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Evansville council approves two rezoning ordinances, denies two others after APC recommendations and neighborhood concerns

Evansville Common Council · September 23, 2024
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Summary

The Common Council on Sept. 23 adopted two rezoning measures and denied two others after APC recommendations, public comment, and council debate about neighborhood impacts near Cedar Street and North Fifth Avenue.

The Evansville Common Council on Sept. 23 took action on four rezoning ordinances after Area Plan Commission (APC) recommendations and public comment.

Ordinance R‑2024‑23 (APC REZ‑2024‑024) sought to rezone 1314 North First Avenue from C4 to C2 to recognize an existing five‑unit apartment building that lacked permitting for its conversion. APC staff recommended approval (11–0). Cassie Virgen of the APC explained that the rezoning would legalize the existing multifamily use but noted the building will still require site review and inspections to bring work into compliance. The council adopted the ordinance by roll call (8–0).

Two related rezoning petitions involving property near North Fifth Avenue and Cedar Street (R‑2024‑24 and R‑2024‑25, APC dockets REZ‑2024‑025 and REZ‑2024‑026) were recommended for denial by the APC (R‑24: 0 affirmative, 10 negative, 1 abstention; R‑25: recommendation for denial). The petitions were tied to Sam Trucking and Excavating Inc.’s use of formerly residential lots as a gravel/laydown yard and vehicle storage. APC staff reported complaints about unpermitted graveling, outdoor storage and an unpermitted access drive. Residents and councilmembers raised safety and traffic concerns because Cedar Hall Elementary School is adjacent to the site; councilmember comments noted increased morning traffic and noise. The business owner, Steve Harris, said larger equipment is not parked at that lot and said he plans to relocate; he acknowledged some stockpiling of gravel on site. After discussion, the council denied both rezoning requests (R‑2024‑24: 0 ayes, 8 nays; R‑2024‑25 amended: 0 ayes, 8 nays).

Ordinance R‑2024‑29 (APC REZ‑2024‑030) requested a downzone of 1407 West Maryland Street from M3 to R1 to allow continued single‑family use and remove a legal nonconforming status. APC recommended approval (10–0). A resident testified in favor of easing burdens on homeowners who need downzoning to secure financing. The council adopted R‑2024‑29 (8–0).

Council members repeatedly noted their reliance on APC staff expertise in land‑use matters. In several debates, council members said they were reluctant to approve rezoning that would formalize an unpermitted change of use or introduce industrial activity next to residences and a school; they cited APC testimony about required variances and a lack of submitted site plans. Where APC recommended approval and staff found the request consistent with plans and permitting paths, the council approved the rezoning.

Votes at a glance: R‑2024‑23 adopted (8–0); R‑2024‑24 denied (0–8); R‑2024‑25 amended denied (0–8); R‑2024‑29 adopted (8–0).