Area Plan Commission approves rezoning requests and creates small allocation area for proposed hotel

At its February meeting the Vigo County Area Plan Commission approved multiple rezoning requests and a resolution amendment to create a small tax-allocation area intended to support a proposed hotel, the commission said.

The approvals move forward a mix of commercial and community uses: a storage-yard rezoning at 1519 Washington Avenue, a volunteer fire department site at 3862 Hotel Street, two child-care-related rezoning requests on West and East Spring Hill Drive and a small, separate allocation area carved out of the city's 2020 consolidated economic development area to underwrite incentives for a hotel project.

Why it matters: The votes change the underlying zoning that governs future uses, site improvements and permitting for the properties. One rezoning (the volunteer fire department) and two rezoning requests relating to child-care operations were presented as efforts to regularize legally nonconforming uses and to enable expanded service at existing child-care providers; the allocation-area change was presented as a financing tool to enable an incentive package for a single hotel project without affecting pledges tied to the larger 2020 consolidated allocation area.

City rezoning, 1519 Washington Avenue The commission approved city rezoning docket No. 92, special ordinance No. 43 (2024), to change 1519 Washington Avenue from C-6 (strip business) to M-1 (light industrial) to allow use as a storage yard, the staff report said. The owner is Jared Smith; attorney Eddie Felling of Linden Felling Law Firm appeared on Smith’s behalf and described proposed operations as bringing in individual vehicles, disassembling them for parts and sending materials to smelters or selling parts online. Felling said the petitioner plans an eight-foot screening fence around the property and noted M-1 zoning is adjacent to the site on the west.

Staff recommended approval conditioned on site-plan approval by city engineering; the petitioner had not filed a site plan with the area-plan office at the time of the hearing. The petition did not specify what would be stored beyond motor vehicles; the staff report reiterated the code requirement that within 300 feet of a residence, outdoor storage other than motor vehicles must be enclosed or effectively screened.

Volunteer fire department, 3862 Hotel Street (county) The commission approved county rezoning docket No. 1 (UZO number as shown in the packet) to change 3862 Hotel Street from RS (single-family residential) to R-1 (single-family residential) to recognize and permit a volunteer fire department with offices and training quarters at the site. The presenter said the site currently houses the Brereton Volunteer Firemen Association as a legally established nonconforming use and that the proposal includes demolition of an existing building and construction of a new station. Staff recommended approval contingent on the county Board of Zoning Appeals granting the requested special exception.

Child-care proposals on West and East Spring Hill Drive Two county rezoning requests to allow child-care centers also passed. The commission approved rezoning for 985 West Spring Hill Drive (petition filed as county rezoning docket No. 2) from A-1 (agricultural) to C-4 (commercial office) to allow a child-care center; the applicant’s attorney, Richard Shagley of Wright, Shagley & Lowry, said the tenant operates multiple licensed day-care sites in the area and the owner is aware of floodplain (pre-FIRM) development limitations.

The commission also approved rezoning for 2059 East Spring Hill Drive (county rezoning docket No. 3) from R-1 (single-family) to R-2 (two-family) to allow a child-care expansion. The owner (AMZ Development LLC) seeks to bring a long-running day-care use into compliance while adding an addition that would allow care for roughly six more children; because the addition forfeits the site’s prior legal nonconforming status, the petitioners also requested a special exception and a variance (a 25-foot rear-yard variance) from the county Board of Zoning Appeals. Staff recommended approval conditioned on BZA action on the exception and variance.

Amendment to consolidated economic development area The commission approved a request from the city’s redevelopment commission to amend the declaratory resolution and economic development plan for the city’s 2020 consolidated economic development area to carve two parcels out and create a new, small allocation area to support incentives for a proposed hotel project. Counsel for the redevelopment commission (filed with Barnes & Thornburg in the packet) explained the carve-out would permit incentives for the hotel without affecting financings that rely on the larger 2020 consolidated area.

Votes at a glance - City rezoning docket No. 92 / Special Ordinance No. 43 (2024) — 1519 Washington Avenue (C-6 to M-1): approved (voice vote). - County rezoning docket No. 1 (UZO listed in packet) — 3862 Hotel Street (RS to R-1) for volunteer fire department: approved (voice vote); approval contingent on BZA special-exception process as noted in staff report. - County rezoning docket No. 2 (packet UZO reference) — 985 West Spring Hill Drive (A-1 to C-4) for child-care center: approved (voice vote); staff required revised site plan and parking details. - County rezoning docket No. 3 (UCO reference in packet) — 2059 East Spring Hill Drive (R-1 to R-2) for child-care expansion; request includes special exception and 25-foot rear-yard variance to BZA: approved (voice vote); BZA action required on exception/variance. - Amendment to city 2020 consolidated economic development area (Barnes & Thornburg filing) — creation of small allocation area for hotel incentive: approved (voice vote).

Each of the above motions passed by voice vote; the record shows “Aye” and the chair called the motion passed on each item. Staff and presenters noted outstanding site-plan or BZA steps required before some uses may proceed to permit or construction.

What remains: for several approvals staff conditioned final favorable recommendation on subsequent site-plan approval by city engineering or on Board of Zoning Appeals actions for special exceptions/variances. The commission did not adopt detailed site plans at the hearing; those administrative and permitting steps remain prerequisites to construction or change of use.