Planners Approve Residential Rezoning

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

By DAVID SLONE, Times-Union Staff Writer-

Once again, Doyle and Elaine Munson's rezoning petition will go before the Kosciusko County Commissioners.

But this time, the Kosciusko County Area Plan Commission approved by a vote of 5 to 2 to recommend the commissioners approve the property to be rezoned from an agricultural to a residential district.

The property is on the east side of Packerton Road, north and south of CR 375S in Wayne Township.

In September, the Munsons petitioned to rezone the property to an agricultural II district. The plan commission unanimously recommended the commissioners deny the rezoning to Ag II. But upon hearing the petition, the commissioners sent it back to the plan commission for further review, suggesting the Munsons may want to rezone it residential instead of Ag II.

At the October plan commission hearing, after much discussion, the Munsons withdrew their Ag II district rezoning petition and said they would ask for the property to be rezoned to residential instead. Wednesday they were at the plan commission meeting to do just that.

According to attorney Steve Snyder, representing the petitioners, the property includes 96 acres. He said rezoning it residential will give the county some control over the development of the property whereas otherwise they wouldn't be able to have any control. The development will have to meet the county's standards and comprehensive plan if rezoned residential.

"Control is certainly the key," Snyder said. "... We don't want to lose control of it so it develops properly."

A remonstrator, Gene Gossman, said he is concerned about the Munsons' plans for the property. He said he wants to make sure the development had quality residences established.

County surveyor and plan commission member Dick Kemper said the plan commission cannot impose restrictions on the type of structure that goes in the development; only the developer can.

Dee Moore said the plan commission should not regulate what a farmer does with his property unless the county pays the farmer. She said the Munsons should be allowed to develop the property if that's what they want and need to do.

"I really, really encourage you to respect the struggles of the farmer," she said.

Plan commissioner Charlie Haffner said there was no argument on anyone's part that the area will be developed eventually.

"We have to assume this will be a prudent development and relieve some of the pressure of people wanting to build" here and there throughout the county, Haffner said. "I think it's much more valuable to the community and the person who wants to develop this property" to go ahead and approve the rezoning.

"I think the commissioners want it to be residential. I got that impression," said plan commissioner Hal Strong. He motioned to approve the rezoning to residential and Haffner seconded the motion.

Haffner and Strong voted in favor of the motion and commission members Norm Lovell, Don Ahrms and Barbara Carwile voted against the motion. Kemper abstained and commission chairman Vic Virgil withheld his vote until he could see how the other plan commission members voted. Virgil said he wants to get the rezoning back into the commissioners' hands.

With only seven of the nine commission members present, a motion does not pass until it has five votes.

In order to get the rezoning back to the commissioners, Kemper said, he would change his vote from an abstention to one in favor of the rezoning. The vote was then 3 to 3. Lovell changed his vote from against the petition to in favor of it. The vote was then 4 to 2, and Virgil voted in favor of the rezoning. With a final vote of 5 to 2, the recommendation to rezone the property will go before the county commissioners Nov. 20 at 10 a.m.

The plan commission unanimously approved for Area Plan Director Dan Richard to use this rezoning as an "opportunity to promote the land use plan" and "get something like that adopted."

The other petitions before the plan commission Wednesday were approved and included:

• Sycamore Fields LLC's petition for a preliminary plat for an Ag II development on a 26.2-acre tract. The property is at the corner of CR 450N and Sullivan Road in Tippecanoe Township.

• David and Leslie Oakes' petition to rezone ground from a residential to a commercial district. The property is on the east side of East Street and 130 feet south of Washington Street in Tippecanoe Township.

• Darrell Johnson's petition to rezone ground from an agricultural to a residential district. The property is on the east side of CR 325E and 680 feet south of Ken-Way drive in Wayne Township.

• Jeff and Vicky Owens' petition for a preliminary plat approval for a residential development. The property is on both sides of Wausau Street and on the east side of Ind. 25 in Wayne Township. [[In-content Ad]]

Once again, Doyle and Elaine Munson's rezoning petition will go before the Kosciusko County Commissioners.

But this time, the Kosciusko County Area Plan Commission approved by a vote of 5 to 2 to recommend the commissioners approve the property to be rezoned from an agricultural to a residential district.

The property is on the east side of Packerton Road, north and south of CR 375S in Wayne Township.

In September, the Munsons petitioned to rezone the property to an agricultural II district. The plan commission unanimously recommended the commissioners deny the rezoning to Ag II. But upon hearing the petition, the commissioners sent it back to the plan commission for further review, suggesting the Munsons may want to rezone it residential instead of Ag II.

At the October plan commission hearing, after much discussion, the Munsons withdrew their Ag II district rezoning petition and said they would ask for the property to be rezoned to residential instead. Wednesday they were at the plan commission meeting to do just that.

According to attorney Steve Snyder, representing the petitioners, the property includes 96 acres. He said rezoning it residential will give the county some control over the development of the property whereas otherwise they wouldn't be able to have any control. The development will have to meet the county's standards and comprehensive plan if rezoned residential.

"Control is certainly the key," Snyder said. "... We don't want to lose control of it so it develops properly."

A remonstrator, Gene Gossman, said he is concerned about the Munsons' plans for the property. He said he wants to make sure the development had quality residences established.

County surveyor and plan commission member Dick Kemper said the plan commission cannot impose restrictions on the type of structure that goes in the development; only the developer can.

Dee Moore said the plan commission should not regulate what a farmer does with his property unless the county pays the farmer. She said the Munsons should be allowed to develop the property if that's what they want and need to do.

"I really, really encourage you to respect the struggles of the farmer," she said.

Plan commissioner Charlie Haffner said there was no argument on anyone's part that the area will be developed eventually.

"We have to assume this will be a prudent development and relieve some of the pressure of people wanting to build" here and there throughout the county, Haffner said. "I think it's much more valuable to the community and the person who wants to develop this property" to go ahead and approve the rezoning.

"I think the commissioners want it to be residential. I got that impression," said plan commissioner Hal Strong. He motioned to approve the rezoning to residential and Haffner seconded the motion.

Haffner and Strong voted in favor of the motion and commission members Norm Lovell, Don Ahrms and Barbara Carwile voted against the motion. Kemper abstained and commission chairman Vic Virgil withheld his vote until he could see how the other plan commission members voted. Virgil said he wants to get the rezoning back into the commissioners' hands.

With only seven of the nine commission members present, a motion does not pass until it has five votes.

In order to get the rezoning back to the commissioners, Kemper said, he would change his vote from an abstention to one in favor of the rezoning. The vote was then 3 to 3. Lovell changed his vote from against the petition to in favor of it. The vote was then 4 to 2, and Virgil voted in favor of the rezoning. With a final vote of 5 to 2, the recommendation to rezone the property will go before the county commissioners Nov. 20 at 10 a.m.

The plan commission unanimously approved for Area Plan Director Dan Richard to use this rezoning as an "opportunity to promote the land use plan" and "get something like that adopted."

The other petitions before the plan commission Wednesday were approved and included:

• Sycamore Fields LLC's petition for a preliminary plat for an Ag II development on a 26.2-acre tract. The property is at the corner of CR 450N and Sullivan Road in Tippecanoe Township.

• David and Leslie Oakes' petition to rezone ground from a residential to a commercial district. The property is on the east side of East Street and 130 feet south of Washington Street in Tippecanoe Township.

• Darrell Johnson's petition to rezone ground from an agricultural to a residential district. The property is on the east side of CR 325E and 680 feet south of Ken-Way drive in Wayne Township.

• Jeff and Vicky Owens' petition for a preliminary plat approval for a residential development. The property is on both sides of Wausau Street and on the east side of Ind. 25 in Wayne Township. [[In-content Ad]]

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