Developer's Request Bounces Around County

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

By DAVID SLONE, Times-Union Staff Writer-

Indiana Housing and Development LLP's quest to rezone property east of Chapman Lake Drive is beginning to look like a ping pong match.

Their petition to rezone ground from an agricultural to a residential district was again rejected Wednesday by the Kosciusko County Area Plan Commission.

The APC voted 6 to 0 not to recommend the petition for approval by the county commissioners.

IHD first presented their petition to the APC March 3. The board voted 7 to 0 against the petition.

On March 16, the commissioners, after hearing arguments for both sides, voted 2 to 1 to send the request back to the APC because commissioners Brad Jackson and Avis Gunter said it was too similar to another petition that was approved by the plan commission.

The other petition, by Robert Barth Jr., sought to rezone 69 acres in Plain Township from an agricultural to a residential district. Barth wants to develop the area into a restricted subdivision that would eventually comprise 98 lots.

Like IHD's petition, Barth's petition drew heavy remonstrance. The commissioners approved Barth's petition by a 2 to 1 vote.

The property IHD wants to rezone is on the south side of CR 400N and east of Chapman Lake Drive in Plain Township.

IHD wants to create 47 lots with homes on the property with a price on each home at about $100,000 to $140,000. Average size would be about 1,500 square feet and it would be a developer- controlled subdivision.

Remonstrators were opposed to the development for 11 reasons: the area is used as agricultural land; rezoning sets a precedent that's hard to stop; there is a question of who would pay for the EMS needed with new growth; drainage problems; Deeds Creek run-off; liability due to overcrowding conditions; traffic problems for Chapman Lake Drive; overcrowding in the school district; current property owners' rights; too many lots in the area; and consistency of property use.

Wednesday, the APC did not open discussion to the public on IHD's petition. Instead, they held only board discussion.

APC President Vic Virgil said the reason the discussion was not open for public discussion was because "I think we're all familiar with this case except the two (new) members at the end. They've been brought up to speed on this case." He said they heard the meeting on tape and read the minutes.

The new members are Barbara Carwile and Hal Strong.

He said, "I don't like comparing this to Barth because I think we need to take each one on a case-by-case basis."

Virgil also said Barth's petition and IHD's petition were not similar because the property IHD wants to develop has problems with drainage, soil and traffic.

Strong said he was opposed to IHD's petition because traffic would definitely be a problem.

Carwile said, "It looks like, to me, they're pretty far out there from the fire and the EMS." She said it would be dangerous to build so many new homes in an area without quick access to emergency services.

Bob Weaver of the Kosciusko County Health Department told the board that as far as permits regarding septic systems, his department bases everything on a lot-by-lot basis. They do soil borings on each lot.

APC member Kelly Easterday cited drainage problems on the property, and she and county surveyor and APC member Richard Kemper both voted against the petition.

The ball will be in the commissioners' court again April 27 at 10 a.m.

In other business, APC approved seven petitions and continued one case until June.

A petition by Casey's General Store was voted to be sent to the Syracuse Town Board without a recommendation.

The petition asked to rezone ground from a residential to a commercial district. The property is on the west side of Ind. 19 and north of CR 500S in Franklin Township, Syracuse. [[In-content Ad]]

Indiana Housing and Development LLP's quest to rezone property east of Chapman Lake Drive is beginning to look like a ping pong match.

Their petition to rezone ground from an agricultural to a residential district was again rejected Wednesday by the Kosciusko County Area Plan Commission.

The APC voted 6 to 0 not to recommend the petition for approval by the county commissioners.

IHD first presented their petition to the APC March 3. The board voted 7 to 0 against the petition.

On March 16, the commissioners, after hearing arguments for both sides, voted 2 to 1 to send the request back to the APC because commissioners Brad Jackson and Avis Gunter said it was too similar to another petition that was approved by the plan commission.

The other petition, by Robert Barth Jr., sought to rezone 69 acres in Plain Township from an agricultural to a residential district. Barth wants to develop the area into a restricted subdivision that would eventually comprise 98 lots.

Like IHD's petition, Barth's petition drew heavy remonstrance. The commissioners approved Barth's petition by a 2 to 1 vote.

The property IHD wants to rezone is on the south side of CR 400N and east of Chapman Lake Drive in Plain Township.

IHD wants to create 47 lots with homes on the property with a price on each home at about $100,000 to $140,000. Average size would be about 1,500 square feet and it would be a developer- controlled subdivision.

Remonstrators were opposed to the development for 11 reasons: the area is used as agricultural land; rezoning sets a precedent that's hard to stop; there is a question of who would pay for the EMS needed with new growth; drainage problems; Deeds Creek run-off; liability due to overcrowding conditions; traffic problems for Chapman Lake Drive; overcrowding in the school district; current property owners' rights; too many lots in the area; and consistency of property use.

Wednesday, the APC did not open discussion to the public on IHD's petition. Instead, they held only board discussion.

APC President Vic Virgil said the reason the discussion was not open for public discussion was because "I think we're all familiar with this case except the two (new) members at the end. They've been brought up to speed on this case." He said they heard the meeting on tape and read the minutes.

The new members are Barbara Carwile and Hal Strong.

He said, "I don't like comparing this to Barth because I think we need to take each one on a case-by-case basis."

Virgil also said Barth's petition and IHD's petition were not similar because the property IHD wants to develop has problems with drainage, soil and traffic.

Strong said he was opposed to IHD's petition because traffic would definitely be a problem.

Carwile said, "It looks like, to me, they're pretty far out there from the fire and the EMS." She said it would be dangerous to build so many new homes in an area without quick access to emergency services.

Bob Weaver of the Kosciusko County Health Department told the board that as far as permits regarding septic systems, his department bases everything on a lot-by-lot basis. They do soil borings on each lot.

APC member Kelly Easterday cited drainage problems on the property, and she and county surveyor and APC member Richard Kemper both voted against the petition.

The ball will be in the commissioners' court again April 27 at 10 a.m.

In other business, APC approved seven petitions and continued one case until June.

A petition by Casey's General Store was voted to be sent to the Syracuse Town Board without a recommendation.

The petition asked to rezone ground from a residential to a commercial district. The property is on the west side of Ind. 19 and north of CR 500S in Franklin Township, Syracuse. [[In-content Ad]]

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