Planners OK 2 Plats,1 Rezoning
July 28, 2016 at 4:25 p.m.
Both preliminary plats and one rezoning petition before the Kosciusko County Area Plan Commission were unanimously approved, but not without some remonstration.
Carey Excavation Inc. petitioned to rezone property from an agricultural district to a residential district. The property is on the north side of CR 500N, 1,320 feet west of CR 675E in Tippecanoe Township.
Steve Harris, representing Dave Carey, said the property is surrounded on three sides by three platted areas. He said the rezoning would be compatible with the area and he doesn't think there will be a problem with septic systems and drainage.
Board member Don Ahrns asked if the development was going to be a mobile home park. Carey said, "No mobile homes. I have no intentions of that." He said the homes would be a minimum of 1,500 square feet each on a half-acre to two acres each; "nice size lots." There will be 40 to 45 homes in the development. They plan to pave the streets with concrete curbs and have no open ditches.
When asked if he received any input from neighbors regarding the development, Carey said he received only a few calls but no negative comments "at this point."
Six letters of concern were then given to the board by Area Plan Commission Director Dan Richard. "The one biggest concern," said Richard, "has to do with drainage and run-off."
However, those issues will be addressed in future public meetings, Richard said. The petition to rezone is just the first step in the three-step process. "The question before the board today is, is it suitable for residential development," said Richard.
The second step is a public hearing on what Carey Excavating plans to do, and Carey must present detailed plans. The second step also will be a forum for the board and public to discuss drainage issues.
The third step, Richard said, "is physically improving the property so that it looks like it does on paper." If the petitioner does that, then the final plat is approved.
Remonstrator James Castle said several property owners in the area have shallow wells. If the rezoning is approved, he questioned the impact the new development would have on those wells.
Charlie Haffner, board vice chairman, said he would be more concerned with run-off from agricultural land than with residential land. Residential property must meet stricter standards than agricultural property, and with agricultural run-off there are pesticides and other chemicals to be concerned about.
On property east of the proposed development, Robert Phillipe has a dirt bike practice track. "The proposed development would be in conflict with our" legally zoned track, Phillipe said.
Also, he allows hunters on some of his property. "I'm very concerned with what will happen if property is rezoned and there are gunshots going off in the morning," he said.
Another concern, he said, is that Armstrong Road, near where the rezoning property is one of the most heavily traveled roads in the county. Approving the rezoning may cause traffic problems, he said.
He said the proposal is not in a prime development area and the sales of existing homes are sluggish already. "The market is soft, in other words," he said. "... I don't want this development there. I feel it conflicts with what I'm doing with my property. The market isn't there ... ."
In rebuttal, Carey said the shallow wells aren't a concern because the sewage systems he will be putting in will be further away than the systems of the property owners already there. He said they also will comply with all the ordinances and regulations. "Certainly," he said, "we won't flood anyone out."
And as for Phillipe's track, "we won't argue with that," Carey said.
Kosciusko County Surveyor Richard Kemper asked Carey if, at final platting, it would be possible to have a restrictive covenant that there can be no remonstration by the homeowners against the bike track and an auto repair shop that exists in the area.
"I wouldn't have any problem with that," said Carey. He said he is not trying to cause any problems with the neighbors.
Ahrns made a motion to deny the petition, but there was no second. Board member Kevin McSherry made a motion to approve and the motion was passed unanimously.
The plan commission is a recommending board to the county commissioners on rezonings. Carey Excavation Inc.'s petition will go before the commissioners at 10 a.m. Feb. 27.
In other business, the board approved preliminary plats for:
• Crooked Creek Development, on the east side of Chapman Lake Drive and 2,000 feet south of CR 400N in Plain Township.
• Lewis Neibert, 0.695 acres on the east side of EMS T13 Lane and north of EMS T13C Lane in Tippecanoe Township.
Plan commission members are Charlie Haffner, Kevin McSherry, Don Ahrns, Kelly Easterday, Norm Lovell, Dick Kemper, Barbara Carwile, Vic Virgil and Hal Strong. They meet at 1 p.m. in the county courthouse on the first Wednesday of every month. [[In-content Ad]]
Both preliminary plats and one rezoning petition before the Kosciusko County Area Plan Commission were unanimously approved, but not without some remonstration.
Carey Excavation Inc. petitioned to rezone property from an agricultural district to a residential district. The property is on the north side of CR 500N, 1,320 feet west of CR 675E in Tippecanoe Township.
Steve Harris, representing Dave Carey, said the property is surrounded on three sides by three platted areas. He said the rezoning would be compatible with the area and he doesn't think there will be a problem with septic systems and drainage.
Board member Don Ahrns asked if the development was going to be a mobile home park. Carey said, "No mobile homes. I have no intentions of that." He said the homes would be a minimum of 1,500 square feet each on a half-acre to two acres each; "nice size lots." There will be 40 to 45 homes in the development. They plan to pave the streets with concrete curbs and have no open ditches.
When asked if he received any input from neighbors regarding the development, Carey said he received only a few calls but no negative comments "at this point."
Six letters of concern were then given to the board by Area Plan Commission Director Dan Richard. "The one biggest concern," said Richard, "has to do with drainage and run-off."
However, those issues will be addressed in future public meetings, Richard said. The petition to rezone is just the first step in the three-step process. "The question before the board today is, is it suitable for residential development," said Richard.
The second step is a public hearing on what Carey Excavating plans to do, and Carey must present detailed plans. The second step also will be a forum for the board and public to discuss drainage issues.
The third step, Richard said, "is physically improving the property so that it looks like it does on paper." If the petitioner does that, then the final plat is approved.
Remonstrator James Castle said several property owners in the area have shallow wells. If the rezoning is approved, he questioned the impact the new development would have on those wells.
Charlie Haffner, board vice chairman, said he would be more concerned with run-off from agricultural land than with residential land. Residential property must meet stricter standards than agricultural property, and with agricultural run-off there are pesticides and other chemicals to be concerned about.
On property east of the proposed development, Robert Phillipe has a dirt bike practice track. "The proposed development would be in conflict with our" legally zoned track, Phillipe said.
Also, he allows hunters on some of his property. "I'm very concerned with what will happen if property is rezoned and there are gunshots going off in the morning," he said.
Another concern, he said, is that Armstrong Road, near where the rezoning property is one of the most heavily traveled roads in the county. Approving the rezoning may cause traffic problems, he said.
He said the proposal is not in a prime development area and the sales of existing homes are sluggish already. "The market is soft, in other words," he said. "... I don't want this development there. I feel it conflicts with what I'm doing with my property. The market isn't there ... ."
In rebuttal, Carey said the shallow wells aren't a concern because the sewage systems he will be putting in will be further away than the systems of the property owners already there. He said they also will comply with all the ordinances and regulations. "Certainly," he said, "we won't flood anyone out."
And as for Phillipe's track, "we won't argue with that," Carey said.
Kosciusko County Surveyor Richard Kemper asked Carey if, at final platting, it would be possible to have a restrictive covenant that there can be no remonstration by the homeowners against the bike track and an auto repair shop that exists in the area.
"I wouldn't have any problem with that," said Carey. He said he is not trying to cause any problems with the neighbors.
Ahrns made a motion to deny the petition, but there was no second. Board member Kevin McSherry made a motion to approve and the motion was passed unanimously.
The plan commission is a recommending board to the county commissioners on rezonings. Carey Excavation Inc.'s petition will go before the commissioners at 10 a.m. Feb. 27.
In other business, the board approved preliminary plats for:
• Crooked Creek Development, on the east side of Chapman Lake Drive and 2,000 feet south of CR 400N in Plain Township.
• Lewis Neibert, 0.695 acres on the east side of EMS T13 Lane and north of EMS T13C Lane in Tippecanoe Township.
Plan commission members are Charlie Haffner, Kevin McSherry, Don Ahrns, Kelly Easterday, Norm Lovell, Dick Kemper, Barbara Carwile, Vic Virgil and Hal Strong. They meet at 1 p.m. in the county courthouse on the first Wednesday of every month. [[In-content Ad]]