0:00 I don't think it's actually pretty old now.
0:02 He's gonna come for us.
0:04 I don't know if I'm not there, so uh, he's uh, you know, there's a lot of uh, you know, it will be not food, but you know what, it's called the lower program, and uh uh, you can analyze that it's uh, you can sort that to the basic uh something that's a presentation, yeah.
0:28 It's uh there's like one right next to me, it's not the stuff to work for.
0:35 And then there's something like the one and all the side, but it's a lot of people are fine.
0:47 So, uh, point two is a conviction.
0:50 Tell us the details.
0:52 Yeah, and we do yeah, you know, sixteen on the side, or five, and side, but we know we've got a remote single point, maybe if it was a little error, you might be so.
1:23 You just make it with the back, and I actually could see I mean copies in this thing.
1:30 I don't know how to do that.
1:35 So, I mean, we're gonna have to do this.
1:39 So, uh, you can do it for one that one.
1:44 Oh, and so it's uh, we can only uh, how do you do it again?
1:52 Oh, yeah, you know, you can't find out the first thing.
1:56 Yeah, I think we're still we can't have everything, but I'm just gonna be able to do it.
2:08 Everything I want to work with, or you've got to run, and then uh it's uh, no, I want to get a course for how that's a good one.
2:29 Okay, I will not have to go.
2:32 Okay, yeah, so I guess that's it.
2:38 No, it's right here to this.
2:41 And there's so you can make it a little bit more than a very good one.
2:52 So she's using all the time.
3:01 So we got her all opened up now.
3:07 The root of the problem.
3:08 So, you know what I'm saying?
3:12 I think we have to see it.
3:15 Well, I think that's just kicking on it.
3:21 Not kicking very high.
3:23 It's not kicking very high.
3:35 So, you take a few, uh, resolving the problem.
3:43 I think it would be an episode of the same.
3:54 So, I think it's a little bit of a little bit of a little bit because it was like, I mean, uh, but it's uh, in the middle.
4:19 Oh, we're gonna have to.
4:20 No, well it's gonna be a little bit more than the assessment.
4:37 Oh, right, we're not going to get one of the four cards to make that.
4:56 So, I think it's like that force has to be a little bit of speakers.
4:58 It was in your office, but what do you want to do?
5:10 You talking to Michael Warren.
5:13 On points and historical stuff.
5:15 Yes, they were involved.
5:29 I think it's a weird one out of the sort of why.
5:37 Yeah, so she's on your memory.
5:40 No, you should try to do that.
5:51 Oh no, it was uh, I don't think I'm doing it when you are.
6:04 This meeting is being transcribed and summarized.
6:40 Oh, I think that's settings.
6:42 That's kind of the same.
6:47 Well, I think it's a one way and export, and more than they have, you don't think that's what they should have.
7:11 Yeah, we can hear it.
7:19 There's always one in here.
7:21 That's why there's any.
7:28 Well, I bring that station.
7:44 Well, we have to be five.
7:46 No, you're always gonna need it.
7:48 Because if there's if there's five, you need five.
7:53 We have the five people here, you'll be five.
7:56 So this is the one that you're uh.
8:18 Oh, I think it's a good one.
8:26 Oh, we'll make sure they don't want to do the audience.
8:31 Yeah, so I guess this is what's better than you.
8:36 So the other one is not quite a little bit, so it's funny.
9:12 This is very quite like a little bit.
9:26 I know I don't think we're not so We're about on.
9:50 I don't know who you got.
9:55 I'll let you take care of that.
10:00 Hey, Joel, there's another person on.
10:03 I don't know what he's on for, but just watch a casey.
10:06 It takes microphone off.
10:08 He needs to be or if he needs heard.
10:29 It's on his not ours.
10:32 He's the one who have to have data.
10:37 Apple time, three o'clock.
10:39 I would like to call the June 4, 2026 meeting of the Area Plan Commission of Evansville and Vandenberg County to order.
10:45 Will the Secretary please call the role?
10:48 Will the Secretary please get back to her seat?
11:12 And Miss Stevens is not here.
11:14 Uh so I'm filling in from vice president up to president.
11:17 You haven't noticed she's been traveling a lot.
11:19 If when I grow up, I just want to be her luggage.
11:22 Is there a motion to approve the May memorandum?
11:27 Uh, say we have a motion in a second.
11:29 Will the secretary please call the roll?
11:45 And uh please let the record show that the May memorandum is approved.
11:49 And now we'll play a recording that describes our proceedings for rezonings, please.
11:54 For rezonings, it takes five affirmative votes to recommend approval of a petition or five negative votes to recommend denial of a petition.
12:02 In the event that there are not five votes, it still goes forward to the city council or county commission with no recommendation.
12:08 The Area Plan Commission has established the following guidelines to be followed for both rezonings and subdivisions.
12:15 London will begin each presentation as each case is called the petitioner or and the remonstrators who intend to testify will please stand and be sworn in at the beginning of the process.
12:25 All testimony must begin by stating your name and address for the record.
12:29 The petitioner or person appearing for the case being heard will have a maximum of ten minutes for the presentation of evidence, statements, and arguments in support of the petition.
12:39 Then there will be a total of ten minutes for the remonstrators.
12:42 This testimony will be followed by a five-minute rebuttal period for the petitioner as a summation of the case.
12:47 Any request for additional time must be voted on by the board.
12:51 A timer will be used to help enforce the time limits.
12:54 Both petitioners and remonstrators should organize their testimony to adhere to these guidelines.
12:59 When there is a group of individuals remonstrating against a petition, we strongly encourage the group to designate a spokesperson.
13:06 If it is necessary for more than one remonstrator to speak, the group should meet out in the hall before the area plan commission discussion of the agenda item to coordinate the information presented so that each speaker addresses a different issue of concern.
13:19 In order to expedite the meeting, remonstrators should refrain from repeating the same concerns already expressed by another speaker about a particular development proposal.
13:28 The plan commission appreciates the cooperation of all participants with these guidelines.
13:32 If the commissioners have questions about issues we feel have not been sufficiently addressed by the applicant, we have the option to request a continuance until the information needed to sufficiently answer our concerns is available or provided by the applicant or technical staff.
13:47 Okay, the next regularly scheduled meeting of the Area Plan Commission will be Thursday, July 2nd, 2026 at 3 o'clock p.m.
13:54 in room 301 of the Civic Center Complex.
13:57 The city, excuse me, the city rezonings considered tonight will be heard at the city council meeting on Monday, June 22, 2026 at 5 30 p.m.
13:59 The following petitions will not be heard this evening.
14:09 They are docket number REZ-2026-003 at R-20.
14:15 I'm sorry, at 23, 2713 Jeanette Avenue.
14:21 Also, docket number REZ-2026-004 at 2708 and 2712 Jeanette Avenue.
14:29 Also, docket number REZ-2026-015 at 1307 and 1311 Henning Avenue.
14:37 These petitions will be continued to the July 2nd, 2026 meeting.
14:42 Um and uh I guess we're good ready to move on to the first item on our agenda, please.
14:48 All right, as tall matters before the commission today, do you swear or affirm the testimony we'll give is true and accurate so if you got thank you.
14:55 All right, first up is docket number REZ-2026-013, R-2026-10.
15:02 Petitioners Memorial Town Houses LLC at 501 through 503 and 511 East Walnut Street.
15:10 Morley Corp on behalf of Memorial Town Houses LLC is requesting to rezone property located on the south side of East Walnut Street between South Elliott and Garvin Streets from R5 to C2 with the UDC for town homes and office building as stated on the application.
15:27 The UDC submitted at filing prohips prohibits the uses as stated in the Staff Hill report that would usually be permitted in a C2 zone.
15:36 This site is located in the area of mixed zoning and uses east of the downtown redevelopment area.
15:42 The immediate vicinity is predominantly residential uses on the south side of Walnut Street and industrial uses zone M1 on the north side.
15:49 The county assessors' records indicate the existing residential development on the site was constructed around 2004 following a rezoning from R2 to R5 for this purpose.
16:00 This block was vacant at that time after Blighted Homes and Buildings had been raised as part of the Walnut Center Redevelopment Area project adopted by resolution in the 1980s.
16:10 The redevelopment plan for the area designated this block to remain residential use.
16:15 The applicant is now requesting to rezone the entire block to C2 to allow mixed use, adding a professional office to the smaller building on Elliott Street within the existing multifamily development.
16:26 UDC attached to this request prohibits some of the commercial uses from use group 7 and 8, usually allowed in a C2 zone.
16:46 This is a request to rezone the property located at 501 through 503 and 511 East Walnut Street from R5 to C2 with the UDC to allow mixed commercial office and residential use within an existing multifamily development.
17:00 Alright, well, everyone who's here to speak on this petition for it or against it, please raise your right hand.
17:05 You swear or affirm the testimony you will give is true and accurate, so I'll be out.
17:10 Name and address, please.
17:12 4800 Rose Bud Lane.
17:15 Um so I passed out to you a picture kind of showing where in the world this is.
17:19 Uh, and so it is just right outside outside of downtown uh core, uh right next to the uh Memorial Baptist Church.
17:27 And um originally uh there was a little building back behind those uh there was a part of town home apartments there, and it was kind of an accessory use to those townhomes and apartments, however, they no longer need that, and they have someone who wants to use it for commercial purpose, uh, but it's currently in an R zoning, and so we're seeking to rezone to allow them to use that as a small commercial purpose instead.
17:55 Um, the uh C2, the residential is allowed in C2, and like commercial is allowed in C2, and so we felt like it was a good change.
18:06 Are there comments or questions from board members?
18:08 Oh, I should say um but the rezoning.
18:11 Yes, I did speak, uh I did email back and forth with the rescue mission who's across the street, and they had no objections.
18:17 Thank you for doing that.
18:18 Anybody else have anything?
18:20 Are there any remonstrators about this?
18:25 Is there a motion to approve?
18:28 Please call the roll.
18:50 I vote yes and show that with six yes, zero no's and one abstention.
18:55 It is recommended for approval.
19:01 Next up is docket number REZ-2026-014 R-2026-11 4919 Ode Boonville New Harmony.
19:12 Joe Harrison on behalf of OBH properties LLC is requesting to rezone property located on the south side of Ode Boonville Highway, east of North Green River Road from R1 to C4 with a US use and development commitment for the sale and storage of trailers in connection with the business Lyles trailer sales as stated on the application.
19:32 EDC submitted it filing narrow limits use of the property.
19:35 Only the following uses would be allowed.
19:37 Use group 8, retail sales or rental of mopeds.
19:41 Use group 11 retail sales or rental of trailers, automobiles, trucks, motorcycles, lawn and garden equipment, including yard barns.
19:50 Other uses typically allowed in a C4 zone would be prohibited regarding development.
19:55 No commitments were included.
19:57 This site is located in area of very mixed zoning and uses east of the commercial corridor lining the intersection of Green River Road and Morgan Avenue.
20:05 This portion of Ode Boonville Highway is comprised of several residential uses zoned R1 scattered throughout commercial and industrial uses with mixed zoning.
20:15 The greater surrounding areas, predominantly commercial uses, zone C4 along Green River Road to the west, and commercial industrial uses zone M1 and M2 to the east and south.
20:25 The four adjacent lots to the west have been rezoned and granted variances at different times for the commercial business currently owned by the applicant.
20:33 Most of these approvals were out of necessity to bring the property into compliance after the business had expanded without permits.
20:40 APC was notified of the issues via complaints from neighboring residential property owners.
20:45 The first rezoning covered two lots from R1 to M1 in 1969, at which time the existing business was an auto body repair shop.
20:53 The business then expanded west onto the C4 zone lot.
20:57 Sometime around 2000, the business was changed to trailer sales and began parking and storing trailers on these lots, later expanding again to the east of the M1 area.
21:08 The expansion lot was then rezoned from R1 to M2 in 2016 to bring that property into compliance and allow the outdoor storage of trailers.
21:16 Multiple variances for setbacks and gravel were then approved to bring existing conditions on these lots into compliance.
21:23 The applicant is now requesting to rezone the subject property to C4 for further expansion of the business.
21:29 This lot is directly adjacent to the M2 zone lot.
21:32 The UDC attached to this request differs from the from that applied in the M2 rezoning.
21:45 The commercial activity must be conducted within the same property lines, otherwise the storage would be considered a standalone use requiring an M2 zone.
21:54 The 2035 feature land use map recommends this site for residential uses.
21:58 The request to rezone the property to C4 to allow commercial retail and storage uses would not be consistent with the comprehensive plan.
22:06 However, it would be consistent with the current use of adjacent property to the west and south, as well as other lots in the same block previously rezoned by the applicant for the same stated use.
22:16 Should this request be approved, the UDC UDC could be modified to include development commitments that would maintain or reinforce an adequate buffer to protect the abutting property owners, such as such as compliance with the required 10-foot side yard setback or installation of an opaque fence.
22:34 It is also recommended that all lots used for commercial activities be combined in a one-lot subdivision with a single zoning and UDC for the entire site.
22:44 This would ensure that the zoning code requirements are applied accurately and uniformly across the property and eliminate the need for multiple separate variance petitions.
22:52 This is a request to rezone the property located at 4919 Ode Boonville Highway from R1 to C4 with a UDC to allow expansion of an existing business for proposed storage and display area for trailers.
22:59 Well everybody who's here to speak on this petition for or against it, please raise your right hand.
23:12 You swear or affirm the testimony you will give is true and accurate self-bag?
23:17 Name and address please for the thank you, Joe Harrison.
23:20 Uh address, one Main Street, suite 600, here in Evansville with the law firm of Denton's Bingham Green Bomb.
23:28 And I'm here with uh Cole Lyle.
23:31 Uh Cole Lyle is uh he and his wife are the owners of OBH properties LLC, uh, the petitioner.
23:38 And again, this is a petition to rezone the property there at 4919 Old Boonville Highway.
23:45 Uh, as indicated, the use of the subject property will be for the sale and storage of trailers in connection with Lyle's trailer service that's been at that location since 1970.
24:00 Um, and and the business is located there at 4909 Old Boonville Highway.
24:07 Um, there is a house located on this property right now.
24:13 Uh, if the rezoning is approved, it will be raised.
24:16 Um, my client's trailer business uh uh was started, I guess, by your grandfather, um, and as indicated many years ago.
24:27 Uh, if the rezoning petitions approve, my client will own and control five properties as indicated.
24:34 Uh they would be at 4901, 4909, 4911, 4913, and 4919 old Boonville Highway.
24:43 Um, you know, as indicated.
24:46 Uh they would control all of them.
24:49 He recently uh my client recently acquired the property at 49.11.
24:55 4911 is zoned M2 as was indicated.
24:58 Um, and that property was condemned by the city, and my client then acquired it and tore it down.
25:05 So he's been making an effort, they've been making an effort to clean up uh this area and uh uh really make it a lot nicer than it was a few years ago.
25:17 Um the property of 4925 uh is zoned, I believe R1.
25:25 Uh the owner of that property also owns the quality in right behind there.
25:32 And uh I have been in contact with Mr.
25:34 Patel, the owner of both properties, and so is my client, and he indicated no objections uh to this rezoning petition.
25:43 He'd be here if he had an issue, and uh he was glad he didn't need to show up uh one way or another.
25:50 But he's he's happy that my client is pursuing this uh petition.
25:56 Uh in addition, I handed out in front of you a letter uh in support of the petition that was filed that was submitted by uh Mel Greer, the owner of Greer's flooring.
26:09 Uh that property there is at Old Boonville Highway and North Green River Road.
26:14 It used to be the Risley's uh location many years ago, and uh you can see that uh Mr.
26:20 Greer is in support of the petition and uh would ask uh your favorable support of the uh recommended rezoning from uh R1 to C4 with the use and development commitment.
26:35 In closing, if you have any questions, uh we'll be glad to try to answer whatever questions you may have, but I would ask for a favorable uh recommendation on behalf of my client.
26:45 So, with all due respect to the comprehensive plan saying that this should be residential, this really has gone commercial, and and even the houses that are there, even if there's somebody living there, they're doing something in their garage or their barn or they've got a uh a beauty chair, something, you know, going on there.
27:02 So, anyway, I drive this quite often, and as it has gone to commercial, I will note you've always kept that property looking very nice and safe.
27:10 I drive that old Boonville Highway at least twice a day, and you've done a good job with that.
27:15 I was really glad to see that Mel agrees.
27:20 Are there any comments or questions from board members?
27:24 The the green is the property line.
27:28 Yeah, one on this and there.
27:29 Got quite a bit of stuff that's encroached beyond that.
27:32 Is that an issue at all?
27:36 Okay, okay, thank you.
27:40 I've driven past this multiple times, and I mean that area just having the R1 is kind of crazy.
27:52 Uh that yeah, not making it, not doing the change.
27:57 He's kind of, I'm glad he's making the update.
28:01 I knew this when it was the Lyle's body shop.
28:07 Make a motion to approve.
28:09 Are there any remonstrators first?
28:12 And uh Lon, what'd you say?
28:16 Please call the roll.
28:32 I vote yes and show that it is recommended for approval with seven yes and zero no's.
28:38 Good luck, you guys.
28:39 Thank you very much.
28:40 Have a good evening.
28:42 Next up is docket number REZ-2026-016 R-2026-13.
28:49 Six for 1514 South Morton Avenue.
28:53 Morley Corp, on behalf of Memorial Community Development Corp.
28:56 Is requesting to rezone property located east of Garvin Street, north of Covert Avenue from C2 to R2 for single family as stated on the application.
29:05 No use and development commitment was included.
29:08 This site is located in the solid area residential uses, almost exclusively zoned R2.
29:14 The nearest nodes of commercial zoning are located several blocks to the south along East Riverside Drive.
29:21 The city directory shows a grocery and attached single family dwelling at this location as early as 1924.
29:27 ABC later later granted the grocery legal nonconforming status after the area was blanket zoned for residential use in 1940.
29:36 However, the building was left vacant for more than six months, sometimes in the early 1960s, voiding the nonconforming status.
29:51 Several different businesses occupied the building until it was eventually raised in 2018.
29:56 The lot was remained has remained vacant since that time.
29:59 The applicant recently purchased the property and is now requesting to down zone back to R2 to construct a new single-family residence.
30:08 The 2035 future land use map recommends this site for residential uses.
30:12 This request to rezone the property to R2 to establish a single family residence would be consistent with the comprehensive plan.
30:19 This is a request to down zone the property located at 1514 South Morton Avenue from C2 to R2 to allow a change of use and construction of a new single family residence.
30:30 Alright, well, everyone who's here to speak on this petition for or against it.
30:40 Uh Jim Morley Jr., uh project engineer.
30:43 So this is an itty bitty lot.
30:45 It's about that big, just like a little dot is.
30:47 No zoom button, no zoom.
30:50 Um, and it's about halfway between Glenwood and the museum.
30:53 It's in a C of C2 zoning, and we're looking to turn it into C2 to match everything else around it.
31:01 Part two, I'm sorry.
31:03 Yeah, it's from it's from the special, that was a special test for Linda.
31:08 Linda, you did great on that.
31:10 You answered all the questions.
31:13 Are there any comments or questions?
31:14 Pretty straightforward, but all right.
31:16 Are there any remonstrators about this?
31:20 Is there a motion to approve?
31:22 Motion and a second, please call the roll.
31:25 You gotta be quick.
31:30 Based on the detailed site planning.
31:33 I see the reason I can say yes.
31:45 I like the very teeny weenie pink dot.
31:52 I vote yes and show that it is approved for recommendation with six yes, zero no's, and one abstention.
31:59 Now we have to play a recording that describes how we handle subdivisions.
32:21 Give me one second.
32:30 The rezoning portion of the meeting is now over, and we will now hear the proposed subdivisions that are are on our agenda.
32:36 As stated earlier, the area plan commission is the sole authority on subdivisions.
32:40 State law and our subdivision control ordinance dictate the issues the plan commission can consider when reviewing a subdivision application.
32:47 Unlike a rezoning consideration of a subdivision, is limited to whether it complies with the standards and requirements in the local subdivision control ordinance.
32:55 If a subdivision application meets the requirements set forth in the subdivision control ordinance, the area plan commission must approve the primary plat.
33:04 Indiana courts have indicated that plan commissions have no discretion in this regard, and that our role in reviewing and acting on subdivisions is purely ministerial.
33:12 Five affirmative votes are needed to approve a subdivision plat, and conversely, five negative votes are required to deny a plat.
33:19 In the event that there are not five votes for or against, this is considered a no action vote, and the plat returns to the next APC meeting for consideration.
33:28 The guidelines for testimony on subdivisions will be the same as those explained at the onset of this meeting.
33:33 Petitioners and remonstrators should remember that the only testimonies the APC can consider are facts that prove whether the plat complies with the specific standards in the subdivision control ordinance.
33:44 Copies of the subdivision control ordinance are available in the Area Plan Commission office in room 312 or on our website at Evansville APC.com.
33:56 First on our agenda for subs is document number MAJ-2026-003 and WAV-2026-007, the NEST.
34:08 The NES proposed subdivision is a replat of Marion Heights, which was recorded in May 14th of 2013.
34:15 The subdivision is combining this one lot subdivision and two additional parcel lots to the south.
34:21 These lots were rezoned to C2 in March of 2021 with a use and development commitment.
34:26 The subdivision review committee reviewed this plat on May 18th of 2026.
34:31 The proposed department complex street network will consist of one main entrance road, which will access South Red Bank Road and branch off to parking lot areas within the development.
34:43 All interior driveways, parking areas, etc.
34:46 shall remain private.
34:47 The access statement under general notes on the plat reads lot one has direct access to south at Red Bank Road.
34:54 On March 31st of 2026, the Vandenberg County Drainage Board granted preliminary approval of the drainage plan for the NES subdivision.
35:02 Order and sewer services are available by extension, and a letter of credit will be required if the public improvements are not completed and accepted prior to recording.
35:11 Regarding the sidewalk waiver request, the applicant has requested a sidewalk waiver for the subdivision, which will be considered by the Area Plan Commission for a recommendation with a final decision by the Vanderburgh County Commissioners.
35:24 Sidewalks are required unless waived.
35:26 County engineers' comments are as follows.
35:29 Although sidewalks are needed along Red Bank Road, if they were constructed along the frontage of this subdivision, they would not connect to any other sidewalks.
35:38 Since there are no sidewalks to connect to, I do not oppose the sidewalk waiver.
35:43 Evansville MPO comments are as follows.
35:45 The sidewalk waiver does not meet the guidelines in the access management manual and design guidelines.
35:51 Therefore, sidewalks should be installed.
35:54 Evansville Vanderburgh School Corporation comments are as follows.
35:57 EVSC has no objection to the waiver.
36:00 Vanderburgh County Surveyor's Office and Evansville Water and Sewer Utility as part of the subdivision review committee have no objections to the sidewalk waiver.
36:09 The building commission, also part of the subdivision review committee, voted against the waiver.
36:16 Well, everyone who's here to speak on this petition for it or against it, please raise your right hand.
36:19 Do you swear or affirm the testimony you will give is true and accurate?
36:26 Do you have any um?
36:28 I'm sorry, start with your name and your address for the Don Grease 19 East 925 Upstart.
36:35 Easily lands brain.
36:37 Did you want to give us any more background info or there's really not much?
36:40 I think everyone's aware of what the development is going to be.
36:43 Um a comment on regarding the sidewalks.
36:47 Um, anyone's here familiar with that site, you could see that they would go nowhere, right?
36:52 There's I mean, especially if you were trying to go, let's just say north along Red Bank, just going into an abyss, and going south.
36:59 There's nothing to connect to either.
37:01 So we'll have two separate votes.
37:02 One is for the subdivision, one's for the waiver.
37:05 Are there any comments or questions from board members?
37:09 Are there any remonstrators about this application?
37:13 Can I say something?
37:16 Uh he's a registrar.
37:17 Is this Patrick or yes?
37:20 Yes, this is Patrick.
37:23 Uh how do you hold on, hold on?
37:25 One second, Patrick.
37:26 So we we've got your name here is Patrick Minahan.
37:30 Which and can you give us your address for the record?
37:34 Uh 3200 Kensington Avenue, Evansville, Indiana, 47710.
37:42 So it says on the report on the website uh that sidewalks would serve no purpose.
37:47 Um, but if you look at the most recent Google Street view from that site, there are two people who are walking on the road, um, because there is not a sidewalk, basically just out in the middle of traffic.
38:00 Um, it's a stretch to say that they serve no purpose.
38:04 Um, and there are tons of stores and restaurants that are very close to that spot.
38:08 Um, even if the sidewalks uh don't connect to other sidewalks, they connect with parking lots and cleared areas that pedestrians can maneuver around easier in rather than just walking in the bushes.
38:21 Um, and so much of the reason there is a traffic mess with um this whole Lloyd for You thing uh is because there's no alternatives to driving a car.
38:31 If people who live at these apartments um can walk to places that are close by, the amount of traffic would be reduced.
38:38 Um if Evansville continues to develop places or apartments that have no alternative to driving, it would only add more of a burden to the Lloyd Expressway and um become more and more dangerous to people who don't own a car or choose to not to drive.
38:56 Okay, are there any questions for Patrick?
38:59 Uh Patrick, I just want to let you know that the planning commission is just a recommending body.
39:05 This will go to the Vandenberg County Commissioners, and after this vote, I'll I'll send them uh the recommendation from the Plant Commission, and then at uh one of the commissioners' meetings at their choice, uh, they will uh discuss and take up a vote for the uh for the final vote regarding the sidewalk waiver request.
39:24 So I just just wanted to let you know.
39:27 We're just recommending okay.
39:30 Thank you for uh logging in.
39:32 And then we had another person.
39:35 Did you want to come up to the podium, please?
39:37 Get in the mic and tell us your name and your address.
39:40 Hi, my name's Danielle Martin Jack.
39:42 I live at 120 North Red Bank Road.
39:45 What our property, my husband and I, we own the property that's uh directly north of the development.
39:51 Um, we're here today um to ask for you to deny the petition or the waiver request for sidewalks.
40:00 I want to show some pictures.
40:02 Uh this is just I'm kind of parlaying what Patrick just said.
40:07 I wanted to show you a picture I took last night of a gentleman walking on the road as it's starting to, the sun is starting to set, and where he is.
40:16 The second picture I have is the well-trodden path in front of my house where you can tell people walk all the time in the weeds, and um the front of our property is like uh trees and stuff, and um we try to cut it back because there's so many people that walk from like the apartments to get across the Lloyd, that it concerns me that um we would not put in sidewalks because I believe that we need to start somewhere.
40:51 It's in the it's in the master plan or the comprehensive plan that we want to have sidewalks and we need to start somewhere, so I think we should start with this one uh so I'm gonna pass out the pictures now do we have to hold on to these pictures do you understand that ma'am you're allowed I mean you're willing to just let us have those pictures for the record for the record yeah that's and remind me where where's your home or your parcel?
41:18 We're directly north just north okay got it and did you say your thing about putting sidewalks in because of the path well I'd love to that's my next process okay but I get a grant for that oh I got you okay yeah I think it makes sense to start with whoops no that's not the one okay there's the there's the one yeah thank you oh I see yeah I think it makes sense as we build news if you if you wait to make comments until you're in front of the mic so that we can okay have you on the so I think as we're um you know putting up new construction in the city I agree with everything that Patrick said and um since we have an opportunity to do better I think we should do better so um that's I think the pictures speak for themselves so I have no further comments we are not opposed to this development um we understand that residential buildings like this are needed in the area um but I think this is a direct um threat to public safety because there's so many pedestrians that use use the roadway every day to walk back and forth okay thank you are there any questions or comments um I noticed in these pictures and this is directly out in front there's no sidewalks in front of your house no my house has been there since the forties okay there's so many people that there's so many people that walk in front of my house that there's like a trail yeah um those people are gonna walk right past this new apartment complex yeah but there's no sidewalks in front of your house right so there's no sidewalks for them to connect to right well we have to start somewhere my house has been there since the 40s this is a new structure yes it's part of the code to have the sidewalks but if we're gonna start somewhere I would think I don't see the huge issue personally.
43:55 If the neighbors don't have it how much frontage do you have I'm not sure do you know I can pull it out approximately 300 feet.
44:13 A frontage is in front of them yeah that makes sense yeah okay any other comments or questions for no but I like her thinking I I mean I know that this would be a sidewalk to nowhere but there again I have been through there it is so narrow and so scary um it would be wonderful to have sidewalks on on at least one side of Red Bank Road for the for the folks that live in what is it Lakewood or yeah those apartments there's apartments on both sides further north than you and then like you said you can see the pathway and I've seen people walk in there it scares me to death when I'm driving absolutely okay thank you for being here were there any other remonstrators about this.
45:02 Donnie, you want to come back, please, and do you um should we do the business of the subdivision first and then get okay?
45:13 So is there is there a motion to approve the subdivision?
45:16 Motion to approve second.
45:18 Okay, please call the roll.
45:20 This is the subdivision.
45:38 And so the subdivision itself is approved with seven yes and zero no's.
45:42 And now the discussion on the sidewalk waiver.
45:52 We have a motion and a second.
45:56 Please call the roll.
46:15 Well, on this one, I vote no because I uh support sidewalks out on the major thoroughfares like this and not inside the subdivisions.
46:25 But uh I know that's a distinction, not many make, but so it goes forward to the commissioners regardless with two yes and five no.
46:35 Okay, thank you for being here.
46:40 Next up is docket number MAJ-2026-004 and WAV-2026-010 River Valley 4.
46:52 Proposed River Valley 4 subdivision is a replant of lot three in the River Valley subdivision, which was recorded in September 29th of 2020.
47:02 The lot remains as one lot with the addition of road number one, which is to be extended to the east property line for a future extension.
47:09 This property was rezoned to C4 in 1984.
47:13 The subdivision review committee reviewed this plat on May 18th of 2026.
47:18 The access statement under general notes on the plat reads lot one shall have access to Galaxy Drive and Road 1.
47:25 City Engineer comments are as follows.
47:27 Road plans will need to be filed, and the final drainage plans and drainage report as well as storm pollution plan.
47:39 On May 21 of 2026, the Board of Public Works granted preliminary approval of the drainage plan for River Valley 4.
47:46 Water and sewer services are available and are provided by the Elmansville Water and Sewer Utility.
47:51 Sidewalk waiver request.
47:53 The applicant has requested a partial sidewalk waiver for the subdivision, which will need to be approved by the Area Plan Commission and the Board of Public Works.
48:02 The partial sidewalk waiver request is for sidewalks to be installed along Galaxy Drive and on the south side of road number one and waive for the north side of road number one only.
48:13 Sidewalks are required unless waived.
48:16 City engineers' comments are as follows.
48:18 Sidewalk waiver for the north side of road number one only.
48:22 Sidewalk will be required on the south side and along Galaxy.
48:26 Evansville MPO comments are as follows.
48:29 We support the decision of the City Engineers Office on the waiver.
48:32 Evansville Vandenberg School Corporation comments are as follows.
48:36 EVC has no objection to the waiver.
48:39 Vandenberg County Surveyor's Office and Evansville Water and Sewer Utility as part of the subdivision review committee have no objections to the sidewalk waiver.
48:48 The building commission, also part of the subdivision review committee, voted against the waiver.
48:55 Will everyone who's here to speak for on this these petitions?
48:59 Or again, please raise your right hand.
49:02 You swear to affirm the testimony you'll give is true and accurate.
49:05 So if you got I do.
49:09 So this is uh this is a site.
49:11 If you all know where the Hills Church is, it's it adjoins them directly to the north, uh, kind of out near the the menards, the men are just kind of bottom left corner.
49:20 Uh ultimately, uh the people that own this property and own the big farm field to the right of this property are the same, and there's no good access to that farm field to the right.
49:32 Uh it has frontage over on Colonial Garden Road, but that's not as nice of a road, and there's a large um uh there's a large uh county regulated drain through there, Crawford Brandeis ditch, which has a floodway on it, so getting out to Colonial Garden Road uh would be pretty expensive.
49:52 And so they're seeking uh this one lot subdivision in essence is to create a right of way to get from Galaxy Drive to the large farm field that they own.
50:03 Okay, pretty straightforward.
50:05 Anybody have comments or questions?
49:59 Again, we've got the subdivision then the waiver uh to consider.
50:11 Are there any remonstrators about this?
50:15 Is there a motion to approve the subdivision?
50:17 So I'm sorry, I'm sorry.
50:20 We've got a couple of conditions either, complete the sidewalk waiver statement if the requested partial waiver is approved and provide documentation from center point regarding the crossing of the 100 foot SIG and E co transmission line easement.
50:35 Are you good with the both of those?
50:38 So with that, uh those two conditions.
50:41 Uh this is approved for just for the center.
50:44 That's the subject.
50:45 Yeah, that's why those conditions are there.
50:47 We have to approve.
50:50 So please call the roll.
51:04 And I vote yes and show that the subdivision is approved with seven yes and zero no's.
51:10 And now the sidewalk waiver.
51:13 I just want everybody to understand that sidewalk waiver is a little different in the city.
51:17 Uh we are a voting body, and so is the Board of Public Works.
51:22 So if either body votes no, then the subdivision waiver is not approved.
51:28 So I just want everybody to understand that.
51:30 So sidewalk waiver.
51:33 So uh I just to clear up.
51:37 If we're voting for this, is it just for the River Valley forward side and and not for the other two sides?
51:45 So the request is is that they would install sidewalks along Galaxy Drive, their frontage, and then along the south side of that roadway extension.
51:56 So the waiver is just for the backside.
51:58 So the waivers for the on the north proper along the north property line, correct?
52:02 And I'll say the reason we're seeking that waiver is because the right-of-way is directly against the property line.
52:10 And so there's no typically the whoever buys the lot builds a sidewalk.
52:16 Well, there's no lot on the other side of the road to build the sidewalk.
52:20 It would have to be the senior living folks, and they're not a part of this project.
52:26 Is there a motion to approve the waiver?
52:29 Please call the roll.
52:46 I vote yes and show that the sidewalk waiver is recommended for approval with seven yes and zero no's.
52:54 Thanks, everybody appreciate it.
52:55 Jim, I'll send that over to the uh BPW.
52:58 So they'll just put it on their agenda whenever.
53:01 And so I've not done one in the city in a long time.
53:04 Do I need to go to that BPW?
53:06 It's up to you if you want to represent it or not.
53:08 So so then if I come here all the time in 31 years, I've been to two BPW meetings.
53:16 Bring your pretty pictures and I'm sure it would be.
53:18 Color pictures win.
53:20 That's all I'm saying.
53:21 I saw Joe passed out some pictures.
53:23 You should see photos.
53:26 Alright, any other business before us?
53:30 Thank you everybody for playing along.
53:32 And Stacey will get her seat back right when she gets back.
53:35 The record will reflect that it's 343.
53:41 Our staff is a little long-winded, and I'm not talking about Senator Joel.
53:54 Thank you, everybody.
53:56 Pretty color pictures.
54:03 I'll be like a copy from it.
54:04 I mean, I hate that she printed so many.
54:07 She should have found one, but it might be said.
54:11 That's actually that it's what that would.
54:16 It prints a it'll print that one.
54:19 It'll do it'll do it'll do as better as good or better scary.