Industrial Zoning Request Tabled By Commissioners
July 28, 2016 at 4:25 p.m.
By Tim [email protected]
But a final decision on the land may be close.
The land on the north side of CR 1300N just east of Old 15 in Van Buren Township has been the subject of controversy for the past two years, beginning with a failed attempt to build an ethanol plant on the site in 2006.[[In-content Ad]]Kosciusko County Commissioners tabled a request to zone 225 acres near Milford for heavy industrial use after the hearing on the request became a negotiation session Tuesday.
But a final decision on the land may be close.
The land on the north side of CR 1300N just east of Old 15 in Van Buren Township has been the subject of controversy for the past two years, beginning with a failed attempt to build an ethanol plant on the site in 2006. Late last year, Harlan Beer, the owner of the property, petitioned the county to rezone the land for heavy industrial use from its current agricultural zoning. Area residents have shown up to oppose the request at several plan commission and county commissioner meetings.
In January, the commissioners denied Beer's request to rezone the entire property Industrial-III, or heavy industrial. At that meeting, the commissioners said they would be willing to consider a rezoning if Beer included some lighter Industrial-II zoning as buffering around nearby residences.
Feb. 6, in a 6-2 split vote, the Kosciusko County Area Plan Commission approved Beer's second request, which included I-II zoning around several residences adjacent to the proposed industrial site. Tuesday, Commissioner Ron Truex said the proposed I-II buffering was located around residences located in agricultural zones, but no buffering was included for nearby residential zones.
"It would appear we have buffers around residences in agriculture areas, but we've done nothing to buffer actual residentially zoned areas," Truex said.
Commissioner Brad Jackson suggested the petitioners and area residents spend some time trying to reach an agreement before the commissioners make a decision on the proposal. Jackson emphasized the need for a compromise.
"I think this is an issue we've all been faced with too long and it needs to be put to bed," Jackson said.
"We provided you with what we believed was the appropriate buffer," said attorney Steve Snyder, representing Beer. "Somebody's going to have to tell us what else would be appropriate. You draw your lines on it and my client decides whether he wants to come back with a proposal a third time."
Jackson said, if a compromise between Beer and the residents could be reached, the next time around, the proposal would be a "rubber stamp" approval.
Snyder, Beer's son Tracy Beer, and about 10 area residents gathered with the commissioners at the front of the Old Courtroom. The residents voiced several requests, most involving buffer zones and excavated mounds between residences and industrial areas.
"I'm asking for the screening to be here so we cannot see it," said Becky Doll, who lives near the site on Old 15.
Doll said it was important that Beer ensure that mounds would be built so an industrial site does not become part of the scenery for her and other residents.
"We are just trying to protect the properties of those people from something very unsightly," Doll said.
Bill Appenzeller lives on property adjacent to the proposed industrial site. Appenzeller said he prefers a distance buffer to screening mounds. He said any industry that locates on the site will likely build a railroad spur, and he wants distance between the trains and his home.
"I'm not real crazy about some railroad spur going by my house," Appenzeller said.
After about an hour of discussion, Snyder presented a proposal, which none of the residents spoke against. The proposal includes a buffer zone of at least 50 feet in areas with residences. Some of the areas will have a 75-foot buffer zone and in those areas a 6-foot mound with plantings will be constructed. According to the proposal, the entire property will be rezoned I-III for heavy industrial use.
After the hearing, Tracy Beer declined to comment on the negotiated compromise.
Appenzeller said it was acceptable.
"I think they were going to reach an agreement today," he said. "So, I just tried to get what I could. I don't think I got everything I wanted."
Doll said her main concern was addressed. "We are thrilled there will be some buffering," she said.
The compromise was not enough for all the area residents. Tina Fraley lives on CR 100E, just east of the site.
"I think it has left a lot of people very disappointed," Fraley said. "There's a tremendous drive to develop and a lot of people feel like their concerns have been pushed aside. The people who live around there have only been given an extra 25 feet. That means rail lines can be 75 feet from people's homes. That's way too close."
Joel and Teresa Brito live on property adjacent to the proposed industrial site. Tuesday, Teresa Brito said the couple put their home up for sale. She said some of their children have health problems, which can be intensified by impurities in the air. Though it is unclear what type of industry may purchase the land, Brito said the possibility that it could be harmful to her children's health is too great.
"We can't take that chance," she said. "It's our children, it's not something to gamble with."
County Plan Director Dan Richard said Beer's proposal will be taken back to the plan commission to request a rezoning to I-III for the entire property. Richard said the screening and buffering commitments will be marked on a map of the property for the plan commission to inspect. The plan commission will send their recommendation on the request back to the commissioners, who will make a decision after the private covenants between Beer and area residents have been filed with the county.
"We've reached, I think, as good a compromise as we're going to today," said Jackson.
But a final decision on the land may be close.
The land on the north side of CR 1300N just east of Old 15 in Van Buren Township has been the subject of controversy for the past two years, beginning with a failed attempt to build an ethanol plant on the site in 2006.[[In-content Ad]]Kosciusko County Commissioners tabled a request to zone 225 acres near Milford for heavy industrial use after the hearing on the request became a negotiation session Tuesday.
But a final decision on the land may be close.
The land on the north side of CR 1300N just east of Old 15 in Van Buren Township has been the subject of controversy for the past two years, beginning with a failed attempt to build an ethanol plant on the site in 2006. Late last year, Harlan Beer, the owner of the property, petitioned the county to rezone the land for heavy industrial use from its current agricultural zoning. Area residents have shown up to oppose the request at several plan commission and county commissioner meetings.
In January, the commissioners denied Beer's request to rezone the entire property Industrial-III, or heavy industrial. At that meeting, the commissioners said they would be willing to consider a rezoning if Beer included some lighter Industrial-II zoning as buffering around nearby residences.
Feb. 6, in a 6-2 split vote, the Kosciusko County Area Plan Commission approved Beer's second request, which included I-II zoning around several residences adjacent to the proposed industrial site. Tuesday, Commissioner Ron Truex said the proposed I-II buffering was located around residences located in agricultural zones, but no buffering was included for nearby residential zones.
"It would appear we have buffers around residences in agriculture areas, but we've done nothing to buffer actual residentially zoned areas," Truex said.
Commissioner Brad Jackson suggested the petitioners and area residents spend some time trying to reach an agreement before the commissioners make a decision on the proposal. Jackson emphasized the need for a compromise.
"I think this is an issue we've all been faced with too long and it needs to be put to bed," Jackson said.
"We provided you with what we believed was the appropriate buffer," said attorney Steve Snyder, representing Beer. "Somebody's going to have to tell us what else would be appropriate. You draw your lines on it and my client decides whether he wants to come back with a proposal a third time."
Jackson said, if a compromise between Beer and the residents could be reached, the next time around, the proposal would be a "rubber stamp" approval.
Snyder, Beer's son Tracy Beer, and about 10 area residents gathered with the commissioners at the front of the Old Courtroom. The residents voiced several requests, most involving buffer zones and excavated mounds between residences and industrial areas.
"I'm asking for the screening to be here so we cannot see it," said Becky Doll, who lives near the site on Old 15.
Doll said it was important that Beer ensure that mounds would be built so an industrial site does not become part of the scenery for her and other residents.
"We are just trying to protect the properties of those people from something very unsightly," Doll said.
Bill Appenzeller lives on property adjacent to the proposed industrial site. Appenzeller said he prefers a distance buffer to screening mounds. He said any industry that locates on the site will likely build a railroad spur, and he wants distance between the trains and his home.
"I'm not real crazy about some railroad spur going by my house," Appenzeller said.
After about an hour of discussion, Snyder presented a proposal, which none of the residents spoke against. The proposal includes a buffer zone of at least 50 feet in areas with residences. Some of the areas will have a 75-foot buffer zone and in those areas a 6-foot mound with plantings will be constructed. According to the proposal, the entire property will be rezoned I-III for heavy industrial use.
After the hearing, Tracy Beer declined to comment on the negotiated compromise.
Appenzeller said it was acceptable.
"I think they were going to reach an agreement today," he said. "So, I just tried to get what I could. I don't think I got everything I wanted."
Doll said her main concern was addressed. "We are thrilled there will be some buffering," she said.
The compromise was not enough for all the area residents. Tina Fraley lives on CR 100E, just east of the site.
"I think it has left a lot of people very disappointed," Fraley said. "There's a tremendous drive to develop and a lot of people feel like their concerns have been pushed aside. The people who live around there have only been given an extra 25 feet. That means rail lines can be 75 feet from people's homes. That's way too close."
Joel and Teresa Brito live on property adjacent to the proposed industrial site. Tuesday, Teresa Brito said the couple put their home up for sale. She said some of their children have health problems, which can be intensified by impurities in the air. Though it is unclear what type of industry may purchase the land, Brito said the possibility that it could be harmful to her children's health is too great.
"We can't take that chance," she said. "It's our children, it's not something to gamble with."
County Plan Director Dan Richard said Beer's proposal will be taken back to the plan commission to request a rezoning to I-III for the entire property. Richard said the screening and buffering commitments will be marked on a map of the property for the plan commission to inspect. The plan commission will send their recommendation on the request back to the commissioners, who will make a decision after the private covenants between Beer and area residents have been filed with the county.
"We've reached, I think, as good a compromise as we're going to today," said Jackson.
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