Boone APC sends rezoning request for 4250 N. US 421 to commissioners with unfavorable recommendation

The Boone County Area Planning Commission voted to send petition 25M8-16-064 — a request to rezone 3.04 acres at 4250 North U.S. 421 in Lebanon from Agriculture to Local Business — to the Boone County commissioners with an unfavorable recommendation and conditions.

The petition seeks commercial zoning for a proposed multi-tenant neighborhood retail center on a 3.04-acre parcel at 4250 N. U.S. 421. Interim Planning Director Deborah Luzier told the commission that the property is currently designated general agriculture in the county comprehensive plan and that staff recommends an unfavorable recommendation to the commissioners while listing technical requirements and voluntary commitments as conditions.

Why it matters: The site is along a heavily traveled county arterial where neighbors said existing drainage, septic and living conditions make commercial development inappropriate. Rezoning to Local Business would allow a broader set of commercial uses than the current Agriculture zoning and — if approved by commissioners — would change expectations for nearby property owners.

Staff summary and conditions

Deborah Luzier, interim planning director, said the parcel is “in a part of the county that is currently and has historically been used for active agriculture and low density residential” and that the county’s future land-use map designates the area as general agriculture. Luzier noted technical-review comments that must be addressed if the property is developed: state review and permitting for a commercial on-site sewage system through the Indiana Department of Health, compliance with the Boone County drainage ordinance for detention and outlet design, and any required permits from the Indiana Department of Transportation because U.S. 421 is an INDOT-maintained route. She also said staff received one written comment, from Robert Zell, opposing the rezoning.

Luzier said staff recommended the commission forward the petition to the county commissioners with an unfavorable recommendation and three conditions: that all technical-advisory-committee comments be addressed at the appropriate times; that the petitioner adhere to the voluntary commitments submitted limiting certain uses; and that if a building permit is not obtained within one year of a positive decision by the commissioners, the zoning would automatically revert to Agriculture.

Applicant and public comments

Mike Andreoli, attorney representing the applicant, urged the commission to recommend approval and told commissioners the site is “a very small parcel, 3 plus acre parcel on the most heavily traveled road that we have in the Northeast section” and that the proposal seeks only low-intensity local-business uses such as small shops and a coffee shop. Andreoli said the applicant had prepared preliminary development materials addressing drainage and septic issues and planned to comply with technical review if the rezoning moved forward.

Residents who live near the site urged the commission to oppose rezoning. John Rourke, who lives at 4505 N. State Road 421, said he and his wife moved there to retire and asked, “What’s that gonna do to people’s property value? People like me that got their whole life savings invested in their house.”

Other nearby residents raised repeated concerns about flooding, drainage and septic feasibility. Tom Simmons, the builder of a house directly west of the parcel, said the surrounding properties “completely surround the property we're talking about” and argued there is no practical outlet for required septic drain tile without crossing adjacent land. Dustin Hansen, who owns two properties north of the site, said he has suffered basement flooding and insurance claims and fears commercial development would worsen drainage and crime risks. Jerry March, a nearby landowner, described the rezoning as “spot zoning” and expressed skepticism about on-site commercial septic viability. Kristen Dickerson, a frequent commuter on 421, said nearby municipalities already provide commercial services within short driving distances and urged that the lot be returned to residential rather than rezoned to commercial.

Commission discussion and vote

Commission member Jay Schomburg said he opposed “spot zoning” and called it “the opposite of what we're trying to do” in planning. Schomburg moved to forward the petition to the county commissioners with an unfavorable recommendation and to include the three conditions Luzier outlined; Donnie Lawson seconded the motion. Chair John Merson called for a voice vote. The motion passed by voice vote; the commission recorded no roll-call tally in the meeting minutes and no individual commissioners registered a recorded no vote in the transcript.

Ending

The APC's unfavorable recommendation now goes to the Boone County commissioners for final action. The commissioners will receive the petition with the APC’s recommended conditions and the public comments submitted during the APC hearing. If commissioners approve rezoning contrary to the APC recommendation, the staff conditions would remain a record for subsequent technical review and permitting.