Area Plan Commission approves rezoning for 264-unit multifamily on North Burkhart Road

The Area Plan Commission of Evansville and Vanderburgh County voted to rezone 3200 North Burkhart Road from R-1 to R-5 with an attached Use and Development Commitment (UDC) to allow a 264-unit multifamily development, approving the petition with seven votes in favor and one abstention.

The vote matters because the rezoning changes what the site may be used for, moves a proposed affordable multifamily project forward and sets specific development conditions — including height limits, screening and a required traffic study — that the commission will expect at later site review. The project team told the commission the development would pursue state tax-credit funding and local incentives to deliver workforce housing.

Mike Schottmeyer, an attorney with the law firm of Conde, Zahn & Kahn representing the developer, told the commission the applicant had revised the UDC after neighborhood meetings. "We've made lots of changes, to deal with the construction times, to deal with the height restrictions…we put a 50 foot limit," Schottmeyer said. He described screening and a fence to address neighbors' concerns about headlights and said the developer would complete a traffic impact study.

Jared Burgess of the Marion Group, the project's developer, described the proposal as 11 three-story buildings on roughly 21 acres and said the team now projects 264 total units. "We're projecting 264 units and that's across 11 buildings," Burgess said, and said the firm expects an even mix of one-, two- and three-bedroom units. Burgess also said the developer would apply for state housing funding; commissioners and speakers discussed the project in the context of Indiana housing programs including Lilly-Ready funds and other tax-credit financing.

Krista Lockyer, representing Bennett Point Condominium Association, said the condo association negotiated revisions to the UDC and is satisfied with provisions addressing visual separation and lighting. "Our agreement is based on that revised use and development commitment," Lockyer said and asked that the association be involved if the traffic study results in a different entrance location than the one shown on the site plan.

A neighboring property owner, Rhonda Lee of 3400 North Burkhart Road, told the commission she was concerned about recurring flooding and winter icing at the roadway near Bennett Point and asked whether the development's drainage would add to hazards on Burkhart Road. The developer and staff said the project must manage stormwater on-site and that the required traffic and drainage reviews during site plan review would address curb cuts, access locations and runoff. Schottmeyer said the project "will improve the drainage." The developer also said the project will include a wet retention pond and that some grading and building lifts will be required.

The UDC filed with the petition and revised during neighborhood talks places several limits and commitments on future development: building height limited to three stories/50 feet, planting and maintenance of a tree buffer along the southern property line abutting Bennett Point condos, fencing at the condo-facing edge, dumpsters and trash enclosures placed and screened so they are not visible from the public right-of-way, no billboards, and a required traffic impact study. Staff advised that final compliance with all code requirements will be determined at site review and that the traffic study might require modifications to access and internal circulation.

Commissioners asked about property retention by the developer, management of the property and whether the apartments would be 100% affordable. Burgess and Schottmeyer said the developer expects to deliver workforce/affordable housing and that management will be handled by a local Indiana-based company (Heron Property Management was named). Burgess said financial incentives used in similar projects generally encourage long-term ownership by developers who meet funding requirements.

After discussion the commission approved the rezoning with the UDC. The roll call showed seven votes in favor and one abstention (Miss Stevens). The commission's staff noted the city will also review traffic and drainage during site review, and that the city council will hear city rezonings on March 31, 2025, while the county commission will hear county rezonings on March 18, 2025.

What happens next: The commission's approval forwards the petition to the appropriate legislative body with the commission's recommendation; the developer still must complete the traffic impact study and site-plan reviews, and pursue any state funding or tax-credit awards they intend to use for financing.