an impervious surface, such as asphalt, causes the storm water runoff to be at an increased temperature, which can be detrimental to aquatic life and the health of the receiving stream. Bill also cited other positive aspects for the gravel lot but suffice it to say, he had a compelling argument in support of the gravel lot.

I mentioned that we could go into a lengthy discussion concerning newer methods of constructing parking lots. We should all become more aware of the effects that all impervious surfaces have on storm water runoff and the environment. When you consider that a considerable part of most parking lots are not used much of the year except for high volume shopping days such as before Christmas and the effects of the impervious surface is present all year long, there are many adverse environmental effects created. Maybe we can do a follow-up article addressing this concern in a future issue.

Another proposed rezoning heard by the APC on May 11 concerned 9.8 acres at 5300 Woodhaven Drive from Agriculture and Residential R-1 to Commercial C-4 with no U&DC. These 9.8 acres are on the northwest corner of Route 66 (Diamond) and Route 65. The stated future use is simply commercial with no further description. The C-4 zoning allows 174 different kinds of use including many that would not be satisfactory for the area. The area is currently agricultural with mid-to-expensive residential homes in the surrounding area and Resurrection School nearby on the opposite corner. As we discussed last month, the neighbors are adamantly opposed to the rezoning as it stands
 

There was also a request at the May APC meeting to rezone 3117 Broadway from Commercial C-4 to Residential R-2. Many years ago some areas were “blanket zoned” anticipating future use. This rezoning is simply to rezone in line with the current use. APC recommended approval and the petition was approved by City Council at their June meeting.

Also heard at the May APC meeting was a minor subdivision of 7.8 acres at Fischer Road and Kissel Roads to be split into two lots. Although this appeared to be a non-issue much discussion revolved around two other parcels that would become land-locked if the subdivision was approved as presented. After lengthy discussion, much of which involved technical matters, the petitioner and remonstrator agreed to work out the problem and the subdivision was approved. I point this out to demonstrate how seriously the APC works to prevent tracts or parcels of land from becoming land-locked with the potential of severely devaluing the property.

On May 18, the BZA heard a request by the Mater Dei Friends and Alumni Association for a variance to install a 106-space parking lot at 1336 New Harmony Road. It was approved unanimously

June zoning activity concerning the west side is very light. APC is scheduled to hear a request for a 3-lot residential subdivision of about 5 ½ acres on the north side of Hogue Road between Eickoff and Peerless Road. The BZA will hear a request from the West Side Nut Club for a Special Use Permit to install a 10.3 square foot electronic message board at their parking lot on West Franklin Street.

And, as always, be involved.

Fred Padget

Although we felt it would probably be approved because of the location, not requiring a zoning variance, various experts readily available to testify in favor of the special use, a recognized need in the area and other factors, it was disappointing that very few of the concerned neighbors who had strong feelings and rationale not to approve the project took time to attend or remonstrate at the hearing. I think it is important for those affected by the BZA decisions, or any other body making decisions about land use or other matters, to express their side of the story to help in the decision making process. We may not always win but that is the purpose of these meetings and helps to make better decisions for the entire community. One individual did express several concerns and requested New Cingular Wireless do several things including use of environmentally acceptable fencing of a color that would blend into the surrounding scenery, fence height of eight feet--which we feel fits within the zoning code, landscaping along the fence as well as maintenance and good housekeeping of the area. New Cingular had previously committed to the fence and agreed at the BZA hearing to some kind of tree plantings along the fence.

On April 13 the Area Plan Commission (APC) heard two Rezoning Petitions that involve our area. As I mentioned last month, one concerned a request to rezone .17 acres at 2810 Mesker Park Drive from Residential R-1 to Commercial C-4 with no Use and Development Commitment. As you remember, this is at the northwest corner of Diamond Avenue and Mesker Park Drive with another approximately eight acres bordering it and currently zoned C-4. This rezoning was recommended for approval by the APC and subsequently approved by the County Commission on April 18. The current plan is for a first class storage facility to be built and operated on the site by Herman & Kittle Properties of Indianapolis. Their market studies indicated a real need for first class storage, particularly business, medical, and other types of record retention. If pictures of what they’ve done in other areas are any indication of what will happen here, it will equal or surpass most storage facilities in the area. With low traffic volume and good security, this is probably a good use of this site.

The second rezoning heard by the APC at the April meeting affecting our area was a petition to rezone the property at 2233 West Franklin Street from a Commercial C-4 to a Commercial C-2. This is the currently vacant Risley’s store on the northeast corner of the intersection of Franklin and Michigan Street. The purpose of the down zoning is to allow the second floor of the building to be converted to loft apartments while allowing the first floor to continue with some type commercial operation. The C-4 zoning does not allow any type residential. The APC voted to recommend approval and the City Council will hear the petition for final action on May 8.

Another rezoning scheduled to be heard by the APC on May 11 is a proposal to rezone 9.8 acres at 5300 Woodhaven Drive from Agriculture and Residential R-1 to Commercial C-4 with no U&DC. These 9.8 acres are on the northwest corner of Route 66 (Diamond) and Route 65. The stated future use is simply commercial with no further description. The C-4 zoning allows 174 different kinds of use including many that would not be satisfactory for the area. The area is currently agricultural with mid-to-expensive residential homes in the surrounding area and Resurrection School nearby on the opposite corner. The neighbors are adamantly opposed to the rezoning as it stands and have met with the WIA as well as having some neighborhood meetings. The WIA board also voted to oppose this rezoning. The developer has not met with the neighbors at this point in time.

There is also a request to rezone 3117 Broadway from Commercial C-4 to Residential R-2. Many years ago some areas were “blanket zoned” anticipating future use. This rezoning simply brings the property in line with the current use.

Also, on this month’s agenda is a minor subdivision of 7.8 acres at Fischer Road and Kissel Roads to be split into two lots.

Lastly, we’ve been hearing rumblings of a new proposal for student housing at Middle Mt. Vernon and University Parkway, the same site recently denied by the APC and County Commission. I have no specific information about this potential but wanted you to know. If you hear anything concerning this, please call Mike Lockard or myself.

We’ll be watching this last item very closely and update you on the current proposed rezonings next month.  And, as always, be involved.

Fred Padget

The County Zoning Ordinance requires a tower of this type be set back from the nearest residence 2 feet for each foot of height or a minimum of 300 feet, whichever is greater. In this case, the minimum setback would be 380 feet. The nearest residence is about 393 feet away from the tower. This is a distinct difference from the tower recently proposed and denied on Felstead Road. In the Felstead proposal, a zoning variance was required because of one or more residences were sited within the setback area. How much that weighed into the BZA’s decision is not known but is a significant difference in the two proposals.
Also, the local Zoning Ordinance does not allow towers in Residential zoned areas without an approved zoning variance; however, this area is zoned as Agricultural even though it is considered residential in nature by most area residents.

This request was to be heard by the BZA at their March 16th meeting but was continued until the April 20th meeting after the attorney representing New Cingular and several concerned and affected neighbors met on March 14 at the Red Bank Branch Library.

There were many questions and concerns expressed at this meeting including the fact that some homeowners view would be impacted and the tower was felt to be unsightly and disruptive to those neighbors. Much discussion took place concerning possible other locations for the tower and, in that regard, the attorney asked that suggestions with specific information be forwarded to him and Cingular would consider a change if the landowner was agreeable and if it met the criteria of the defined search area. Subsequent to the meeting, the attorney did provide those interested with the search area boundaries, which turned out to be extremely limited.

There are two Petitions for Rezoning to be heard at the April 13 Area Plan Commission (APC) meeting. One concerns a request to rezone 2810 Mesker Park Drive from R-1 to C-4 with no Use and Development Commitment. I did mention this last month and it concerns a .17-acre tract on the northwest corner of Mesker Park Drive and Diamond Avenue. This .17 acre site is being added to the 8 acre site already zoned C-4 Commercial which is adjacent to the north and west of this site and under the same ownership. This area has a commercial zoning on three sides with a significant residential area to the east. There is no determined use mentioned at this time.

The second Petition is a down zoning from C-4 Commercial to C-2 Commercial for the property at 2233 West Franklin Street. This is the currently vacant Risley’s store on the northeast corner of the intersection of Franklin and Michigan Street. The purpose of the down zoning is to provide for loft apartments on the second floor while the main floor would remain some type of commercial operation. The current C-4 zoning does not allow for any residential use.
We’ll let you know the results of all these proceedings in our next newsletter.

And, as always, be involved.

Fred Padget

Sometimes no news is the news. That’s the case for the Land Use Committee the last couple of months. The west side has not had a Rezoning Petition since November and none are scheduled for February. Of course that will change and we’ll see our share of Rezoning Petitions as the year progresses. 

At the time of this writing, we do not have a judgment concerning the appeal by St. Charles Tower to build a cellular tower on Felstead Road. As you remember, the appeal hearing was heard in the Vanderburgh Circuit Court during December. A decision should be forth coming in the next few days or weeks and we‘ll update you in the next newsletter. 

Although not exactly a land use concern, another issue that’s been hanging around at least forever is the train warning signals promised for Ohio Street. This has been talked about and, supposedly, in the planning stage for years. I’ve heard about it ever since I’ve lived here and am beginning to believe it’s a “figment of my imagination.” As most everyone knows, it would provide a signal on each end of Ohio Street warning motorists that the street is blocked by a passing train and allow for motorists to use a different route. This might not solve all the areas air quality problems but would sure be a benefit for air quality as well as convenience for the motorists in the area.  It is almost always on the agenda of the EPD West Sector monthly citizens meeting and much credit to City Councilman Steve Melcher who continues to keep this project alive by addressing it at most every West Sector meeting. We wish those responsible for the installation would listen to Councilman Melcher and have some regard for the citizens of the area.           

And, if you are interested in CSO’s (combined sewer overflows), you can now receive notification whenever there is a possibility of overflow from the combined sanitary and storm sewer system. Simply send an e-mail to emceast@sigecom.net and write in the subject line: Evansville CSO Notification List. You’ll automatically be informed of potential CSO’s and the approximate locations. 

Also, if you are not already aware, you can automatically get city and county e-mail newsletters and notices by going to www.evansvillegov.org/home/index.asp and signing up at the left of the screen. These notices include a wide range of announcements, road closings, Mayoral announcements and other information. 

If you know of other non-commercial sites (government, organizations, etc.) providing e-mail notifications, please let me know and, perhaps one day, we’ll try to put together a comprehensive list of such resources. 

And, we want to congratulate and wish Stacy Stevens the very best in her position as newly elected President of the Area Plan Commission. Stacy has been a member of the commission for about three years and replaces Mark Foster who has stepped down from the President’s position after serving on the plan commission for several years. We thank Mark for his many years of service and wish him the very best in the future.   

As always, stay involved.

Fred Padget

In other matters, the blockage of Carpentier Creek at the CSX culvert, which we told you about last month, has been removed by CSX. This was a major blockage of the creek and we appreciate and thank CSX for taking care of it. We also thank Commissioner Musgrave for her advice concerning the project and we thank the County Surveyor, Bill Jeffers, for his involvement. Were it not for Bill and Gerald Jones, a near-by neighbor, becoming directly involved, I doubt the project would have been completed.

There is another blockage where the creek flows under Old Henderson Road. This is county responsibility and, although not as bad as the CSX blockage, it does impair the flow of the stream, especially during heavy rain. The county has committed to clearing it and, hopefully, it will be cleared by the next time we report.

Have you seen the new Kohl’s? It is a welcome and significant asset for the west side. The store front follows in the design of many of their stores but the landscaping looks as if it will exceed anything on the west side and, maybe, the entire area. The many trees and design of the creek area was required, at least to some extent, by regulations. But Kohl’s, along with the developer Dennis Owens, deserve the credit for compliance and, perhaps, going beyond. When spring arrives, the grass takes root and the trees leaf out, it should be a grand sight.

And finally, I especially want to recognize the many cards, e-mails and calls we received including a Letter to the Editor of the Courier Press thanking the WIA for our involvement with the neighbors in getting the proposed rezoning of 8530 Middle Mt. Vernon Road denied. We sincerely appreciate all the “thank you’s” but it would not have happened without the many devoted and involved neighbors of the area, and the time and effort they put into the project. It truly was the neighbors speaking up.

Fred Padget

The proposed project planned for as many as 32 buildings with 250 units housing a possible 1,000 students.

Although there was a great deal of testimony, the basic reasoning put forth by the near neighbors to reject the petition included; current conditions and character of the neighborhood, conservation of property values, student housing not being the most desirable use, the proposed project was not responsible growth and development, much concern for inadequate roadways and traffic safety concerns because of the added traffic along with several other concerns.

The neighbors developed and circulated a petition in opposition of the proposed project obtaining 100 signatures out of 101 surrounding neighbors. Westside Improvement met with the interested neighbors on 4 different occasions and assisted them with research as well as helping them to understand the process and prepare for the hearings. Generally 35-40 or more neighbors were very active in the process and maintained their high level of interest throughout the 4-month process. Jim Claybourn and others represented the neighbors very professionally and very competently. It was a great victory for neighbors of the proposed project and is a great example of how the system can work when people get together and present their case in a factual and rational way. The group was very special to work with and deserve much credit for their hard work and diligence. Congratulations to all the involved neighbors.
 

We are continuing efforts to convince CSX to remove blockage from Carpentier Creek where it flows though a culvert under the CSX railroad track. The blockage almost completely impedes the flow of Carpentier Creek and causes flooding on many farms. We have received a petition from 9 of the surrounding farmers or other landowners expressing need for the correction of the problem. In some cases, loss of crops and use of the property is lost and damages incurred. Since it is private property and not part of a “legal drain”, it makes the landowner (CSX) responsible. We continue to work on the problem and keep you informed.

Lastly, the development of Eagle Village student housing, the proposed student housing at Middle Mt. Vernon and the future potential growth of USI has pointed out some exceptions within our zoning ordinance. One has to do with additional parking requirements, over and above current requirements, for student housing and the corollary of assisted living homes that may need no, or very little parking. Additionally, in order to properly classify residential uses the question of defining students comes up. A proposal has been put forth to the APC concerning parking requirements for student housing but was tabled for future action. More work needs to be done in this area and we’ll keep you informed of any progress.

Fred Padget

The Petition by CAPE (Community Action Program of Evansville) to rezone 3012 Dearborn Street in the community of Howell from Residential, R-2 to Commercial, CO-2 was recommended for approval by the APC (Area Plan Commission) at their September meeting. Subsequently, the city approved this petition on October 10. The CO-2 classification is one of the lowest commercial categories and would allow an office. CAPE now uses the facility for two residential apartments. Their intention is to convert one of the residences to an office that would be used to provide some of their services at a local and more convenient location. Additionally, it would provide closer oversight of the residential apartment currently at that site.

The proposal by Moore Development to rezone 11.5 acres at Middle Mt. Vernon and Eickoff Road from Residential, R-1 to Residential, R-4 originally to be heard  by the APC during August has been continued once again, presumably until November. Neither the developer nor his attorney has communicated any rationale for the continuing delay of the proposal to us. The history of this developer seems to be one of non-communication and we’ve seen that with some of his other projects. We will continue to follow this proposal and keep you informed about this unneeded and undesirable project.

 

Also, at the developer’s Schutte Road project (Eagle Village), a Request for Special Use has been filed with the Board of Zoning Appeals (BZA) to allow a parking lot at 906 Schutte Road. This property is an abutting residence that the developer purchased and, presumably, is needed because our zoning codes do not address student housing and do not require sufficient parking for such a development. The BZA hearing will be October 20 at 4 p.m.

There are no Petitions for Rezoning that pertains to our area on the October agenda of the APC.

Recently, I received a call from an individual who is interested in developing the Northwest corner of Mesker Park Drive and Diamond Avenue. There are about
7-½ acres involved and it would be developed as a corporate office. Most of this area is currently zoned Commercial, C-4, with about 1/3 acre zoned residential. I’ve heard nothing more since the original conversation. We will keep you updated as new information becomes available.

Fred Padget

Last month we told you that the Vanderburgh Circuit Court would hold a hearing for dismissal of the appeal to permit a cellular tower at 5909 Felstead Road on August 24. The Board of Zoning Appeals (BZA) had previously denied this use for that location. The hearing was held with Attorney Joe Harrison Jr., representing the BZA. Most of the arguments for and against dismissal of the appeal dealt with legal technicalities and Joe did an excellent job of presenting arguments for the dismissal. At the time of this writing, we did not have a decision concerning the dismissal. We will follow up and keep you informed.

At the August Area Plan Commission (APC) meeting, the Petitions to Rezone 1923 Hathaway from Commercial, C-4 to Residential, R-1 and 2800 N. St. Joseph from Commercial, C-2 to Commercial, C-4 were both recommended by the APC for approval by the City Council and County Commissioners, respectively. The appropriate governmental body ultimately approved both. The Westside Improvement Association enthusiastically supported Rural King at both the APC and County Commissioners’ Meetings with its request to rezone the old K-Mart property. This property has sat idle for many years and the use of this existing property is an excellent example of “in-fill” development. We thank and commend Rural King for putting this property back into productive use and the benefit it will pass on to the community.

One of the Petitions to Rezone to be heard at the September APC Meeting concerns 3012 Dearborn Street in Howell. The Community Action Program of Evansville (CAPE) owns this property and the request is to change from Residential, R-2 to Commercial, CO-2. The CO-2 classification is one of the lowest commercial categories and would allow an office. As I understand, CAPE now uses the facility for two residential apartments. Their intention is to convert one of the residences to an office that would be used to provide some of their services at a local and more convenient location. Additionally, it would provide closer oversight of the residential apartment currently at that site. Based on what we know, the rezoning appears to make sense but we’ll investigate more toughly before taking a position.

And finally, the proposal by Moore Development to rezone 11.5 acres from Residential, R-1 to Residential, R-4 originally to be heard by the APC during August but continued until September was once again continued to sometime after September, presumably October. The developer and his attorney did invite the neighbors that directly abut the property to be rezoned to a meeting on August 30 to discuss this project. As soon as one of the neighbors realized that only the abutting neighbors were invited, she took it upon herself to clarify if other interested neighbors were welcome to attend. They were, but only after her calling the attorney. WIA, the Registered Neighborhood Association for that area, also did not receive an invitation. Not being bashful, Mike Lockard, WIA Land Use Chair, quickly clarified that with the attorney and, after some discussion, the WIA was allowed to attend.

The meeting started with the attorney saying the developer was starting with a “blank canvas” and would address the neighbors’ concerns as the design was completed. Before long it was apparent the project would be student housing. The neighbors expressed much concern about many specific issues: traffic and ingress/egress in an already traffic congested area, drainage, potential inadequacy of the sewer system (most of surrounding area is on septic systems), noise, light pollution, security, loss of property values (one person had already lost a sale when this project was announced) and many other serious concerns. All the neighbors present said they would welcome single-family homes in the area.  Some of them would be amenable to high-quality condos or patio homes.  All the neighbors present were vociferously opposed to any kind of apartments and most particularly to student apartments.

As the meeting progressed, the supposed “blank canvas” included 200-300 four-bedroom apartments equating to 800-1,200 student residents, more than double the 512 bedrooms at Eagle Village which is the developers original project on Schutte Road. The buildings would be three-story apartments surrounded by the current neighborhood of medium to high-income single-family homes and agricultural land (similar to “spot zoning“). The developer said this would be a “quality development” (remember what we were told about Schutte Road) and that he would be happy to have it in his backyard. Remembering that this is a “blank canvas”, we were told the neighbors’ concerns would be addressed in the next proposed plan. We’ll see. As usual, the threat of commercial development as the only alternative was made and the engineer can be quoted as saying “another developer might not be so willing to work with you”. If this is a willingness to work with the neighbors, then I must live in another world. The WIA will continue to work with the neighbors and we’ll keep you informed about this unneeded and undesirable project.

Fred Padget

The request to rezone 18 acres from Residential R-1 to Residential R-3 at 7920 Hogue Road was approved at the July Area Planning Commission (APC) Meeting along with a 30 to 35 home subdivision in the same area and known as Heartland Crossing. This area borders on the current Wolf Creek condominium site and Haas Development is developing both. The rezoning request was subsequently approved by the Vanderburgh County Commission during their July meeting.

The August APC Agenda includes Petitions to Rezone 1923 Hathaway Avenue from Commercial, C-4, to Residential, R-1 and 2800 N. St. Joseph Avenue from Commercial, C-2 to Commercial, C-4. The St. Joe location is the old K-Mart building that is going to be refurbished and opened as a Rural King Supply store and distribution center. It would be interesting to know how K-Mart operated with a C-2 zoning which would appear to be an incorrect zoning for that type operation. In any case, we are very happy to see that site back in use and welcome Rural King to the west side. And, we thank Rural King for making use of existing facilities. That is good and welcome land use.

Lastly, we’ve been working with Sam Wentzel, President of the Western Terrace Neighborhood Association, about a concern in the Western Terrace Neighborhood. Two houses are being built on N. Craig Avenue, which seems rather normal, except that N. Craig Avenue does not exist in that area. The street ends several hundred feet from where the houses are being built and neither the city nor the developer have any plans to extend the street to accommodate the houses. Rather, the plan, with the city's approval, is to extend gravel driveways across the approximate 50-foot city right-of-way and connect to Oregon Street where it currently ends. We’ve been of the impression that gravel was discouraged on city right-of-way yet an approval was given to do so. Also, this is in an established neighborhood of well-kept homes and the extension of Oregon is certainly not in character with the rest of the neighborhood. Perhaps more importantly, it could present a safety problem. The houses will be identified with the non-existent N. Craig Avenue addresses but the only way for emergency vehicles to get there is via Oregon Street. Local maps, which most emergency responders use, most likely will not show access from Oregon Street. Let’s hope that for the lack of a few hundred feet of asphalt to extend N. Craig, an emergency does not become a disaster. We have met with various city representatives and will continue an effort to correct this serious concern and keep you informed.
 

Fred Padget

Last month we reported that the Board of Zoning Appeals denied the Request for Zoning Variance and Special Use Permit for a cellular tower at 5909 Felstead Road. Subsequent to that denial, St. Charles Tower, Inc., filed a lawsuit in the Vanderburgh Circuit Court against the Board of Zoning Appeals requesting that the decision be overturned. The filing contained many reasons and legal arguments as to why the decision should be reversed. The hearing was to have taken place on July 6, 2005 but was cancelled at the request of St. Charles Tower, Inc., so that amended documents could be prepared. A new hearing date has not been set at the time of this writing. We will follow this and keep you informed.

The Petition to rezone about 7.5 acres at 4600 Middle Mt. Vernon Road from Residential R-1 to Residential R-3 was recommended for approval at the June Area Plan Commission meeting by a vote of 12 in favor, 0 against. As you remember, the plan is for 28 condominium units in 14 buildings with attached two-car garages and maybe a den or sunroom with the selling price starting around $160,000. The developer, on his own initiative, created a Private Covenant to save many trees as a barrier between the neighbor most affected as well as other nearby neighbors. The covenant contains other safeguards for the nearby neighbors as well and “runs with the land” which simply means that if the land is sold, the covenant remains in effect for the new owner. This rezoning was approved by the City Council on June 20.

The second petition concerning the west side scheduled to be heard at the June APC meeting was continued until July. This rezoning from Residential R-1 to Residential R-3 pertains to .18 acres at 7920 Hogue Road. This would become part of Heartland Crossing Section 3 which is currently zoned R-3. This area borders on the current Wolf Creek condominium site and Haas Development is developing both. A Subdivision Petition will also be heard concerning this property.

Of great concern is a Rezoning Petition recently filed to rezone about 11.5 acres at 8530 Middle Mt. Vernon Road from Residential R-1 to Residential R-4 with apartments as the stated intended use. The area lies just off Eickoff Road bordering on Willow Acres and West Terrace Subdivision. The great concern is that the petitioner is Greg Moore, the same Greg Moore that mislead us, the Area Plan Commission and our County Commissioners by telling us he was going to build “high rent” family apartments at Schutte Road. As you know, he built student housing. In that case, no Use and Development Commitment was presented and he refused to enter into a Covenant. This property is larger than the Schutte Road property and could very easily be developed as student housing. In fact, the R-4 zoning would allow apartments, dwelling for 3 or more families, group homes, supervised group living programs, sororities and fraternities. At this point in time, a Use and Development Commitment has not been presented for the Middle Mt. Vernon property. We’ve had no contact from the developer and this Petition to Rezone is currently planned to be heard at the August 11^th APC meeting. The question will come down to whether or not his proposal is a proper land use, we think not, and whether we can trust what he says, we think not.

As a point of interest, during August of 2000, Place Collegiate Properties proposed student housing for a 22-acre site at 201 South Eickoff Road, which is quite near the subject property. After much publicity and remonstration, the petition was recommended for denial by the Area Plan Commission and unanimously rejected by the County Commissioners. We will be very involved with the current petition for the property at 8530 Middle Mt. Vernon Road.

Last month we also discussed a request for variance to allow a cellular tower at 5909 Felstead Road. The neighbors were adamantly opposed and several remonstrated against the request. One of the arguments was that “wireless communication facilities that include towers are not permitted in residential districts” which is directly from the county zoning ordinance. Although this site is zoned agricultural, the area is, for all practical purposes, residential. Additionally, one of the criteria to be considered is that the variance must be in harmony with the current comprehensive plan. In this case, the current comprehensive plan indicates that most all of this area is planned to be residential, therefore, the special use would not be in harmony with the comprehensive plan. Another argument supporting rejection of the tower was that any variance required would not be created by the special use. In this case the tower is a special use and would
 

The June agenda for the Area Planning Commission (APC) meeting includes the proposed condominiums at 4600 Middle Mt. Vernon Road. The original petition, which was continued from May, planned for six buildings with 42 residential units. After meeting with neighbors, the plan has been reduced to 14 buildings with 28 units. Although, the plan could be further modified, most units would have an attached two-car garage and maybe a den or sunroom with selling prices starting around $160,000. The new plan saves more of the surrounding woods and is an attempt to accommodate nearby neighbors. Concerns about traffic, ingress/egress, Middle Mt. Vernon being only two lanes with short line-of-sight at a nearby intersection and other issues are still expressed by the neighbors. This developer, Goebel Commercial Realty, is currently building condominiums at the old brickyard on Upper Mt. Vernon as well as Hickory Lake, a 55 and older community, on Middle Mt. Vernon.

A second petition concerning the west side to be heard at the June APC meeting is for rezoning from R-1 to R-3 of .18 acres at 7920 Hogue Road. This would become part of Heartland Crossing Section 3 which is currently zoned R-3. This area borders on the current Wolf Creek condominium site and both are being developed by Haas Development.

Fred Padget

The first was a request for variance to allow an accessory structure larger than the residence for construction of an addition to an unattached garage at 3600 Detroy Road. This was first heard at the March BZA meeting but continued to April. We did report on the status at that time in our April newsletter. The zoning ordinance requires that accessory (stand alone) structures are not of greater square footage than the residence. In this case the new structure was to be over 3200 square feet, which was approximately twice the size of the residence. Additionally, the lot already had another free standing structure. The nearby neighbors objected to the variance and contacted the WIA via Mike Lockard. We assisted them in putting forth their argument. During the April meeting, Chair of the BZA asked the two parties to try to negotiate a reasonable settlement acceptable to both parties. After much discussion, the parties could not agree and, subsequently, the BZA once again continued the variance request until the May meeting.

Also on the April agenda of the BZA, were two variance requests pertaining to a proposed telecommunications tower at 5909 Felstead Road. One request was for the Special Use Permit that is required for such a structure while the second was for relaxation of the required minimum setback between a telecommunications tower and the residence from 370 feet to 168 feet. The Zoning Ordinance is quite clear about telecommunications towers not being allowed in residential areas. Some of this area is zoned agriculture although we think of it as residential. The owner of the property is an absentee landlord so there is no impact, except financial gain, to the owner. Since this is basically a residential area, regardless of zoning, the neighbors are very opposed. They have met and discussed this issue in great depth. At the April meeting the request was continued until the May meeting due to failure on the part of the petitioner to make the required timely notice to abutting landowners. We are working with Pat Conner, a WIA member and representative of the neighbors, in opposition of this zoning variance request.

The Area Plan Commission (APC) agenda for the May 12 meeting (now continued until June 9) includes a petition to rezone 4600 Middle Mt. Vernon Road from Residential, R-1 to R-3. The potential purchaser and developer is Goebel Investments. Marlin Goebel has a major interest in this group as well as the current Brickyard expansion on Upper Mt. Vernon Road and the on-going construction of Hickory Lake on Middle Mt. Vernon Road. The preliminary plan for this approximate 7½ acre site is for about 40 one-story condominiums. They would likely contain two bedrooms, although there may be some one and three bedrooms, all with a garage. Average selling price is expected to be in the range of $150,000. They would adjoin the Hickory Lake development. On May 4 the developer held a meeting with the neighbors and a second meeting is currently scheduled. The neighbors expressed several concerns dealing with traffic, sight barriers, esthetics and other valid concerns. The developer is agreeable to addressing as many concerns as possible within his jurisdiction. Based on his commitments and follow-through at previous projects, we would expect that to also occur with this project.

Also at the May APC meeting, a subdivision approval is being requested for a location at the corner of Big Cynthiana and Kuebler Road up near St. Joseph. At this point, I have no further information on this project but will pursue it and keep you informed.
And finally, just this morning (as I write this), I learned of some demolition work on-going at the old Boehne Camp Hospital on Boehne Camp Road. We’ll get into this and report back to you.

Also last month, we reported on two Rezoning Petitions heard by the Area Plan Commission (APC) at the February meeting. The first concerned an apartment complex of about 100 units at 601 South Boehne Camp Road, which was approved by the APC and forwarded to the County Commissioners for their action. The petition was heard by the Commissioners on February 15 and approved unanimously. The WIA supported this petition because it was included in the recently updated Comprehensive Plan, it would help to stop further sprawl of commercial development in that area, the developer’s good reputation with other projects and the plan being for a more upscale development. The developer is expecting to invest something over 7 million dollars on the project.

The second petition concerned 25 Dorothy Drive and requests approval for relaxation of the current Use and Development Commitment (U&DC), which limits development to only a warehouse/office operation. The new U&D, if approved, would allow for some limited retail. Most onerous commercial development would still be prohibited. This petition was approved by the APC at their February meeting and reported on in last month’s newsletter. The City Council will hear this petition on February 28 and we’ll bring you up to date on those results next month.

There is no rezoning involving the west side on the APC’s March agenda.

Finally, as we said last month, there is much construction activity currently taking place and more to begin. With the spring rains, storm water control and soil erosion become a great concern. And, when or if, the sun comes out to dry things up, dust becomes a concern. Since this area is usually close to, or in non-attainment for air quality, dust and other airborne contaminants become even more troublesome. If you observe anything that causes you concern, please take the time to report it to the proper officials. If you don’t know or can’t contact the proper officials, please make me, or any one of the WIA Officers or appropriate Committee Chairs aware of the situation. We don’t want to be obstructionists but we do want our ordinances and regulations followed and we want to assure a clean environment including air and water quality.

Fred Padget

There were two Rezoning Petitions presented at the February Area Planning Commission (APC) that affect the west side. The first was for an apartment complex of about 100 units at 601 South Boehne Camp Road. This is an area just south of the commercial development off the Lloyd and to the west of Boehne Camp. These would be upscale duplexes, triplexes and quadplexes. The developer, Allan Davis of Madisonville West Properties, seems to have a good reputation in Madisonville, Kentucky. He would try to minimize changes to the terrain and has committed to setting aside an area for future Greenway Passage development though that area. This would also stop future commercial development in that area and is planned for in the 2004 Comprehensive Plan. After discussion with several of the neighbors, the WIA supported this project. It was recommended for approval by the APC, 9 for, 0 against with 1 abstention, and will be heard by the County Commissioners on February 15th.

Ground was recently broken for a Deaconess Medical Center in this same vicinity and had been approved some time ago.  The second Petition presented at the February APC meeting pertained to 25 Dorothy Drive. As you may remember from a couple of years ago, this area was rezoned C-4 Commercial by Dennis Owens with a Use and Development Commitment limiting use to a warehouse and office operation. The proposed rezoning would allow a limited amount of commercial which would fit into the overall development of the proposed Kohl’s at a nearby site. There are three remaining homes in that area and the residents are

As a sidelight, construction of the proposed Kohl’s should start around March of this year.

In the last newsletter, we spoke of several safety-related problems at the new Wal-Mart site including lighting and road markings. As we determined, there are ordinances regulating lighting from parking lots if it presents a hazard to roadway traffic. Wal-Mart has reacted by partially correcting that problem but there are still some lights that are a safety hazard to traffic southbound on Red Bank. The original road markings have been removed and replaced with new, relocated road markings. Although the intersection still confuses me, it is more in line with the approved plan. Also, Wal-Mart has agreed to place a guardrail along the west side of Red Bank where a seven to ten foot drop-off occurs. The APC Director, Brad Mills; the City Engineer, Pat Keepes; and the County Engineer, John Stoll have been very helpful in getting Wal-Mart to recognize and address these problems. We thank them for their help and concern.

There is much construction activity in the area and with spring upon us (I hope) there is a great potential for soil erosion, drainage problems, mud on roads and other environmental concerns due to the construction. If you become aware of problems, please make someone in the WIA aware of the concern. See Board of Directors for contact information.

Fred Padget

A plan for a minor subdivision, Knight Shire Estates, located south of New Harmony Road on Robin Hood Drive in German Township was heard at the January Area Plan Commission (APC) meeting. The plan is for three homes on approximately 13 acres and was approved 11 in favor, 0 opposed.

A petition to rezone 601 South Boehne Camp, a tract of land south and west of Tobacco Road and Raben Tire, from Agricultural to Residential R-3 for a planned multi-family development was not heard at the January APC meeting as scheduled. This petition was continued to the February 2, 2005 meeting at the petitioner’s request. We have met with the petitioner, Madisonville West Properties, Inc., and their attorney to review the plan but have not yet talked with neighbors. The plan includes duplex, triplex and quadplex buildings. We’ll also keep you informed as this petition moves though the system.

Another petition affecting the west side and to be heard at the February 2 APC meeting concerns 25 Dorothy Drive. As you may know, this property is owned by Dennis Owens and is currently zoned Commercial C-4 with a Use and Development Commitment (U&DC) limiting development to a warehouse/office operation with certain other commitments. The petition requests a change in the U&DC to allow other limited commercial business. This is part of the area where the proposed new Kohl’s may be built.
 

Fred Padget

The second concerned a special use request for an electronic message board at the McDonald’s on Rosenberger which was also continued to the June hearings.

The third, and probably most ridiculous request, was for a special use permit to allow a vehicle racetrack at 9750 Strueh-Hendricks Road. This is a five-acre site surrounded by residences. Interestingly, the racetrack, for the most part, had already been constructed and in use. It includes two ramps, a banking turn, and washboard bumps. Needless to say the neighbors were severely upset with the noise, dust and mud being tracked to roadways not to mention illegal use by underage drivers creating many safety issues on the local roads. The neighbors were well organized with several remonstrators presenting their case to the board including petitions and many pictures. The neighbors prevailed with the request being denied by the Board of Zoning Appeals. Only residents living at that property can continue to use the track. WIA did work with and provided some advice to the neighbors but they basically carried the arguments forward. This is how it should be done and a great example of what neighbors can accomplish when organized.

The two recent rezoning petitions we’ve previously discussed pertaining to the Carpentier Creek Pavilion and expansion of the Brickyard Apartments were approved by the Evansville City Council on May 17, 2004. In the case of the Brickyard Apartments, the original plan was to expand with additional apartments. The developer has since decided to expand with 30 condominiums and possibly more later. The plan is to market them to the 55 and older population.

In other land use matters, Wal-Mart construction continues. I understand they were recently fined for not maintaining dust control and many of the neighbors are very frustrated with it all. They do not intend to install landscape barriers as was committed to by the previous owner when the rezoning was approved. They contend that Wal-Mart had no commitment. As you know, the previous owner was Gene Hahn. However, we did meet with a Wal-Mart representative recently and he acknowledged that some commitment was made and they might try to do something. At this point, there is little or no room left along Red Bank for much of any type buffer let alone the landscape buffer that had been committed. As a point of information, the availability of sewers for some of the neighbors were also part of that commitment not being honored. As we understand from the County Engineer some road widening will take place, at least as far as the Wal-Mart property extends along Red Bank.

You have probably also noticed “land grubbing” activities behind the Back Yard Burger on the property previously known as the Roe property. We are currently not aware of any specific plans other than commercial development for that area. We will try to get more information about it.

Finally, as you probably know, Zeller’s Master Tire request for an alcohol permit dating back to December 2003 was approved on May 18, 2004 after many remonstrators including Councilman Bagbey and Commissioner Crouch, Mike Lockard and myself as well as many others spoke in opposition to the permit. Both the City and County had passed resolutions to curtail the expansion of alcohol permits due to a more liberal definition of a grocery store. We felt this was the beginning of a dangerous “slippery slope”. The approval of the permit included some bizarre action when one of the board members abstained from the vote. The subject board member than carried on a private discussion with an attorney representing the applicant while the meeting was adjourned. Within seconds of the adjournment, the board member requested the meeting be reconvened so he could change his vote from an abstention to one in favor of the request. Truly bizarre. Appeals are in process including one by us.

At the May APC meeting there were three rezoning petitions within the WIA boundaries. The first pertained to the Brickyard Apartments on Upper Mount Vernon with Goebel Commercial Realty as the developer. In this case, the request was to rezone an area of mixed zoning consisting of Residential, Commercial and Industrial to an R-4 Residential in order to allow for construction of condominiums. These condominiums would be in addition to the existing apartment complex. The developer had met with the neighbors to hear and address concerns on two occasions in addition to some individual meetings. Carolyn Stagg, President of the Hilltop Neighborhood, also attended these meetings. Based on the current zonings which would allow some extremely undesirable development and the history of this developer for quality work and good working relationships with neighbors, we supported the project. It was approved unanimously by the APC on May 5. This is a good alternative for the land use while accomplishing some residential in-fill that may help to save some farm land in the future.

The other two petitions presented at the May meeting involved the Carpentier Creek Pavilion area. One was for the rezoning of two lots on Dorothy Drive from Residential to Commercial with Use and Development Commitments to become part of the overall development of this area. The developer (Dennis Owens) currently owns these lots and will remove the existing houses. He would like to purchase the remaining homes in that area if an equitable deal with the owners can be negotiated.  The other petition was to sub-divide the Carpentier Creek Pavilion area between the Lloyd and Hogue east of Rosenberger so that out-lots could be developed for other businesses. As you know, Kohl’s is the major business planned for that area.

We also supported both of these rezoning petitions. However, with all the petitions, we did point out our serious concerns about traffic, especially at the five-point intersection of Upper Mount Vernon, Mount Vernon Avenue, Tekoppel, Maryland, and Hogue as well as the increased volume of traffic already on Hogue and Rosenberger with the assured potential to increase. This is something EUTS, the city and county must address.

In other land use matters, Wal-Mart construction continues. I understand they were recently fined for not maintaining dust control and many of the neighbors are very frustrated with it all. They do not intend to install landscape barriers as was committed to by the previous owner at the APC and City Council meetings when the rezoning was approved. They contend they (Wal-Mart) had no commitment. As you know, the previous

Some items coming up at the May 20th Board of Zoning Appeals include a petition for a Special Use Permit at 9750 Strueh-Hendricks Road for a vehicle racetrack. I’ve already had several calls from concerned neighbors and a neighborhood meeting will probably be held to discuss the project. Two other petitions concern signage. One is a variance request by the new Wal-Mart to increase the number of signs allowed from 6 to 21 and an increase of nearly 200% in square footage of signs. The other request is for a special use permit to allow McDonald’s on Rosenberger use of an electronic message sign. I will keep you informed as more information about these requests becomes available.

Lastly, you remember my previous discussion concerning the appointment of the Executive Director of the Southwestern Indiana Builders Association (SIBA), whose members include many home builders, remodelers and developers, to the APC. Remembering that when Michael Lockard was appointed to the same commission about 1 ½ years ago, the APC’s Legal Counsel determined that his involvement with the WIA was a conflict of interest and he would need to divest himself of those interests. The explanation recently given to me by the President of the APC was that since the WIA occasionally remonstrated at the APC hearings, it would be a conflict of interest to allow Mike any position in WIA including his membership. Further the explanation was expanded to include petitioners as well as remonstrators so that, in effect, any individual appointed to the APC belonging to a group that might petition or remonstrate before the APC would be a conflict of interest. Mike fit this category and was required to remove himself from the WIA.
At the May APC Hearing a member of the SIBA was a petitioner in a rezoning and nothing was said nor did the SIBA representative recluse himself from the vote. I could talk about fairness, clarification of “conflict of interest”, equal application of policy or, perhaps, a mistake in a previous decision but other, more sinister, thoughts also go though my mind. I hope the former is what happened rather than the latter.
However, since there are Realtors, bankers, lawyers and others who have special interests that potentially may also be benefited by APC decisions, I think it would be appropriate, and equitable, to revisit the decision concerning the practicality and application of the APC Policy concerning conflicts. We’ll keep you informed.

A meeting between the developer, Goebel Commercial Reality, and concerned neighbors was held recently to discuss the proposed expansion of the Brickyard Apartments. Several concerns were expressed ranging from traffic, type of construction, noise, type of renters, safety issues and a desire for nothing to be built. There was much discussion but, in the end, most of the attendees seemed satisfied. There would be a certain amount of buffer between the apartments and neighboring houses, improved landscaping and removal of the railroad tracks along Upper Mt. Vernon and across the road. This area is currently mixed zoning of Residential, Commercial and Industrial. The apartment expansion seems to be a good land use compared to other uses that could immediately be constructed with no rezoning. The development of Hickory Lake on Middle Mt. Vernon is also being done by the Goebel Group. In both cases the developer did spend much time in listening to and trying to address neighbors’ concerns. We appreciate his efforts in that regard. The rezoning petition is now scheduled to be heard by the APC on May 5^th and the City Council on May 17^th.

A petition to rezone 8845 Vienna Road will be heard by the APC at the April 7th Meeting. This is an area currently zoned Commercial with a Use and Development Commitment. The petition requests a down zoning to agricultural.

The WIA was recently requested by a potential buyer to review a property at 1330 West Columbia where an individual wishes to establish a small archery and bait shop. The property is currently used as a residential rental but zoned commercial and does not require a rezoning. A variance for parking would probably be needed. It is in a mixed use zone and the property is in need of improvements. We supported the project.

The Board of Zoning Appeals heard a petition at their March meeting by Murphy Oil USA for relaxation of signage requirements for a proposed gas station on Pearl Drive near the Old National Bank. The request was for 8 signs as opposed to the allowed 2 signs. However, the total square footage would be less than allowed and the signs would be attached to the building. Actually it will be less obtrusive than would otherwise be allowed. 

Construction at the new Wal-Mart site off Red Bank is much improved from that reported previously although there are still some complaints about late night work and noise. And the proposed Kohl’s between the Lloyd and Hogue and off Rosenberger is still in the works although I don’t have a construction start date. The developer has removed some additional trees in that area but did have the proper permits to do so.

We recently received a 30 day Public Notice Report from the Indiana Department of Natural Resources informing us that David Enterprise at 4301 Hogue Road is planning to develop a commercial storage facility along the west side of Carpentier Creek at that location. The facility will consist of a pole barn with no parking area provided and will require 2 - 2.5 feet of fill over a 70 foot by 120 foot area along the creek area. At this point, we have no opinion but will do the research to determine if we should object. The deadline for comment is April 10th.

Lastly, as you may have read in the Courier & Press, Jeff Hatfield resigned from the APC and was replaced by Bill Pedtke. I’ve worked with Bill on some other issues and have the highest regard and respect for him. However, he is also the Executive Director of the Southwestern Indiana Builders Association which includes many home builders, remodelers and developers. Remembering that when Michael Lockard was appointed to the same commission about 1 ½ years ago, the APC’s Legal Counsel determined that his involvement with the WIA was a conflict of interest and he would need to divest himself of those interests, what now? Mike was an unpaid participant of a “special interest group” (betterment of the West Side) while Bill is paid to represent the “special interests” of home builders, developers and remodelers who have a direct interest in the decisions of the APC.  I have talked with the President of the APC who is going to discuss this with the legal counsel and address the subject at the April 7th APC meeting. We will be watching closely. 

This project, along with the Carpentier Creek Pavilion and the new super Wal-Mart, are going to contribute considerably to an already serious traffic problem. Once again development is far ahead of infrastructure to support the increased activity. We’ll watch the activities, keep the proper officials informed, if necessary, and keep you informed.

The petition to rezone an area east of the existing Brickyard Apartments along Upper Mt. Vernon Road scheduled to be heard by the Area Plan Commission (APC) on March 3 was continued until April 7 at the developers ‘ request so a meeting could be held with interested neighbors. The WIA has worked with this developer previously and applauds his concern and willingness to meet with neighbors and attempt to address their concerns. The developer of the property is Goebel Commercial Realty who also have developed an area on Middle Mt. Vernon along with a north side apartment complex.  Currently the project includes potential removal of the existing railroad track in front of and in the street near the proposed development. Once completed the new construction will include a landscape buffer of pine and various other trees.

As you’ll recall from previous reports, the current zoning ordinance does not require a rezoning for a subdivision of any size if the land is zoned agriculture. Once the Subdivision Review Committee is satisfied that requirements of a Check List have been met, the APC is compelled to approve it. It does not need approval of the County Commissioners or the City Council as does all other rezoning. No approval of an elected official is required and public input, for all practical purpose, is shut out. To put it in perspective, if the owner of a single family home wished to convert it into an apartment, a rezoning approval would be needed as would many other changes of land use. Again, a subdivision with any number of homes in an area zoned agriculture wound need no rezoning approval. We are involved in this effort and will keep you informed.

At the February meeting of the APC, Berendes Minor Subdivision, which had previously been continued from previous hearings, was heard. On the surface this appeared to simply be a minor subdivision of two homes on nearly 18 acres. However, as they say, this is the rest of the story. One lot contained slightly more than 15 acres while the other lot was only 2.5 acres including right of way. As you know there is a 2.5 acre requirement for septic systems. The question became whether or not right of way should be included in the 2.5 acre calculation. This question has a major implication. If a lot of 2.5 acres is made up of mostly right of way, which could be a paved road, does it still qualify as a 2.5 acre lot. After much confusing discussion, the APC approved the petition including the right of way based on other similar areas being approved in the past. This is a question that deserves more study and follow-up. At the same time, this 2.5 acre lot was an exaggerated U shape which begs the question; how extreme can the configuration of the lot be and still meet the intent of the 2.5 acre restriction as it applies to septic systems? I don’t know but the question will come up sooner or later.

Sam Wentzel and I recently met with Marlin Goebel and Kevin Goebel concerning a proposed expansion of the Brickyard Apartments on Upper Mt. Vernon. This would expand the current number of apartments by approximately 120. One of the major drawbacks is the increased congestion that would be created at the 5 point intersection of Upper Mt. Vernon, Tekoppel and Hogue Road. This, coupled with increased traffic on Hogue as the Carpentier Creek Pavilion is developed, will exacerbate an already congested intersection and needs to be addressed. On the other hand, potentially the railroad crossing and track in that area will be removed and replaced with some decent landscaping. We’ll continue to follow this project.

On February 3 an informational meeting was held at the Resurrection School to assess neighbors interest in providing city sanitary sewer service for the area in the immediate vicinity of Bockelman’s Restaurant. The restaurant has been closed for some time because of inadequate sewage disposal. The line would serve the restaurant but could be designed to accommodate several homes in the immediate vicinity. This could be a significant asset to the currently area which is not served by sewers. The plan is proposed by Paul Neville represented by attorney Les Shively and Morley and Associates.

Concerning Carpentier Pavilion, Developer Dennis Owens has submitted a plan to the Indiana Department of Natural Resources (IDNR) for further development of the area north of the Lloyd, south of Hogue and east of Rosenberger. It is a lengthy plan and includes relocating and widening the Carpentier Creek channel, removing the two nearly 90 degree turns in the creek and planting native shrubs and hardwood trees along with landscaping. This may relieve some of the recurring flooding at Rosenberger and Hogue. Spottail Darter fish are reported to live in the area and no work will be allowed in the waterway during April 1 to June 30 to protect the species. A portion of Rosenberger will be widened to 4 lanes. Ingress/egress will be off Rosenberger across a bridge over Carpentier Creek in the proposed retail area. The plan has much more detail and we’ll report more as work progresses.

This area had previously been used as a non-compliance land fill by Jerry David and had been under a DNR violation for as long as 13 years. The violation involved dumping of trash and other debris into Carpentier Creek and the associated floodway to the extent water flow in Carpentier Creek was severely affected. During the approximately 13 years the violation was outstanding, no effective action was forthcoming from IDNR (Indiana Department of Natural Resources) or IDEM ( Indiana Department of Environmental Management).

As part of purchasing the property the current developer was required to clean up the violation and put the property back into compliance. This was done to the satisfaction of IDNR and, quite honestly, the developer did a pretty good job. He protected the mature trees in the area and did a good job of controlling potential soil erosion by seeding and irrigating while using other best practices.

WIA spoke against this petition at the APC meeting, citing many examples of previous poor development practices at the Dorothy Drive property and especially with the Carpentier Creek Pavilion area between the Lloyd and Hogue Road east of Rosenberger. As you’ll recall this is the area denuded of trees along Carpentier Creek and with many other objectionable practices being allowed.

The APC voted six in favor with five against. In order for a project to go forward with a recommendation it must have seven7 votes in favor or against. In this case it went forward to the City Council with no recommendation.

Whether this turns out as a good decision or poor judgment will be played out as the area develops. Our rational for supporting the project, in addition to the commitments, was based on the fact that this area will be developed sooner or later by someone and our judgment as to who the WIA could best work with to accomplish a development significantly better than now exists in this area. The developer has heard us in the past and understands much undesirable and unwanted media attention can be caused by performing at less than acceptable and appropriate standards. This is a chance to move the bar up for other developers and improve the standard of future development in this area. It is the commitment of this developer to do just that. We hope our faith is upheld. The future will tell.

A second petition for rezoning of 2751 Allen Road from Agricultural to R-3 was again continued. This would be for condominiums and is now scheduled for hearing on January 7, 2004. Additional petitions to be heard in January include several lots on the west side of St. Joe at Delaware to be rezoned from C-2 and R-2 to C-2 for a proposed full service Walgreens, part of Berendes Manor on New Harmony Road near the Koring Road intersection and a down zoning at 2305 W Franklin Street from a C-4 to C-2 zoning. We’ll report on these petitions in our next news letter.

Fred Padget
Acting Chair

As a side light to this petition, it has been clearly established by many court cases that the APC must approve subdivisions if the Subdivision Review Board has approved the subdivision and cleared the check list for subdivisions. The APC has no option but to vote approval in this circumstance. As you may know the APC is final approval for subdivisions. Further, subdivisions of any size do not require a rezoning if the land is currently zoned agriculture. All court challenges to this have been upheld in favor of the developers and against APCs though out the state. The local APC is currently involved in lawsuits concerning this and, in the case of the Mohr Road subdivision, the suit could involves several million dollars.

The Petition for Rezoning of 4011 Wolcott from R-1 to M-2 for operation of a machine shop was heard at the September 3 APC Meeting and forwarded with no recommendation to the Commissioners with vote of 5 in favor, 4 against and 1 abstention The Commissioners unanimously approved the petition on September 15. The petition included a private covenant restricting the type of business and a petition from surrounding neighbors approving the project.

Within the WIA area, there are three minor Subdivision Projects on the current Subdivision-Design Review Committee Agenda for October 14; Harmony Way, south of the intersection with Allen Lane, Mohr Road, west of the intersection with St. Joe and Broadway Avenue, south of the intersection with Bayou Creek Road. We’ll keep you informed as more information becomes available.

Frequent complaints about dust at the Carpentier Creek Project are still being made. As I understand, EPA recently inspected and fined the developer for this lack of dust control. At this writing, I’m not aware of the surrounding details.

Fred Padget, Acting Chair

We’ve also had complaints about the fenced lot at Cumberland and Broadway in Howell concerning unsightly storage of equipment. However, the fence meets requirements of the ordinance pertaining to fencing and the appropriate agencies can do nothing more.

There have been many complaints about the Carpentier Creek Pavilion (Owens) Project concerning much dust and occasionally mud. The Vanderburgh County Soil and Water Conservation District and County Engineers Office have been contacted. Owens has been warned about the problem but conditions have not changed. Additionally, he does not have proper construction entrances in place. We will continue to follow up with the appropriate agencies and meet with the developer if necessary.

There is a minor subdivision request coming before the Subdivision-Design Review Committee for an area on Deshields Drive north of the intersection with Broadway. I have no details at this point but will pursue.
 

At the September APC Meeting a rezoning petition to change from an R-1 to an M-2 zone at 4011 Wolcott was heard and voted on with 5 in favor, 4 opposed and 1 abstention. It will proceed to the County Commission with no recommendation. The M-2 zoning would allow 322 different kinds of commercial, manufacturing and other type businesses. A Private Covenant was presented to reduce the type of businesses that could be established. The owner of this property wishes to establish a small machine shop and most neighbors had signed a petition to allow the requested rezoning. One person remonstrated.

USI recently applied with the Indiana Department of Natural Resources (IDNR) for approval to construct an earthen dam and create a 5.8 acre lake. This would be in an unnamed tributary of Bayou Creek. The project will include covered decking to serve as an observation and fishing pier.

Fred Padget

Although there is plenty of physical activity concerning land use on the West Side, there have been no major projects before the Area Planning Commission (APC) for the area. Last month a plat revision for part of Section 12 in the Vintage Commercial Park located on St. Joe north of the intersection with Industrial Park Drive was approved. Some concern was expressed about potential drainage problems but there was no strong objection to the project.

Coming before the APC during August are four petitions concerning the West Side. One is for a change in the Use and Development Commitment concerning Wolf Creek Court. This is an R-3 zoning. Two others are down zonings, one at 3134 North Fulton requesting a change from C-4 to an R-1 and 1630 Harmony Way from C-1 to an R-2. The fourth concerns part of Section 20 in Heartland Crossing off Hogue Road.

             Fred Padget

As one person put it, this is the lesser of two evils. In any case we hope the developer heard us, and the other remonstrators, and proceeds to make it a first class development while addressing the expressed concerns. We’ll keep you updated on the project.

By the time you read this, another major rezoning for the west side will be in progress. A Petition For Rezoning of approximately 35 acres at 2750 Allen’s Lane from C-4 to C-2 with a Use and Development Commitment was to be heard by the Area Planning Commission on May 7, 2003. The proposed area is on the South of Allens Lane between St. Joe and Mesker Park Drive. The proposed development will be similar to Leisure Living West and will be adjacent to it with open space and Locust Creek between.
                                   report by Fred Padget

In conjunction with this and other projects, many feel there should be no further development of any kind on the west side. And I would probably agree that would be nice. But realistically further development is going to happen for several reasons. First development is generally driven by the market. People want to sell land which is their right and people want newer housing, shopping convenience and many other things new development provides them. Local government likes it because it helps to increase the tax base. And, although growth is not inevitable, as population grows so does development. I’ve expressed many times a question as to whether our not this area can continue to support the rate of growth we’ve seen recently with the small population growth we’ve experienced. In fact population in Evansville has declined every census period since 1960 and based on the 2000 census is 17 percent less than in 1960.

While the city has lost 17 percent in population, the total county has increased by less than 4 percent over that same period. Of course this area is a now a large regional economy and that complicates the statistics. We are the hub of a large surrounding area.

We will continue to monitor the development of Carpentier Creek Pavilion and hope, as the developer has said, that this will be a first class development.

A couple of other significant things are happening in the land use area. The Area Planning Commission recently approved a petition for rezoning to residential apartments property at Schutte Road and the Lloyd. The plan calls for 10 buildings of 8 two bedroom apartments or 80 apartments. This will be on a nearly six acre site. The developer is the Moore Investment Group, LLC. As you will recall last year a planned commercial and residential development for this area was denied by the County Commissioners. The current rezoning petition goes before the County Commission on April 21, 2003.

Also an area on Allens Lane west of St. Joe will be coming before the APC in the next month or so. Plans are for construction of a facility on the South side of Allens Lane similar to Leisure Living West and eventually some condominiums on the north side of Allens Lane. We’ll keep you informed as this progresses into the system.

Over the years the west side of Vanderburgh County has seen a significant increase of land use issues and the past year was no exception. Some of this was expected growth and, although not everyone would agree, was done in a more or less logical and planned manner; and in conformity with the 1996 Comprehensive Plan. Some was far beyond that which would be considered “smart growth”. Although we are concerned with all land use issues, it is the latter with which we are most concerned.

The first petition for rezoning on the west side this past year involved expansion of a mobile home park on Rechtin Avenue and fell into the inappropriate and poor planning areas of concern. Working with the neighbors, we were successful in having that project reconsidered and eventually withdrawn. At the same meeting we heard about 111 N. Red Bank Road . Although this area was eventually rezoned commercial , there were several use and development (U & D) restrictions put in place. There was much concern later as the developer begin to drain the lake but with the assistance of many agencies, the project was brought into minimal conformance.

About the same time rezoning was petitioned separately for both the east and west sides of Red Bank, south of the Lloyd. The rezoning to the east of Red Bank was not something the neighbors wanted to happen in any manner. It became quite obvious it would eventually be approved because of traffic and safety considerations and the best we could do was to gain some restrictive U & D’s along with some restrictive covenants.

From late summer through the year end, we have been heavily involved with property located north of the Lloyd between Rosenberger and the railroad to the east. Again we made extensive use of restrictive private

covenants and U & D’s . About 19 acres of this property have been rezoned for commercial use. We’ve had many meetings with the developer and he seems very interested in “doing it right.”  We have special concerns as it borders Carpentier Creek and poses many traffic flow challenges. We will watch closely as the project progresses.

Related to this project, the developer has purchased the area directly south across the Lloyd previously owned by Jerry David. As you are probably aware, this property was filled and has been out of compliance for a decade or more. The developer, in conjunction with DNR, has plans to bring the area back into compliance. This would be good news since that area also involves Carpentier Creek.

The reason we’ve become so supportive of covenants and U & D’s is to help control the type of business we have far into the future. The Area Planning Commission, as well as both the City Council and County Commission, understand and embrace the philosophy of covenants and U & D’s to protect us from undesirable types of business in the future. There are times certain projects are not appropriate and we’ll work hard to assure that the governing agencies agree and stop unwise development. At the same time, things are going to change and we will have growth. In that case we want planned and logical growth with proper protection for the future.

During 2003 we again will be faced with many land use issues. We’ll look for direction from our Board of Directors, use our best judgment for the welfare of the west side and work toward “smart growth” with a concern for the future.

Your support and assistance in letting our City and County officials know that the proposed rezoning on Red Bank Road needs additional safeguards and planning is needed now more than ever. Our leaders need to know that any development that is proposed on the West Side needs control to assure that no negative impact occurs. There are a variety of traffic, drainage, erosion, and pollution issues that must be addressed. It is thru the voice of the people such as those in the Westside Improvement Association that we will continue to grow in an orderly fashion.

"Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it is the only thing that ever has."
                                                                               --Margaret Mead

This means the Evansville City Council and Vanderburgh County Commission meeting on February 25 will still be hearing the request for 111 North Red Bank Road, which we are advising against.

Michael Lockard, Chairman
Land Use & Planning Committee
Westside Improvement Association
mlockard@sigecom.net
401-5249