Published: November 24, 2009 10:22 pm      

NO-GO FOR APARTMENT COMPLEX: Commissioners deny bid for rezoning land off of Old State Road 60

Neighbors cite traffic and ‘subsidized housing’ in fight against 58 units

Citing traffic concerns and worries over the type of neighbors the construction of proposed apartment complex would bring, the message to Clark County Commissioners from residents along Old State Road 60 was clear: “Not in our neighborhood.”

Heeding the residents’ concerns, the commissioners on Tuesday denied an effort, 2-0, to rezone a portion of property along Old State Road 60 from agricultural — A1— to multi-family residential — R3 — in order to construct the 58-unit apartment complex.

Commissioners Ed Meyer and Mike Moore voted against the zoning change, with Commissioner Les Young abstaining.

The commissioners received the rezoning request with a neutral recommendation from the Clark Clark County Planning, Zoning and Building Commission which heard the issue last Wednesday.

The property in question is 6.7 acres on which Herman & Kittle Properties would build and operate the two-story building, consisting of one, two and three-bedroom apartments.

A major cause for concern among many nearby residents was the likely increase in traffic an estimated 175 new residents would bring to the road.

“I don’t think we have enough space [and] I don’t think we can afford to rebuild that road,” said attorney Jack Vissing who was representing residents opposing the development.

“Just because other foolish zoning decisions have been made on county roads by putting higher density than there ought to be, its no reason to be stupid again.”

To dispel the notion traffic would be overwhelming, attorney Alan Applegate, representing Herman & Kittle, cited a letter from Michael Gillenwater, attorney for the West Clark County Schools Corporation.

County Commissioner’s attorney Greg Fifer recused himself from offering legal advice during this portion of the preceding because Applegate is a partner with Fifer in their law firm.

The site was formerly discussed as a possible location for a new school.

“It was deemed adequate in all respects including, but not limited to, traffic access via Old [State Route] 60,” Applegate said, reading Gillenwater’s letter.

Applegate added that the rezoning of the land would be in keeping with the development of the area and consistent with the county’s plan for future land use.

“New residential development should be located in areas surrounding Charlestown, Clarksville, Jeffersonville, Sellersburg and Utica in the form of urban residential uses,” Applegate said citing the county plan. “Vacant land along State Road 60, surrounding Sellersburg ... are prime locations for future urban residential development. Residential development in this area should include single-family residential units of varying sizes including ... multi-family units such as duplexes, fourplexes and apartments.”

But development of apartments and increased traffic were not the only concerns voiced at the meeting.

Another complaint arose from Herman & Kittle’s proposed range of rent for the apartments.

For a one-bedroom apartment the price per month ranged from $200 to $550; for a two-bedroom $250 to $670; and for a three-bedroom $275 to $750.

“A lot of questions that I had asked of me ... is [residents] are worried about once these houses or these apartments are built ... what guarantee do we have that this big conglomeration from out-of-town will upkeep these apartments; and will keep the right kind of people in these apartments that would blend in with the older people and the neighbors out there?” Young asked.

The rent ranged so greatly, and was so inexpensive on the low end because Herman & Kittle was seeking federal housing tax credits to locate residents in the proposed apartments.

“They are not calling themselves subsidized housing, but that’s kind of what we think of them,” Vissing said.

Local duplex owners, Engle-Beyl Developers, were also frustrated the commissioners were considering rezoning the area to R3.

“We came before the zoning board in 2000, and asked for an R3 and were turned down,” said Roxanne Beyl.

She also said Engle-Beyl made another request to rezone the area, as well as an attempt made by Allen Schuler Builders, who was denied in 2006.

“Our apartments are quality-built, hands-on, owner-managed, they are 1,200-square-feet duplexes,” Beyl said. “We are really insulted that we have been compared to apartments offering, 500, 600 [and] 700-square-foot apartments. Five-hundred-square-feet sounds to me ... like low-income subsidized housing and that’s exactly what they are, in my opinion, and that is totally out of character with the residents that live there, including our apartments.”

“It’s very difficult to understand why an out-of-town developer ... would get preferential treatment,” Beyl said.



In other business:

• The commissioners unanimously approved a request to rezone about 100 acres adjacent to the Clark-Floyd Landfill, paving the way for the expansion of the operation at its existing site.

Resolution 11-2009 received a favorable recommendation by the Planning, Zoning and Building Commission last week.

The resolution rezones the property in question from agricultural to heavy industrial.

• Joe Olson, agent of record for county employee benefits presented the commissioners with a Medicare advantage plan for county retirees over the age of 65.

About 20 of the 27 retirees who meet the requirements expressed an interest in purchasing the plan, which Olson said he believes will eventually be a cost savings for the county.

The Medicare plan will likely be presented for approval at a February commissioners meeting.

• The commissioners approved installing stop signs, to create a three-way stop, at Salem-Noble and High Jackson roads.

Installation of the stop signs was a result of a petition received by the county commissioners by about 30 local residents.



SO YOU KNOW

The next regularly scheduled meeting for the County Commissioners will be at 4 p.m. Dec. 10.

However, the commissioners will hold a special meeting regarding the incorporation effort of the Covered Bridge subdivision at 7 p.m. Dec. 9.