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Area Planning Commission approves rezoning at 109 East 40th Drive for proposed Raising Cane restaurant

February 05, 2026 | Vigo County, Indiana


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Area Planning Commission approves rezoning at 109 East 40th Drive for proposed Raising Cane restaurant
The Area Planning Commission voted to rezone 109 East 40th Drive in Terre Haute from R-1 single-family residential to C-6 Highway Commercial and approved an accompanying subdivision that will create a commercial lot for a proposed Raising Cane restaurant.

Staff told commissioners the parcel, owned by Dorset LLC, sits amid predominantly commercial zoning along South U.S. Highway 41 and that surrounding infrastructure has capacity to support the proposed restaurant. The recommendation included conditions: required buffering where commercial property abuts remaining R-1 lots, an INDOT review and approval for any Highway 41 access changes, and fire-department approval for hydrant placement on the east side of the highway.

Eddie Felling, representing Warren Commercial Real Estate and speaking for the petitioner, described the site as "the old Dorset Automotive building" and said the project will carve about a third of the parcel on the southern side for the restaurant while adding a small sliver of R-1 land to accommodate a retention pond. "There won't be any commercial activity actually happening in that area," he said of the retention area, which is part of the required drainage plan.

Staff also noted the subdivision may be approved independently of the rezoning but that the plat must be recorded within 90 days and meet conditions such as drainage and erosion-control plans and bonding if infrastructure is required. The Honey Creek Fire Department requested that a hydrant be installed near the approximate address of 4180 on the east side of the highway.

A motion to approve both the rezoning and the subdivision was made and seconded; commissioners voted in favor and the motion passed. The commission did not record individual vote tallies on the record.

Next steps include securing INDOT approval for any changes to Highway 41 access, final site-plan review to demonstrate compliance with applicable ordinances, completion of required drainage and erosion-control documentation, and recording the plat within the 90-day period required by staff recommendations.

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