The Vanderburgh County Commission has voted “no” on the proposed airport overlay zone which would have placed restrictions on private properties surrounding the Evansville Regional Airport.
More than 11,000 properties are included, with 8,226 parcels in the unincorporated county, and 3,178 in the city, according to the County Commission.
The stated point of an overlay zone is to protect the future of the airport’s growth and the safety of airline staff and passengers and property owners on the ground.
But the commission and nearby landowners had too many concerns. Commissioner Cheryl Musgrave read a prepared statement.
“There is a lack of clear relationships between these provisions and the safety of aircraft and people on the ground. It lacks due process to adjudicate its provisions. The ordinance appears to give the airport authority the right to inspect without the permission of the property owner,” she said. “Unless we are suspending the state and federal constitutions, this provision is unacceptable.”
The discussion, including her entire statement, can be heard below
The commission voted this ordinance down due to possible negative effects for homeowners.
“This provision prohibits the reconstruction of damaged or destroyed property and leaves the underlying land worthless,” said Musgrave, referring to specific points in Section C of the draft ordinance.
“The airport authorities executive director has agreed that a future revised ordinance is desirable,” said Musgrave. “In effect, the airport wishes to withdraw the proposed ordinance.”
Commissioners Justin Elpers and Ben Shoulders agreed with Musgrave. “For now I say we go ‘back to the drawing board’ is my two cents and I would vote ‘no,’” Shoulders said.
There were two public comments, concerning the impact on business properties and the overlooked effect of new drainage ponds creating hazards for airplanes by attracting geese to the area.
Marty Blake with the Indiana Department of Transportation (INDOT) aviation office supports a locally-tailored ordinance.
“Whether or not that works for your community, the way it is drafted is really up to you all to work with and kind of get there,” he said. “We're just really supportive of having something in place. Because, you know, FAA has got regulations and guidance that apply to 5,002 airports, and it is a very high level blanket …”
The next step is for the Plan Commission to re-approve the ordinance or agree with the commission and vote it down and start then over. If they do nothing for 45 days, the measure stands, said Plan Commission Attorney Dirck Stahl.
He said most parties would like to see the ordinance re-done.
“So the only way to really do it is to have it die,” he said, meaning the current ordinance cannot be amended to suit these expressed concerns. “And then we'll we'll bring back another proposal that hopefully will address all the concerns, you know, to the greatest degree possible.”
This would mean scheduling lots of meetings with stakeholders to clear up those requirements while also not needlessly hindering residential or business activities.
Currently Evansville Regional Airport is the only commercial airport without an overlay zone which is strongly recommended by the state and the FAA.
The ordinance which would have created this overlay zone was approved by the Area Plan Commission on June first.
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