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 

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