Land Use

In our last writing we began to look at some specific changes to the zoning code recommended in the Comp Plan as well some thoughts about improving the code from others and me. That article reviewed in detail a change to the zoning code that would require rezoning from Agricultural to Residential before platting major subdivisions. Currently, in the county, a major subdivision can be built with no zoning change or approval of any elected body with the only requirement of meeting the Subdivision Code. Today we’ll look at some other possible changes to the subdivision and zoning code that we feel could benefit future land use decisions.

Recently the Evansville-Area Trails Coalition organized a week-long series of over 60 events extolling walking, biking, jogging for young, not-so-young, wheelchair bound and others. At a day-long summit several experts on trails and non-motorized transportation spoke of the many benefits in having walk-able, bike-able communities including improved health, increased property values, quality of life along with many other benefits. Many of these benefits are explored at www.walkinginfo.org/why/benefits.cfm and if you’d like to check the walk-ability of you neighborhood, you can do so at http://www.walkscore.com.

Why am I telling you all this? Because the current local philosophy concerning most development, especially residential subdivisions, is to not make them walk-able, not have connectivity with other nearby subdivisions and, in effect, develop them as isolated islands almost exclusively for automobile transportation.

Currently, our County Subdivision Ordinance reads “The subdivider shall provide sidewalks for all streets within and bounding the subdivision, including those within one mile of the city limits, except where specifically waived by the board of county commissioners”. While our Comp Plan encourages the construction of sidewalks in both new residential developments and commercial developments, driving though many of our subdivisions it’s apparent that it is not uncommon for the sidewalk requirement to be waived. While not wanting to reduce the commissioners’ authority to approve sidewalk waivers because there may be cases where sidewalks are impractical or nearly impossible to construct, maybe strict criteria outlining specific conditions should be developed and met before a waiver is approved. This would surely improve the walk-ability of subdivisions.

Another impediment to walk-ability and alternative transportation modes is the lack of connectivity between subdivisions. Most subdivisions do not interconnect primarily because “I don’t want people from the adjoining subdivision walking or driving though my neighborhood.” A good discussion of this is at http://goldhillmesa.com/News/GoldHillMesaNews-Culdesac.htm.

Again, our Comp Plan suggests that “subdivision design should provide connecting streets in new developments to enhance safety and to link neighborhoods. Stub streets should be required where subdivisions are adjacent to undeveloped land. Promote creative subdivision design that is sensitive to and minimizes the impact on natural features, and provides for common open space, bicycle and pedestrian ways.” The stub streets become important to the concept of connectivity as future developments are built adjoining current subdivisions. Connecting bicycle and pedestrian ways; and sidewalks or trailways provide the needed and desired walk-ability for the residents. All of this should be connected to other trails and the Greenway when possibly and be included in plats for new development.

With so many benefits of walking, jogging, biking and providing wheelchair accessible pathways, we as a community are behind the curve. While some in the community recognize this and are working toward greater neighborhood connectivity much more remains to be done.

As I said at the beginning of this series, my hope is to encourage a wide and diverse community conversation concerning zoning as well as land use philosophy and practice. If you have comments, we’ll include them in upcoming articles if you would like and if you have any questions feel free to contact me at fcpadget@aol.com or 428-2529 anytime. This series of articles as well as previous land use articles dealing with a variety of issues can be found on our web site at www.westsideimprovement.org. Next month we’ll continue to look at some additional changes to the zoning code recommended in the Comp Plan as well as some other thoughts about improving the code from others and myself.

As I said last month, we’ll start to look at some specific changes to the zoning code recommended in the Comp Plan as well some thoughts about improving the code from others and myself. At this point we most likely will not take a position regarding the potential changes but rather hope to encourage a wide and diverse community conversation concerning zoning as well as land use philosophy and practice.

Although the city and county each have their own zoning code, they are pretty much the same but not exactly. One possible change that would affect only the county is to require rezoning from Agricultural to Residential before platting major subdivisions. From my experience, it is not very well known that a major subdivision can be developed on Agricultural zoned land in the county outside the city limits without rezoning to Residential. Obviously much of the land outside the city is zoned Agricultural. A major subdivision is anything with three or more lots. Basically this means that if I own sufficient land and want to put in a 500 or 1,000 home subdivision, I can do that by simply meeting the subdivision code which is basically technical requirements and get the Area Plan Commissions approval. Further, the APC must approve it, if I meet the conditions of the subdivision code. No approval by any elected body is required effectively eliminating the ability for anyone to remonstrate regarding the development. I think a case could be made that this procedure could possible hurt the city in its redevelopment effort and growth because it becomes easier and perhaps cheaper to develop in the county. Just my opinion. The reason this applies only to the county and not the city is that upon annexation into the city Agricultural zoned land is automatically re-classed as Residential. It’s important to not get confused with property tax assessment which is not based on zoning other than, perhaps, in an indirect way.

Let’s look in a little more detail at this 500 or 1,000 home subdivision I can develop with no required approval of any elected body. A single family dwelling need only be 720 square feet which is quite small compared to most single family homes. A one-story 27 foot by 27 foot home would more than satisfy this requirement. A full two-story home would need to be only 19 foot by 19 foot. And please don’t misunderstand me, I’m not being critical or disparaging about smaller homes, I’m just looking at the current code. The minimum lot size required is 6,000 square feet with a 60 foot minimum width meaning a 60 foot by 100 foot lot meets the requirement. There are other requirements such as lot coverage, height, front and side yards, and more. There would be a need for a sewer system because septic systems require much larger lots, at least 2 ½ acres. And, as I understand it, a mobile home park could be allowed with approval of a Special Use Permit by the BZA. In my companion article in this newsletter, I point out that the BZA approved 100% of requests ruled on for Special Use permits during 2009 although none applied to mobile home parks.

My point with this article is simply that a major residential development can happen in the county outside the city limits on Agricultural zoned property with no change in zoning, no hearing by any elected body and no possibility for any meaningful remonstrance from the public. In my opinion, that circumvents good public policy and absolutely circumvents good land use planning.

As I said at the beginning of this article, my hope is to encourage a wide and diverse community conversation concerning zoning as well as land use philosophy and practice. If you have comments, we’ll include them in upcoming articles if you would like and if you have any questions feel free to contact me at fcpadget@aol.com or 428-2529 anytime. Next month we’ll continue to look at some additional changes to the zoning code recommended in the Comp Plan as well some thoughts about improving the code from others and myself.

We’ve spent about a year looking at the Evansville/Vanderburgh County Comprehensive Plan and if you are still with me, you deserve some kind of medal. I can’t do that but we will continue to draw on the Comp Plan for community guidance and some areas that I feel deserve a wide and intense community discussion. But today, we’ll look at a little of the history of zoning regulations.

Obviously when you talk about zoning regulations as is true for most government regulation, two sides rapidly emerge. One, we need regulation to control various actions which may be detrimental to the public good, benefit society in general, protect individual rights regarding privacy and not being disturbed by outside influences. On the other hand, we need less regulation, interference and control over individual rights and freedom of choice to do those things we wish. I don’t have a “one size fits all” answer for that conundrum but believe all aspects of any proposed regulation should be considered in regard to both personal rights and the public good. One classic example regarding land use is that I own some property and should be allowed to do as I see fit with it including using it as I wish or selling it for the best price and whatever purpose the buyer might conceive. On the other hand, I own some property, have made significant investment and improvement to it and don’t want that destroyed or devalued by something completely obnoxious next door. Obviously, land use control gets much more complicated when we start to consider transportation, environmental, public safety, population, and a whole range of related issues as well good, sound economic growth.

Where and when did this all start? Although I couldn’t find definitive information about ancient cultures, I’m sure ancient Grecian, Roman and Asian cultures among others probably controlled land use in some respect although it may have been only by an individual ruler. Within the United States, we do know that “early American settlements were planned Communities. In the Massachusetts Bay Colony, the colonial farmers lived within a built-up village and daily went out to the fields that surrounded this cluster of housing. Most villages centered on a common, and the house lots were arranged around it on the basis of a squared grid. It was not unusual to find provisions that required housing to be set back a prescribed distance from the street line”.[1] By the late 1700’s the agricultural society began to be supplemented by a commercial society later followed by a factory system with New York and Pittsburgh being prime examples. In the early 1900’s, Manhattan “garment makers were beginning to locate their lofts downtown … but all of this progress had little appeal to Fifth Avenue Merchants who purveyed luxuries to the rich”.[2] The merchants were determined to stop this migration of unwanted businesses and preserve their property values. At the time, nuisance laws were their primary means to do so but relatively ineffective.

About this same time, the Colorado court was hearing a case concerning land use in Denver. “In the residential areas of Denver, it ceased to be possible to qualify for a permit to build either an apartment house or a store unless the applicant filed with the building inspector the signatures of the majority of property owners in the area immediately concerned”.[3] In this case the landowner got a court order allowing him to get the permit without complying with the local regulation. Although the Colorado court condemned the Denver process, it was allowed to stand because the regulation would have deprived the owner use of his property without compensation. Meanwhile, “the Supreme Court decided a case which evidenced a judicial inclination to allow society to impose remarkable costs upon a landowner in the name of regulations designed to improve the general welfare”.[4] In this case, Los Angeles annexed land for residential expansion which included a brick manufacturing facility and promptly outlawed the manufacturing of bricks in the city. The brick maker was faced with seeing his $800,000 business in 1915 monetary value be reduced to $60,000. Rather than comply with the city regulation, the brick maker went to jail. The Supreme Court sustained the ruling saying “There must be progress, and if in its march private interests are in the way, they must yield to the good of the community”.[5]

Encouraged by this, the merchants and reformers in New York “went ahead with their scheme to divide the City of New York into districts and to regulate therein the location of trade and industry … concocting the zoning resolution which was finally enacted by the Board of Estimate in 1916”.[6] This became the first comprehensive zoning ordinance in the United States. And, most communities have been wrestling with some form of zoning every since.

My reference for much of this history comes from “A BASIC INTRODUCTION TO LAND USE CONTROL AND DOCTRINE” by E. F. Roberts. If you would like to read more I can send you a link or send you a copy.

Next month we’ll begin to look at some specific changes to the zoning code recommended in the Comp Plan as well some thoughts about improving the code from others and myself. We may eventually support or oppose changes but at this point I’m hoping for and encouraging a wide and diverse community conversation concerning zoning. If you have comments, we’ll try to include them upcoming articles if you would like and if you have any questions feel free to contact me at fcpadget@aol.com or 428-2529 anytime.

[1] E. F. Roberts, “A BASIC INTRODUCTION TO LAND USE CONTROL AND DOCTRINE”, 1974, P-1

[2] Ibid, P-3

[3] Ibid, P-4

[4] Ibid, P-6

[5] Ibid, P-7

[6] Ibid, P-7

Over the last several articles, we’ve tried to develop a sense of what the Evansville/Vanderburgh County Comprehensive Plan is all about and the important guidance it contains for good, well-planned growth within the city and county. Today, I’ll try to give a brief summary of the plan’s over-all goals, most of which are taken directly from the plan.

The land use plan provides a blueprint for the future that can only be accomplished if the needs identified throughout the Comprehensive Plan are adequately addressed and the goals, objectives and policies in the Plan are implemented. The principles for guiding development location, design and review provided in this Plan should be observed in all future land use decisions and in the preparation of subarea (e.g. neighborhood, corridor) plans.

Infill development can occur in the developed area on vacant lots or on land with dilapidated buildings, or can involve changing the land use of a property from a less to a more intensive use (i.e. from a parking lot to an office building).

These strategies place a strong reliance on existing public infrastructure (roads, utilities, community facilities, etc.) to provide the maximum service feasible before considering new or extended facilities. Development proposals must be evaluated for consistency with the land use plan. However, the plan is conceptual and is meant to be flexible. There may be development proposals that will arise during the planning period (2000-2025) which do not conform to this land use plan. The justification and rationale supporting such proposals that are responsible and beneficial to the community but not conforming to the land use plan must be carefully evaluated to determine whether they warrant deviating from the community’s land use goals, objectives and policies.

The following criteria should be used to evaluate all proposals:

Citizen involvement in formulating these development policies is the means to keep the plan current and to achieve the desired vision for the community. Local government cannot by itself manage growth and development. However, the adherence to well thought out and coordinated public policies that are supported by the community can successfully direct land use practices from the administration of land development regulations to the timing and location of development.
“Communities can be shaped by choice, or they can be shaped by chance. We can keep on accepting the kind of communities we get, or we can start creating the kind of communities we want.”*

Next month we’ll begin to look at some specific changes to the zoning code recommended in the plan as well some thoughts about improving the code from myself and others.

Note: Above are statements from the 2004-2025 Comprehensive Plan pages 6-1 thru 6-5 and 20-1 & 2 but may not be completely verbatim in some cases.
*Quote by Richard Moe, President, National Trust for Historic Preservation.

Last month we looked at some environmental issues addressed by the Comprehensive Plan as well as recreational opportunities. This article will look at some of the remaining items addressed in the Comp Plan including safety and health, utilities, transportation, urban design and historic preservation. These remaining sections of the Comp Plan may not seem to fit into the land use category at all times but they are important for a vital and viable community, and the Comp Plan devotes considerable time to each subject.

Within the safety and health section there is much detail about our law enforcement agencies, the fire department, the many hospitals and medical facilities and you can read about them in the Comp Plan. Of course all of these agencies are very important to the community but today I’d like to mention a couple activities we may not think of often. First are the Volunteer Fire Departments some of which go back to the 1940’s. McCutchanville VFD has been serving their area since 1946, has about 45 volunteers and made over 1,200 runs in 2008. Scott Township VFD originated in 1955 and has about 33 volunteers making 741 runs in 2008. German Twp VFD organized in 1959, has about 60 members and during 2008 made 572 runs while Perry Twp VFD was also organized in 1959, has about 45 volunteers and made about 830 runs in 2008.The most recently organized group is Knight Twp VFD beginning in 1983 and has about 65 members and made over 800 runs in 2008. That’s a total of nearly 4,200 runs for the year or almost 12 runs per day for our volunteer fire departments. The runs could be fire, medical or other emergencies and both Scott and McCutchanville have some paid employees. They all deserve the communities support and well-deserved thanks.

Another group we seldom think of is Central Dispatch primarily supporting law enforcement and fire departments but also the state police, animal control, airport security and many other groups. Of course this is the 911 system and during 2008 they received over 279,000 incoming calls and made additional 89,000 outgoing calls for a total of more than 368, 000 calls or 1,009 calls per day.

Utilities and transportation also have a significant effect on good land use and are covered in some detail by the Comp Plan. In particular, the utilities in the plan include water distribution, wastewater collection and treatment, storm water drainage, and solid waste disposal. Other utilities serving the community are private and not addressed in the plan. The location of utilities has significant land use implications in that water and sewer availability is essential in order for good, sound development to occur. Public utilities can be an effective tool to guide urban growth as can roadways and transportation methods. In addition to the normal trash collection activities in both the city and county, the Solid Waste Plan promotes waste reduction and part of that program for 2010 provides for two tire recycling days, a household hazardous waste collection day (tox-away day) and an electronic recycle day as well as monthly drop-off recycle days at various locations. In regard to storm water drainage, the plan calls for, among other things, an expansion of requirements for detention/retention ponds in new developments. I would add that swales can also be effective in helping to control storm water and that there should be a requirement for periodic inspection of storm water storage ponds to assure continued effective operation.

Although covered to some extent in the Comp Plan, transportation planning is primarily the responsibility of the Evansville Metropolitan Planning Organization. The EMPO covers the City of Evansville, all of Vanderburgh County, all of Warrick County, the City of Henderson and Henderson County in Kentucky and, by agreement, provides planning assistance for Gibson and Posey counties. Currently the EMPO is working on the 2010-2013 Transportation Improvement Plan (TIP) and taking public comment. In fact, there will be a public meeting on January 13 at 4:00 PM in room 301 of the Civic Center for public comment. You can learn more about the TIP and the EMPO at www.evansvillempo.com.
Finally, I want to look at some of what the Comp Plan says about urban design and historic preservation. The Comp Plan describes urban design is a means of improving a community's quality of life as a place to live, work and recreate, and can be evaluated on 3 levels: the City/County, the neighborhood, and the individual project level. Urban design is fostered partially through the zoning, subdivision, and other regulatory codes, and in design standards for public and private improvements. These standards need to be periodically updated and improved to reflect current and future community needs which would provide opportunities to incorporate standards for improved urban design. We’ll be talking more about this in future articles.

Historic resources reflect and record a community's cultural heritage while helping give the area a special character and identity. Preserving these resources must be considered in the community's plans for the future. The preservation of historic resources can generate significant social, economic, educational, and recreational benefits for a community. Current preservation trends favor adapting or maintaining historic structures for residential use wherever possible. The National Register of Historic Places list 98 historic sites within Evansville and Vanderburgh County and you can review them at http://nrhp.focus.nps.gov. This site is planned to have images of the sites but they are not currently available as the site is under construction. Or, you can find the listings at www.in.gov/dnr/historic/2823.htm where you can view those on the state list or both the state and federal list. In 1975, Evansville established the Evansville Preservation Commission which you can find in the Municipal Code Chapter 18.115. The city has also established an Advisory Committee for the Haynie’s Corner Arts District which can be found in the Municipal Code Chapter 2.110.010. The Municipal Code can be accessed though the City Clerk’s web site which can be accessed at www.evansvillegov.org.

The complete version of the Comprehensive Plan can be viewed at www.evansvilleapc.com and at most local libraries. And, you can view all parts of this series of articles at www.westsideimprovement.org/landuse.htm and my previous series on our Zoning Ordinances at www.westsideimprovement.org/zoning_101.htm. If you have any comments or questions, please contact me at fcpadget@aol.com or 428-2529.

Previously in Part 9, we looked at how the Comprehensive Plan is supported by our educational and cultural environment and some of those facilities. Today we’ll continue that effort by briefly looking at some environmental quality aspects as well as parks and recreational opportunities.

The Comp Plan’s general goal regarding environmental quality is to provide a quality environment which is ecologically sound, healthful, safe, and aesthetically pleasing with the objective to preserve natural physical features and open space in both urban and rural areas which are important for maintaining environmental quality. Air quality is a major environmental concern with much of the responsibility to regulate and monitor it resting with the Evansville Environmental Protection Agency (EEPA). The EEPA not only regulates air quality for the City of Evansville but also four miles beyond the city’s corporate limits but not outside of Vanderburgh County. More can be learned about the EEPA from their web site and you can sign up for daily air quality forecasts and alerts.

The Comp Plan also spends considerable time discussing water quality, specifically surface and ground water as well as wetlands. Vanderburgh County has significant surface water with the Ohio River, Pigeon Creek and watershed tributaries as well as lakes and wetlands. Surface and ground water pollution is quite well understood but not controlled nearly enough by the general public even though many groups and much effort go into protecting water quality. Wetlands provide many benefits such as habitat for a wide variety of plant, animal, bird and aquatic life. They help to improve water quality, store floodwaters, help with erosion control and provide many outdoor recreational opportunities. Unfortunately Indiana has lost much of its wetland acreage during the past 100 years. In fact, over the last 100 years Indiana has lost 85% of its wetlands and ranks 4th among the 50 states in proportion of wetland acreage lost. Of course some of that was with good reason but only in recent years have we started to understand the real importance of wetlands.

One area of the environment we seldom think about is light pollution. The Comp Plan addresses this subject saying that light pollution is becoming an increasing source of conflict between neighbors and businesses, and urban and rural residents. The Plan goes on to state that the first principle of good exterior lighting is to illuminate only what is desired to be seen and that light pollution must be addressed and a strategy to promote sensible outdoor lighting is needed.

Another area of great benefit to the area and included in the Comp Plan is parks and recreation. One of the objectives of the Plan in this regard is to provide sufficient open space and natural areas to meet present and future needs of City and County residents and locate these resources to serve the populated areas. The National Recreation and Parks Association standard recommends that 25 acres of parks/open space be provided per 1,000 people. Based on the U.S. Census Bureau 2008 estimate of population for Vanderburgh County, we are nearly 600 acres short of meeting that standard. We have a ways to go in that regard.

Currently Burdette Park is the major county park while the City of Evansville Parks Department coordinates and oversees the operation of 65 parks and 21 special facilities encompassing more than 2,300 acres of land. Additionally, we have several state facilities nearby including Harmonie State Park, Hovey Lake and Blue Grass State Fish and Wildlife Areas as well as Audubon State Park. Closer by we have, of course, the Mesker Zoo, Wesselman Woods and the Clem Frank Nature Preserve.

The Clem Frank Nature Preserve is a great study in what a neighborhood association can do. Under the leadership of President Sam Wentzel, the Western Terrace Neighborhood Association with some donated land and assistance from the Four Rivers Resource Conservation and Development Area created a land trust to preserve this three-acre nature area. Shirley James and the WIA also assisted in making this happen. It was a significant achievement.

One goal of the Comp Plan is to consolidate the city’s park resources and connect them together with a highly visible and accessible web of open space corridors sustaining the image of a “City Within a Park”. Of course the Pigeon Creek Greenway is an effort in that direction as is the newly created Evansville-Area Trails Coalition. A couple of other policies of interest are to make greenway and park connections by including them in plats for new development and develop incentives or other mechanisms that would encourage easements for trails and greenways, where appropriate, to be granted in new developments.

This series of articles can’t possibly cover everything in the Comp Plan but maybe can wet your appetite for more. If so, the complete version of the Comprehensive Plan can be viewed at www.evansvilleapc.com and at most local libraries. Next month we’ll look at some additional attributes for good planning contained in the Comp Plan. If you have any comments or questions, please contact me at fcpadget@aol.com or 428-2529.

Last month we looked at how interdependent the Comprehensive Plan and good economic development are to each other. The Comp Plan is also supported by many other community attributes such as the education and cultural environment, environmental quality, parks and recreation, public safety and health, transportation and other community characteristics. We’ll look at some of those today.

Evansville and Vanderburgh County are fortunate to have many high quality and diverse educational opportunities and facilities for residents. The Comp Plan recognized the trend of shifting populations and growth within the city and county and we’ve seen recent reaction to that by the Evansville-Vanderburgh School Corporation with announcement of changes within the system as well as new schools. At the time the Comp Plan was put together, EVSC operated 20 elementary, 10 middle, five high and four alternative schools. Additionally, at the time, the Catholic Diocese of Evansville operated 12 elementary and 2 secondary schools within the county while 2 charter schools were sponsored by the EVSC School Board.

And, for a community our size, it’s outstanding to have three crown jewels of higher education; the University of Southern Indiana, the University of Evansville and Ivy Tech State College. For the fall semester of 2009, USI’s enrollment was well over 10,000 with students from 91 of the 92 Indiana counties, from 41 other states and 63 other counties. USI confers both Bachelors and Master degrees in many different disciplines. University of Evansville has been around since 1854 and currently enrolls slightly more than 2,700 students from 40 states and 50 countries. UE offers more than 80 areas of study. Ivy Tech State College has 23 campuses around the state and offers classes in 75 different communities performing as a community college. The local Ivy Tech campus located on North First Avenue has current enrollment of over 5,700 students. Additionally, educational opportunities are offered by many local business and trade schools. This vast array of quality educational opportunities helps to serve the community welfare, support good economic development and help to support the goals of the Comprehensive Plan. Just as important, with all of the different geographical areas represented including many different countries, it is incumbent for the Evansville/Vanderburgh County area to make good impressions on those students coming into our region as well as those from this area to assure success for the region. It makes us visible throughout the world.
Along with our great educational opportunities, we also have a rich cultural environment much of which falls under the Arts Council of Southwestern Indiana. The Arts Council serves as an umbrella for more than 50 cultural organizations including theater, dance and music. With such a long list of involvement, I’ll not try to list them for fear of missing some but suffice it to say, the Arts Council is a major contributor to our cultural environment. So too are our museums. The Evansville Museum of Arts and Science was founded in 1906. The museum has an extensive collection of art, history, anthropology and science and also houses the Koch Planetarium. The Reitz Home Museum, Angel Mounds, Audubon State Park and Historic New Harmony all add to the areas cultural environment.

Likewise the Evansville-Vanderburgh County Public Library System formed in 1911 with 8 locations contributes greatly to the cultural environment of the area. From its’ web site, in 2006 it had a collection of 948,000 items with an additional nearly 6,000 titles in their electronics collection. Over half of Vanderburgh County residents have library cards and in 2006 they had nearly 1.7 million visits.

Certainly, we can’t ignore Willard Library opened in 1885 and is the oldest public library building in Indiana. Their major resources include the Thrall Art Book Collection, local government archives, much regional history and a strong emphasis on genealogy. And, they have the Grey Lady Ghost since at least the late 1930’s.

Why is all this important to the Comprehensive Plan? Goals of the Comp Plan want to foster an educational system that provides all citizens opportunities for quality, life-long learning as a means of preparing to build a marketable workforce with adaptable skills and foster a healthy environment in which the cultural arts are supported by the community and enhance the quality of life. This is all part of serving and growing a great community.

Next month we’ll look at some additional community characteristics contained in the Comp Plan. The complete version of the Comprehensive Plan can be viewed at www.evansvilleapc.com and at most local libraries. If you have any comments or questions, please contact me at fcpadget@aol.com or 428-2529.

In the past several articles, we’ve looked at many of the functional land use policies contained in the Evansville/Vanderburgh County Comprehensive Plan. Today we’ll look at some of the economic development considerations contained in the Comp Plan.

The Comprehensive Plan devotes considerable time to economic development and, although some may not want economic development in an effort to keep the status quo, most would agree that good, sound economic development is not only desirable but critical to the future of the area. The primary focus of efforts for good economic development is to encourage existing businesses to expand and new business development. Without economic growth an area tends to deteriorate over time. From personal experience, I can tell you of many small towns based on one or two businesses, primarily coal mines, that suffered very difficult times when the mine depleted its’ coal reserves. The example may be kind of a microcosm, but unless an area diversifies and grows its’ economy, it not only will have bad times, it will deteriorate and may become non-existent. Good economic development helps to provide professional and technical jobs, hopefully keep more of college graduates here and help to expand the tax base as well as providing many other benefits. Good land use policies help control how and where this necessary economic development takes place.

The Evansville area has many positive attributes recognized in the Comprehensive Plan:

Individually, these attributes are appealing to both corporations and families seeking to relocate to the Evansville area. Together, these attributes represent major marketing advantages that the community should use in a proactive approach to seeking sound, beneficial development for the benefit of the entire area.

The overall goal of the economic development action plan is to improve the local economy through long-term growth and to upgrade the standard of living for all citizens of Evansville and Vanderburgh County. While the general objectives are to:

Once again, I’ve liberally cut and pasted from the Comp Plan. The complete version of the Comprehensive Plan can be viewed at www.evansvilleapc.com and at most local libraries. As a side note, the current Comp Plan is in the process of having minor updates with a complete update after the 2010 census information becomes available. We’ll try to keep you informed of significant changes.

Next month we’ll start to look at some of the community services and facilities that support the Comprehensive Plan. And, if you have any comments or questions, please contact me at fcpadget@aol.com or 428-2529.

Last month we looked in detail at the Central Business District as contained in the current Evansville/Vanderburgh County Comprehensive Plan. With yesterday’s (at the time of this writing) announced closing of the long established Whirlpool plant, there is sadness and a certain irony that the plan for this month’s article was to talk about industrial growth and the attendant issues as well as rural issues.

Without proper planning for industrial growth, a community may miss the opportunity to benefit from a major contributor to the local economy. Some of that planning should include identifying and protecting sites suitable for industrial growth from uses that might conflict with it making the area unsuitable for industrial growth. Additionally, areas planned and zoned for industrial use where services such as roadways and other transportation modes exist, and where utilities are already available, should be used before areas where services and infrastructure need to be built. This obviously is a less costly way for industry to expand. U.S. 41 north having most of these attributes is a good example of this while I-164 north of Baseline, although potentially a good site for industrial growth, is not as ready. Large lot development is preferred as opposed to strip development. And, there should be good and sufficient buffering for surrounding non-industrial uses. It is also preferable if older industrial areas can reasonably be rehabbed for new industry. As quoted from the plan “the time has come for Evansville to take bold steps to redevelop and/or revitalize. It is recommended that a program be established to identify such structures for targeted demolition and preparation for redevelopment."

The goal is to support industrial development of clean industries involving new technologies that add to the local economy while insuring compact development in appropriate areas taking into account surrounding properties, public safety and existing infrastructure. Some of the policies to help accomplish this are:

Unfortunately, the Comprehensive Plan does not include a great deal concerning rural development primarily because rural land was viewed as land that had not yet been suburbanized. Farms and agriculture as well as other undeveloped land were already there and the concentration was on development. This is no longer true and there is increasing concern about the agricultural industry. The Comprehensive Plan projected that as much as 7.4 square miles could be needed for residential development by the year 2025. Additionally, in 1959 slightly more than 100,000 acres or 67% of the county was considered farm land; by 1997 that had been reduced to 72,000 acres or 48% of the county (the county contains about 150,000 acres in total). Land conversion from agriculture to other uses has resulted from several factors including rising property taxes, the high degree of mobility, land use conflicts, fees for urban services and utilities, the search for less expensive land for development and the potential for farmers to make an immediate profit from selling their land. These pressures on agricultural use will continue.

Our goal should be to maintain the viability of agriculture as a desired way of life by preserving prime agricultural lands. Difficult to do but policies toward that goal include:

That pretty much concludes our look at the various land use policies within the Comprehensive Plan. Next month we’ll start to look at some of the community services and facilities that support the plan and associated economic factors. The complete version of the Comprehensive Plan can be viewed at www.evansvilleapc.com and at most local libraries. And, if you have any comments or questions, please contact me at fcpadget@aol.com or 428-2529.

We continue our series looking further into the current Evansville/Vanderburgh County Comprehensive Plan and specifically the Central Business District.

“The Central Business District (CBD) contains a unique concentration and variety of activities found in no other single area of the region. It is the principal center for the finance, government and legal services sectors in the community… Like many downtowns throughout the nation, Evansville's Central Business District has experienced a loss of permanent residents, decline in the number of retail businesses, an increase in the number of vacant stores, and under-utilization of many properties, due in part to public mobility and suburban development. Although the downtown has declined, it is still a focal point of the community.”

From 1960 though the year 2000, which is the latest information available from the U.S Census Bureau, population in the CBD dropped from 1,623 persons to 946 representing nearly a 42% decrease. Households during that same period dropped from 841 to 231 or nearly 73%. Postal Zip Code 47708 closely aligns with the CBD and data from the 2000 County Business Patterns indicate at that time there were 403 businesses with 11,517 employees and an annual payroll of about 410 million dollars. The most recent figures available from 2006 indicate 388 businesses with 10,512 employees indicating a slight downtrend; however, the annual payroll has increased to 457 million dollars or an 11% increase despite a reduced number of businesses and employees.

Over the years, the CBD has changed from a major commercial/retail center to more of a regional government, finance and legal center with much recent effort on entertainment, restaurants and renewed residential as evidenced by the loft housing program. As far as I can determine, the latest Downtown Master Plan was developed in 2001 with a Master Plan Committee being formed in September 2005. Rather than get into the detail of the Downtown Master Plan, Evansville Business has a good article about it which can be accessed at www.evansvillebusiness.com/current/902/cover.html.

The Evansville/Vanderburgh County Comprehensive Plan’s vision for the CBD include an environment that supports downtown business and office workers in the short term while envisioning a more comprehensive plan for the long term. The long term vision is based on Evansville’s historic architecture, its location on the Ohio River, its’ vibrant street life, and its’ healthy businesses. The three primary activities or districts are planned to be a civic and cultural district, a central business district and an entertainment district. The objectives to support this vision as contained in the plan are:

In order to accomplish and support these objectives, the plan suggests converting one-way streets for two-way traffic, developing in-fill housing along with converting second and third story space to loft apartments, connecting North Main with Main Street in some manner and encouraging additional green space, especially downtown and along the riverfront. It also suggests reconfiguring Fourth Street, a large entertainment venue such as an arena and providing additional parking along with other supportive activities to assure future success for the CBD.

Next month we’ll look at the Comprehensive Plan in relation to industrial and rural issues and concerns. The complete version of the Comprehensive Plan can be viewed at www.evansvilleapc.com and at most local libraries. And, if you have any comments or questions, please contact me at fcpadget@aol.com or 428-2529.

Last month we looked at residential development and related concerns as contained in the Evansville/Vanderburgh County Comprehensive Plan. Today we’ll concentrate on the commercial development aspects of the plan. The basic intent of the plan for commercial development is to strike a balance between appropriate and necessary commercial development while not being unduly obtrusive to neighborhoods and residential areas. “The focus of the commercial plan is to identify appropriate areas that are convenient and functional for commercial activities while protecting residential areas.” Obviously, this is a tough task and quite often very judgmental.

At the time the plan was put together during 2004, there were many existing commercial areas with the core being the Central Business District, basically the downtown area. Additionally, there were several commercial corridors such as Green River Road including Eastland Mall, Lawndale and Washington Square; the East Lloyd Expressway with the Super Wal-Mart and Target Greatland and the recently developed Evansville Pavilion and the Cross Pointe Boulevard area; the north First Avenue area with the North Park Shopping Center and Target; the west Lloyd Expressway between Rosenberger and Boehne Camp; and Diamond Avenue with the Town Center Mall. There were also many neighborhood centers such as west Franklin Street, North Main and others. And, you know from our reporting about the potential for a large commercial project being proposed for the west side of the University Parkway near USI.

Probably the biggest problem associated with commercial development is traffic congestion. Piecemeal commercial development accumulates transportation system problems over time. These problems then are addressed incrementally with the closing of median crossovers, traffic lights, restriction of curb cuts, and other usually unpopular solutions necessary for traffic safety.

Parking is usually not a problem with most large commercial developments but in redeveloping commercial areas such as older residential areas becoming commercial or where current low volume commercial changes use to high volume commercial, can easily become a nightmare.

However, large parking lots and roofs associated with the large commercial buildings do create a large impervious surface causing significant increases to storm water runoff. Many areas of Vanderburgh County have drainage limitations due to hilly terrain, slopes, and adverse soil types. City and county policy requires that the post development water run-off rate cannot exceed the pre-development run-off rate. Larger developments are required to submit drainage plans to either the Board of Public Works or the County Drainage Board while the Site Review Committee reviews plans for smaller developments. Additional, the large impervious areas limit ground water recharge, our water table and aquifers, and hold or release more solar heat than natural areas.

Another concern is encroachment on residential areas and neighborhoods along with the associated problems of traffic congestion, detracting from the character of the neighborhood, noise, lighting and unsightly rooftops with air conditioners and other equipment, especially in areas with hilly terrain. And, the recent trend of businesses moving to new outlying areas leaving large vacant buildings to stand vacant and ultimately fall into disrepair is also a major concern.

The objective of the Comprehensive Plan is to “Ensure efficient and appealing commercial development in the appropriate areas that minimizes adverse impacts on surrounding property, the road network and utility systems”. The plan contains several policies to support this objective.

Next month we’ll look at some considerations for the Central Business District addressed in the Comprehensive Plan. The complete version of the Comprehensive Plan can be viewed at www.evansvilleapc.com and at most local libraries. And, if you have any comments or questions, please contact me at fcpadget@aol.com or 428-2529.

As you know, this series is an overview of the Evansville/Vanderburgh County Comprehensive Plan for land use. We’ve previously looked at the requirement of Indiana Code for a comprehensive plan if a jurisdiction has adopted a zoning code, the general guiding principles of the plan and; the goals, objectives and policies of the plan that provide guidance for land use decisions. Today we’ll focus on some of the specifics contained in the plan regarding residential development and related concerns.
First of all, there are several factors which influence where residential development occurs including:

At the time the plan was put together, residential use accounted for nearly 25 percent of the total county land area. In order to develop goals, objectives and policies for residential land use many statistics were looked at in order to determine past residential growth and project future growth and the patterns of growth. As a general strategy, cooperation and participation between public and private sectors in providing housing should be continued and expanded. Improving the quality of housing and maintaining an adequate supply of safe, affordable, aesthetically pleasing housing with a variety of housing types for all citizens must be a major consideration. There should be continued emphasis on preserving existing housing, aiding neighborhoods in retaining their viability and encouraging new affordable housing. Policies should include the encouragement of preservation and general neighborhood character as well as in-fill housing within the city core which promotes neighborhood stability and eliminating spot zoning which, in turn, helps to preserve the character of the neighborhood.

Other considerations include extending the minimum performance standard in the housing code to the entire county and enforcing it in a fair and equitable manner. When doing so, available assistance programs to aid those who cannot afford the improvements should be used. Abandoned and dilapidated structures unsuitable for rehabilitation should be removed quickly. Non-profit, religious, private and government groups should be encouraged to continue providing affordable housing. We should preserve the neighborhood environment by minimizing negative impacts and exclude incompatible uses that would alter the character of the area or not serve the residents. Multi-family housing should be viewed as an appropriate buffer between single family homes and commercial development.

Another important item is the suggestion to investigate changes to the Zoning and Subdivision Ordinances that would require rezoning from Agricultural to Residential prior to platting major residential subdivisions. Currently, land zoned agricultural can be developed into a residential subdivision of any size with no approval by a legislative body. It only takes the approval of the APC which they are required to do if the development meets the standards of the Subdivision Code.

Of special interest to the local Smart Growth Group and the newly organized Evansville-area Trails Coalition would be a couple of other considerations. First, subdivision design should provide connecting streets in new developments to enhance safety and link neighborhoods. Subdivision design should be sensitive to and minimize impact on natural features and provide for common open space, bicycle and pedestrian ways; and encourage the construction of sidewalks in new residential subdivisions.

We’ve covered plenty for today. Next month we’ll look at some considerations for commercial development. And, as I said in the beginning of the series, I’ve copied liberally from the Comprehensive Plan because it expresses the planning considerations much better than I ever could. The complete version of the Comprehensive Plan can be viewed at www.evansvilleapc.com and at most local libraries. And, if you have any comments or questions, please contact me at fcpadget@aol.com or 428-2529.

Last month we looked at some of the general guiding principles for the Evansville/Vanderburgh County Comprehensive Plan. Today, we’ll start to look at the desired land use pattern and the development goals, objectives and policies that provide guidance for land use decisions.

As stated in the plan “The underlying principal of the land use plan is to assure that Evansville and Vanderburgh County can reasonably accommodate the expected and desired changes in an orderly manner that meets the needs and vision of the community”. The plan also considers transportation factors, parks, environmental quality, urban design and a host of other factors associated with good, sound land use.

The plan is based on the following general themes:

One of the major objectives in the plan for general land use is that growth should grow outwardly from the central business district and other major activity centers into areas with lower density development. Growth first should occur as infill development which might mean using vacant lots, existing buildings or replacing deteriorated buildings. It may also include changing a properties use from a low intensity use such as a parking lot to a higher intensity use such as offices or stores. Where this is not existent or possible, the growth should be contiguous to existing built up areas and not leapfrog into rural or sparsely developed areas. This is commonly referred to as spot zoning if it occurs.

Additionally, the transportation network, traffic congestion, alternative transportation modes, storm water runoff, available utilities and other supporting infrastructure should be carefully considered to prevent unnecessary public or private expense. If new development occurs, the new development should incur the full cost or participate in the cost of the public infrastructure (e.g. roads, water and sewer) needed to serve these developments through dedication of easements, and construction of infrastructure improvements. Some items of particular interest included in the plan regarding these items are that impact analyses should be used to determine the effect of new developments on the environment, road network, educational system, community services, and utilities; the Subdivision Ordinance should be amended to provide the APC with the authority to require special studies and to address off-site improvements to mitigate substantial development impacts on community infrastructure, services and flooding; and to establish the threshold criteria that would initiate traffic studies for new development.

Another objective of the general land use plan emphasizes development characteristics that enhance Evansville's vision through urban design and historic preservation. In regard to historic preservation, the plan promotes preservation and rehabilitation of historic sites for public and private use (think of the old post office or the old Greyhound station); defining elements of historic buildings should be preserved; and existing focal points should be strengthened and new focal points created to connect elements of historic and natural importance, creating interest and variety in the community landscape.

Other items concerning development characteristics and, I’m sure, of interest to the Smart Growth Group, include encouragement of natural resource corridor protection to improve and preserve the water quality of streams, wildlife habitat and rural character; acquisition of scenic or conservation easements to protect natural and man-made environmental resources; investigating a change for sign requirements in the zoning code in order to enhance and improve signage as a contributing element in the aesthetic quality of the community in general and particularly along major corridors and at I-69 interchanges; research the feasibility of placing overhead utility lines underground within new major subdivisions and redeveloped areas; evaluate establishing criteria for burying existing lines; and investigate changing the parking requirements in the zoning code to reduce the amount of impervious pavement required and establish criteria to allow for permeable surfaces.

Further the plan discourages rezonings that will require a variance to meet code requirements; and encourages progressive site design and compliance with all zoning code requirements to reduce the need for variances.

We covered a lot in this article and next month we’ll look at some of the specifics contained in the Comprehensive Plan regarding residential development and related concerns. The complete version of the Comprehensive Plan can be viewed at www.evansvilleapc.com and at most local libraries. And, if you have any comments or questions, please contact me at fcpadget@aol.com or 428-2529.

Last month we looked at how our Comprehensive Plan originates under state code, is adopted by our local legislative bodies and, yet, is not required to be followed. Today we’ll look at some of the general guiding principles for the Comprehensive Plan and later in this series get into the many specifics of the plan. I will copy and paste liberally from the plan, not because my keyboarding is slow which it is, but because the wording in the plan is concise, well thought out and expresses the many principles much better than I can.

To begin with, the Area Plan Commission staff is the lead group in putting this document together but gathers input from most city and county departments, the school system and universities, neighborhood organizations and citizens of the area as well as many others. Public participation is very important to this process and a series of public hearings were held in an effort to gain a broad range of community input and support. From my count, at least 8 current WIA members were involved although not necessarily representing the WIA. I was pleased to be a member of the citizens group and did represent the WIA.

One of the first orders of business involved establishing a Citizen’s Vision Committee to develop a Vision Statement for Evansville and Vanderburgh County. After several meetings, and more discussion and debate than I know how to quantify, the group agreed that “We envision Evansville and Vanderburgh County as a prominent regional center that offers prosperity, growth, and a quality place to live, learn, work, invest and visit” as a vision that represents the area.

“The Comprehensive Plan for Evansville and Vanderburgh County is the guide for land use decisions and the framework for the ongoing land use planning process. The intent is to guide growth in a manner that supports and reinforces the community qualities important to City and County residents. These qualities include employment and housing opportunities, safety and security, quality schools, neighborhoods with a strong sense of community, and a healthy environment. All these amenities create and enrich our quality of life.”

Additionally, the Evansville/Vanderburgh County Comprehensive Plan includes studies of current conditions and future growth along with several other subjects including:

Based on these and other studies, goals and objectives are determined for many strategic areas of planned growth along with policies to help accomplish those goals and objectives. The goals and objectives established include:

As I said last month, this is a very comprehensive plan of 251 pages with many additional pages of tables and exhibits. I felt it important to tell you about the many subjects and aspects of the plan in order to set the stage for our continuing series. And, although we’ll concentrate primarily on land use, it is important to know that smart growth and good land use involves nearly every aspect of our lives and those needs and desires need to be taken into account.

The complete version of the Comprehensive Plan can be viewed at www.evansvilleapc.com and at most local libraries. And, if you have any comments or questions, please contact me at fcpadget@aol.com or 428-2529.

Last month we finished our series on Zoning and Rezoning. This new series is going to expand into the area of land use planning. Land use planning and the ultimate use of our land is a wide, varied, interesting, and important subject with no lack of opinion. I’m certainly not an expert in land use planning but if I can encourage you to think about it enough to be concerned and, better yet, become involved with land use decisions then I’ll feel my time in doing this series will be worthwhile.

I’ve been involved in land use issues in Evansville and Vanderburgh County as it involves the WIA for several years. A comment I hear very often is “why do we allow that specific land use to happen, why don’t we have a plan”? Well, we do and it’s a very good one. It’s 251 pages long with many additional pages of tables and exhibits. It’s called the Evansville/Vanderburgh County Comprehensive Plan and covers most every area of land use planning. It can be viewed at www.evansvilleapc.com/compplan.htm and is available at most libraries. We’ll discuss it at length in our forthcoming articles.

Indiana Code does not require that a county or city have a zoning code but they may chose to do so as contained in IC 36-7-4-202. And, if a jurisdiction has decided to have a zoning code, which we have, they must have a Comprehensive Plan as contained in IC 36-7-4-501 and adopted by the appropriate legislative body. In our case, the Comprehensive Plan has been adopted by resolution by Evansville, Vanderburgh County, and the Town of Darmstadt. Sounds good so far, but then IC 36-7-4-603 says “the plan commission and the legislative body shall pay reasonable regard to: (1) the comprehensive plan”. With an emphasis on “pay reasonable regard to” the result is that neither the APC nor the legislative bodies are required to follow the Comprehensive Plan. It boggles my mind. But, it is an important document and provides guidance for good land use planning if, as a community, we have the will and desire to use it.

We’ll leave the subject for today and let you ponder about it. In the next few articles, we’ll look in-depth at the Comprehensive Plan with an eye to strengthening the term” pay reasonable regard to” and later we’ll get into other philosophies of land use planning, and what other communities are doing about it.

Recently, I’ve received many references and research material dealing with land use and we’ll reference them in the articles as appropriate for your use. And, if you have any comments you’d like to provide me, please do so at fcpadget@aol.com or 428-2529.