Area Plan Commission Meeting - September 3, 2026
Area Plan Commission Meeting - September 3, 2026
The Area Plan Commission (APC) met on Thursday, September 3, 2026, at 3:25 PM in the Civic Center Complex to consider several rezoning petitions, subdivision plats, sidewalk waivers, and ordinances. Key decisions included recommending approval of a controversial rezoning at 2713 Jeanette Ave (5-3), unanimous approval of a Franklin Street rezone, unanimous denial of a Walmart neighborhood market and gas station proposal on Millersburg Road, and approval of a data center permit deferral ordinance. The meeting included extended public testimony and a birthday recognition.
Public Comments & Testimony
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Re: 2713 Jeanette Ave (REZ-2026-003):
- Right Jarbo (822 East Powell): Expressed concerns about increased traffic on the alley and potential damage to old sewer lines from repeated heavy traffic.
- Stephanie Gibson (831 East Powell Avenue, past president of neighborhood association): Argued the property owner shows disrespect for the historically designated area, noted the third unit was built without permits, and stated the neighborhood is not zoned for that density.
- Petitioner's representative (Mr. Lehman): Responded that the third unit is currently vacant and not a violation, that all parking will be on-site (4 stalls), and that the site will go through building commission review to ensure code compliance. He stressed the need for housing units in the city.
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Re: 2453-2457 W. Franklin St (REZ-2026-025):
- Petitioner Constance Nord: Stated the properties have been used as duplexes since 1975 and 1989, and the rezoning to R2 is to bring them into compliance for sale.
- No remonstrators present.
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Re: 4605 Millersburg Rd & adjacent (REZ-2026-026 – Walmart Neighborhood Market):
- Stephen Burgess (4760 Millersburg Rd): Read a list of quality-of-life and property value impacts, including light pollution, noise, traffic, and issues with VA/FHA loans for homes directly across from gas stations. He asked commissioners how they would feel if it were in front of their homes.
- Mike Cogswell (4571 Surrey Way): Raised safety concerns for children using the new walkway/bike path across Green River Road, requested a full traffic study before approval, and noted church traffic congestion.
- David Devine (4584 Millersburg Rd): Argued the area is residential and agricultural by design, cited already congested roads, and noted existing commercial options like a nearby Dollar General. He opposed converting ag land to intensive commercial use.
- Bill Heilman (4523 Millersburg Rd): Lives next to the site; expressed concerns about dumping, drainage, and floodplain issues. He noted his Parkinson's disease and that the property has been in his family for over 100 years. He requested denial.
- William Hasty (5235 Millersburg Rd): Moved to the area for rural living; cited increased light pollution from recent developments, and worried about stormwater runoff, sewer infrastructure, and the loss of night sky.
- Michael Rust (7345 Shea Drive): Representing Hunter Chase Estates (104 units); stated it is already difficult to exit onto Green River Road due to speeding traffic; opposed the development.
- Julianne Paulie (4125 Norwich Place): Emphasized the pedestrian safety impact on the new trail/walkway.
- Thomas Rutger (4646 Millersburg Rd): Noted the public notice was not visible from the road and mail notice arrived late. He referenced the comprehensive plan's recommendation to locate commercial near I-69, not on Green River Rd.
- Brian Kessler (4708 Millersburg Rd): Worried about precedent setting, potential for further commercial rezoning, traffic lights, and pedestrian safety.
- Marie Hunton: Lives diagonally from the site; described past severe flooding, children's bus stop safety, and already dangerous traffic conditions on Sundays.
- Pamela (could not hear last name) (8507 ???): Pointed out Pigeon Creek flooding and runoff concerns, and danger to children who play in the area.
- Ken Colbert (4512 North First Avenue): Asked what tax incentives or abatements were offered to Walmart for this inappropriate location. (Walmart attorney later confirmed no incentives requested.)
- Written remonstrances (read into record by staff): 19 individuals or couples opposed, including Matt Brown, Amy Melchers, Rudy Nodich, Edward Chittenden, Carrie Kashmir, Brad Gelhausen, Samantha Braun, Amanda Mason, Aaron Brown, Thomas Rettger, Linda Goodson, Brian Kessler, Kent Barnard, David Kapler, Kelly Kremlin, Joshua Brewer, Dustin Dyscher, Matthew & Cheryl Schaeffer, Carla Barning Kapler, Laura Evans, and Lori Gelhausen.
- Petitioner's attorney Misha Rabinowich: Emphasized that the proposed Walmart Neighborhood Market (not a supercenter) would bring a $25–$30 million investment, 100 permanent jobs at $19/hour or more, and potential donation of the southern 14 acres as green space. He noted the UDC limits uses to a grocery store and fueling station, and offered to amend the UDC to add landscaping commitments and to implement traffic study recommendations. He argued the development is compatible.
Discussion Items
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Continued Rezone – 2713 Jeanette Ave (REZ-2026-003): Petitioner Ronald Strahl sought to rezone from R-1 to M-2 with UDC. Commissioner discussion noted the third unit was built without permits, but the representative claimed it was pre-existing. The applicant argued the third unit is vacant and will be brought into compliance. Commissioner Philip expressed discomfort with illegal construction. Motion to approve passed 5-3 (Nix, Philip, Stevens voted no; Freeman abstained). The recommendation moved to City Council.
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Rezone – 2453-2457 W. Franklin St (REZ-2026-025): Unanimous approval (8-0) to rezone from C-1 to R-2 to legalize existing duplexes. Commissioners noted the properties have been duplexes for decades and the rezoning brings them into conformance.
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Rezone – 4605 Millersburg Rd & adjacent (REZ-2026-026): Extensive debate. Commissioner Pedtke opposed, citing decades of private and public investment in the residential/agricultural character of the area (subdivisions, sports park, walkway). He argued the intensity of the Walmart proposal would disrupt existing land use. Commissioner Walters noted other C-4 sites exist on Green River Road and questioned why this site was chosen. Commissioner Stevens said she was not opposed to something else there but not this. Commissioner Green normally supports revenue-generating projects but felt the location was inappropriate. Commissioner Hooper stated they should listen to the suburban neighborhood. Motion to approve (by Walters) and second resulted in unanimous denial (8-0). The recommendation for denial goes to the County Commissioners (meeting September 29, 2026, at 9:30 AM).
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Subdivisions & Sidewalk Waivers:
- MAJ-2023-004 Milestone: One-year extension to complete basic improvements. Approved unanimously (8-0).
- MAJ-2026-008 & WAV-2026-019 Creekside West: Replat to remove non-buildable lot language; conditions added for access restrictions and sidewalk waiver statement. Primary plat approved unanimously (8-0). Sidewalk waiver approved unanimously (8-0) for recommendation to County Commissioners.
- WAV-2026-023 Harp-Bob Evans: Sidewalk waiver for a subdivision at 1125 N Green River Rd. Denied 8-0 after discussion. Commissioners noted the need for sidewalk connectivity along Green River Road, consistent with other recent plats. The denial is final.
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Ordinance – Data Center Permit Deferral: Approved unanimously (8-0) as a recommendation to City Council. The ordinance establishes a 180-day deferral period for data center permits, starting upon city council approval, to allow evaluation of impacts.
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Ordinance – County Parking Ordinance (CO.05-26-011): The APC had previously recommended approval; the County Commissioners rejected it. The APC then voted 8-0 to accept the rejection. A revised ordinance will be drafted and brought back in October for a new vote.
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2027 Application Deadline & Meeting Schedule: Approved unanimously (8-0).
Key Outcomes
- Rezoning 2713 Jeanette Ave (REZ-2026-003): Approved 5-3, recommended to City Council.
- Rezoning 2453-2457 W. Franklin St (REZ-2026-025): Approved 8-0, recommended to City Council.
- Rezoning 4605 Millersburg Rd (REZ-2026-026): Denied 8-0, recommended to County Commissioners (meeting Sept 29, 2026 at 9:30 AM).
- Subdivision extension (Milestone): Approved.
- Creekside West replat and sidewalk waiver: Approved.
- Harp-Bob Evans sidewalk waiver: Denied; sidewalk required.
- Data Center Permit Deferral Ordinance: Approved as recommendation to City Council.
- County Parking Ordinance: APC accepted the rejection; new version to be brought in October.
- 2027 Schedule: Approved.
- Next meeting: October 1, 2026.
Meeting Transcript
Say thank you. Thank you. Did you have were you remonstrated? Did you have your hand up? Yeah, come on up. Please state your name and address for the record. Hi. Right Jarbo, 822 East Powell. One of I think it kind of ties in with what you had asked also. Our cities being on the older sewer plan, our section of the city. Using that alley where primarily our sewers go through. I think that increased traffic may, and it's entirely possible that that section of alley is not on running sewer, but I do have concerns, and people in the neighborhood had concerns about the increased traffic on the alley. I know four cars when we have dump trucks going through, it doesn't seem to matter much, but once you get that repeated traffic going over those old sewers, it is a concern for some of the citizens in the neighborhood. Thank you, Mr. Jarbo. Any questions for Mr. Jarbo? Okay, were there any other remonstrators? Oh, come on up. State your name and address for the record. And I know you'll add something that we haven't already heard. Yeah. Good afternoon, Stephanie Gibson, 831 East Powell Avenue, Evansville, past president of the neighborhood association. My concern is that this property owner does not seem to be concerned or respectful of the fact that we're a historically designated area. And while this is on the rear of the area, it is still within the area. The commercial property that's there was there before the designation, and it's not necessarily compromising any of the things with the historical neighborhood. However, the flagrancy of not doing anything up to code just sort of spits in the face of everything we do as far as maintaining historical documentation that things in this neighborhood try to stay a status quo as is possible. We're not as finite as First Avenue, and for that reason we can have siding on our homes and those other things that regular working people can afford. So I would just like to put that into perspective that yes, there are people who need homes. But the reality of it is that neighborhood is not zoned for that many people as he would like to put in. Yes, the city did build homes farther down the block. We had no knowledge ahead of time, or you can bet we'd have been down here. So I would just like to put another little feather in the cap of all those things that are not pleasing. Okay, thank you so much. All right, any questions? Okay. Any other remonstrators? Okay, Mr. Lehman, if you want to give your summation. So in response uh to the um this owner has owned the property for I believe almost two years. Uh the current property manager um took the property over, I believe it I believe you said the end of May of last year of uh 2025. So we are in the process of they're not currently violating um any city uh any city code right now. Like I said, the basement, the third unit is not being occupied. So just because there's a unit there doesn't mean that's a violation. Um they are in the process of trying to go through and get all of this stuff taken care of uh to make it legal to make it compliant, which is why I'm here. Um the site will be uh improved throughout this this process. Um and regarding the on-street parking, I drive a 22-foot super duty, and the two times that I've been by the property, I've was able to pull up right in front of the house with no issues whatsoever. I'm not saying that there's always open spots on the street. I'm just saying uh one was about 8 30 at night and the other one was about four in the afternoon. Um I didn't have any issues parking myself.
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