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Commissioners approve rezoning for Allens Lane property despite neighbor concerns about trucks and buffering

5895093 · September 23, 2025
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Summary

After public hearings and changes to a use-and-development commitment, the board adopted rezoning BC-9-2025, converting 15.5 acres on Allens Lane from R-3 to M-2 with restrictions; a commissioner voted no citing truck traffic and road impacts.

The Vanderburgh County Board of Commissioners on Sept. 23 adopted rezoning ordinance BC-9-2025 on final reading, changing 2741 and 2761 Allens Lane from R-3 to M-2 with an amended use-and-development commitment (UDC). The motion passed by a 2-1 vote after a months-long review by the Area Planning Commission and a public hearing at the commissioners' meeting.

Why it matters: The rezoning authorizes industrial subdivision uses on about 15.5 acres of land on Allens Lane; neighbors and one commissioner raised concerns about the potential for truck traffic, road wear and the adequacy of buffering between industrial lots and adjacent residential properties.

Background and planning commission review: Cassie Virgin, representing the Area Planning Commission, identified the docket as REZ-2025-027 and told commissioners the APC recommended approval with five affirmative votes, one negative vote and one abstention. APC staff noted the county's future land-use map recommends residential use for the site, and that the UDC initially proposed allowed a broad set of uses. Petitioners revised the UDC after APC input to prohibit roughly 121 uses and added a three-foot berm along Allens Lane as a development commitment.

Petitioner's presentation: Attorney Maria Bulkley said the petitioner — Mag Holdings LLC, represented by owner Nick George — appeared before the planning commission twice and revised the UDC to narrow allowed uses. She said the petitioner also notified required adjoining property owners and the Westside Improvement Association and that she had sought input from the Leisure Living West manager but received no corporate approval for a meeting. Maria emphasized the petitioner’s view that nearby zoning already includes industrial uses and that the site had previously been owned by the developer of Leisure Living West without deed restrictions limiting future uses.

Scott Beadle, working with the petitioner, presented a traffic-comparison estimate: he said fully developed apartments on the site at the existing R-3 zoning could generate about 2,000 vehicle trips per day at a hypothetical 300-unit scenario, whereas the petitioner's proposed industrial subdivision and contractor-style shop concept would generate about 850 trips per day under their assumptions.

Neighbor concerns and discussion: A neighboring property owner had previously attended APC hearings to show photographs and to highlight an existing 10-ton weight-limit sign and a narrow turn at Mesker Park Drive onto Allens Lane. Commissioners asked whether the weight-limit sign was current and whether heavy trucks would use the road. Scott reported that county staff indicated the weight-limit sign was outdated and that the bridge on Allen's Lane has sufficient capacity. The petitioner and his representative said large-semitrailer traffic would be limited and that most trucks using similar properties arrive empty and depart empty; the owner, Nick George, said semis would be “a very minimum.”

Commissioner reaction and vote: Commissioner Gable said he was not comfortable approving the rezoning because of concerns about truck traffic, the narrowness and condition of Allen's Lane and uncertainty about long-term uses; Gable voted no. Commissioners Canterbury and President Elpers voted yes. The motion to approve the final reading passed 2-1.

What was committed: The approved rezoning contains a UDC that excludes numerous uses from the industrial district and includes a development commitment (including the three-foot berm along Allens Lane). The UDC did not, per staff, include specific subdivision-level commitments such as lot use restrictions beyond the UDC's prohibited uses; staff noted the final development could differ from the concept presented at APC.

Next steps and implementation notes: Planning staff will record the ordinance and update zoning maps. The petitioner said it plans to extend sewer into the area and to proceed with development; the timeline and specific tenants for lots remain to be determined. Commissioners asked staff to monitor road impacts and noted tax revenue from development could offset infrastructure costs.

Votes and record: Area Planning Commission recommendation was 5-1-1. County commissioners adopted the ordinance on final reading with two yes votes and one no. No abstentions were recorded on final reading.