Rezoning request denied for property near North Webster
July 28, 2016 at 4:25 p.m.
First it was agricultural land.
Then Bruce Cavell rezoned it to residential.
Wednesday, Cavell petitioned the Kosciusko County Area Plan Commission to rezone the same ground to a commercial district. The property is between CR 500N and Ind. 13 in Tippecanoe Township.
But by a vote of five to three, the plan commission voted to recommend to the county commissioners that they not rezone the property. On rezonings, the plan commission is only a recommending body to the commissioners. The commissioners will hear the petition Dec. 2 at 9:30 a.m. in the Kosciusko County Courthouse, Warsaw.
Voting to deny the petition were Hal Strong, Dick Kemper, Kevin McSherry, Kelly Easterday and Vic Virgil. Voting to approve the petition were Norm Lovell, Charlie Haffner and Don Arms. Virgil voted to deny the petition after the original vote was four to three "so it (the petition) moves on." The plan commission requires five votes to make a recommendation to the county commissioners.
Representing Cavell, attorney Steve Snyder said Cavell and Kevin Bell, of Bell Marina, got together and exchanged properties so Cavell's property would have access to Ind. 13. A key to the development of the property is having that access. There is no question, Snyder said, that development in North Webster will happen in this area.
Cavell's strip of access is 100 feet in width, which is adequate for curb cuts and whatever else is necessary, Snyder said. The development's Ind. 13 access will have to meet the Indiana Department of Transportation's standards.
"This tract isn't going to be developed for residential purposes," Snyder said.
Remonstrators said they were concerned about what effect rezoning would have on their property values, traffic and safety for their children and grandchildren. Other concerns were expressed regarding drainage, wetlands and wildlife.
In rebuttal, Snyder said the question before the plan commission is what is the highest and best use for the property. The property is adjacent to Ind. 13 and the access off Ind. 13 will hold the traffic with the access meeting INDOT requirements. There is no evidence there will be an effect either way, Snyder said, but his guess was that the rezoning would enhance the property values. As for the wetlands, there are laws to protect them, they can't just go and fill them in.
Enforcement of traffic concerns, such as speeding, is up to the Kosciusko County Sheriff's Department, Snyder said.
Asked what kind of commercial property will be placed into the development, Snyder said it's the county's ordinance, so the development can only have what fits under the ordinance.
"The kind of things you expect to see in a larger park area rather than a downtown area," said Snyder.
Kemper, county surveyor and plan commission member, said his concerns included the second access going through the wetland area and commercial traffic through the residential area.
"I just think it's more appropriate for residential than commercial," Kemper said.
Arms asked Snyder if there was any thought about keeping the area residential. Snyder replied that prior to the marina going in and the farm property being split across the street, residential could have been an option. Now, it's no longer "appropriate."
In other business, two final plats were approved by the plan commission, including:
• Shadow Lake Estates, section 2, nine lots.
• Paul's North Shore Subdivision, Chapman Lake area, section 2, five lots.
The plan commission meets at 1 p.m. on the first Wednesday of every month in the Justice Building meeting room, Warsaw. [[In-content Ad]]
First it was agricultural land.
Then Bruce Cavell rezoned it to residential.
Wednesday, Cavell petitioned the Kosciusko County Area Plan Commission to rezone the same ground to a commercial district. The property is between CR 500N and Ind. 13 in Tippecanoe Township.
But by a vote of five to three, the plan commission voted to recommend to the county commissioners that they not rezone the property. On rezonings, the plan commission is only a recommending body to the commissioners. The commissioners will hear the petition Dec. 2 at 9:30 a.m. in the Kosciusko County Courthouse, Warsaw.
Voting to deny the petition were Hal Strong, Dick Kemper, Kevin McSherry, Kelly Easterday and Vic Virgil. Voting to approve the petition were Norm Lovell, Charlie Haffner and Don Arms. Virgil voted to deny the petition after the original vote was four to three "so it (the petition) moves on." The plan commission requires five votes to make a recommendation to the county commissioners.
Representing Cavell, attorney Steve Snyder said Cavell and Kevin Bell, of Bell Marina, got together and exchanged properties so Cavell's property would have access to Ind. 13. A key to the development of the property is having that access. There is no question, Snyder said, that development in North Webster will happen in this area.
Cavell's strip of access is 100 feet in width, which is adequate for curb cuts and whatever else is necessary, Snyder said. The development's Ind. 13 access will have to meet the Indiana Department of Transportation's standards.
"This tract isn't going to be developed for residential purposes," Snyder said.
Remonstrators said they were concerned about what effect rezoning would have on their property values, traffic and safety for their children and grandchildren. Other concerns were expressed regarding drainage, wetlands and wildlife.
In rebuttal, Snyder said the question before the plan commission is what is the highest and best use for the property. The property is adjacent to Ind. 13 and the access off Ind. 13 will hold the traffic with the access meeting INDOT requirements. There is no evidence there will be an effect either way, Snyder said, but his guess was that the rezoning would enhance the property values. As for the wetlands, there are laws to protect them, they can't just go and fill them in.
Enforcement of traffic concerns, such as speeding, is up to the Kosciusko County Sheriff's Department, Snyder said.
Asked what kind of commercial property will be placed into the development, Snyder said it's the county's ordinance, so the development can only have what fits under the ordinance.
"The kind of things you expect to see in a larger park area rather than a downtown area," said Snyder.
Kemper, county surveyor and plan commission member, said his concerns included the second access going through the wetland area and commercial traffic through the residential area.
"I just think it's more appropriate for residential than commercial," Kemper said.
Arms asked Snyder if there was any thought about keeping the area residential. Snyder replied that prior to the marina going in and the farm property being split across the street, residential could have been an option. Now, it's no longer "appropriate."
In other business, two final plats were approved by the plan commission, including:
• Shadow Lake Estates, section 2, nine lots.
• Paul's North Shore Subdivision, Chapman Lake area, section 2, five lots.
The plan commission meets at 1 p.m. on the first Wednesday of every month in the Justice Building meeting room, Warsaw. [[In-content Ad]]