Remonstrators Crowd Plan Hearing Over Two Proposed Subdivisions
July 28, 2016 at 4:25 p.m.
Kosciusko County Area Plan Commission took four hours to hear 11 cases -Êapproving seven, continuing two and denying two.
That's because one case took an hour and another came close to an hour.
A standing-room-only crowd of remonstrators against two petitions before the APC caused the meeting to be so long.
The first petition was by Robert Barth Jr. to rezone 69 acres from an Agricultural District to a Residential District. The property is on the north side of Eight Square Road and east of CR 250E in Plain Township. It is in the Leesburg school district.
Larry Lawler, representing Barth, said Barth wants to develop the area into a restricted sub-division. He also showed the APC a proposed plat of their intentions.
In the first phase of the project, he said, there would be 11 lots. By the end of the second phase, there would be a total of 98 lots. No lot would be less than 20,000 square feet and roads would be asphalt with concrete curbs.
"It's intended to be $125,000 homes," Lawler said.
Several area residents who do not abut the property and live in the area said this was the first time they heard about the petition. They are opposed to having 98 lots in the area.
Area Plan Director Dan Richard told the APC, "The only question before the board today is if that tract is compatible for residential development."
Lawler said he has worked with the APC before and will work with all agencies necessary to make sure the lots would be suitable to the area.
County Surveyor and APC board member Richard Kemper said, "I have reservations about the density in that area."
APC board member Kevin McSherry said there seemed to be too many lots.
Remonstrators applauded his comments.
Charlie Haffner, APC board member, said approving the petition would be a way to promote the orderly development of land. He said it is already surrounded by areas zoned residential and the APC could rely on the county highway department to take care of any and all traffic concerns. He said it was a case of the first guy who moves into an area never wants the second guy to move in.
The APC voted four to three to approve the rezoning. The board discussed sending it to the county commissioners without a recommendation, but Richard told them the commissioners would send it back to them.
Kelly Easterday, APC board member, said, "If we're going to have growth, we've got to manage it."
McSherry got another round of applause when he said Barth should look elsewhere before he develops in a farm area.
Lawler reminded the APC that density is not an issue. The issue before them is suitability for residential development.
APC chairman Vic Virgil ordered a new vote. Virgil changed his vote to a vote to recommend approval. The petition passed 5 to 2.
The petition will go to the commissioners at 10 a.m. March 16 in the courthouse for a final decision.
The other remonstrators opposed a petition by the Indiana Housing and Development LLP to rezone ground from an Agricultural District to a Residential District. The property is on the south side of CR 400N and east of Chapman Lake Drive in Plain Township.
Attorney Richard Green, representing IHD, said the area is 35 acres of basic rolling ground. There would be no more than 47 lots with a price on each home at about $100,000 to $140,000. Average size would be about 1,500 square feet and there would be no mobile homes. It would be a developer controlled subdivision.
"The lot and the house will be sold as a package," Green said. He also said his clients are aware they have to take advantage of the terrain and issues such as drainage will need to be worked out with the various county agencies.
"We feel that this property is compatible for residential zoning. It will not detract from the neighborhood which we are proposing to put in," Green said.
Ann Miller was the first of many to speak against the petition. She is an adjacent property owner and presented a seven-page list of 139 remonstrators.
"There was not one person on these seven papers who were not eager for (the petition)," Miller said.
There were 11 reasons the remonstrators were against the petition. They said the area was currently used as agricultural land; rezoning sets a precedent that is hard to stop; there was a question of who would have to pay for emergency medical services needed with new growth; drainage problems; Deeds Creek run-off; liability due to overcrowding conditions; traffic problems for Chapman Lake Drive; possible overcrowding in the school district; current property owners' rights; too many lots in area; and anonymity.
"Where and when do we end all this rezoning and leave some agricultural land?" Miller said.
APC unanimously denied the petition after an hour of comments by remonstrators. [[In-content Ad]]
Kosciusko County Area Plan Commission took four hours to hear 11 cases -Êapproving seven, continuing two and denying two.
That's because one case took an hour and another came close to an hour.
A standing-room-only crowd of remonstrators against two petitions before the APC caused the meeting to be so long.
The first petition was by Robert Barth Jr. to rezone 69 acres from an Agricultural District to a Residential District. The property is on the north side of Eight Square Road and east of CR 250E in Plain Township. It is in the Leesburg school district.
Larry Lawler, representing Barth, said Barth wants to develop the area into a restricted sub-division. He also showed the APC a proposed plat of their intentions.
In the first phase of the project, he said, there would be 11 lots. By the end of the second phase, there would be a total of 98 lots. No lot would be less than 20,000 square feet and roads would be asphalt with concrete curbs.
"It's intended to be $125,000 homes," Lawler said.
Several area residents who do not abut the property and live in the area said this was the first time they heard about the petition. They are opposed to having 98 lots in the area.
Area Plan Director Dan Richard told the APC, "The only question before the board today is if that tract is compatible for residential development."
Lawler said he has worked with the APC before and will work with all agencies necessary to make sure the lots would be suitable to the area.
County Surveyor and APC board member Richard Kemper said, "I have reservations about the density in that area."
APC board member Kevin McSherry said there seemed to be too many lots.
Remonstrators applauded his comments.
Charlie Haffner, APC board member, said approving the petition would be a way to promote the orderly development of land. He said it is already surrounded by areas zoned residential and the APC could rely on the county highway department to take care of any and all traffic concerns. He said it was a case of the first guy who moves into an area never wants the second guy to move in.
The APC voted four to three to approve the rezoning. The board discussed sending it to the county commissioners without a recommendation, but Richard told them the commissioners would send it back to them.
Kelly Easterday, APC board member, said, "If we're going to have growth, we've got to manage it."
McSherry got another round of applause when he said Barth should look elsewhere before he develops in a farm area.
Lawler reminded the APC that density is not an issue. The issue before them is suitability for residential development.
APC chairman Vic Virgil ordered a new vote. Virgil changed his vote to a vote to recommend approval. The petition passed 5 to 2.
The petition will go to the commissioners at 10 a.m. March 16 in the courthouse for a final decision.
The other remonstrators opposed a petition by the Indiana Housing and Development LLP to rezone ground from an Agricultural District to a Residential District. The property is on the south side of CR 400N and east of Chapman Lake Drive in Plain Township.
Attorney Richard Green, representing IHD, said the area is 35 acres of basic rolling ground. There would be no more than 47 lots with a price on each home at about $100,000 to $140,000. Average size would be about 1,500 square feet and there would be no mobile homes. It would be a developer controlled subdivision.
"The lot and the house will be sold as a package," Green said. He also said his clients are aware they have to take advantage of the terrain and issues such as drainage will need to be worked out with the various county agencies.
"We feel that this property is compatible for residential zoning. It will not detract from the neighborhood which we are proposing to put in," Green said.
Ann Miller was the first of many to speak against the petition. She is an adjacent property owner and presented a seven-page list of 139 remonstrators.
"There was not one person on these seven papers who were not eager for (the petition)," Miller said.
There were 11 reasons the remonstrators were against the petition. They said the area was currently used as agricultural land; rezoning sets a precedent that is hard to stop; there was a question of who would have to pay for emergency medical services needed with new growth; drainage problems; Deeds Creek run-off; liability due to overcrowding conditions; traffic problems for Chapman Lake Drive; possible overcrowding in the school district; current property owners' rights; too many lots in area; and anonymity.
"Where and when do we end all this rezoning and leave some agricultural land?" Miller said.
APC unanimously denied the petition after an hour of comments by remonstrators. [[In-content Ad]]