VINCENNES — The Knox County Board of Zoning Appeals (BZA) denied a conditional use petition for a proposed Dollar General just outside of Bruceville town limits at the board meeting Dec. 17.
Dave Peters of Chamlin & Associates, an engineering and planning firm, was the only representative to present the petition to the board, proposing a 70-foot by 130-foot building with 36 off-street parking spaces.
The proposed site was planned to be located on the southeast corner of the intersection of State Roads 67 and 550, on what is currently an agricultural field and directly across the highway from a residence.
Colt Michaels, executive director of Knox County Area Planning Commission, said that the property for the proposed store is zoned I-1, light industrial district, which means retail services such as the Dollar General would be considered a conditional use in the I-1 district. To be approved as a conditional use, the petitioned needed approval from the BZA during a public hearing.
“The zoning would not be changed under this process, but a zoning change could be an alternate, but generally more difficult, route for approval. Therefore, there was no ordinance to be passed in this case, and the BZA had complete discretion to approve or deny,” Michaels said.
Michaels shared background information, explaining that each zoning district has a list of permitted uses that are allowed by right in each district. He said similarly, there are also conditional uses in each district that are not allowed by right, but “may be allowed if it is determined by the BZA that the particular use is appropriate for that location.”
Michaels added that any conditional use proposal is considered on a case-by-case basis, “as the location or design of each development can impact the neighboring properties differently.”
With the BZA hearing the petition that Tuesday night, Michaels said an estimated 15 to 20 residents of Bruceville were present for the hearing and owners with adjoining property were notified of the hearing via mail and a legal notice in the newspaper for the general public.
“As soon as the floor was open to public comment, it was clear the residents present had concerns about traffic safety due to the specific location proposed,” Michaels said. “Only five members of the public spoke, but it was clear the crowd generally opposed the proposed location of the store. No one besides the presenter spoke in favor. It was made clear by those who spoke that they were not opposed to having a Dollar General in Bruceville, they were simply adamant that the location was not appropriate.”
The primary concern mentioned during the evening was the intersection of State Roads 67 and 550 doesn’t have a four-way stop light, but only a caution light for traffic on State Road 67 and a stop light for traffic on State Road 550. Michaels said the public was concerned that children would be crossing the highway to get to the store, and that someone would inevitably get hit by a vehicle.
It was also noted that vehicles, coal trucks and semi-trucks mentioned in particular, often speed through the intersection and there is no sidewalk on that side of State Road 67. The board members agreed with all of those concerns and felt another location, preferably on the opposite end of State Road 67 would be more appropriate.
In order to approve a conditional use, Michaels said the BZA members must “make findings of fact to justify their decision.”
Those findings generally consist of three basic statements with supporting details such as; the Knox County Zoning Ordinance explicitly allows this type of use in the propose zoning district as a conditional use; the development standards of the zoning district were all met; and the use is “consistent with the spirit, purpose and intent of the zoning regulations, and will not substantially injure the use of neighboring property, and will serve the public health, safety and general welfare of the public.”
Michaels said that the first two findings were “easily met,” however the BZA board didn’t feel the petition could be justified for the third finding due to the location creating a traffic safety hazard to the public.
The board voted unanimously with a 4-0 vote to deny the petition, with one BZA member absent.
Michaels shared that the petitioner may submit a new application if a different location is proposed, and dependent on the zoning of that new location, the procedure may require another conditional use approval or a zoning change.
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