Home Up    

WIA Scholarships are now $1,500 each!  Get application form here.

 Land Use & Planning
News Contacts & Links Meetings & Events Organization Newsletters

 

 

 

University Parkway Development
Grow Responsibly on the Westside Now (GROWN) Web site
Zoning 101 - Fred Padget on Understanding Zoning
Land Use Planning - Fred Padget on the Planning Process
 

June 2010

Although we had no report last month, rezoning activity as it effects the Westside Improvement area has continued to be quite low. We are not complaining but do feel that has much to do with the slow economy although there seems to be improvement in some areas of the economy.

Previously I mentioned a proposed 8 lot subdivision located at 6803 West St. Joseph Road near the intersection of Neu Road and just west of St. Joe in German Township. This was continued from March and heard by the APC at their April meeting. Although one member of the APC said they had never seen such an interesting plat, I would say convoluted, it met all conditions of the subdivision code and was approved.

There was no APC meeting in May and nothing within our area on the agenda for June.

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

Although not in our area the BZA did hear a request for a variance and special use for erection of 3 monopoles with electric power generating wind turbines Because there was not a majority vote no action was taken. We’ve followed this with interest because of future implications for our area as well as Evansville, Vanderburgh County and the surrounding area. Wind power is an environmentally good method of energy production but could have adverse effects for near-by neighbors, property values and other areas of land use. There was a recent approval for one out at Engelbrecht Orchards.

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 2010

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

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

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

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

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

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

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

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

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

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

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

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

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

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

As always, be involved.

Fred Padget

February 2010

The city at its’ January 11, 2010 meeting approved the two pending rezoning petitions within our boundaries. One you’ll remember was a request to downzone a .2 acre lot with a residence at 1601 Fountain Avenue from Manufacturing, M-3 to Residential, R-1 which is its current use. This area was zoned for heavy industrial use since the 1940’s but evolved into an area of mixed use. The petitioners were planning to sell the home but were advised it would improve their potential to sell if it was zoned properly which would be residential. It is also difficult for a buyer to get financing if the property is not zoned properly.

The other rezoning concerned 1301 W. Lloyd Expressway and requested a change from Manufacturing, M-1 and Commercial, C-4 to Manufacturing, M-2. This property is on the northwest corner of Fulton and the Lloyd where the Sterling Brewery was and is currently owned by the Old Evansville Brewery Development, LLC. There are no residential lots adjacent to the site and the proposed rezoning is consistent with the comprehensive Plan. This petition was also approved by the city at the January 11 meeting.

With the freezing and thawing cycle along with the rain, we’ve received several calls complaining of mud on the roadways, drainage and other problems. We’ve communicated several times with the County Engineers’ representative on these matters and very much appreciate their concern, effective actions and their communication with us. They are limited to some degree in what they can do and can’t always resolve every problem to everyone’s satisfaction but, in my judgment, have done a great job. I’m sure there will be lots more on their plate over the next few months.


 
Last month we did talk some about the proposed referendum for city/county consolidation and I would like to remind you again that information from the 2004-5 study is available on our web site. It can be accessed at http://westsideimprovement.org/city-county_unification.htm or go to www.westsideimprovement.org, click on news and then City-County Unification. The link to the city county study no longer exists but if you go further down the page you can click on “Complete proposal” and it will take you to the final proposal.

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

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

As always, be involved.

Fred Padget

January 2010

As we felt would happen and as you probably already know, the County Commissioners at their December 8th meeting sent the proposed rezoning for Majestic Place back to the Area Plan Commission pending a detailed study of the University Parkway corridor. The plan is for a thorough study from the Lloyd to Diamond including future traffic impacts, impacts on local roads and intersections, water and sewer availability and the University Parkway/Lloyd Expressway interchange as well as potential future land use. In our opinion, this is a good step and our Commissioners should be credited with the vision to recognize the magnitude of change that will happen when the Parkway connects with Diamond and the potential to connect with I-64 sometime in the future. This is the community’s opportunity to do it right the first time and we thank the Commissioners for the chance to do just that. As the study group becomes more formalized and begins to function, we’ll follow the process with great interest and keep you updated.

The Petition to Rezone The Korner at 3911 Broadway Avenue from Commercial, C-2 and Residential, R-1 to Commercial, C-4 was heard and approved unanimously at the December 14 meeting of the City Council. As I mentioned last month, a Use and Development Commitment limits the additional uses which the C-4 would allow to only 7 new uses. The additional uses would include various consignment type sales, a property broker office and a construction office. The APC had previously recommended approval at their November meeting.

The APC at their December 10th meeting heard two rezoning petitions involving areas within our boundaries. First was at 1601 Fountain Avenue which is also in the CHAIN neighborhood. This petition concerned a .2 acre lot with a residence and requested a down-zoning from Manufacturing, M-3 to Residential, R-1 which is its current use. This area was zoned for heavy industrial use since the 1940’s but evolved into an area of mixed use. The petitioners were planning to sell but were advised it would improve their potential to sell if it was zoned properly which would be residential. Normally, these type requests are generally without opposition and I don’t recall any of this type ever being opposed. This petition was opposed by a near-by neighbor. The neighbor lived near there and owned 2 or 3 lots in that area also zoned M-3 as is her residence. She had planned that sometime in the future she would sell her property for some type manufacturing/industrial use and that by rezoning the adjoining property to residential, her property would be devalued. It did bring a different perspective to the case and there was some discussion but, ultimately, the rezoning request was recommended for approval unanimously.

The other rezoning request within our area was a proposed rezoning of 1301 W. Lloyd Expressway from Manufacturing, M-1 and Commercial, C-4 to Manufacturing, M-2. This property is on the northwest corner of the Fulton and the Lloyd where the Sterling Brewery was and is currently owned by the Old Evansville Brewery Development, LLC. This area is predominately industrial with some C-4, Commercial and the proposed stated future use is for offices and warehousing. Additionally, it was stated that this rezoning would provide more flexibility for future development. There are no residential lots adjacent to the site and the proposed rezoning is consistent with the comprehensive Plan. The APC recommended approval unanimously.

 
The APC also heard a declaratory resolution by the Redevelopment Commission of the City of Evansville which would create the Mead Johnson Economic Development Area and establish a tax allocation area (a tax increment financing area, TIF). Although this isn’t a land use issue in the normal sense, we felt it important to bring it up because it does affect the west side as well as Evansville and Vanderburgh County. The crux of the story is that Mead Johnson wants to produce powdered infant formula in addition to the liquid formula now made there. Evansville was in competition with another out-of-state location for this expansion. It represents an approximate $32.8 million investment, 35 jobs and $400,000 per year in increased tax revenue as well as some potential other spin-off jobs. Normally, tax abatement would be used to do this but that didn’t make Evansville competitive with the other location also wanting this expansion so the potential TIF was proposed. In this case, the TIF is limited to the two existing buildings which will be renovated and a 5,000 square foot expansion. Taxes collected from this specific project go back to Mead Johnson over a potential 10 year period. The tax abatement is, of course, phased in while money collected though the TIF would pay off a bond which would supplement the effects of the abatement. There is a cap of $3.8 million for the total relief to Mead Johnson estimated to take about 10 years to complete. I believe a similar arrangement was recently set up for Berry Plastics and, if memory doesn’t fail me, I think there was as similar deal with Azteca out on Route 41. Both the APC and City has approved it while several additional steps remain.

And finally, city-county consolidation may be back. I remember fondly being a part of the committee back in 2004-5 when we put much effort into studying the proposed consolidation at that time. The reason I mention this is that on January 5th, a petition is to be presented to the County Commissioners and City Council requesting we start the process again. As I understand it, if the Commissioners and City Council agree, a study committee would be formed and have about a year to put together a proposal which than could be included in a ballet for the public to vote on. I’m not clear on the specifics of what that would take but I’m sure we’ll have more clarification as time goes on. My point today is that if you’d like to review or refresh your memory of the previous study, it can be accessed on the WIA web site at http://westsideimprovement.org/city-county_unification.htm or go to www.westsideimprovement.org, click on news and then City-County Unification. The link to the city county study no longer exists but if you go further down the page you can click on “Complete proposal” and it will take you to the final proposal. Ahhh, it brings back memories.

There are no rezonings within the WIA boundaries on the APC’s January agenda.

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

As always, be involved.

Fred Padget



 

December 2009

Last month I told you about a Special Use #10 request by Eagle Village (Fifth Third Bank) for additional parking and a Special Use #24 for establishment of a private recreational use which the Board of Zoning Appeals heard at their October meeting. Although the parking is needed we did have concerns about the private recreational use which was stated to be for basketball and volleyball courts but was not limited to only those uses. Private recreational use is not well defined and could include some activities not appropriate for the area. I said the decision was continued until the November meeting but that was wrong. The BZA included the condition that the private recreational use would be limited to only basketball and volleyball courts and also added the condition to the additional parking request that a sidewalk would be included. Unlike the APC, the BZA can add conditions in their approval. The BZA did approve both Special Use requests at the October meeting. I apologize for any confusion.

After several delays, the Petition to Rezone The Korner at 3911 Broadway Avenue from Commercial, C-2 and Residential, R-1 to Commercial, C-4 was heard at the November APC meeting. As you may know, a C-4 zoning would allow 183 different types of businesses. In this case, the petitioner filed a Use and Development Commitment limiting the use to only seven additional type businesses beyond what the current C-2 zoning already allows. They include various consignment type sales, a property broker office and a construction office. There was considerable discussion and we also expressed concern about the construction office and equipment that might be parked there. The petitioner pointed out that a privacy fence separated his property from the residential behind the business and the property contained a wide driveway behind the building where equipment would be kept most of the time. No large equipment would be kept there. Currently there is a C-4 zoning with a contractor shop across the street from this property and a C-4 restaurant next door. The APC recommended approval unanimously. The petition will be heard by the City Council at their December 14 meeting.

The APC December 10 agenda includes a proposed rezoning of 1601 Fountain Avenue from Manufacturing, M-3 to Residential, R-1 which is also in the CHAIN neighborhood and a proposed rezoning of 1301 W. Lloyd Expressway from Manufacturing, M-1 and Commercial, C-4 to Manufacturing, M-2. This property is on the northwest corner of the Fulton and the Lloyd.
The APC will also hear at the December meeting, a Declaratory Resolution, 09-ERC-83, from the Evansville Redevelopment Commission which would create the Mead Johnson Economic Development Area and establish a Tax Allocation Area (Tax-Increment-Finance District). You can learn more about this in the September 29 Courier & Press. That’s all the information I have on the upcoming APC agenda at the time of this writing.
And then we have Majestic Place. As I’m sure you know by now this is the property on the west side of University Parkway between Middle Mt. Vernon and Hogue Road near the University Heights subdivision and now contains 195 acres proposed to be rezoned from Agriculture to Residential, R-2, R-3 and R-4, and Commercial, C-2 and C-4. Total Commercial would be about 85 acres. And, we’ve discussed most of the major issues in previous articles and the various media still provides extensive coverage.

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

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

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

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

As always, be involved.

Fred Padget

November 2009

There were no Petitions to be heard at the October Area Plan Commission meeting involving the Westside Improvement Association and it’s too early for the November meeting agenda to be published. But we did receive information that the proposed rezoning of The Korner will be back on the agenda for November. As you’ll remember from several past articles, The Korner is located at 3911 Broadway Avenue and wants to rezone from Commercial, C-2 and Residential, R-1 to Commercial, C-4. The several delays in hearing this petition have been due to: first, not having restrictions on the some 183 types of businesses that can operate in a C-4 zoning and second, not understanding or following the correct procedure to file a Use and Development Commitment in order to limit the types of businesses. Since we don’t yet have any specific information about this petition, I’ll not speculate but hopefully things will be in order so the petition can be heard at the November meeting.

We’ve also reported previously about a rezoning request by Altstadt Plumbing to rezone about 1.6 acres at 2118 Harmony Way from Residential, R-1, and Agricultural to Commercial, C-4 with a U&DC. You’ll also remember the U&DC was revised to provide only for an Altstadt family operation and not continue as a plumbing contractor shop under any other condition. This petition was approved by the County Commissioners at their October 13 meeting.

You are probably pretty much up-to-date on Majestic Place because of much media coverage of the project but there are a few things I want to tell you about. By now you know this is the property on the west side of University Parkway between Middle Mt. Vernon and Hogue Road near the University Heights subdivision and now contains 195 acres proposed to be rezoned from Agriculture to Residential, R-2, R-3 and R-4, and Commercial, C-2 and C-4. Total Commercial would be about 80 acres. And, we’ve discussed most of the major issues in previous articles. Recently, the direct neighbors and a few others have met with each of the Commissioners individually to express their concerns and have input from the Commissioners. Although I’ve not been involved in those meetings, I understand the conversations were forthright and helpful to those in attendance. I’d like express my thanks and the thanks of the WIA to each of the County Commissioners for taking the time to meet with that group. The nearby neighborhood group has also been having meetings on a fairly regular basis to exchange information and keep updated on current happenings concerning the proposed rezonings.
Recently, the County Commission at the suggestion of President Tornatta appointed a committee to study the proposed project along with looking at the future of the entire University Parkway. The committee is made up of 15 individuals representing the near-by neighbors, USI, the developer and owner, and other interested individuals. Mike Lockard and I are both members of the committee. Our first meeting was held on October 17 and, from my perspective, was an excellent meeting with much very open, honest and heartfelt discussion. It was a good meeting but I’ll not get into specifics at this time because it would be inappropriate and might jeopardize further discussions. Some of the media was upset they were not allowed to be present at the meeting but I think that was the right decision for a couple of reasons: one, I don’t think we wanted to inhibit honest, sincere, open discussion and I don’t think we wanted anyone playing to the media. The committee has no decision making authority and, as I understand it, does not fall into the public meeting category and required public access, however, the group is re-evaluating that decision. The committee’s next meeting is scheduled for November 7 and the project is currently on the Commissioners’ December 8 agenda.

Lastly, Eagle Village is back and we almost missed it. Mike and I happened to be at the October 15 Board of Zoning Appeals meeting on a non-WIA matter when we learned that Eagle Village was asking for a special use for additional parking and a special use for private recreational use. The parking they need and under the code they are required to have although not at the time the facility was built. The parking requirements were changed subsequent to and because of Eagle Village. But, the private recreational use did get our attention. What exactly does that mean? The petitioner says it’s for basketball and volleyball courts. A discussion took place about sidewalks on the property which is also needed from a safety standpoint. Bottom line, it was continued until the November BZA meeting. In the meantime, we need to learn more as to what private recreational use could possible entail. The reason we nearly missed this request for variance was that it was listed as coming from Fifth Third Bank, which it did but it is the Eagle Village property. Apparently, the loan had been defaulted on and Fifth Third took it back.

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 2009

At the September 10 Area Plan Commission meeting, Majestic Place pretty much dominated the evening. But before expressing some thoughts about it, we’ll tell you about the other petitions heard at that meeting and affecting the west side.

The Altstadt Plumbing petition is to rezone about 1.6 acres at 2118 Harmony Way from Residential, R-1, and Agricultural to Commercial, C-4 with a U&DC. As you remember from our last article, this all boiled down to whether the business’ name could be sold to a non-family member and continue to be operated as a plumbing contractor shop. The Use and Development Commitment was revised to provide only for an Altstadt family operation and not continue as a plumbing contractor shop under any other condition. One near-by neighbor did remonstrate as at the previous meeting and much discussion concerned exactly where the business was in relation to the city boundary. The commission voted 6 in favor, one opposed, so it goes to the County Commissioners to be heard at their October 13 meeting with no recommendation.


Let me explain a little about the “no recommendation” because that comes up often and again later with Majestic Place. The Area Plan Commission is made up of 13 members and it takes a majority of all members, 7 or more, to make a recommendation to City Council or County Commissioners to approve or deny a petition. It is not a majority of those in attendance. In this case, there were 7 in attendance and one voted to deny while 6 voted in-favor. Since there were not 7 or more for or against, the APC makes no recommendation concerning the petition. On zoning petitions, the APC can only make a recommendation, the decision to approve or deny is held by the County Commissioners or City Council. In the city, the Mayor also has the authority to veto the Council’s decision. The only authority for “approval or denial” that the APC has is for subdivisions which it must approve if the proposal meets conditions in the Subdivision Code. The APC is the final authority for subdivisions.

We’ve also reported previously about The Korner, located at 3911 Broadway Avenue, wanting to rezone from Commercial, C-2 and Residential, R-1 to Commercial, C-4. Much previous discussion concerned eliminating some of the more undesirable businesses from the 183 that a C-4 zoning allows. The petitioner had presented a letter rather than a formal U&DC to the APC apparently agreeing to eliminate some uses. Since a letter is not an enforceable document by the APC while a U&DC is enforceable, the petitioner decided to, once again, continue this petition to a future meeting. As I mentioned last month, the WIA offered to help write the U&DC for the petitioner but was ignored. At this point, I’m not sure what the petitioner intends to do or if he intends to do anything.


And, although it’s old news by now because of much media coverage, the petition for Majestic Place was also heard at the September meeting. Actually, it was heard for more than 2 ˝ hours. This is the property on the west side of University Parkway between Middle Mt. Vernon and Hogue Road near the University Heights subdivision and now contains 195 acres of which about 80 acres would be commercial. Last month, after a revised U&DC was proposed, I said it would be hard to oppose. Wrong.
The traffic issues become overwhelming when you consider the amount of traffic this proposed development would create. Based on economics presented to the APC by the petitioner, we estimate the average daily traffic flow to increase by a minimum of 8,400 to 8,500 vehicle trips per day or 353 vehicles per hour not including delivery trucks and other service vehicles. Recognizing that most of this traffic would occur from 7 or 8 AM until 10 or 11 PM the hourly traffic would be considerably higher during those hours than the average of 353 vehicles per hour. Obviously this would have additional severe detrimental effect on the University Parkway and Route 62 intersection as well as local roadways. And, it does not consider additional traffic once the Parkway is connected with Diamond Avenue.

Additionally, we still have concerns about the economic impact on surrounding businesses such as Franklin Street, North Park and even Eastland Mall. It is leapfrog development and super large spot zoning which the Comprehensive Plan does not support. And, it’s been determined the west side currently has an approximate 30% commercial vacancy rate. At the September 10 APC meeting, they voted 4 in favor and 3 opposed to the project. Several of the media interpreted this as an approval but as I indicated earlier, the APC can only recommend and it takes 7 votes to recommend either approval or denial. Again, this petition goes forward with no recommendation. At the previous APC hearing in November 2008, the vote was 8 in favor with one opposed so it would appear the project has lost some support since the original hearing.

There is continually so much going on concerning this project, it’s hard to keep up with let alone report on it all. The neighbors have met several times and been heavily involved in a public communication/education program. The WIA has met with Dr. Linda Bennett, USI President, who has written a letter to the Commissioners expressing concern about the traffic issues and overbuilding of private sector student housing. At the time of this writing, two of the Commissioners have met separately with a small group of the neighbors and the developers to learn more about the issues and help resolve some of the differences. Mike Lockard, WIA Land Use Committee Chair, has been putting in a yeoman’s effort, is involved in most every aspect of what’s going on and put in hours of work well into the three digits on this proposed project. And, the phone lines and e-mails have been voluminous. It is a very fluid atmosphere with something coming every few hours. At this point, the petition is scheduled to be heard by the County Commissioners on October 13 at 5:00 but, based on recent rumblings, it may not happen. If you plan on attending the meeting, you may want to check the Commissioner’s agenda earlier that day.

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 2009

Recently there have been 3 proposed rezonings continued to future APC hearings. All three are on the agenda for the September 10 meeting. Although we’ve reported on them in previous issues, we’ll review them again and update you with the current information.

The Korner, located at 3911 Broadway Avenue, was continued from the July APC meeting after much questioning about the lack of a Use & Development Commitment (U&DC) limiting the types of businesses that could operate if the rezoning took place. As you’ll remember, the proposal was to rezone from Commercial, C-2 and Residential, R-1 to Commercial, C-4. Currently there is a C-4 restaurant next door with a C-4 Redi Rooter contractor business across the street. All of the remaining surrounding area is predominantly residential. And, the Commercial C-4 zoning would allow 191 possible uses although some of the uses also require a Special Use Permit or must meet other restrictions. WIA member Mike Lockard tried to work with the petitioner to eliminate some of the more undesirable businesses considering the mostly near-by residential zonings. He put together a proposed list of businesses to eliminate and was willing to meet and discuss the issue with the petitioner to no avail. As I understand, there was no U&DC filed by the deadline for changes. If true, that’s quite disappointing and, in my opinion, indicates a lack of concern for the near-by neighbors. We’ll see how the APC feels at the September 10 meeting.

A second petition by Altstadt Plumbing was continued from July to August and than from August to September. This petition is to rezone about 1.6 acres at 2118 Harmony Way from Residential, R-1, and Agricultural to Commercial, C-4 with a U&DC limiting the use to only a plumbing contractor shop in order to provide for expansion of the business. The expanded area would be primarily for parking and no buildings are currently planned. The rezoning would also bring the property into compliance with the zoning code which it currently is not. There was one remonstrator who was opposed to the rezoning and felt like she’d been told at the 1995 rezoning hearing the property would revert to R-1 if sold. That was not the case. Discussions ensued concerning this petition and whether or not the property and name could be sold and continue to operate with a new owner under the Alstadt name. After some discussion, the petitioner asked to continue the subject until September in order to clarify the language in the U&DC to prevent such an occurrence.

And finally, iiiiit’s back, Majestic Place. This is the property located on the west side of University Parkway between Middle Mt. Vernon and Hogue Road near the University Heights subdivision and was first heard at the November 2008 APC meeting. The original petition proposed rezoning approximately 220 acres into 5 basic uses: senior (over 55) housing, assisted living facilities, students with families housing, student housing and commercial. At that time, it was continued so that further discussion with near-by residents and others could take place in order to address the many concerns expressed at the meeting and prior.
The current proposed rezoning contains about 195 acres with 4 basic uses: senior (over 55) housing, assisted living facilities, student housing and commercial. The previous proposed commercial was about 105 acres of C-4. The current proposal reduces that by nearly 25% to about 80 acres of commercial split 46% C-4 and 54% C-2. C-2 allows considerably less uses than the C-4 zoning. The reduced commercial acreage allows for larger buffer areas near some of the residential areas while other residential areas are buffered by new adjoining residential areas or berms. I’m not a fan of berms because they generally lead to future maintenance or drainage problems but some of the adjoining neighbors wanted them. Perhaps more importantly, the U&DC has been improved considerably. It eliminates more than 50 types of businesses not suitable to the area, provides that all existing lakes will be kept and at the current level or higher, lighting will be shielded, signage will be low profile, gray cement block will not be used as the exterior facade of buildings, trash and noise are addressed, parking areas will include landscaping and green space and several other items are addressed in the U&DC. The plan is for one entrance and exit onto the parkway but that is subject to INDOT approval who may require a second. Bottom line is that most of the concerns expressed have been addressed in some manner.

We still have concerns about the economic impact on surrounding businesses such as Franklin Street, North Park and even Eastland Mall. But the real question becomes, would we rather have an apparently well planned mixed use development with many restrictions or allow the area to be developed as we have Route 41, the Lloyd and Diamond? The area surely will be developed good or bad. At this point, we’ve not finalized our decision but it would be difficult to oppose.

One other piece of business you should be aware of is a change in the way the APC handles penalties/fines. In the past, when the APC became aware of a code violation they would send a letter to the appropriate party informing them of the violation and request compliance with the code. After several letters and no move toward compliance, the only recourse for the APC was to take the violator to court. Of course this is generally a long, expensive and time consuming effort often times with no good resolution. In fact, the APC attorney commented that he could only remember a couple of times that a civil penalty was awarded by the courts. At this point, both the city and county have approved a procedure for the APC to have the authority to issue fines similar to what the Building Commission and Department of Metropolitan Development already have. These fines can run from $500 to $7,500 depending on compliance and number of violations. But the point for the APC is not to fine but have a tool in place that can cause compliance and more timely compliance. Proper and sufficient notice will still be provided prior to initiating any fines.

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

August 2009

The proposed rezoning we wrote about in previous issues of our newsletter concerning 3410 West Virginia Street near the intersection of Mt Vernon, Hogue, Tekoppel and Virginia Street requesting a down zoning from the existing Commercial, C-4 to Residential, R-2 was approved by the City Council at their July 13th meeting. This zoning brings the property into conformance with its current use as a single family residence.

The Area Plan Commission (APC) agenda for their July 9th meeting contained four items located within our boundaries. The first was a proposed rezoning of 3911 Broadway Avenue known as The Korner from Commercial, C-2 and Residential, R-1 to Commercial, C-4. As we’ve mentioned previously, a C-4 zoning allows 191 possible uses although some of the uses also require a Special Use Permit or must meet other restrictions. There was no Use and Development Commitment (U&DC) presented in order to limit some potentially undesirable businesses in the mixed zoned area which includes much residential. After much questioning from members of the APC concerning potential future use and lack of a U&DC, the petitioner requested the proposal be continued to a future meeting and would consider limiting future use of the property with a U&DC. The property is currently for sale as you probably know and the owner is reluctant to limit the use too much for fear of limiting potential sale. The petition will most likely be rescheduled for the September meeting.

The second proposed rezoning on the July 9th agenda involved approximately 1.6 acres at 2118 Harmony Way in order to provide for expansion of the Altstadt Plumbing business. This petition is a request to rezone from Residential, R-1, and Agricultural to Commercial, C-4 and does contain a U&DC limiting the use to only a plumbing contractor shop. An approved rezoning would also require the property be brought into compliance with current zoning code commercial development standards. Prior to the meeting, the petitioner requested this proposal be rescheduled for the August 13th meeting, presumably, to allow them time to resolve some issues with near-by neighbors.
The two lot subdivision on a 10.9 acre tract proposed for the south side of West Boonville-New Harmony Road just west of St. Joe was approved by the APC at July 9th meeting. As you’ll remember from last month’s newsletter, there was some lengthy history to this project and this approval will bring it into conformance with the subdivision code.

And, the 4 lot subdivision planned for the East side of Summertime Lane and South of Hogue Road on 17.6 acres known as Carrie Hills was also approved at this meeting of the APC.

The only item within our boundaries coming up at the August 13th APC meeting is the Alstadt petition previously mentioned. We have received notice that a zoning variance to allow a programmable electronic message board at 401 South Boehne Camp Road has been filed with the Board of Zoning Appeals (BZA). I believe this is the gas station, convenient mart and Wendy’s location at that corner. The request will be heard by the BZA at 4 PM August 20th.

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 2009

Last month, we told you about a proposed rezoning at 3410 West Virginia Street (near the intersection of Mt Vernon, Hogue, Tekoppel and Virginia Street) requesting a down zoning from the existing Commercial, C-4 to Residential, R-2. The R-2 zoning would bring the property into conformance with its current use as a single family residence. The requested R-2 as opposed to an R-1was simply due to the small lot size and allows a higher percentage of lot coverage. This property, along with many others in the area, was blanket zoned years ago in anticipation of future development or an attempt to direct future development. Currently, most financial institutions will not finance or re-finance a property if it is not zoned properly for its current use. The APC unanimously recommended approval and the petition will be heard by the City Council at their July 13 meeting.

On the APC agenda for this month are four items located within our boundaries which will be heard at their July 9th meeting.

A couple of months ago, we mentioned a proposed rezoning of 3911 Broadway Avenue (The Korner) from Commercial, C-2 to Commercial, C-4. The 1.1 acre property is owned by Richardson Homes, LLC. This property is currently for sale with a C-4 on the eastern side and across the street. This area also has some Residential, R-1 bordering it and other R-1 in the area. The city Zoning Code (by my count) allows 191 possible uses within a C-4 zoning although some of the uses also require a Special Use Permit or must meet other restrictions. Some of the potential uses are not compatible with residential areas but no Use and Development Commitment (U&DC) limiting the types of possible commercial operation is being presented. The property lies entirely in the flood zone with a stated use as an automobile lot, flea market, and other retail.

The building on this property was built in the early 1930’s and was remodeled and expanded over the years. In 2005, the use was changed from a convenience store to a party house. As a party house, additional parking was required but was never done. Since the additional parking was not done, use as a party house is no longer permitted.

A second proposed rezoning from Residential, R-1, and Agricultural to Commercial, C-4, involves approximately 1.6 acres at 2118 Harmony Way and is to provide for expansion of the Altstadt Plumbing business which currently operates adjacent to this area. The property is surrounded by R-1 and Agricultural with the Altstadts living next to the property.  In 1955,
.35 acres were rezoned to C-4 after construction of the plumbing shop had begun without proper permits or zoning. When the proper zoning was approved a U&DC limited use to a plumbing contractor shop. The shop was also expanded in 2001. The current rezoning petition also contains a U&DC limiting the use to only a plumbing contractor shop and, if approved, will require the property be brought into compliance with zoning code commercial development standards.

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

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

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

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

As always, be involved.

Fred Padget

June 2009

There were no rezonings within the WIA boundaries on the APC’s, County Commissioners’ or City Council’s agenda during May; however, there is one rezoning on the June 11 APC agenda. This involves a property located at 3410 West Virginia Street near the intersection of Mt Vernon, Hogue, Tekoppel and Virginia Street: and is a request to down zone from the existing Commercial, C-4 to Residential, R-2. The R-2 zoning would bring the property into conformance with its current use as a single family residence. Although an R-1 is also for single family residences, the R-1 allows only 30% lot coverage whereas the R-2 allows 40% lot coverage. Since this is quite a small lot, presumably that’s the reason for an R-2 rather than an R-1. This petition is planned to be heard by City Council on July 13.

Last month we told you of the proposed rezoning of 3911 Broadway Avenue which is known as The Korner from Commercial, C-2 to Commercial, C-4. At this point, that petition is still planned to be heard by the APC on July 9 and by the City Council on August 10.

The proposed rezoning for Majestic Place, the approximate 220 acres west of University Parkway, is apparently still on hold. As I said last month, we’ve heard the project will likely be downsized to some degree and, perhaps, other changes will be made to the plan. At this point, I know nothing more but will continue to follow the project and keep you informed about it.

We don’t usually report much about neighbor’s complaints although we do try to help resolve complaints about legitimate issues. As with most springs when the rain starts, we get a lot of drainage and soil erosion complaints. One of the more serious this year deals with the approved development just off Jobes Lane. This is hilly, rolling ground and most of the trees and vegetation was removed prior to the spring rains. The developer had not put up silt fences or
implement other drainage control measures as required and when the rains came, so did the drainage and erosion. Local residents had mud all over their property and driveways while Jobes Lane was covered with mud. Some corrective actions have been taken and more are needed. Additionally, drainage from the lake on the east side of Jobes Lane is also a problem and some proposals are in the works to help alleviate that problem. The County Engineers Staff and County Surveyor are involved and working to correct the situation.

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

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

As always, be involved,

Fred Padget

 

May 2009

Again this month there is very little to report. There were no rezonings within the WIA boundaries on the APC’s, County Commissioners’ or City Council’s agenda during April and, at this point, I know of none for May.

We have been informed about a proposed rezoning of 3911 Broadway Avenue which is known as The Korner from Commercial, C-2 to Commercial, C-4. The property is owned by Richardson Homes, LLC. This property is currently for sale with a C-4 on the eastern side and across the street. This area also has some Residential, R-1 bordering it and other R-1 in the area. The city Zoning Code (by my count) allows 191 possible uses within a C-4 zoning although some of the uses also require a Special Use Permit or must meet other restrictions. Some of the potential uses are not compatible with residential areas and we, most likely, will seek a Use and Development Commitment to eliminate some of those possibilities. The petition is to be heard by the APC on July 9 and by the City Council on August 10.

The proposed rezoning for Majestic Place, the approximate 220 acres west of University Parkway, is apparently still on hold. I've not heard anything from anyone in a month or more other than general discussion. I did have a call the other day from someone who told me they had heard the commercial was off the table with only the over 55, assisted living and student housing remaining. I wouldn't take that to the bank but it would be a step in the right direction. I’ve also heard from another source that the commercial is going to either be eliminated or reduced and the number of senior housing units and assisted living units increased. At this point, we just don’t know what the plan is or if there is a plan. We’ll wait and see, keep our ears to the ground and let you when we get some verifiable information.

Since I have some space left, I’d like to take a minute and update you on some other happenings. The Smart Growth Group has put together a proposal for landscape islands in parking lots. They may include trees but could also contain shrubbery or other types of landscaping. Some developers already incorporate these into their parking lots but this would be an encouragement for others to do the same. In studying this, the group learned that shoppers are willing to pay a higher price for products from stores with aesthetically pleasing parking and businesses are willing to pay higher rental rates for space. It has been presented to the Mayor and some of the County Commissioners and seemed to be well received. We’ll let you know more as this proceeds. The group is currently working on a proposal for protection of riparian ways and water ways.
The Greenway is in the process of refurbishing the Marchand Bridge which is the railroad bridge nearest the river along Ohio Street. This site will be a trailhead for the Greenway with signs of text and graphics explaining some of the history associated with the bridge and immediate area. This trailhead will be connected to the Shirley James Historical Interpretive Site which is also currently under construction. There is also currently additional Greenway under construction with more in the bidding process.

And, there is a new group in town. Just in the process of being organized, a coalition of public and private organizations and individuals interested in walking, running and bike pathways for improved health and alternate forms of transportation is in the process of being organized. As yet a name has not been chosen and the group is in the very early stage of organizing. The intent is to provide additional pathways around the city and county, and connect with surrounding cities and counties. The group will not conflict with Greenway construction or operation but rather provide additional, less formal facilities for walkers, runners and bikers to provide a more extensive network of pathways in the tri-state region. I would expect you’ll hear more soon if not already, probably in the form of a public announcement and other information.

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 2009

There is very little to report this month. There were no rezonings within the WIA boundaries on the APC’s, County Commissioners’ or City Council’s agenda during March and, at this point, I know of none for April.

The proposed Majestic Place development of about 220 acres located on the west side of University Parkway between Middle Mt. Vernon and Hogue Road continues to be on hold while the owner and developer continue to refine their plan based on the concerns of near-by neighbors and others. We do know they have had some private meetings with some of the abutting neighbors but are not aware of any specific conversations.

Recently, we did meet with the developer and his representative to discuss the WIA concerns. We expressed that we still saw no need for 110 acres of commercial (1˝ times the size of Eastland Mall in terms of acres) and that it would be detrimental to other existing commercial areas such as Franklin Street, North Park, Pearl Drive, and potentially Eastland Mall. There has been little population growth in the area to support the proposed very large commercial development with Vanderburgh County averaging only 3/10 of one percent growth over the last several years. We also talked about larger buffer zones, increased set-backs, a frontage road, low impact development, and many other things that should be considered. But our bottom line is that this large commercial development is not needed and, worse, will have a detrimental impact on many other current commercial areas.
Ironically, as you know we are doing a series of articles on Land Use Planning and looking at the Evansville/Vanderburgh County Comprehensive Plan which states “The largest areas for new future residential use designated in the Plan are along the proposed Eickhoff-Koresssel road (now the University Parkway) project in western Vanderburgh County and in the northeastern part of the County. The Plan calls for protecting the residential character of neighborhoods from intrusion by incompatible uses.”

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

March 2009

Because of the recent ice storm which I’m still cleaning up and catching up from, it’s been a while since we’ve reported to you. But the Land Use Committee operating in its normal 24/7 mode continued to be involved. Much of our recent involvement has been with the proposed Majestic Place development. You’ll remember this concerns about 220 acres located on the west side of University Parkway between Middle Mt. Vernon and Hogue Road proposed to be rezoned from Agricultural to Residential R-3 and R-4, and Commercial C-4. It is planned to be divided into five basic uses: 50 acres would be devoted to senior (over 55) housing, nearly 14 acres for assisted living facilities, 50 acres for student housing and 105 acres for commercial development. The owners are Gene Pfeiffer and, Sheldon and Linda Downey with Gene Hahn as developer.

You’ll probably also remember, the Area Plan Commission heard this petition on November 13 and recommended approval 8 to 1. It was to be heard by the County Commissioners on November 18 but was continued until January 20, 2009. Prior to the Commissioners hearing, there were three large meetings of concerned neighbors with several sub-groups working on petition gathering, researching information, meeting with many different individuals who have a stake in the outcome of the decision or influence over it and many other connected tasks. Additionally, there was and still is much media coverage.

Prior to the scheduled hearing on January 20, many conversations with the Commissioners and the petitioners' attorneys took place trying to reach some common ground. Eventually, the petitioner agreed to ask the Commissioners to send it back to the APC for possibly revision based on what might come out of a meeting with the concerned neighbors. Even so, many concerned neighbors appeared at the Civic Center for the previously scheduled hearing. After some comments and a short address by the Commission President, the group adjourned to the outer hallway where they spoke to some media and discussed their respective positions.

Later that evening, a meeting between the petitioner, developer, their representatives and many concerned neighbors did take place. Some of the concerns expressed included increased traffic congestion and traffic safety, decrease in adjacent property value, not in character with the existing neighborhood, light and noise pollution, potentially poor design causing unsightly development (the big box mentality) and drainage. Some other concerns about the extremely large commercial, about 1-1/2 times the size of Eastland Mall in terms of acres, include potential detrimental effect on surrounding businesses including Franklin Street, North Park, Pearl Drive, and possibly even Eastland Mall. With an average population growth in Vanderburgh County of only .03% over the past several years, with Lawndale a nearly ghost town, and an approximate 30% commercial vacancy rate in the area, infill development as called for in the Comprehensive Plan would be more appropriate, especially for the benefit of the greater community. And, with the nearest commercial area approximately 2-1/2 miles away, this is simply leap-frog development and mega spot zoning. Additionally, many opposed the student housing and felt it would be more appropriate for on-campus housing if there was a need. Many also felt it would not be a good combination with the over 55 housing and assisted living in close proximity. The petitioners’ attorney took several pages of notes so they could evaluate the concerns and promised to get back with the neighbors and update them as to what they might consider. This has not been done yet to the best of my knowledge; however, there have been some individual meetings between the petitioner and abutting property owners.
There is much more I could continue with but you can visit www.grown.tv and find a wealth of information about the proposed project and the associated concerns. At this point, it’s back in the hands of the APC awaiting whatever changes the petitioners might make. Obviously, we’ll continue to watch and be involved with this large project which could possibly have a long term adverse effect on the nearby neighbors as well as the entire region.

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

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

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

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

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

As always, be involved.

Fred Padget

 

January 2009

It’s been a while since we’ve reported to you but there has been a great deal of activity going on within the Land Use Committee. In our last newsletter, we told you about 220 acres located on the west side of University Parkway between Middle Mt. Vernon and Hogue Road proposed to be rezoned from Agricultural to Residential R-3 and R-4, and Commercial C-4. As you may remember, the property is planned to be divided into five 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 unmarried student housing and 105 acres for commercial development. The owners are Gene Pfeiffer and Sheldon and Linda Downey with Gene Hahn as developer. The project is known as Majestic Place. The APC previously voted 8 to 1 in-favor of recommending approval of this proposed rezoning. The County Commissioners are planning to hear this petition on January 20.

Subsequent to the APC meeting, the neighbors have held two informational and organizational meetings which had a great number of participants, by far the most I’ve seen at any such meeting. Additionally, several sub-groups have been working on various and specific tasks; petition gathering, researching information, meeting with many different individuals who have a stake in the outcome of the decision or influence over it and many other connected tasks. Hardly a day goes by without some type meeting and, at least several phone conversations or e-mails. The group is super well organized. To learn more about the group, Grow Responsibly On the Westside Now, you may want to check their web site out at www.grown.tv.

Most of the concern centers on the 51 acres for student housing and the 105 acres for commercial. As we said in our last newsletter, the commercial would be one-and-one-half times the size of Eastland Mall and with Lawndale nearly a ghost town, North Park struggling, and a real possible adverse effect on Franklin Street, Pearl Drive, and even Eastland Mall, this project is not rational for the good of the community. Good land use planning and our Comprehensive Plan tell us to use in-fill development first and develop from the core city outward. This project does neither. And, 41acres are to be devoted to single student housing with a promise of only 250 single student residents. This isn’t logical and doesn’t even make sense from an economic standpoint or history. That would be only six students per acre. Eagle Village can house 2,048 students and sits on six acres. That equates to 341 students per acre. But perhaps the biggest problem is traffic safety and congestion at the intersection of the parkway and the Lloyd as well as other roads and intersections in the area. Traffic will be magnified more than we can possibly anticipate.

This area is going to develop. We welcome good, well thought-out development that will respect the character of the area and benefit the county, city, and entire region. This isn’t it.

In the same general area, there is a request to rezone about 11 acres from Residential, R-1 to Residential, R-4 and Commercial, C-1. This property is at 8530 Middle Mt. Vernon Road and located just off Middle Mt. Vernon east of the University Parkway. It’s the same property that Greg Moore wanted to put student housing on about three years ago. The property is owned by Gilbert Hartig and the developer is Ramsey Development Corporation from Tell City.
The proposal is in two separate rezoning petitions. The proposed R-4 would be limited by a Use and Development Commitment (U&DC) to a 55,000 square foot building consisting of 40 assisted living beds and 60 skilled nursing beds for the elderly. It would also include a second 20,800 square foot building for memory care of the elderly. The C-1 is proposed for doctors’ offices and contains a U&DC saying it would not allow student housing or apartments.

On December 17, representatives from the Ramsey group as well as Trilogy Health Services, who would operate the health care facilities, met with the nearby neighbors. Much of the concern was expressed by residents of Cherry Hill Drive whose back yards would abut the project. A drive and some parking areas would be close to the neighbors and there was concern about lighting and traffic noise so close to their property. Concerns were also expressed about traffic on Middle Mt. Vernon and ambulance calls. Our main concern was the proposed C-1 zoning which would allow apartments, offices, group homes and such but, of more concern, would allow 49 types of business including fast food operations. We feel a zoning of CO-1 or CO-2 would be more appropriate and would allow business and professional offices which is what they are proposing. Although the WIA has not yet taken a position on the proposal, it would appear to, perhaps, be something we can consider supporting knowing that something will eventually happen with that property.

And then there is annexation. Although this isn’t strictly a land use issue, we will try to keep you informed about it. The proposed area for annexation is approximately bounded by the Perry Township limits (which are coincidental with the Indiana/Kentucky state line), the Union Township boundary limits, and just west of Boehne Camp Road to Middle Mt. Vernon Road to the north. It measures about 2,142 acres, and contains 637 rental units and 594 single-family residences as well as most of the commercial development that has occurred just west of Red Bank Road including Home Depot, Lowes and Pearl Drive as well as other areas. Although some are in favor, many of the residents are opposed and groups are organizing in opposition to the annexation. The concerns are higher taxes, lack of snow removal, and road de-icing, and a low probability of sewers where they are non-existent at the present time and other issues. Several areas within the city still do not have sewers.

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
 

December 2008 - Information on Proposed Development along University Parkway

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 13 meeting and the County Commissioners approved the petition on November 18.

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 13. 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 any assumptions to you. And, there is a legal concern about restricting housing for married or non-married students. The 105 acres of commercial is at least

50% 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. Even worse, the developers are making grandiose promises about the development of the property, but as we know from experience, once approved they can do about whatever they want other than what is covered in a Use and Development Commitment or private covenant.

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. The County Commissioners were to hear this petition on November 18, but it was continued until January 20. That date could change depending on the will of the new Commission after the first of the year.

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
 
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

 

 

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.
 
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.
 
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.


 
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 some cellular service providers have poor reception in this area, however, the County Ordinance is clear that cellular towers should not be in residential areas and that zoning variances should not be caused by allowing a special use. There are other more appropriate sites within close proximity to this area that could be used, although they might be slightly more expensive to St. Charles.

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

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

The request by Moore Development (remember student housing on Schutte Road) to rezone 11.5 acres at 8530 Middle Mt. Vernon Road from Residential, R-1 to Residential, R-4 and scheduled to be heard at the August APC meeting was continued until the September 8 APC meeting (4 p.m.) at the developer’s request. Although apartments are stated as the intended use, we have no information as to the type of apartments and, as you may know, an R-4 zoning would allow dwellings for three or more families, group homes, supervised group living programs, sororities and fraternities. This would include potential student housing. Two meetings with concerned neighbors and the WIA have been held and both were very well attended. Even I was amazed at the attendance level, and amount of information and effort put into this potential rezoning by the concerned neighbors. The neighbors will meet again during early September. Without getting into critical detail, rest assured the neighbors are well organized and determined to have this proposed rezoning defeated

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

Fred Padget

July 2005

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

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

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

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

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

 

June 2005

Last month I told you about a request for variance before the Board of Zoning appeals to allow an accessory structure larger than the residence for construction of an addition to an unattached garage at 3600 Detroy Road. This case had gone on for a couple of months and as you remember the zoning ordinance requires that accessory (stand alone) structures not be of greater square footage than the residence. In this case the new structure was to be over 3,200 square feet, which was approximately twice the size of the residence. Additionally, the lot already had another free standing structure. After considerable testimony from both the petitioner and remonstrators an agreement to reduce the size of the building from 40' x 80' to 40' x 40' was agreed to and approved unanimously. This might seem like a minor concern but the ordinance helps to ensure that neighborhoods maintain their character and don’t allow something completely out of line with the make up of the neighborhood. In the final analysis, it is mostly judgment based on the individuals involved.

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

have required a variance for set backs from the required 370 feet to 200 feet. The special use causes the need for variance. The board considered these arguments along with many other concerns expressed by the neighbors and they denied the special use for a tower by a vote of two in favor, five against.

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

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

Fred Padget

May 2005

Although the WIA has been not involved with any significant rezoning issues during the past month or two, we are concerned about some zoning requirement variances currently before the Board of Zoning Appeals (BZA).

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

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

The May agenda for BZA also includes a request for a Special Use Permit for the recently closed convenient market on Broadway, now known as The Korner, to re-open as a “Party House”. A request for variance approval of an additional gravel parking lot at this location is also part of the agenda. At this point, I have no additional information but will keep you informed.

The Area Plan Commission (APC) agenda for the May 12 meeting (now continued until June 9) includes a petition to rezone 4600 Middle Mt. Vernon Road from Residential, R-1 to R-3. The potential purchaser and developer is Goebel Investments. Marlin Goebel has a major interest in this group as well as the current Brickyard expansion on Upper Mt. Vernon Road and the on-going construction of Hickory Lake on Middle Mt. Vernon Road. The preliminary plan for this approximate 7˝ acre site is for about 40 one-story condominiums. They would likely contain two bedrooms, although there may be some one and three bedrooms, all with a garage. Average selling price is expected to be in the range of $150,000. They would adjoin the Hickory Lake development. On May 4 the developer held a meeting with the neighbors and a second meeting is currently scheduled. The neighbors expressed several concerns dealing with traffic, sight barriers, esthetics and other valid concerns. The developer is agreeable to addressing as many concerns as possible within his jurisdiction. Based on his commitments and follow-through at previous projects, we would expect that to also occur with this project.

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

 

March 2005

First, I’d like to correct some information in my article last month. I reported that ground had been broken for a Deaconess Medical Center on Boehne Camp Road just south of the Lloyd. That was only partly correct. Ground was broken but it is for the Welborn Clinic Westside. The official groundbreaking for the Welborn Clinic Westside actually took place on Wednesday, February 23, 2005. I apologize for the error.

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

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

In regard to the Rezoning Petition for the old U.S. Marine Hospital grounds at 2700 West Illinois Street, this petition had been postponed until the February 28 meeting of the City Council. Just a few days prior to that hearing, the petition was withdrawn from the process. Apparently Mead Johnson, owner of the property, and an unknown potential purchaser were unable to complete their negotiations prior to that meeting. This means the property cannot be petitioned for another rezoning for one year. However, it is currently zoned R-3 Residential and anything fitting that zoning could proceed at any time. Elsewhere in this newsletter, you might enjoy reading a little history about the grounds and the hospital built in 1892.

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

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

Fred Padget

February 2005

Over the last couple of months, we’ve reported on the Rezoning Petition for approximately 10 acres of land at 2700 West Illinois Street adjacent to the Hillcrest Washington Youth Home and better known as the old U.S. Marine Hospital grounds. This Petition, which had been continued to the January meeting of the City Council, was again continued to the February 28 meeting of the City Council. As you remember, the proposed use for this property was a warehousing operation. Because of safety concerns due to limited ingress/egress, potential drainage problems, and the surrounding area being residential, the nearby neighbors were adamantly against the proposal. Mead-Johnson, the petitioner, is making an effort to find a more suitable use for the property and one that would be more acceptable to the neighbors. The continuance should, hopefully, provide the time needed to accomplish a better solution for the area. The involved neighbors, along with the WIA and our local Councilman, are working with the Mead Johnson attorney to arrive at a satisfactory land use. We’ll keep you informed concerning this matter.

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

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

opposed to the change. A major concern of the residents is that Dorothy Drive not be closed at this time because of safety concerns regarding potential need for emergency vehicles. Also, there is concern about what type of commercial would occupy the site. Additionally, a private covenant between the developer and the adjoining landowners was created during the original rezoning and is still in existence. This covenant spells out certain conditions that must be met by the developer and restricts the land use. It will be in conflict with the new rezoning, if approved, and the parties to the covenant will need to resolve this issue in some manner. There are many considerations concerning this petition and after much discussion of the many issues by the APC, it was recommended for approval, 10 for, 0 against and will be heard by the City Council on February 28th.

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

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

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

Fred Padget

January 2005

Last month I reported on a rezoning petition by Mead Johnson concerning the old U.S. Marine Hospital property. As you may remember, the only ingress/egress to the property is from West Illinois Street with parking on both sides and classified only as a “local street”. This would present significant safety concerns for the nearby residents. Additionally, some of the nearby neighbors suffer severe drainage problems and feel development would only intensify the problem. The petition would limit use of the property to a warehousing operation. This petition was to be heard by the City Council on December 20 but was continued until January 24, 2005 at the petitioner’s request. We’ve met with the petitioner’s attorney on several occasions, talked with the neighbors and met with our local elected officials to find a plan that would satisfy most and be in the best interest of the community and area. We feel significant progress is being made but it would be premature to say anything further. We’ll continue to work in the best interest of the area and neighbors. And, we’ll keep you informed as the project progresses.

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

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

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

In other issues, you’ve probably read that the Vanderburgh County Alcohol Beverage Board recently turned down Wal-Mart for a license to sell beer and wine. Although there were many remonstrators, the factual and detailed presentation by Mike Lockard, Chair of the WIA Land Use Committee, was a major contributor to the Board‘s decision and revolved around the lack of need in this area, Wal-Mart’s standing in the community, the destructiveness to young people by alcohol related accidents and the increased ease of alcohol being purchased by underage individuals. The case will be appealed to the state and we will continue to be involved.
Another alcohol license request by Busler’s on St. Joe was also rejected at the same meeting. In this case, the license was being requested under the provision for grocery stores. In March of last year, the WIA Board took action to support both a city and county resolution concerned with the expansion of the definition for a grocery store in connection with issuing alcohol licenses. In this instance, the whole case revolved around the question of whether or not Busler’s would be defined as a grocery store. Because of very limited availability of grocery products, the license was denied. The Busler case is quite similar to Zeller’s request, which we reported on previously and is being appealed to the state.
If you’ve driven south on Red Bank from the Lloyd recently you may have found yourself eyeball to eyeball with a northbound vehicle at Pearl Drive. A scary and dangerous situation. We’ve talked with all the involved officials and hope to see this corrected as soon as possible. It appears the contractor did not follow the planned layout for the road or road markings. Link to Courier Article, 1/8/05
And finally, we have had many complaints about the parking lot lighting at the new Wal-Mart. Again, if you are southbound on Red Bank near the Lloyd, the lighting is blinding for a driver. We’ve also talked to all the appropriate officials about this danger including a planned presentation to the Safety Board. Although there was some original confusion as to whether or not any ordinances were available to address this problem, we have determined both the city and county have an ordinance specifically addressing parking lot lighting and highway safety. We can thank both the city and county’s new web site for this as they both contain their respective ordinances.

Fred Padget

June 2004

The Land Use Committee has been very busy lately. Let’s begin with requests brought before the Board of Zoning Appeals. Three items of interest to the WIA were on the May 20 agenda. One concerned a request by Wal-Mart for relaxation of signage restrictions from six signs to 21 signs attached to the building and a relaxation from the permitted 500 square feet to 1,436 square feet as well as two additional “free standing” signs. Members of the Zoning Appeals Board quickly asked some very direct and pertinent questions concerning why so much signage was needed especially in comparison to the eastside Wal-Mart. The Wal-Mart representative could not provide much of an answer and conceded she was not even aware that Wal-Mart had an eastside store. The representative finally asked for a continuance until June in order to better acquaint herself with the local situation. We will follow this closely and remonstrate if appropriate.

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

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

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

The June 2, 2004 Area Plan Commission Agenda included no rezoning petitions for the Westside. This is the first time in a long time that no Westside projects were scheduled to be heard.

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

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

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

 

May 2004

Click here for information about the Comprehensive Plan update.

At the April APC meeting the only rezoning petition heard and pertaining to the west side was 8845 Vienna Road. This is a several-acre tract in northwest Vanderburgh County, currently zoned Commercial. The petition requested a rezoning to Agricultural. The area contained some buildings that were previously zoned Commercial because of some farm-related activity. The current owner plans on using the buildings for non-commercial storage and wished to rezone in line with the rest of his property. It was approved unanimously by the APC and subsequently by the County Commission on April 19, 2004.

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

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

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

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

owner was Gene Hahn. At this point we don’t know about the road widening but are trying to get some information on it. Additionally, you probably read in the May 6 edition of the Courier & Press, and in some previous articles, about Wal-Mart’s subcontractor refusing to allow building inspectors on the site. Two “stop work” orders were issued with at least one being ignored for some period of time. This action, along with several things previously reported, represent, at least to me, an air of “corporate arrogance”. Wal-Mart may be the largest retailer in the world but should look at many other very large corporations whose arrogance had great adverse impact on them. I asked in an earlier article “why does some of our development come from the bottom of the barrel”? These recent actions only help to confirm that opinion.

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

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

April 2004

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

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

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

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

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

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

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

March 2004

As you may have recently read in the Courier & Press, the area east of Red Bank and behind Backyard Burger is to be developed as a small strip mall. With steep terrain and a significant gully, this area is less than desirable for development and will present many on-site problems with potential for off-site problems. The zoning has previously been approved with the intent to extend Pearl Drive and resolve a safety issue due to heavy traffic in that area.

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

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

Also in the area of zoning, the coalition group concerned with reviewing and, perhaps, proposing changes to the ordinance that would require our elected officials to approve subdivisions in agriculturally-zoned areas recently met for the first time. The meeting was primarily to see if support exists for a change and general discussion as to how it might happen. This will probably be a rather lengthy process as much research of other zoning ordinances will take place as well as evaluation of any potential economic impact to the area before recommendations are made. Any revision to the zoning ordinances, one for city and one for the county, would need approval by the County Commissioners and City Council, respectively.

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

February 2004

A few items left over from January that I’ve previously mentioned are the rezoning of 2751 Allens Lane for condominiums which has been continued to a future hearing, a rezoning from C-2 and R-2 to C-2 for 701 - 719 Hess Avenue along the west side of St. Joe near Delaware was approved in January by the APC for a full service Wal-Greens, 3426 Iglehart at Tekoppel was approved for R-3 from R-2 and a down zoning of 2305 West Franklin from C-4 to C-2 was also approved at the January APC hearing. The subdivision hearing of Berendes Minor on New Harmony Road near Koring Road was once again continued to February.

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

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

We are becoming more concerned about the proposed Wal-Mart development on Red Bank near Lloyd. The Soil Erosion Plan submitted some time ago by Wal-Mart was significantly deficient and, at this writing, no new plan has been submitted. At the same time, there is a property in the Jobes Lane area being considered for fill material at the proposed Wal-Mart site. This area is a soil type normally susceptible to erosion, quite thin and underlain with sandstone and/or bedrock. If this area was disturbed and later abandoned, it could become a serious situation. Also, the current traffic plan, at least as I’m aware, leaves much to be desired. The increased traffic on Red Bank, Pearl Drive and the surrounding area will be nothing less than a nightmare. As more information develops, we’ll keep you informed.

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

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

 

January 2004

One of the realities in Vanderburgh County is that changes in land use activity take no holiday. December was no exception. A petition by Dennis Owens to rezone an area on the south side of Lloyd across from Dorothy Drive was heard by the Area Planning Commission (APC) on December 3, 2003. The area is slightly more than 10 acres and the request was to change from an R-1 and C-1 to a C-4 zoning with several Use and Development commitments.

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

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

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

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

Subsequently we met with the developer to discuss what would be acceptable at that site. We had also met many times prior to the APC meeting. Based on commitments from the developer to remove two 90 degree bends from the creek and other improvements which will improve drainage in the area of Hogue and Rosenberger; to replant reasonably mature trees along Carpentier Creek along with other landscaping as the property is developed; improve the flow and aesthetics of the creek; and to continue development of the south side in a responsible manner, we supported the project at the City Council hearing.

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

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

Fred Padget
Acting Chair

 

September 2003

The 22 home subdivision proposed at the southeast corner of Hogue Road and Boehne Camp Road scheduled to be heard at the September 3, 2003 Area Plan Commission (APC) Meeting was continued until October 1. The project was approved by the APC at the October 1 meeting with a vote of 10 in favor, 0 against and 2 abstentions. This subdivision will have five or six of the 22 lots entering directly onto Boehne Camp. Plans call for those lots to have driveways sufficient to allow a turn around area to enable the vehicles to enter Boehne Camp Road in a forward position as opposed to backing onto the highway. An innovative drainage plan will preserve considerable woodland growth by causing storm water drainage to be dispersed over a large area as opposed to creating a retention pond. This type plan is not suitable to many areas but where possible appears to be much more environmentally friendly. The drainage normally flows directly into the tributary which previously flowed into Schmadel Lake and on into Carpentier Creek via an unnamed tributary. Several residents remonstrated with concerns of traffic and safety issues because of the close proximity of Perry Heights Middle School. Widening of Dogwood Drive was also an issue of concern.

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

 


 

There is much preliminary discussion about changing the zoning ordinance or modifying zoning requirements to address this deficiency along with some other land use issues. This could most easily be done by adjusting single family housing density or some other modifications to the existing ordinance. As it stands now, major subdivisions can happen without the review and approval of the County Commission or City Council. In my opinion, changing this procedure, which for the most part locks out concerned citizen input, must be a high priority for anyone concerned with proper land use and the ability of citizens to be effectively heard in regard to subdivision approval. We will watch this closely and be involved to help make a positive difference.

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

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

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

Fred Padget, Acting Chair

 

August 2003

During the past month or so we’ve had several complaints about weeds and dust. I guess that just goes with this time of year. One of the complaints concerned weeds on Broadway at the old Howell Post Office and another at the gas station near the Methodist Church on Broadway. They were reported and have since been cut. If you have an uncut weed problem in your neighborhood you can call 435-7821 in the city and 436-7867 in the county.

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

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

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

A 22-home subdivision is being proposed for the southeast corner of Hogue Road and Boehne Camp Road across from Perry Heights Middle School. This project was to be heard by the Area Planning Commission (APC) on September 3 but was continued to a future date. I’ve had one call about the project but no opposition as of today. We will watch the process, review the staff report and proceed in the best interest of the West Side and neighbors' interest.

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

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

Fred Padget

July 2003

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

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

Complaints concerning dust from land disturbing activities at Carpentier Creek Pavilion off Rosenberger and Hogue Road have been numerous as have complaints about mud and dust on Hogue Road at the construction entrance. We have discussed this with the appropriate local agencies and the developer has been contacted concerning these problems. At the same time much work has been done toward removing the obstructions from Carpentier Creek on the south side of the Lloyd. This is the area that had been under a DNR violation for over a decade with no action being taken.
 

             Fred Padget

 

May 2003

As you probably know by now the Petition For Rezoning of approximately 5.9 acres of the southeast corner of Schutte Road and the Lloyd Expressway from agricultural to residential R-3 was approved by the County Commissioners on April 21, 2003. The developer is Moore Investments, LLC., and the proposal is to build 10 buildings with 8 apartments each for a total of 80 apartments. Total investment excluding land is reported to be $3.7 million.

Although we were not specifically opposed to the rezoning, we did have several concerns about traffic, drainage, occupancy density and future prospective tenants. We have great concern for the potential of becoming an off-campus party house, however, the developer committed though his attorney that this would not happen because it would not be in the long term interest of the developer. A Covenant and Restriction does address the issue of barriers and landscaping to minimize lighting disturbance for the neighbors on Schutte Road.

This was a tough issue for the WIA. As stated we did, and still do, have some serious concerns. At the same time the area is included in the Comprehensive Plan as residential so being successful in getting the
rezoning approval denied was extremely remote at best. As the project proceeds though various stages such as site review, drainage review and obtaining proper permitting, many of our concerns will be addressed in more detail.

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

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

April 2003

In our last news letter, I expressed much concern about the Rosenberger/Hogue Development recently renamed the Carpentier Creek Pavilion. At that time the developer was under order from the Vanderburgh County Soil and Water Conservation District to make certain corrective actions or face an enforcement action based on a local ordinance. Faced with that potential enforcement action, much media coverage by the Evansville Courier Press and efforts by the WIA, the developer chose to get in compliance with the filed Erosion Control Plan and the local ordinance. Although the disturbed area looks a little rough, the developer is in compliance at the time of this writing.

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

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

Should we accept a fatalistic viewpoint and give up the fight for our area, the environment, open space and a life style we enjoy? Absolutely not. We need to work with the system and help to direct development to those areas where it makes sense. Keep commercial development in contiguous areas while providing planned residential areas for young people, couples with a family and the older generations who wish to continue to live in the area. And do this only within limits of what the economy will support. It’s easy to be against change and fight for no development. I believe a pragmatic approach of working within the system to direct the future in some planned and logical manner will provide considerably better results in the long run.

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

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

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

January 2003

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

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

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

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

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

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

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

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

News on the Development at 111 N. Red Bank Road

Rezonings before City Council - April 15, 2002

The Evansville City Council will meet Monday night in Room 301 of the Civic Center. There are two rezoning requests before the Council that continue to face concern and opposition.

There is a request to rezone 5.92 acre at 222 S. Red Bank Road. The request, from Red Bank Development LLC (run by developer Gene Hahn) is to rezone the property from R2 to C4. The proposal is to change the outlet of the frontage road (next to Backyard Burgers) to align it with Pearl Drive. This was heard at the Area Plan Commission recently, and after lengthy testimony and remonstrance the issue was forwarded to the City Council without a recommendation. 

Neighbors in the area have expressed numerous concerns and objections to the proposal. The terrain in this area has tremendous differences in elevation and topography, which has been estimated to be as much as 80 feet of steep change between the lowest and highest point on the property. This rezoning raises numerous concerns as well because the need for the C4 has not been established. We have been told a frontage road can be built without the zoning change, and we are again worried that this type of speculative zoning could be detrimental to the area. There are no clear needs to rezone this property at this time. Red Bank Road and the surrounding areas are not properly equipped to handle a large increase in traffic if this rezoning occurs and heavy commercial development moves in.

 

It is clear that without addressing many of the above issues, the Red Bank Road rezoning is ill advised and should be postponed until further notice and appropriate work is done to handle a rezoning of this nature. We have met with the potential developers to discuss our concern, and we are hopeful that a resolution can be reached.

Property owners, neighbors, local residents and the West Side Improvement Association will be at the City Council meeting and prepared to remonstrate against the rezoning attempts.

There is also a request to rezone the property from R1 to C2 at 224 South Rosenberger so a Liquor Store can be built there. This property is located directly next door to a large day care center. There has been petitions circulated among residents and business owners in the area, and many have expressed outrage and dismay that a liquor store would attempt to locate next to a children's' center. Furthermore, there are ample liquor outlets in the area, and another is not necessary or wanted by local residents and people in the area. 

If you have any questions, please do not hesitate to call me. I can be reached at the office at 424-2020, or on my cell phone at 453-0467.

Michael Lockard, Chairman
Land Use & Planning Committee
Westside Improvement Association

Rezonings before Area Plan Commission - April 3, 2002

The Area Plan Commission meets tonight at 6:00 PM in Room 301 of the Civic Center. There are two rezoning requests before the Area Plan Commission that face concern and opposition.

The first is a requested rezoning at 224 S. Rosenberger. The request is to rezone the property from R1 to C2 so a Liquor Store can be built there. This property is located directly next door to a large day care center. There has been petitions circulated among residents and business owners in the area, and many have expressed outrage and dismay that a liquor store would attempt to locate next to a children's center. Furthermore, there are ample liquor outlets in the area, and another is not necessary or wanted by local residents and people in the area. There will be a contingent of remonstrators on hand to voice strong opposition to this rezoning.

The next items for rezoning that has caused major concerns is the request to rezone 5.92 acre at 222 S. Red Bank Road. The request, from Red Bank Development LLC (which we believe is run by developer Gene Hahn) is to rezone the property from R2 to C4. The proposal is to change the outlet of the frontage road (next to Backyard Burgers) to align it with Pearl Drive. 

Neighbors in the area have expressed numerous concerns and objections to the proposal. The terrain in this area has tremendous differences in elevation and topography, which has been estimated to be as much as 80 feet of steep change between the lowest and highest point on the property. This rezoning raises numerous concerns as well because the need 

for the C4 has not been established. We have been told a frontage road can be built without the zoning change, and we are again worried that this type of speculative zoning could be detrimental to the area. There are no clear needs to rezone this property at this time. Red Bank Road and the surrounding areas are not properly equipped to handle a large increase in traffic if this rezoning occurs and heavy commercial development moves in.

It is clear that without addressing many of the above issues, the Red Bank Road rezoning is ill advised and should be postponed until further notice and appropriate work is done to handle a rezoning of this nature. We have met with the potential developers to discuss our concern, and we are hopeful that a resolution can be reached

Property owners, neighbors, local residents and the West Side Improvement Association will be at tonight’s APC meeting and prepared to remonstrate against the rezoning attempts.

If you have any questions, please do not hesitate to call me.  I can be reached at the office at 424-2020, or on my cell phone at 453-0467.

Michael Lockard, Chairman
Land Use & Planning Committee
West Side Improvement Association

 

Board of Zoning Appeals rejects BFI request                              

The Vanderburgh County Board of Zoning Appeals turned down a request from BFI to expand the area which trash is accepted at the Laubscher Meadows Landfill on Thursday, March 21.  Read the Evansville Courier & Press story.

Link to Evansville Courier & Press Story from February 20.  Several other articles may be found on the Evansville Courier & Press web site.  Use the search feature to find "landfill".

Link to a story in the Chesterton Tribune about a similar situation in Porter County, Indiana.

North Red Bank Rezoning Continued Again - February 25, 2002

In a surprise development, the rezoning for 111 North Red Bank Road has been continued again until March 11 by the Evansville City Council and Vanderburgh County Commission. Once again members and neighbors affected by the rezoning appeared and were well prepared to remonstrate against the rezoning request, but have still not had a chance to present their case to officials.

The attorney representing the University Shopping Center was questioned in depth by several members of the Evansville City Council. Much of their questioning centered on the negative traffic impact of increased development along the Red Bank Road corridor, and on the proposed usage of the requested rezoned area. They asked repeatedly if the developers had plans for increased access to Red Bank Road from the newly requested rezoning, which they did not appear to favor. City Council members also questioned the need for a rezoning if there is no planned use for the acreage. Furthermore, a memorandum of agreement (which was not received by WIA prior to the meeting) drafted by the shopping center attorney raised several questions. One City Council member questioned its effectiveness and enforceability. WIA will be researching other methods and avenues of drafting an agreement that is binding to assure that the land is properly developed and area concerns are addressed favorably.
There are several other rezoning attempts that we are currently researching that have recently been requested. It appears that they will have also have negative impact on the already congested Red Bank Road and Lloyd Expressway area. We will get information on these posted as soon as possible.

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

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


Request for Trailer Park Expansion Withdrawn - February 20, 2002

Residents along Red Bank Road received a letter from the attorney representing the Wagner Trailer Park withdrawing their request for rezoning and expansion of the trailer park. I am cheering and applauding the diligent and intense homework and effort that many of the neighbors did in preparation to remonstrate against this rezoning. I think it is clear that the trailer park owners could see that the neighbors were well prepared to present their case against this rezoning, and it is a victory for those who live in the area in preventing this ill-advised and unwanted expansion.

Property owners, neighbors, local residents and the West Side Improvement Association all were prepared to remonstrate against the rezoning attempt, so it is with relief that the property owners received notification that the owners of the trailer park chose to withdraw their petition. The neighbors
 who were leading the effort against the request for rezoning have stated they will be remaining vigilant against any future rezoning requests. They expressed much appreciation for the assistance and support West Side Improvement Association had given them.  

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

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


Important Rezoning Issue Continued - January 30, 2002

The Evansville City Council and the Vanderburgh County Commissioners have continued the requests for rezoning of two west side locations. These issues will now be heard on February 25.

Property owners, neighbors, local residents and the Westside Improvement Association all came to remonstrate against the two rezoning attempts. While remonstrators felt that they had sufficient evidence to present against the two rezonings, they agreed to continue the rezoning attempt for one month to allow both sides to discuss concerns raised over the rezoning. This agreement was reached after last minute discussions with the attorney who represents the parties that have requested the rezoning. It is expected that there will be a strong show of support again at both meetings if negotiations are unsuccessful.

There are still numerous concerns over both parcels that remain to be resolved. It is hoped that by continuing the rezoning request for one month all interested parties will have time to address concerns over the potential land use that will occur if the rezoning requests are approved.
Zoning issues and proper development of land are more than just a wish list, they are responsibilities for which we should hold developers and officials accountable. Your support and contributions will play a vital role in achieving that goal, and we will all enjoy the benefits of responsible and planned land development in Evansville and Vanderburgh County.

If you or someone you know has property in this area and wish to contribute to our efforts to negotiate responsible and appropriate development, or if you just wish to voice your opinions that we can carry to the City Council and Vanderburgh County Commissioners, please do not hesitate to contact me. I can be reached via email at mlockard@sigecom.net, or feel free to contact me at my home at 401-5249.

Michael Lockard, Chairman
Land Use & Planning Committee
Westside Improvement Association

Neighbors Oppose Rezonings - January 28, 2002

The Evansville City Council and the Vanderburgh County Commissioners will vote on two west side rezoning issues tonight.

The Evansville City Council will vote on a rezoning of a west side trailer park (Wagner Trailer Park) located just off Claremont Avenue and Red Bank Road. The issue and request is to rezone this from R1 to R4 zoning. This move is universally opposed by the local residents in the area. Trena Roedel and Martha Peak, who own and live on property adjacent to the requested rezoning area, have collected numerous signatures in opposition to the rezoning. In addition, Ms. Roedel has gathered a tremendous amount of information in support of the local residents who will ask the city council to deny the request for rezoning. Ms. Roedel has information that shows a clear drop in the property values of local homeowners if the expansion is approved, and also has information regarding hundreds of police calls to this trailer park in the last five years. She and others hope to show the local city council that expansion of this trailer park is not in the best interests of the community and the people who live around it. Ms. Roedel can be reached at 422-2827 for more information.

The Evansville City Council and the Vanderburgh County Commission will also vote on rezoning of property located at 111 North Red Bank. This is a property that is located in both jurisdictions and encompasses 10.6 acres of land. It is being requested that this entire area be rezoned from residential and agricultural the heavy commercial use (C4).

This rezoning is troublesome for a variety of reasons. There are no clear needs to rezone this property at this time. Additionally, this property is bordered by Red Bank Road near University Drive, an area that 

has seen a tremendous increase in traffic over the last 10 years. Red Bank Road and the surrounding areas will not be properly equipped to handle a large increase in traffic if this rezoning occurs and heavy commercial development moves in. The Comprehensive Master Plan, per the staff report presented at the 12/20/2001 meeting of the Area Plan Commission, states that the Master Plan "calls for commitments at the redevelopment stage to ensure that the infrastructure improvements needed to accommodate new development will be in place when needed. No commitments have been submitted with the ..petition"

It is clear that without this, the rezoning is ill advised and should be postponed until further notice and appropriate work is done to handle a rezoning of this nature.

Furthermore, it should be noted that this rezoning also has a portion of Carpentier Creek located within the requested area, and that half of the County portion of the rezoning is an approximately four acre lake. Part of the area also lies within the floodplain. Due to the ongoing concerns over Carpentier Creek and its cleanup and preservation, this further supports the need to deny this rezoning request at this time.

Your assistance and coverage of these issues both of which are important to the local west side residents, will be greatly appreciated. If you have any questions, please do not hesitate to contact me. I can be reached at home at 401-5249, or on my cell phone at 453-0467

Michael Lockard, Chairman
Land Use and Planning Committee
Westside Improvement Association

 

 

© 2012 Westside Improvement Association, Inc.