Developer Withdraws Crystal Lake Rezoning Petition

July 28, 2016 at 4:25 p.m.

By TERESA SMITH, Times-Union Staff Writer-

True to his word, Alan Collins withdrew his petition Monday to rezone about 40 acres along Crystal Lake Road from R-2 to R-3, when the neighbors remonstrated and a poll of Warsaw Plan Commissioners indicated they viewed the petition unfavorably.

Collins, of Construction Management Design, approached the board Monday evening requesting a map amendment to the zoning ordinance. He described plans for a well-maintained senior citizen mobile home park along Crystal Lake Road, west of Ind. 25, complete with a wildlife refuge.

First, however, he said, "If we meet opposition from this committee or the neighborhood, we won't put a mobile home park in this location."

Opposition, he met.

Remonstrating against the plan were Jerry Nelson, Kim and Cindy Cox, Mrs. Royce Cox, Roxanne Wildman, Corey and Andy Shepherd and Bill Goshert.

The commissioners were charged with adhering to the comprehensive plan; considering the current conditions and the character of current structures and uses in the district; looking at the most desirable use for the land; conservation of property values and responsible development and growth.

As attorney Rick Helm pointed out while representing Nelson, the area comprises single-family homes and agricultural land, with the exception of the Sprint warehouse to the north.

Calling Collins' presentation a "sales pitch," the lawyer said the R-3 designation is for high-density development and, once rezoned, anything could be developed there. He also was concerned about a landlord who wouldn't be as conscientious as Collins.

Kim and Cindy Cox own 217 acres adjacent to the property. Cindy Cox said drainage is a problem in some areas and a mobile home park nearby wouldn't help with drainage.

She also talked about the lifetimes and traditions the family had built on the land, going back six generations.

"There is 200 years of labor, sweat, taxes and family there," she said emotionally. "It's our responsibility to keep the land in the family as we promised we would."

Wildman also expressed concern about drainage and came right to the point about a wildlife refuge.

"A wildlife refuge is what we have now - deer, turkey and fox - we see them every day," she said.

When the item was closed to public comment and plan commission president Joe Thallemer began canvassing the members, it soon became apparent they were against the petition.

Collins withdrew his request before a motion could be made. He reminded the audience the current zoning on the property allows for all manner of development, including multifamily high-density housing.

"Please understand that," he said.

In other business, the board:

• Approved a final plat for Silver Fox Ridge's second addition.

• Approved a two-lot subdivision as requested by Mike Loher in the Welborn addition.

nGave a favorable recommendation to a request by J&D Enterprises/George and Don Clemens to vacate Taft Street between Jefferson and Hendricks streets. The request will go before the city council Dec. 2.

Plan commissioners are Joe Thallemer, Jeff Grose, Dewey Lawshe, Richard Keeven and Alan Clingan. Jim Gast was absent. [[In-content Ad]]

True to his word, Alan Collins withdrew his petition Monday to rezone about 40 acres along Crystal Lake Road from R-2 to R-3, when the neighbors remonstrated and a poll of Warsaw Plan Commissioners indicated they viewed the petition unfavorably.

Collins, of Construction Management Design, approached the board Monday evening requesting a map amendment to the zoning ordinance. He described plans for a well-maintained senior citizen mobile home park along Crystal Lake Road, west of Ind. 25, complete with a wildlife refuge.

First, however, he said, "If we meet opposition from this committee or the neighborhood, we won't put a mobile home park in this location."

Opposition, he met.

Remonstrating against the plan were Jerry Nelson, Kim and Cindy Cox, Mrs. Royce Cox, Roxanne Wildman, Corey and Andy Shepherd and Bill Goshert.

The commissioners were charged with adhering to the comprehensive plan; considering the current conditions and the character of current structures and uses in the district; looking at the most desirable use for the land; conservation of property values and responsible development and growth.

As attorney Rick Helm pointed out while representing Nelson, the area comprises single-family homes and agricultural land, with the exception of the Sprint warehouse to the north.

Calling Collins' presentation a "sales pitch," the lawyer said the R-3 designation is for high-density development and, once rezoned, anything could be developed there. He also was concerned about a landlord who wouldn't be as conscientious as Collins.

Kim and Cindy Cox own 217 acres adjacent to the property. Cindy Cox said drainage is a problem in some areas and a mobile home park nearby wouldn't help with drainage.

She also talked about the lifetimes and traditions the family had built on the land, going back six generations.

"There is 200 years of labor, sweat, taxes and family there," she said emotionally. "It's our responsibility to keep the land in the family as we promised we would."

Wildman also expressed concern about drainage and came right to the point about a wildlife refuge.

"A wildlife refuge is what we have now - deer, turkey and fox - we see them every day," she said.

When the item was closed to public comment and plan commission president Joe Thallemer began canvassing the members, it soon became apparent they were against the petition.

Collins withdrew his request before a motion could be made. He reminded the audience the current zoning on the property allows for all manner of development, including multifamily high-density housing.

"Please understand that," he said.

In other business, the board:

• Approved a final plat for Silver Fox Ridge's second addition.

• Approved a two-lot subdivision as requested by Mike Loher in the Welborn addition.

nGave a favorable recommendation to a request by J&D Enterprises/George and Don Clemens to vacate Taft Street between Jefferson and Hendricks streets. The request will go before the city council Dec. 2.

Plan commissioners are Joe Thallemer, Jeff Grose, Dewey Lawshe, Richard Keeven and Alan Clingan. Jim Gast was absent. [[In-content Ad]]

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