Vigo County body approves rezoning for 109 East 40th Drive to allow restaurant
February 10, 2026 | Vigo County, Indiana
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A Vigo County meeting approved a rezoning request for 109 East 40th Drive, allowing Dorsett, LLC to change the property from R-1 single-family residential to C-6 Highway Commercial to accommodate a restaurant. The Area Planning Commission had forwarded a favorable recommendation and no remonstrators spoke at the meeting.
Speaker 2 summarized the petition, saying the lot is about 460 feet east of the intersection of U.S. Highway 41 and East 40th Drive and that the applicant included an accompanying subdivision that had been approved. Speaker 2 said a site plan was submitted and appeared to be in conformance and that buffering will be required where commercial uses adjoin residential properties.
Speaker 1 described a recent meeting with NDOT staff—identified in the transcript as Bill Smith, Debbie Calder and Tim Watson—regarding access to Highway 41. "They're giving Brian a little bit of a hard time on his entrance right there," Speaker 1 said, adding that a left-turn-only entrance, similar to existing access in front of a nearby Chick-fil-A, had been proposed as a likely permitted solution. Speaker 1 also raised concerns about East 40th Drive's condition and width: "It's only about 12 feet wide. It's not suitable for any type of traffic going east or west in my opinion," and said the Dorsett family might need to provide about 10 feet on the north side of the property to create a road capable of handling more traffic.
The meeting record shows a motion to approve the rezoning was made and seconded, followed by two recorded "Aye" voice votes and approval. The transcript did not record individual member names for the vote. The record also notes that no remonstrators were present.
The decision allows the property owner to pursue commercial uses consistent with C-6 zoning; any alterations for ingress and egress affecting U.S. Highway 41 will require agency approval and the applicant must satisfy buffering and site-plan requirements before development proceeds.
Speaker 2 summarized the petition, saying the lot is about 460 feet east of the intersection of U.S. Highway 41 and East 40th Drive and that the applicant included an accompanying subdivision that had been approved. Speaker 2 said a site plan was submitted and appeared to be in conformance and that buffering will be required where commercial uses adjoin residential properties.
Speaker 1 described a recent meeting with NDOT staff—identified in the transcript as Bill Smith, Debbie Calder and Tim Watson—regarding access to Highway 41. "They're giving Brian a little bit of a hard time on his entrance right there," Speaker 1 said, adding that a left-turn-only entrance, similar to existing access in front of a nearby Chick-fil-A, had been proposed as a likely permitted solution. Speaker 1 also raised concerns about East 40th Drive's condition and width: "It's only about 12 feet wide. It's not suitable for any type of traffic going east or west in my opinion," and said the Dorsett family might need to provide about 10 feet on the north side of the property to create a road capable of handling more traffic.
The meeting record shows a motion to approve the rezoning was made and seconded, followed by two recorded "Aye" voice votes and approval. The transcript did not record individual member names for the vote. The record also notes that no remonstrators were present.
The decision allows the property owner to pursue commercial uses consistent with C-6 zoning; any alterations for ingress and egress affecting U.S. Highway 41 will require agency approval and the applicant must satisfy buffering and site-plan requirements before development proceeds.
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