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Area Plan Commission recommends denial of Sam—s Trucking rezoning requests near Cedar Hall Elementary

Area Plan Commission of Evansville and Vanderburgh County · September 5, 2024
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Summary

After testimony from neighbors and the school representative about safety and unpermitted changes, the commission voted to recommend denial of both the building parcel and the adjacent outdoor storage yard petitions for Sam—s Trucking and Excavating (10 no, 0 yes, 1 abstention on the building; 10 no, 0 yes, 1 abstention on the storage yard).

The Area Plan Commission on Sept. 5 recommended that Evansville City Council deny two rezoning petitions filed by Sam—s Trucking and Excavating for properties at 2116 and 2118 North Fifth Avenue. Commissioners voted strongly against both petitions, citing extensive unpermitted changes, required variances and proximity to Cedar Hall Elementary School.

APC staff presented evidence that portions of the site had been converted without permits, including gravel surfacing for heavy-equipment storage and the installation of an unpermitted access drive. Staff and commissioners catalogued up to nine variances likely required to keep existing conditions: reductions in required side and front yards, multiple access/depth exceptions, gravel surfacing instead of a sealed pavement, lack of an eight-foot opaque fence around outdoor storage, and a possible reduction in required parking.

Neighbors and the school representative described safety and quality-of-life impacts. James Smith, who lives across the street, said trucks and activity start early in the morning and that parents and students navigate congested streets at drop-off and pick-up. The school-appointed board member noted the crosswalk and the need to avoid heavy equipment movements near children.

Company representatives said they had grown the operation over time, that some yard activity predates their tenure, and that they would comply with requirements where possible. Several commissioners, however, concluded the location is not appropriate for an excavating contractor—s outdoor storage yard and that the number of necessary variances and lack of development commitments demonstrated the site is poorly suited to the use.

The commission recorded a 10 no, 0 yes, 1 abstention vote on the building parcel petition and a 0 yes, 10 no, 1 abstention vote on the outdoor storage petition; both will be forwarded to City Council with recommendations for denial.