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Zoning 101 - Fred Padget on
Understanding Zoning
Comprehensive Plan Update - September 2006
November 2008
The County Commissioners at their
October 21st meeting did approve the proposed rezoning of the .7 acres
at 545 Dugan Trail from Residential, R-4 to Commercial, C-4 we wrote
about last month. As you remember, this parcel is on the east side of
Boehne Camp Road, south of Pearl Drive and bordering the Copper Creek
Apartments.
Last month I also wrote about a proposed rezoning involving 5001 New
Harmony Road requesting a change from Commercial, C-4 to Manufacturing,
M-1 with a Use and Development Commitment. This is a vacant service
station the owner wants to convert for restoration of classic cars and
requires the M-1 zoning to allow auto body work and painting. Other M-1
uses would be prevented by the Use and Development Commitment. The APC
voted unanimously to recommend approval of the rezoning at their
November 13th meeting. The County Commissioners will hear the petition
on November 18th.
Of much interest to most of the Westside is a proposed rezoning and
development of 220 acres from Agricultural to Residential R-3 and R-4,
and Commercial C-4. The property is located on the west side of
University Parkway between Middle Mt. Vernon and Hogue Road near the
University Heights subdivision. The property is planned to be divided
into 5 basic uses: 50 acres would be devoted to senior (over 55)
housing, nearly 14 acres for assisted living facilities, 9 1/2 acres for
students with families housing, another 41 acres for student housing and
105 acres for commercial development. As presented at a meeting with
abutting and concerned neighbors on October 28th, the intention is to
keep at least 4 of the 5 existing lakes and many of the existing trees
as buffers between the various zonings and for other green space. The
owners are Gene Pfeiffer and, Sheldon and Linda Downey with Gene Hahn as
developer.
The APC also heard this petition November 13th. There was
a large attendance at the meeting and many remonstrators concerned about
traffic congestion, the mixed housing and age differences being housed,
the commercial portion of the zoning, student housing and other aspects
of the proposed development.
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
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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 least50% larger
than Eastland Mall. With Lawndale mostly empty, a lot of vacant space at
University Place, potential adverse effect on North Park and Pearl
Drive, our population growth rate in the area over the past several
years being about 3 tenths of one percent per year, wouldn’t in-fill
development of our current vacant areas make more sense? All of this
adds up to much worse traffic congestion than we already have. The
University Parkway Lloyd intersection at the USI entrance will be an
even bigger nightmare. Hogue Road will be adversely affected more than
it is currently and the 5 point intersection, well, that’s anybody’s
guess.
The Evansville/Vanderburgh County Comprehensive Plan indicates this area
of proposed development to be primarily agriculture and residential. As
I remember, when the County Commissioners approved the University
Parkway, it was to be a parkway with access limited to some of the
current roads which cross it. This proposal adheres to none of the past
planning and is not needed as currently proposed.
As a sidelight, the WIA did support this area becoming a TIF (Tax
Increment Financing) district. At the APC meeting, the developers’
attorney tried to equate support of the TIF as support for this and any
other commercial development in that area. Obviously that’s not true. We
supported the TIF recognizing that very often the Comprehensive Plan is
ignored and things beyond our control happen. It just made good sense to
protect the area by supporting the TIF exactly for an eventuality such
as this proposed development.
The APC voted 8 to 1 in-favor of recommending approval of this proposed
rezoning and it will also be heard by the County Commissioners on
November 18th.
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 |
October 2008
At the October 9th meeting of the Area
Plan Commission, a petition to rezone .7 acres at 545 Dugan Trail from
Residential, R-4 to Commercial, C-4 was heard. This parcel is on the
east side of Boehne Camp Road, south of Pearl Drive and bordering the
Copper Creek Apartments. When the Eagle Plaza commercial subdivision
plat was originally recorded this small strip of R-4 zoned land was
included as part of the subdivision plan. The request to rezone is to
bring this portion of lot 17 into conformance with the rest of the
subdivision and allow it to be commercially developed. Lot 17 is the
only remaining portion of Eagle Plaza to be developed. The APC voted
in-favor of recommending approval to the County Commissioners. The
County Commissioners will hear this petition at their October 21st
meeting.
Last month I mentioned a proposed rezoning involving 5001 New Harmony
Road requesting a change from Commercial, C-4 to Manufacturing, M-1 with
a Use and Development Commitment. This property is located at the corner
of New Harmony and Detroy Road. It was previously used as a service
station which also did towing, impounding and mechanical work, and has
been vacant for
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about 4 years. The owner of the property, operating
as RCR Westside Holdings, LLC, wishes to use the property to restore
classic cars. The need for a Manufacturing, M-1 zoning is because the
restoration work will require some auto body work and painting which is
not allowed in a Commercial, C-4 zone. Included with the rezoning
request is a Use and Development Commitment which would allow the auto
restoration activities but prevent other activities allowed by the M-1
zoning except for some activities which would require a Special Use
permit or meet other specific requirements. Activities allowed under the
current C-4 zoning would still be allowed. This petition is planned to
be heard by the APC on November 13th and the County Commissioners on
November 18th. 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 |
September 2008
The request to rezone 356 South Red Bank
Road from Residential, R-1 to Residential, R3 was to be heard by the
City Council at their August 11meeting but was continued to the
September 8 meeting at the request of the petitioner in order to see if
a compromise solution could be reached.
As you remember, this property had been converted to a multi-family home
some time ago without requesting a proper rezoning. It is currently
surrounded by Residential, R-1 which is single family homes, and is
owned by Wagner Investment Properties who also own the near-by Wagner
Trailer Court along with several other properties.
Subsequent to the APC meeting, the petitioner engaged a lawyer and asked
for a second meeting with the neighbors in order to determine if a
middle-ground could be reached. There was much discussion about the
obnoxious behavior of the tenants and visitors at the house including
some personal confrontations, parking in neighbor’s yards, blocking Red
Bank Road causing serious safety concerns, sewage running onto the
neighbor’s property and several other items showing a lack of regard for
the near-by neighbors and those traveling Red Bank Road. The neighbors
did propose the property be rezoned as R-2 which would be acceptable.
Since the petitioner was out-of-town and not able to attend, the lawyer
committed to informing him of the proposal. There was no response to the
neighbors prior to the City Council meeting when the response was that
an R-2 would not be financial beneficial. We doubt that. Further, if the
petitioner had informed the neighbors of his scheduling conflict, they
would have gladly changed the meeting date to allow him to present
anything he had in mind to reach a middle-ground. That was why he
supposedly wanted the meeting in the first place.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. |
The City Council vote went by party line except for one vote. Worse yet,
we were told that the decision was pretty much agreed upon long before
the council got their information packets and, for sure, prior to
hearing any testimony. The vote from APC of one yes, six no and one
abstention was given little, if any, consideration. The vote did not
reflect facts provided in the testimony. One argument for approval, and
apparently felt by some of the council to be a valid reason to vote in
favor, was that an R-3 would provide a buffer zone for the nearby
neighbors. Buffers are often used or required between lower zonings like
an R-1 or R-2 and higher zonings like an R-4, commercial, or
manufacturing zonings. They are generally fences, green space, hedge
rows and such but often times an R-3 or R-4 are used as buffers between
R-1 or R-2 and higher zonings such as commercial. In this case that is a
totally bogus argument because the R-3 is totally surrounded by R-1.
What is the R-3 buffering the R-1’s from, themselves? In my opinion, the decision had
absolutely nothing to do with land use and, to me; this is just another
case of broken government. I can accept losing; I can't accept the way
it came about in this case.
We just received a proposed rezoning request involving 5001 New Harmony
Road requesting a change from Commercial, C-4 to Manufacturing, M-1.
Apparently this is vacant service station and would be used for the
restoration of classic cars. At this point, I know little else but will
be following it closely.
We will keep you updated on this 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
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August 2008
Last month, we reported the APC recommended approval
for the rezoning of 1413 Fountain Avenue from Manufacturing, M-3 to
Residential, R-2. As you may remember, this property is surrounded by
M-3 zoning although most of the surrounding uses are residential and the
site lies within the Center City Industrial Park economic development
plan. This rezoning would remove the legal non-conforming status of the
property as well as the legal non-conforming restrictions associated
with it and bring it into conformance with the existing use which is a
residential duplex. The City Council did approve this rezoning at its
July 14 meeting by a vote of 8 in favor, 0 opposed.
The request to rezone 356 South Red Bank Road from Residential, R-1 to
Residential, R3, which was continued from the June APC meeting, was
heard at the July 10 meeting. As we mentioned last month, this property
had been converted to a multi-family home some time ago without
requesting a proper rezoning. It is currently surrounded by Residential,
R-1 which is single family homes and is owned by Wagner Investment
Properties whose principals also own the near-by Wagner Trailer Court.
Subsequent to many discussions with the neighbors including a meeting
with the near-by neighbors and the owner prior to the APC hearing, the
neighbors remain adamantly and unanimously opposed to the rezoning.
The neighbors were well organized and prepared for the APC meeting, and
made compelling presentations in opposition to the rezoning request.
They presented a petition against the proposal signed by the surrounding
neighbors including a map |
of the area indicating where
each of the petition signers live in relation to the subject property.
This was very helpful to their argument because it showed the signers
lived close by and had a direct interest in the proposed rezoning rather
than just a bunch of names on a petition. Another persuasive piece of
information presented was an opinion from a Real Estate Broker Associate
“that there is a real potential for property values to be devalued if
this property is rezoned”. Adding to this, the neighbors also presented
a recap of 12 police reports concerning complaints about activities at
the subject property. Most impressive to me was that the neighbor’s
presentations quite directly revolved around most of the seven items
that the Commission and the legislative bodies are to pay reasonable
regard to as contained in the zoning ordinance. This served to keep the
arguments on-target with factors considered in the APC’s ultimate
decision. The WIA also spoke in opposition to the proposed rezoning. APC
voted 1 in favor, 6 against and 1 abstention with 5 members absent.
Because it did not receive 7 votes for an action, it will go forward to
the city with a “no recommendation”. It will be heard by the City
Council at their August 11th meeting.
There are no items on the August APC agenda within the WIA boundaries.
We will keep you updated on 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 |
July 2008
We’ve not had a Land Use Update article for the last
couple of months because of very little rezoning activity within our
west side boundaries during that time.
That changed in the month of June with a request to rezone 1413 Fountain
Avenue from Manufacturing, M-3 to Residential, R-2. This property is
surrounded by M-3 zoning although most of the surrounding uses are
residential. The site lies within the Center City Industrial Park
economic development plan. This rezoning would remove the legal
non-conforming status of the property as well as the legal
non-conforming restrictions associated with it and bring it into
conformance with the existing use which is a residential duplex. The APC
recommended approval of the rezoning by a 7-0 vote and the City Council
will hear the petition at its July 14 meeting.
Also at their June meeting, the APC heard a request to amend the site
development plan of 2929 Betsy Court which is part of the West Maryland
Estates Planned Unit Development (PUD) site development plan. A PUD
zoning allows for more flexible regulations while preserving the purpose
of the zoning ordinance. PUD’s are a part of the zoning code and
detailed in a separate section of the code. In this case, the severe
topography of the lot prevented construction of any of the 4 typical
homes provided for in the PUD. By changing the footprint of the proposed
home, this lot could be built on providing use of a lot that otherwise
would remain vacant. Although the City Council originally approved the
PUD, the APC has authority to approve amendments to the plan. The APC
approved this amendment to the PUD by 7-0 vote.
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A request to rezone 356
South Red Bank Road from Residential, R-1 to Residential, R3 was also on
the June agenda but continued to the July APC meeting when no one
appeared to represent the petitioner. Apparently this property had been
converted to a multi-family home some time ago without requesting a
proper rezoning. It is currently surrounded by Residential, R-1 which is
single family homes. It is owned by Wagner Investment Properties whose
principals also own the Wagner Trailer Court which is nearby. We’ve had
many discussions with the neighbors including a meeting with the nearby
neighbors and the owner. The neighbors are adamantly and unanimously
opposed to the rezoning as reflected in a petition put together and
signed by the surrounding neighbors. The general feeling is that the
place is currently a common nuisance based on the neighbor’s comments as
well as police reports going back some time. Vehicles are often parked
in the yard or neighbors’ yards and driveways. Often there are late
night disturbances and other disruption to the tranquility of the
neighborhood. At the meeting between the neighbors and owner, no
resolution was arrived at and no significant commitments were made. The
WIA is planning on opposing this requested rezoning unless things
materially change between now and the APC hearing on July 10.
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 |
April 2008
There were no proposed rezonings within our
boundaries during March; however, the April agenda for the Area Plan
Commission does include a proposed rezoning of 2913 Broadway Avenue from
Commercial, C-4 to Residential, R-2. Several years ago, this area along
with some others were “blanket” zoned in anticipation of future
development and, perhaps, an effort to direct future development. In any
case, the area did not develop as expected and the current zoning does
not reflect current land use. This proposed rezoning is simply to
reflect current use as residential.
Although not specifically a land use issue, the City Council Public
Works Committee, chaired by Councilman Watts, will hear three proposed
changes to the current Municipal Code dealing with storm water control
at their April 7 meeting. The proposed new ordinances are:
• Ordinance G-2008-10, an Ordinance regarding storm water illicit
discharge detection and elimination,
• Ordinance G-2008-11, an ordinance regarding construction site and
post-construction storm water runoff control and,
• Ordinance G-2008-12, an ordinance regarding erosion and sediment
control.
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During the early 1990’s, the U.S. EPA
set up some basic storm water programs to be adopted by the states.
During the period from late 2001 though mid 2003, additional rules were
established and Rule 13 (Indiana Code 327 IAC 15-13) was adopted during
March 2003 and effective August 6, 2003. This regulation required
designation of a Municipal Separate Storm Sewer System (MS4) Operator
and development of a Storm Water Quality Management Plan (SWQMP). These
proposed ordinances are the city's response to the EPA’s requirement.
At this point, I’ve not read the ordinances but this is an important
subject and we’ll report more on it as we learn more. More information
may be found in earlier postings on this page.
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 |
March 2008
The Petition to Rezone 2700 West Illinois Street from
Residential R-3 to Residential R-4 was heard and approved by the City
Council at their February 11th meeting. You’ll recall this is the “old
Marine Hospital” property containing about 10 acres and the plan is for
apartments. The higher zoning is to allow an additional five feet of
height for improvements to the design. We did support this project for
the reasons outlined last month. The APC had previously recommended
approval of this rezoning.
Proposed rezoning of 1501 Keller Street from Industrial M-2 to
Commercial C-2 with the stated purpose being low income apartments was
also heard and approved by the City Council at the same meeting. You’ll
remember this is a five-acre site west of Seventh Avenue and east of
Pigeon Creek across from the mouth of Locust Creek and will be known as
Cedar Trace Apartments. Again, for reasons expressed last month, we also
supported this rezoning as did the Cedar Hall Neighborhood Association.
APC had also previously recommended this petition for approval.
The only item on the February agenda for the APC pertaining to our area
was for vacation of .64 acres at the north side of New Harmony Road
between St. Joseph Road and Church Road. The purpose of this vacation is
to provide access from New Harmony Road to the 20 acres to the north
also owned by the applicant and would allow options for future
development. APC approved this vacation. |
Last month, I reported the
city was evaluating a requirement for placement of street and traffic
control signs by the developer when a subdivision starts construction
rather than after the subdivision is complete. This change to the city
ordinance was approved by City Council at their February 25 meeting. It
had previously been approved by the County Commissioners. We much
appreciate both the city and the county recognizing the potential safety
issues involved for first responders and other emergency personnel
responding to an emergency as well as safe traffic flow for vehicles and
pedestrians.
The March agenda for the APC has no proposed rezonings within our
boundaries; however, there will be consideration of two ordinance
changes for both the city and the county. One deals with wording for Use
and Development Commitments while the second concerns certain adult
businesses. That’s all I know at this point.
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 |
February 2008
At their January 14 meeting, the City Council
approved the proposed rezoning of 314 South Elm from Residential R-1 to
Residential R-2 in order to build two new homes on the two lots. As you
may remember, these lots are just west of Tekoppel and south of the
Lloyd. Although the plan is for single family homes, the R-2 zoning is
needed to provide for an unusual placement of the homes because of the
two lot sizes and an attempt to save a row of trees on one of the lots.
The Area Plan Commission had previously voted to recommend approval of
this rezoning at their December meeting.
Also, City Council was to hear the Petition to Rezone 2700 West Illinois
Street from Residential R-3 to Residential R-4 at the January 14 meeting
but it was continued at the petitioner’s request. You’ll recall this is
the “old Marine Hospital” property containing about 10 acres. Although
two nearby neighbors did remonstrate against the proposed rezoning at
the APC meeting, we spoke in support of it and were prepared to support
it at the City Council meeting for a couple of reasons. First, there are
flooding problems which affect some of the residences in that area,
especially on the east side of the property. How much of this comes from
the subject property can be debated but the development will be required
to control run-off and this will definitely help to reduce flooding in
the area. The second reason for our support is that apartments, even
high density apartments, can be built under the current zoning. The
rezoning is to allow 5 feet of additional height to help improve design
of the proposed apartments. In the end, it will provide for a nicer
development than what might happen under the current zoning. City
Council plans to hear this petition at its February 11 meeting.
Rezoning of 1501 Keller Street from Industrial M-2 to Commercial C-2
with the stated purpose being apartments was presented to the APC at
their January meeting. This five-acre site is west of Seventh Avenue and
east of Pigeon Creek across from the mouth of Locust Creek. The
developer for this project is Pioneer Development Services out of
Greenwood, Indiana. The proposed project will be known as Cedar Trace
Apartments and consist of 35 low-income rent restricted apartment units
in four buildings. This project will be similar to the Jacobsville
Apartments on Baker Avenue recently completed by the same company. In
addition to the apartments being well equipped, there will be a
playground, bike racks, walking/jogging path, gazebo, picnic area, and a
community building. Additionally, the project will provide an extensive
package of services to the tenants designed to offer opportunities for
all age groups and special needs individuals as well as a Down Payment
Assistance Program and a School Book Assistance Program. There will be
an on-site manager. |
Since this is in the Cedar Hall
Neighborhood, we contacted the Neighborhood Association President, Sue
Wilson, for her thoughts. Based on a meeting with her neighborhood
association and the developer, there were some questions and concerns
but nearly all were very supportive of the project. It was generally
felt there was a real need for this type of housing in this area and a
well-done project would add considerably to the neighborhood. We also
contacted Jim Morgan, President of the Jacobsville Neighborhood
Association for his input concerning the Jacobsville Apartments. He felt
the Jacobsville project was a good project and well done. He also felt
that if the developer said he would do something, he did it. That alone
says a lot. Based on those discussions, we did speak at the APC meeting
in support of the project on behalf of Cedar Hall Neighborhood
Association and the WIA. We also followed up with a letter of support to
the developer. The project was recommended for approval by the APC and
is also planned to be heard at the February 11 City Council meeting.
The APC approved the request for a three-lot subdivision on a nearly 10
acre site at the northeast corner of Mesker Park Drive and West Mill
Road. The APC has final approval of subdivisions.
Last month we reported about a proposed requirement for placement of
street and traffic control signs by the developer when a subdivision
starts construction rather than after the subdivision is complete. The
County Commission gave final approval for this revision to the code at
their January 29 meeting. We are very glad for this action because of
the potential safety issues involved for first responders and other
emergency personnel responding to an emergency as well as safe traffic
flow for vehicles and pedestrians. The city is also looking at this
issue.
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 |
January 2008
Last month we reported on a request to
rezone 314 South Elm from Residential R-1 to Residential R-2 in order to
build two new homes on the two lots. These lots are just west of
Tekoppel and south of the Lloyd. At that time it was unclear if these
were to be duplex or single family homes because of the R-2 request. As
it turns out, they are to be single family homes but needed the R-2
zoning to provide for an unusual placement of the homes because of the
sizes of the two lots and an attempt to save a row of trees on one of
the lots. Although some neighbors did remonstrate because of increased
traffic and other related concerns, the APC voted to recommend approval,
9 in favor, 0 opposed at their December meeting. City Council will hear
this petition at their January 14 meeting.
A second request for rezoning within WIA boundaries involved 2700 West
Illinois Street from Residential R-3 to Residential R-4. This is the
“old Marine Hospital” property of about 10 acres and there had been a
previous effort to rezone this property in order to accommodate a
warehousing operation. The stated purpose of this rezoning was for an
apartment complex similar in design to the Copper Creek apartments.
Although an R-3 zoning would allow apartments, the request for the R-4
was solely to allow an additional 5 foot of building height from 35 to
40 feet. Neighbors had much concern about drainage issues and current
flooding conditions during heavy rainfall as well as privacy issues.
After considering all aspects of the request including the current
flooding issues, what the current R-3 zoning would allow, and other
relevant factors, the WIA spoke in support of the project. Our decision
was based on two major factors. First, there is a flooding problem,
especially on the eastern side of the property. The drainage plan will
require the project to control water on their property and prevent
excessive run-off. This will be done by directing water to a retention
pond where the release can be controlled. This may not solve all
flooding problems in the surrounding area because of outside factors but
will assure that this project does not contribute to the problem. The
other reason is that the R-3 zoning would already allow a much higher
density and less acceptable apartment complex. This may not be the most
satisfying use of the property but with the current zoning this, in our
opinion, is by far the best possibility. The APC voted to recommend
approval by an 8 to 0 vote. This petition will also be heard at the
January 14th meeting of the City Council.
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The upcoming January 10 meeting of the
APC includes a petition to rezone 1501 Keller Street from Industrial M-2
to Commercial C-2 with the stated purpose being for apartments. This
five-acre site is west of Fulton and east of Pigeon Creek across from
the mouth of Locust Creek. The site would be divided into two separate 2
˝ acre lots with an apartment building on each. At this point, we know
little else about the proposal but would question the need for a C-2
zoning without a Use and Development Commitment when an R-3 or R-4 would
seem to serve the same purpose. City Council will probably hear this
petition at its February 11 meeting.
Also on the January APC agenda is a request for approval of a 3 lot
subdivision on a nearly 10 acre site at the northeast corner of Mesker
Park Drive and West Mill Road. The APC has final approval of
subdivisions.
One other item of interest to be heard at the January 10th meeting of
the APC concerns street signs in subdivisions and proposed amendments
appropriate to both the city and county ordinances. This had previously
been heard by the APC and subsequently by the County Commission in
September of last year when it was deferred for further study. These
changes would require placement of street and traffic control signs by
the developer when a subdivision starts construction, probably after the
first house is built, rather than after the subdivision is complete and
the roadways accepted into either the city or county system for
maintenance. Currently, it’s possible that many homes could be occupied
within a subdivision for an extended period of time and have no street
signs or traffic signs. Obviously this is a problem for delivery
businesses but, more importantly, it is a serious safety concern for
first responders and other emergency personnel responding to an
emergency as well as safe traffic flow for vehicles and pedestrians. It
is an important issue and we’ll continue to follow it.
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 |
November-December 2007
Rezoning activity within the WIA boundaries has
slowed down of late and, at least in my opinion, that may not be a bad
thing. That seems to be the trend later in the year as we approach
winter and, hopefully, it’s not completely due to a sagging economy but
rather a more thoughtful approach for our land use. Items scheduled for
the October APC meeting were all continued until the November meeting
due to lack of a quorum.
The only item within the WIA boundaries heard at the November meeting
was the Whitehead Subdivision on Kuebler Road just east of Big Cynthiana
Road. This is a 13+-acre site with three residences currently in place.
The request would allow a fourth residence to be built within those 13
acres. It was approved unanimously. The APC has final approval of
subdivisions.
Although the December agenda for the APC was not available from the Web
site at the time of this writing, we are aware of three upcoming
requests to rezone. The first is a request to rezone 314 South Elm from
Residential R-1 to Residential R-2 in order to build two new homes on
the two lots. These lots are just west of Tekoppel and south of the
Lloyd. Based on the R-2 request it appears these would be duplex homes
although I’ve not been able to clarify that at this point in time. This
will likely be heard at the December 13 APC meeting.
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 |
Rezone was dropped. At the
time, the property was owned by Mead Johnson but has subsequently been
sold to Marine Avenue Properties, LLC. The R-3 zoning allows apartments
and multiple dwellings with three or more families. The R-4 also allows
that but in addition as contained in the city zoning code “group
home/residential facility and similar facilities which provide
residential services for persons in a supervised group living program”
and, “sororities and fraternities”. At this point we’ve not had
discussion with the principals of the company and have no further
information. We will pursue this until we have a thorough understanding
of the project.
Finally, we have had discussion concerning a proposed rezoning of a
residence next to the fireworks store on Hogue near Tekoppel and a short
distance from the five-point intersection. The proposed rezoning will
probably be Commercial C-2 in order to accommodate a used items or
consignment type store. This is a high traffic area with a congested and
confusing intersection very close to the proposed operation. At a
minimum, we’ll need assurance that the proposal will not be a high
traffic operation and add to the problem with the intersection which
already exists. At this point, I have no further information and no
indication of when this might be heard by 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 |
October 2007
The resolution to establish the University Parkway
Economic Development Area, otherwise known as a Tax Increment Financing
(TIF) District and previously recommended for approval by the Area Plan
Commission, was approved by the County Commissioners at their August 14
meeting. TIF is a mechanism to capture additional (incremental) taxes
from new development and allocate it to improving infrastructure in the
TIF district. As the University Parkway to Diamond is completed and
becomes a major north/south artery on the west side, the need for
additional infrastructure such as roads and other costs associated with
expanding development becomes critical. A TIF helps to provide funds for
those projects. This procedure has been used very successfully in the
Burkhart area on the east side and is very important to us as
development occurs along the University Parkway.
Although the September agenda for the APC included no rezonings within
the WIA boundaries, the commission did vote in favor of recommending for
approval by both the City Council and County Commissioners changes to
ordinances concerned with street and traffic control signs in
subdivisions. These changes would require placement of street and
traffic control signs by the developer when a subdivision starts
construction, probably after the first house is built, rather than after
the subdivision is complete and the roadways accepted into either the
city or county system for maintenance. Currently, it’s possible that
many homes could be occupied within a subdivision for an extended period
of time and have no street signs or traffic signs. Obviously this is a
problem for delivery businesses but, more importantly, it is a serious
safety concern for first responders and other emergency personnel
responding to an emergency.
These changes to the county ordinance were heard at the September 18
meeting of the County Commissioners but after much discussion were
deferred so that further study could be done to resolve some areas of
concern with the proposed changes. The City Council has not yet heard
these proposed changes to the city ordinance.
|
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 Use & Development
Commitment at 4401 Hogue Road across from Bob’s gym was also 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 sits
on a curve and near the intersection at Rosenberger. After much
discussion and many questions concerning potential flooding and drainage
issues along with traffic considerations and other concerns, the
rezoning was approved. At this point, we are still unsure as to the
specific plan for the property but will keep you informed as we learn
more. We’ll also watch over this project very closely because of past
history.
The only item within the WIA boundaries on the October agenda for the
APC is Whitehead subdivision on Kuebler Road just east of Big Cynthiana
Road. I currently have no information about it.
We would like to take this opportunity to welcome Jeff Korb as our new
County Commissioner and wish him the very best in this very important
position.
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 |
September 2007
Last month we wrote at length about the potential
rezoning of the 5.1 acre Boehne Camp Hospital property from a
Residential, R-4 to a Commercial, C-2 with a very restrictive Use and
Development Commitment. Prior to the County Commissioners’ meeting of
August 9 when the petition was to be heard, the petitioner withdrew the
request in order to maintain the character of the neighborhood and
because of some neighbors who remained totally opposed even with the
very restrictive U&DC.
We were prepared to support this project because of a real possibility
of future detrimental development if the property was to change hands
sometime in the future. As it now stands, several high density apartment
buildings or even student housing could be built with no required zoning
change and no effective way to prevent it. The proposed U&DC would have
prevented that along with other onerous possibilities. Additionally, the
U&DC as well as the zoning would “run with the land” and commit a new
owner to those conditions or request a change in the U&DC or zoning. We
hope the neighbors didn’t overplay their hand but, in any case, we wish
the Arem Corporation (Scott Anderson) the very best in the continued
restoration of this historically significant building.
The request to rezone 2708 Claremont Avenue from Manufacturing, M-2 to
Residential, R-2 which is it’s current use, was recommended by the APC
for approval and will now go on to the City Council to be heard on
September 10. As you remember, this is in an area that was “blanket
zoned” Manufacturing years ago.
Also the two minor subdivisions heard were approved. They were a one-lot
subdivision on Hogue, north of Carmel Court to bring it into compliance
with code and the second was a replat of six lots reducing to three east
of Big Cynthiana Road and south of Kasson Drive off of Royal Oak Drive.
The APC has final approval of subdivisions.
Additionally, the APC did vote in favor of a resolution to establish the
University Parkway Economic Development Area otherwise known as a Tax
Increment Financing (TIF) District. They also approved a TIF District
for a potion of Route 41 north of the city. Both of these go on to the
County Commissioners. |
There are no rezonings within the WIA
boundaries on the September agenda of the APC. However, they will take
up proposed changes to both the city and county ordinances pertaining to
street and traffic control signs within subdivisions.
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
|
July 2007
The request to rezone 29.3 acres at 701 Jobes
Lane from Agricultural to Residential, R-3 was heard by the Area Plan Commission
at its June 14 meeting. 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.
Previously, we had expressed concerns about the density of the development,
traffic on Jobes Lane and drainage. A covenant was presented committing to not
building apartments and to widen Jobes Lane to meet county standards where it
will service the development and is currently one lane. There would be no direct
ingress/egress with the Copper Creek apartments to the west. The development
company is Level Development, LLC., owned and managed by Dan Buck. His plan is
for condominiums in two price ranges and would most likely be single or duplexes
in the $175,000 to $250,000 price range while others would range from $115,000
to $165,000. All would have an attached garage. His target buyers would be the
over 50 age group. The plan is to keep the terrain and as many trees as possible
with a park area on-site for the residents. The APC recommended approval of the
petition.
The Vanderburgh County Commissioners heard this petition at their June 19
meeting. After some discussion including additions to the proposed covenants,
the Commissioners agreed to defer their vote until the July 17 meeting. Since
the developer did not yet have title to the property, he could not sign a
covenant that would be legally binding. He was to attempt resolution of that
issue before the next meeting.
The WIA supported this rezoning at both the APC and Commissioners meetings.
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 |
June 2007
The Area Plan Commission, at its May 10 meeting,
recommended approval of two rezoning petitions within the WIA’s boundaries. As
you remember from last month, one of the proposals was to rezone 3.1 acres at
3820 North St. Joseph Avenue from Agricultural to Manufacturing, M-3. This site
is adjacent to the current Glisson Salvage business and is currently being used
as a commercial salvage yard. No additional access to St. Joe is required. In
addition to rezoning approval, a Special Use Permit will be required from the
Board of Zoning Appeals in order to operate as a salvage yard.
The second petition was to rezone 4.9 acres at 14101 Big Cynthiana Road from
Agriculture to Commercial, C-4 with a Use and Development Commitment (U&DC). The
current use of this land is agriculture surrounded by other agriculture and
residential with a small M-2 zoned shop to the North and a railroad to the East.
The planned use of this property is for the sale and service of lawnmowers, lawn
and garden items, and other related items. The U&DC basically limits uses to
those stated.
Both of these Petitions for Rezoning were approved by the County Commissioners
at their May 15 meeting.
Last month, I mentioned the possibility of a request to rezone the “old” Boehne
Camp Hospital which includes about 5.1 acres. Subsequently, a Petition for
Rezoning was filed by Arem Corporation requesting a change from Residential, R-4
to Commercial, C-2 with a U&DC. The current plan is to renovate the old hospital
administration building into six luxury apartments with the owner occupying one
of the apartments. Additionally, the present kitchen and auditorium area would
be converted into a catering/event facility with a liquor license, if approved
by the Alcohol Board, and used for wedding receptions and gatherings of that
nature. The apartment renovations are allowed under the current zoning but the
catering/event facility would require the C-2 zoning. A C-2 zoning would allow
110 different uses but the U&DC would limit the uses to only apartments and
those uses necessary for the catering/event facility. |
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
|
April 2007
As I mentioned last month, two Petitions for Rezoning
properties on the west side were recommended for approval by the Area
Plan Commission (APC). One was at 1508 West Florida Street. This site
had previously been zoned Manufacturing, M-1, to allow the owner to do
vehicle repair on-site. The site is no longer being used for that
purpose and the owner simply wanted to bring the existing residential
use into conformance with the zoning ordinance.
The second involves 1430 West Franklin Street and a request to rezone
from Manufacturing, M-3, to Commercial, C-2, with a Use and Development
Commitment. This is a large, old, retail building built in the 1800’s.
The planned use is for apartments with a possible restaurant on the
first floor.
The City Council was scheduled to hear both these requests at their
April 9th meeting.
The APC April agenda had no rezonings within the WIA’s boundaries.
At the time of this writing, the April agenda for the Board of Zoning
Appeals (BZA) was not available.
Agendas and minutes for both the APC and BZA including Staff Reports for
the APC can be viewed at
http://www.evansvilleapc.com.
Fred Padget
|
March 2007
We’ve been reporting on the proposed
rezoning of 250 South Red Bank Road since September of last year. And,
we’ll report about it once again this month. As you remember, this is a
request to rezone from Residential, R-1 to Commercial, C-1 with a Use
and Development Commitment (U&DC) and the stated use being a jewelry
store. The Area Plan Commission (APC) voted to recommend approval of
this Petition to Rezone at their February 8 meeting with the City
Council scheduled to hear this petition on March 12. City Council
unanimously approved the Petition to Rezone 250 South Red Bank Road at
that meeting.
Although it took several months for this rezoning to be concluded, it
does show the process works pretty well, at least in my opinion. I don’t
know that either party feels like they came away a winner but there was
much give and take by both parties resulting in a workable solution.
Attorneys for both the petitioner and the near neighbor worked
diligently in representing their clients and crafting the results. I’d
like to think the WIA also played a significant role in the process.
As we’ve said many times before, sound, well thought-out, planned
development is needed in order to support the community and the region.
At the same time, residential areas and neighborhoods are also vital to
the community and deserve much consideration as commercial development
expands. When commercial expands into residential areas there is
disruption and strong emotions for all those involved. We’ll see more of
it and that points to the need and requirement for sound planning for
the future.
Also last month, we mentioned a Petition to Rezone approximately 3.9
acres at 3916 Charlotte Avenue from Agricultural to Residential, R-2.
This site is located immediately west of St. Joe and east of Moutoux
Park. This petition had previously been recommended for approval by the
APC and was approved by the County Commissioners on February 20. Since
the plan is for a 9 lot subdivision, it had to come back to the APC for
subdivision approval which the APC has final authority over. APC
approved the proposed subdivision at the March 8 meeting. |
Two other rezonings on the west side
were heard at the March 8 APC meeting. One involved 1508 West Florida
Street. This site had previously been zoned Manufacturing, M-1 to allow
the owner to do vehicle repair on-site. The site is no longer being used
for this purpose and the owner simply wanted to bring the existing
residential use into conformance with the zoning ordinance. APC
recommended approval at the March meeting and the City Council will hear
this petition on April 9.
The second petition involves 1430 West Franklin Street and a request to
rezone from Manufacturing, M-3 to Commercial, C-2 with a Use and
Development Commitment. This is a large, old retail building built in
the 1800’s. The planned use is for apartments with a possible restaurant
on the first floor. This is really an interesting and exciting project.
It preserves an old building, possibly with historical significance, and
helps to fulfill the desire for in-fill projects. APC also recommended
approval at the March meeting and the City Council will hear this
petition at its April meeting.
The request before the Board of Zoning Appeals (BZA) for approval of a
Special Use Permit to allow a cellular tower at 3024 Orchard Road had
previously been continued until the February meeting and now has been
continued until the April meeting of the BZA. This area is south of
Orchard Road, between Fischer and Schaeffer Road.
Fred Padget |
February 2007
Last month I told you the Petition to
Rezone 250 South Red Bank from Residential, R-1 to Commercial, C-1 with
a Use and Development Commitment (U&DC) would be heard at the January 11
meeting of the Area Plan Commission (APC). The petition was presented by
the attorney for the petitioner and included discussion of the future
use, a jewelry store, along with discussion of a proposed U&DC. The U&DC
included provisions to restrict the stores operating hours, placement of
signage and shielded lighting along with restrictions for many types of
businesses felt not to be suitable for that location and next to the
adjoining residential neighbor.
The attorney for the adjoining residential property owner agued the
U&DC, as presented, did not go far enough to protect the neighbor from
businesses not suitable to that location and the language was not
specific enough concerning other protections for the adjoining property
owner. He requested the hearing be continued once again and a revised
U&DC be developed addressing the neighbors concerns.
WIA did speak in support of the revised petition. As you remember, this
began in September of last year as a request for a C-4 zoning with no
restrictions. Although we did support the petition at this hearing, we
also understood the neighbor’s additional concerns and joined their
attorney in requesting yet another continuance and consideration for the
revised U&DC as requested by the neighbor. The petitioner and his
attorney, after much discussion, agreed to a continuance until the
February 8 meeting.
The revised U&DC was presented at the February 8 meeting of the APC and
included elimination of an additional 12 business categories along with
much more specific language concerning restrictions in the prior U&DC
and also contained an additional eight restrictions desired by the
adjoining residential neighbor. The WIA did support the revised project
and thanked the petitioner and his attorney for their willingness to
present a revised U&DC. The APC recommended approval of the petition
which will now be heard at the March 12 City Council meeting for final
approval. |
We believe the jewelry store
will be a fitting solution to this rezoning and a good neighbor to the
adjoining property owner. As we’ve said many times, we need and support
good, well thought-out economic development for many reasons not the
least of which is an expanding tax base. Sometimes, when this happens,
conflicts of interest do occur. We work for the best possible solution
for those concerned and, ultimately, the betterment of the Westside.
A second petition affecting the Westside concerned the rezoning of 3916
Charlotte Avenue from Agricultural to Residential, R-2. This a 3.9 acre
site located immediately west of St. Joe and east of Moutoux Park. The
plan is for an eight lot residential subdivision. This petition was
recommended for approval 9 for, 0 against with one abstention. Although
there was some concern for drainage, this issue will be reviewed by the
Site Review and Subdivision Review Committees. The petition will be
heard by the County Commissioners at their February 20 meeting.
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 |
November-December 2006
The Petition to rezone 2323 and 2325 West Franklin
Street, which housed the Franklin Pastry shop and another business next
door, was heard by the Area Plan Commission (APC) on October 12 and was
recommended for approval by a vote of 8 in-favor with one abstention.
The rezoning from C-4 to C-2 was being done to allow both the existing
commercial use and the conversion of the second floor to allow
residential, a use not permitted within the C-4 zoning. The city
approved this petition on November 13.
The Petition for Rezoning of 250 South Red Bank Road from Residential,
R-1, to Commercial, C-4 was to be heard by the APC on October 12 but was
continued until November and subsequently to the December 14 meeting. As
you probably remember, this property is a single-family residence on a
.46 acre lot located across from Wal-Mart and the first house on the
east side of Red Bank, south of the Lloyd. The original C-4 proposal
with no Use and Development Commitment (U&DC) was, at best a poorly
planned, ill-conceived proposal. At this point, the Petition for
Rezoning has been revised to a Commercial, C-2 with a U&DC, which sounds
more reasonable except for the rest of the story.
The request for the C-2 zoning is modified by the U&DC that eliminates
all uses requiring a C-2 zoning effectively making it a C-1 zoning.
EXCEPT, a C-2 zoning allows 2 on-premise signs with a maximum of 500
square feet whereas a C-1 zoning allows 2 on-premise signs with a
maximum of only 300 square feet. More importantly, the C-2
classification allows an off-premise sign of 300 square feet with a
maximum height of 30 feet while a C-1 does not allow any off- premise
sign. Apparently, the C-2 is being requested solely for the purpose of
additional signage. In our opinion, this is an intentional action to
circumvent the zoning appeals process and avoid appearing before the
Board of Zoning Appeals (BZA) for approval of signage not appropriate to
the proposed C-1 use as contained in the zoning code.
After all that, a C-2 zoning with a U&DC eliminating all uses requiring
a C-2 still allows nearly 60 businesses including sororities and
fraternities.
We have no objection to the proposed jewelry store. In fact, it would be
reasonable fit considering the residential use next door, setting on a
curve on a two-lane busy road with a nearby congested intersection. We
do have great concern about trying to beat the system by circumventing
the BZA and asking the APC to, in effect, make a decision rightfully the
responsibility of the BZA. The city will hear this rezoning request at
its’ January meeting assuming it is heard by the APC at its December 14
meeting. |
Last month we mentioned two zoning variance requests
to be heard at the October 19 BZA meeting. One was 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 used for
Lefler’s employee parking. It previously received approval for a gravel
parking lot and this request was for an additional year of variance. The
second request was 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 was from New Image Travel, LLC., and will
accommodate a new business in an existing building. Both these variances
were approved at the October meeting of the BZA.
While the APC had no rezoning requests within the boundaries of the WIA
during November, the BZA was scheduled to hear two variance requests
within our area. One was for relaxation of a rear yard setback and the
other for relaxation of maximum lot coverage and relaxation of minimum
side yard setback.
Although the December agendas are not posted at this time, the APC will
be hearing the Petition to Rezone 250 South Red Bank as discussed
earlier while the BZA will be hearing a variance request to allow a
second driveway at 501 North Barker along with a change of use and
relaxation of parking space to allow Smitty’s Little Tavern on Franklin
to expand.
One other significant item to be heard by the City Council on November
27 is a petition to vacate a portion of Dorothy Drive. This would result
in eliminating access to or from Dorothy and the Lloyd Expressway. This
intersection has been a severe safety concern for some time with
motorists making left turns from the Lloyd Expressway into Dorothy Drive
and from Dorothy onto the Lloyd. This intersection, being just a short
distance from the Rosenberger intersection, becomes even more dangerous
when you consider that the Rosenberger intersection is the highest
accident intersection on the western part of the Lloyd. The one concern
we do have about this vacation is that the 911 system be updated to show
access to Dorothy Drive is thru the perimeter roads around the Kohl’s
parking lot.
Lastly, Mike Lockard, Chair of the WIA Land Use Committee and I wish you
and your loved ones a very Merry Christmas and a Happy and Successful
New Year.
And, as always, be involved.
Fred Padget |
October 2006
| As I mentioned last month, a Petition for Rezoning of
250 South Red Bank Road from Residential, R-1, to Commercial, C-4 was to
be heard by the APC on October 12. Since this writing is prior to that
meeting, we’ll report more about it next month. As you probably
remember, this property is a single-family residence on a .46 acre lot
located across from Wal-Mart and the first house on the east side of Red
Bank, south of the Lloyd. The unrestricted C-4 category allows 174
different commercial uses including many that are undesirable for that
area. We have talked extensively with the near neighbors and others
about various concerns including traffic safety and congestion, the
two-lane road in that area (although there is a south-bound deceleration
lane on the Wal-Mart side as it approaches their northern most
entrance), the lack of a Use & Development Commitment and the
inappropriateness for the proposed rezoning along with many other
concerns. City Council will hear this petition on November 13.
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. |
We‘ll report more on these items next
month. 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
|
September 2006
Last month I mentioned that the City
Council would hear a petition to rezone about 10.9 acres at 2200 South
Tekoppel Avenue between Koressel and Old Henderson Road and west of the
railroad at their August 14 meeting. The petition was heard and approved
at that meeting. The Area Plan Commission had previously recommended
approval of this rezoning request. As you remember, the request by the
River Bend Association was to downzone from Commercial C-4 to
Residential R-2. The R-2 zoning will allow only single-family homes and
duplexes. Most of this area is currently agricultural and residential
with the exception of the train yard.
The September APC agenda has no action items within the WIA boundaries,
nor were there any in August. While we welcome the interlude, we’ll be
evaluating as to whether this is simply a temporary lull or if it
represents changes within the local economy.
There is a Petition for Rezoning 250 South Red Bank Road from
Residential, R-1, to Commercial, C-4 to be heard by the APC on October
12. This property is a single-family residence located across from
Wal-Mart and the first house on the east side of Red Bank, south of the
Lloyd. The unrestricted C-4 category allows 174 different commercial
uses. The City Council will hear this petition on November 13. |
Although the Board of Zoning Appeals
September agenda is not available at this time, we’ve been notified of
two requests for variances dealing with gravel parking lots. One is to
maintain a gravel parking lot at 612 and 614 North Wabash Avenue for a
period of one year while the other is to allow continuation 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.
We’ll investigate both variance requests as well as the proposed
rezoning request and take action if appropriate for the betterment of
the west side.
For now, as always, be involved.
Fred Padget |
August 2006
| The Area Plan Commission, at their July
meeting, heard a petition to rezone about 10.9 acres at 2200 South
Tekoppel Avenue between Koressel and Old Henderson Road and west of the
railroad. The petition request by the River Bend Association was to
downzone from Commercial C-4 to Residential R-2. The APC recommended
approval of this rezoning request by a vote of 11 for, none opposed. The
City Council will hear this request on August 14th. An R-2 zoning would
allow single-family homes and duplexes as well as some home type
businesses with no product sales. Most of this area is currently
agricultural and residential with the exception of the train yard. A
small portion of this area is in the flood zone. Prior to the past
rezoning of C-4, the area had been zoned Residential R-1 and R-2.
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 |
proposed subdivision plat is to provide
access to the installed sewer system currently serving the Heartland
Ridge Crossing subdivision for the two lots along Hogue Road. Basically,
it’s a good cooperative effort between the two homeowners and the
developer, Haas Development, Inc. 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 |
June 2006
Last month, I mentioned the Area Plan Commission
voted to recommend approval of a petition to rezone the property at 2233
West Franklin Street from a Commercial C-4 to a Commercial C-2. As
you’ll remember, 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 City Council did approve this
petition on May 8.
The APC, at its May 11 meeting, did recommend approval of the Petition
to Rezone 1.9 acres of the Mayse Farm Market property on St. Joseph
Avenue from Agriculture to Commercial C-2 with a Use and Development
Commitment (U&DC). The County Commissioners approved this petition on
May 16, 2006 and the WIA did speak in support of this project. In last
month's article, we mentioned the farm market was destroyed by fire late
last year and to meet current rezoning requirements, rezoning to
Commercial C-2 was required in order to rebuild and continue operation
as it has done for many years. The U&DC will limit the business to 19
uses which fit with the current operation.
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
|
and have met with the WIA as
well as having some neighborhood meetings, which we attended. At the May
11 APC meeting, the developer asked for a two-month continuance to
provide time to meet with the neighbors and try to resolve issues the
neighbors have with the project. The attorney for the neighbors
expressed much consternation with the continuance in that many
neighbors, 35-40, appeared at the meeting to oppose the petition and
that no one, including the petitioners, could have been unaware of the
neighbors’ opposition. He felt the developer should have made some
effort to meet with the neighbors prior to the APC meeting. The
two-month continuance was approved. Next move is up to the developer
but, at the time of this writing, we‘ve heard nothing from the
petitioners or their attorney. The petition is currently scheduled to be
heard by the APC at their July meeting. 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 ˝ 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
|
May 2006
| For the last couple of
months, we’ve reported about the proposal by New Cingular Wireless for a
cellular tower at the old auto salvage yard on Middle Mt. Vernon Road.
After being continued from March until April so the petitioner could
meet with several concerned neighbors, the Board of Zoning Appeals (BZA)
did hear the request for a Special Use Permit to allow construction of
the tower on April 20. It was approved unanimously by the BZA, five in
favor, none opposed. 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. |
Upcoming rezoning matters to be heard by
the APC on May 11 include a Petition to Rezone 1.9 acres of the Mayse
Farm Market property on St. Joseph Avenue from Agriculture to Commercial
C-2 with a Use and Development Commitment (U&DC). As you probably know,
the farm market was destroyed by fire late last year and to meet current
rezoning requirements, it must be rezoned to the C-2 in order to rebuild
and continue operation as it has done for many years. The U&DC will
limit the business to 19 uses, which fit with the current operation.
They will also ask for a zoning variance to continue with a gravel
parking lot. We are very happy to see the Mayse Farm Market recover from
the fire and continue operation for many more years. We wish them great
success. 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 |
March-April 2006
| Last month I told you that New Cingular Wireless had
applied to the Board of Zoning Appeals (BZA) for a Special Use Permit to
allow erection of a 190' monopole telecommunications tower with a 9-foot
lightning arrestor at the top on a 100' x 100' lease area, a portion of
the acreage currently occupied by McDaniel’s Salvage Yard on Middle Mt.
Vernon Road. The 3.9-acre McDaniel’s Salvage operation has been in
operation on this site since the 50’s, and is a legal nonconforming use
on this site. The applicants propose erection of a 50’ x 78’ utility
compound surrounded with an 8-foot chain link fence with barbed wire at
the top. A wooden privacy fence is planned along the Middle Mt. Vernon
Road frontage. 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 was also much discussion about the salvage yard
and how deficient it is as a good neighbor and business. There was a
feeling that neighbors were duped at the time this area became a legal
nonconforming use. Further concern was expressed about much
contamination of the property including possible lead contamination and
little, if any, effort to clean it up. 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
|
February 2006
|
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 |
January 2006
| Rezoning activity within the west side
has been silent for the last couple of months. For me that is good
because I need the rest. On the other hand, rezoning activity will
continue to take place in the future. We’ll try to keep you updated and
aware of the WIA position on such activity. Our evaluation of projects
will include a high degree of concern for the betterment of the west
side. We need and, indeed, support good, sound, well planned and
appropriate-for-the-area development for many reasons. Appropriate
development helps the economy to prosper, which provides jobs and
expands the tax base, both vital to the well being of the area. At the
same time, residents need assurance that their neighborhoods will be
maintained and protected so that home values and quality of life are not
compromised. It is within this context along with other factors that WIA
base our position regarding future development in the area. We want
quality of life and a vibrant community. We don’t feel the two desires
to be in conflict. 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. |
In our last newsletter, we mentioned that the appeal
hearing concerning the proposed cellular tower at 5909 Felstead Road
would be heard by the Vanderburgh Circuit Court on December 19. The
hearing did take place with Attorney Joe Harrison very ably representing
the Board of Zoning Appeals (BZA). Although this is a local matter
beginning with the BZA, Federal Law concerning the Telecommunications
Act complicates it. Both sides presented logical arguments and we’ll
just need to wait for the Judge’s ruling, which should take place
sometime after January 19. We’ll let you know when the verdict is
reached. 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 |
November/December 2005
| After being continued every month since August, the
petition filed by Greg Moore to rezone 8530 Middle Mt. Vernon Road from
Residential, R-1, to Residential, R-3 with a Use & Development
Commitment, and with student housing being the indicated use, was denied
by the County Commissioners on November 15th. The Area Plan Commission (APC)
heard the petition on November 10th and recommended denial by a vote of
10 for denial, one for approval and one abstention. The County
Commissioners voted unanimously to deny the petition.
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.
|
As you remember from previous articles, a proposed
cellular tower at 5909 Felstead Road was previously denied by the Board
of Zoning Appeals and subsequently appealed to the Vanderburgh Circuit
Court. During the interim, the BZA filed for dismissal of the case but
was denied. The original appeal is now scheduled to be heard by the
Vanderburgh Circuit Court on December 19, 2005 at 10:00 AM. We’ll report
on the hearing in our next newsletter. 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 |
October 2005
| The motion for dismissal of the appeal to
permit a cellular tower at 5909 Felstead Road heard on August 24 was
recently denied. At the time of this writing, a date had not been set
for the appeal hearing. Most likely it will be late November or December
but could be delayed until early next year. As you remember, the Board
of Zoning Appeals (BZA) had previously denied this use for that
location. We will follow-up and keep you informed.
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.
|
As a side bar to the above
proposal, this same developer was given a violation and associated fine
by the Evansville EPA (EEPA) for dragging excess mud onto both Schutte
Road and the Lloyd Expressway during construction of the Eagle Village
student housing. Although the fine was only $50, which, as I understand,
is all the EEPA could do, the developer appealed it. Although the fine
was eliminated, the violation was not and will remain “on the record”.
An attorney and engineer both spoke in defense of the developer and, I
would assume, cost the developer much more than the $50 fine.
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-˝ 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 |
September 2005
|
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 |
August 2005
| In regard to the continuing story
concerning the proposal by St. Charles Tower, Inc., to construct a
cellular tower at 5909 Felstead Road, the neighbors and other interested
parties received notice in mid-July that an appeal would be heard in the
Vanderburgh Circuit Court on August 2. As you remember, the request for
a Zoning Variance and Special Use Permit to allow the tower was denied
by the Board of Zoning Appeals (BZA) at their June meeting and
subsequently appealed by St. Charles. On August 2 several neighbors and
I showed up at the Circuit Court to attend the proceedings. After much
wasted time and confusion, we were told the attorney for the BZA filed a
motion for dismissal of the appeal and it must be heard prior to hearing
the appeal. At this point, the hearing for dismissal is scheduled for
August 24 at 10 a.m.in the Vanderburgh Circuit Court. It is not clear if
the appeal would be heard directly after the ruling on the dismissal if
the case were not dismissed. Many have pointed out that | |